# CE2006092EN.01001301.xml

| 20.4.2006 | EN | Official Journal of the European Union | CE 92/13 |
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20.4.2006

EN

Official Journal of the European Union

CE 92/13

---

MINUTES

(2006/C 92 E/02)

PROCEEDINGS OF THE SITTING

IN THE CHAIR: Janusz ONYSZKIEWICZ

Vice-President

1.   Opening of sitting

The sitting opened at 09.05.

2.   Documents received

The following documents had been received:

1)   from the Council and Commission:

| — | Proposal for a decision of the European Parliament and of the Council establishing for the period 2007-2013 the programme ‘Citizens for Europe’ to promote active European citizenship (COM(2005)0116 — C6-0101/2005 — 2005/0041 (COD))






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

—

Proposal for a decision of the European Parliament and of the Council establishing for the period 2007-2013 the programme ‘Citizens for Europe’ to promote active European citizenship (COM(2005)0116 — C6-0101/2005 — 2005/0041 (COD))

referred to

responsible: CULT

opinion: BUDG, LIBE, AFCO

| — | Proposal for a Council decision concerning the seventh framework programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities (2007 to 2011) — Building the Europe of knowledge (COM(2005)0119 [02] — C6-0112/2005 — 2005/0044(CNS))






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

—

Proposal for a Council decision concerning the seventh framework programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities (2007 to 2011) — Building the Europe of knowledge (COM(2005)0119 [02] — C6-0112/2005 — 2005/0044(CNS))

referred to

responsible: ITRE

opinion: BUDG, ENVI

| — | Proposal for a Council directive amending Directive 77/388/EEC on the common system of value added tax, with regard to the length of time during which the minimum standard rate is to be applied (COM(2005)0136 — C6-0113/2005 — 2005/0051 (CNS))






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

—

Proposal for a Council directive amending Directive 77/388/EEC on the common system of value added tax, with regard to the length of time during which the minimum standard rate is to be applied (COM(2005)0136 — C6-0113/2005 — 2005/0051 (CNS))

referred to

responsible: ECON

| — | Proposal for a Council decision amending and extending Council Decision of 17 December 2001 establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the ‘Pericles’ programme) (COM(2005)0127 [01] — C6-0114/2005 — 2005/0029(CNS))






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

—

Proposal for a Council decision amending and extending Council Decision of 17 December 2001 establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the ‘Pericles’ programme) (COM(2005)0127 [01] — C6-0114/2005 — 2005/0029(CNS))

referred to

responsible: LIBE

opinion: BUDG, ECON

| — | Proposal for a Council decision extending to the non-participating Member States the application of Council Decision amending and extending Council Decision of 17 December 2001 establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the ‘Pericles’ programme) (COM(2005)0127 [02] — C6-0115/2005 — 2005/0030(CNS))






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

—

Proposal for a Council decision extending to the non-participating Member States the application of Council Decision amending and extending Council Decision of 17 December 2001 establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the ‘Pericles’ programme) (COM(2005)0127 [02] — C6-0115/2005 — 2005/0030(CNS))

referred to

responsible: LIBE

opinion: BUDG, ECON

| — | Proposal for a Council directive on the control of potato cyst nematodes (COM(2005)0151 — C6-0116/2005 — 2005/0058(CNS))






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

—

Proposal for a Council directive on the control of potato cyst nematodes (COM(2005)0151 — C6-0116/2005 — 2005/0058(CNS))

referred to

responsible: AGRI

| — | Initiative of the Kingdom of the Netherlands with a view to the adoption of a Council Decision on strengthening cross-border police cooperation with regard to meetings attended by large numbers of people from more than one Member State, at which policing is primarily aimed at maintaining law and order and security and preventing and combating criminal offences (06930/2005 — C6-0117/2005 — 2005/0804(CNS))






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

—

Initiative of the Kingdom of the Netherlands with a view to the adoption of a Council Decision on strengthening cross-border police cooperation with regard to meetings attended by large numbers of people from more than one Member State, at which policing is primarily aimed at maintaining law and order and security and preventing and combating criminal offences (06930/2005 — C6-0117/2005 — 2005/0804(CNS))

referred to

responsible: LIBE

| — | Proposal for a decision of the Council and of the Commission on the conclusion of a Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Tajikistan, of the other part (12475/2004 — C6-0118/2005 — 2004/0176(AVC))






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

—

Proposal for a decision of the Council and of the Commission on the conclusion of a Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Tajikistan, of the other part (12475/2004 — C6-0118/2005 — 2004/0176(AVC))

referred to

responsible: AFET

opinion: INTA

| — | Proposal for a Council regulation amending Regulation (EC) No 1467/97 on speeding up and clarifying the implementation of the excessive deficit procedure (COM(2005)0155 — C6-0120/2005 — 2005/0061 (CNS))






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

—

Proposal for a Council regulation amending Regulation (EC) No 1467/97 on speeding up and clarifying the implementation of the excessive deficit procedure (COM(2005)0155 — C6-0120/2005 — 2005/0061 (CNS))

referred to

responsible: ECON

opinion: BUDG

2)   from Members — written declarations for entry in the Register (Rule 116):

| — | Andreas Mölzer, on the planned increase in resources for the Euratom Research Programme 2007-2011 (26/2005) |
| --- | --- |

—

Andreas Mölzer, on the planned increase in resources for the Euratom Research Programme 2007-2011 (26/2005)

| — | Frank Vanhecke, Philip Claeys and Koenraad Dillen, on equal access to the Flemish public broadcasting media for all political parties (27/2005) |
| --- | --- |

—

Frank Vanhecke, Philip Claeys and Koenraad Dillen, on equal access to the Flemish public broadcasting media for all political parties (27/2005)

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

(announcement of motions for resolutions tabled)

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

I.   TOGO

| — | Marie-Arlette Carlotti and Pasqualina Napoletano, on behalf of the PSE Group, on the situation in Togo (B6-0282/2005), |
| --- | --- |

—

Marie-Arlette Carlotti and Pasqualina Napoletano, on behalf of the PSE Group, on the situation in Togo (B6-0282/2005),

| — | Marie-Hélène Aubert, Frithjof Schmidt and Margrete Auken, on behalf of the Verts/ALE Group, on Togo (B6-0285/2005), |
| --- | --- |

—

Marie-Hélène Aubert, Frithjof Schmidt and Margrete Auken, on behalf of the Verts/ALE Group, on Togo (B6-0285/2005),

| — | Luisa Morgantini, on behalf of the GUE/NGL Group, on the situation in Togo (B6-0288/2005), |
| --- | --- |

—

Luisa Morgantini, on behalf of the GUE/NGL Group, on the situation in Togo (B6-0288/2005),

| — | Thierry Cornillet and Johan Van Hecke, on behalf of the ALDE Group, on the political situation in Togo (B6-0311/2005), |
| --- | --- |

—

Thierry Cornillet and Johan Van Hecke, on behalf of the ALDE Group, on the political situation in Togo (B6-0311/2005),

| — | Michael Gahler and Bernd Posselt, on behalf of the PPE-DE Group, on the situation in Togo (B6-0312/2005), |
| --- | --- |

—

Michael Gahler and Bernd Posselt, on behalf of the PPE-DE Group, on the situation in Togo (B6-0312/2005),

| — | Roberts Zīle, on behalf of the UEN Group, on the situation in Togo (B6-0314/2005). |
| --- | --- |

—

Roberts Zīle, on behalf of the UEN Group, on the situation in Togo (B6-0314/2005).

II.   BREACHES OF HUMAN RIGHTS AND DEMOCRACY IN THE REPUBLIC OF MARI EL IN THE RUSSIAN FEDERATION

| — | Pasqualina Napoletano, Csaba Sándor Tabajdi and Reino Paasilinna, on behalf of the PSE Group, on breaches of human rights and democracy in the Mari Republic (Mari El) of the Russian Federation (B6-0283/2005), |
| --- | --- |

—

Pasqualina Napoletano, Csaba Sándor Tabajdi and Reino Paasilinna, on behalf of the PSE Group, on breaches of human rights and democracy in the Mari Republic (Mari El) of the Russian Federation (B6-0283/2005),

| — | Vittorio Agnoletto and Esko Seppänen, on behalf of the GUE/NGL Group, on breaches of human rights and democracy in the Mari Republic (Mari El) of the Russian Federation (B6-0286/2005), |
| --- | --- |

—

Vittorio Agnoletto and Esko Seppänen, on behalf of the GUE/NGL Group, on breaches of human rights and democracy in the Mari Republic (Mari El) of the Russian Federation (B6-0286/2005),

| — | Satu Hassi, Bart Staes and Marie Anne Isler Béguin, on behalf of the Verts/ALE Group, on breaches of human rights and democracy in the Mari Republic (Mari El) of the Russian Federation (B6-0291/2005), |
| --- | --- |

—

Satu Hassi, Bart Staes and Marie Anne Isler Béguin, on behalf of the Verts/ALE Group, on breaches of human rights and democracy in the Mari Republic (Mari El) of the Russian Federation (B6-0291/2005),

| — | Toomas Savi, István Szent-Iványi, Paavo Väyrynen and Henrik Lax, on behalf of the ALDE Group, on breaches of human rights and democracy in the Mari Republic (Mari El) of the Russian Federation (B6-0292/2005), |
| --- | --- |

—

Toomas Savi, István Szent-Iványi, Paavo Väyrynen and Henrik Lax, on behalf of the ALDE Group, on breaches of human rights and democracy in the Mari Republic (Mari El) of the Russian Federation (B6-0292/2005),

| — | Anna Elzbieta Fotyga, on behalf of the UEN Group, on breaches of human rights and democracy in the Mari Republic (Mari El) of the Russian Federation (B6-0294/2005), |
| --- | --- |

—

Anna Elzbieta Fotyga, on behalf of the UEN Group, on breaches of human rights and democracy in the Mari Republic (Mari El) of the Russian Federation (B6-0294/2005),

| — | György Schöpflin, Tunne Kelam and Bernd Posselt, on behalf of the PPE-DE Group, son breaches of human rights and democracy in the Mari Republic (Mari El) of the Russian Federation (B6-0316/2005). |
| --- | --- |

—

György Schöpflin, Tunne Kelam and Bernd Posselt, on behalf of the PPE-DE Group, son breaches of human rights and democracy in the Mari Republic (Mari El) of the Russian Federation (B6-0316/2005).

III.   HUMAN RIGHTS IN BURMA/MYANMAR

| — | Pasqualina Napoletano and Glenys Kinnock, on behalf of the PSE Group, on Burma (B6-0284/2005), |
| --- | --- |

—

Pasqualina Napoletano and Glenys Kinnock, on behalf of the PSE Group, on Burma (B6-0284/2005),

| — | Vittorio Agnoletto and Jonas Sjöstedt, on behalf of the GUE/NGL Group, on the alleged use of chemical weapons by the Burmese Government against the national minorities (B6-0287/2005), |
| --- | --- |

—

Vittorio Agnoletto and Jonas Sjöstedt, on behalf of the GUE/NGL Group, on the alleged use of chemical weapons by the Burmese Government against the national minorities (B6-0287/2005),

| — | Frithjof Schmidt and Hélène Flautre, on behalf of the Verts/ALE Group, on Burma (B6-0289/2005), |
| --- | --- |

—

Frithjof Schmidt and Hélène Flautre, on behalf of the Verts/ALE Group, on Burma (B6-0289/2005),

| — | Johan Van Hecke, on behalf of the ALDE Group, on the human rights situation in Myanmar (B6-0293/2005), |
| --- | --- |

—

Johan Van Hecke, on behalf of the ALDE Group, on the human rights situation in Myanmar (B6-0293/2005),

| — | Bernd Posselt and Charles Tannock, on behalf of the PPE-DE Group, on human rights in Burma (B6-0313/2005), |
| --- | --- |

—

Bernd Posselt and Charles Tannock, on behalf of the PPE-DE Group, on human rights in Burma (B6-0313/2005),

| — | Gintaras Didžiokas, on behalf of the UEN Group, on the situation in Burma/Myanmar (B6-0315/2005). |
| --- | --- |

—

Gintaras Didžiokas, on behalf of the UEN Group, on the situation in Burma/Myanmar (B6-0315/2005).

Speaking time would be allocated in accordance with Rule 142.

4.   Financing the trans-European transport network (debate)

(debate)

Oral question by Paolo Costa, on behalf of the TRAN Committee, to the Council Financing TEN-T (B6-0238/2005)

Oral question by Paolo Costa, on behalf of the TRAN Committee, to the Commission: Financing TEN-T (B6-0239/2005)

Paolo Costa moved oral questions (B6-0238/2005) and (B6-0239/2005).

Nicolas Schmit (President-in-Office of the Council) and Jacques Barrot (Vice-President of the Commission) answered the questions.

The following spoke: Luis de Grandes Pascual, on behalf of the PPE-DE Group, Willi Piecyk, on behalf of the PSE Group, Michael Cramer, on behalf of the Verts/ALE Group, Seán Ó Neachtain, on behalf of the UEN Group, Stanisław Jałowiecki, Inés Ayala Sender, Adam Jerzy Bielan, Nicolas Schmit and Jacques Barrot.

The debate closed.

5.   Port security ***I (debate)

(debate)

Report on the amended proposal for a directive of the European Parliament and of the Council on enhancing port security (COM(2004)0393 — C6-0072/2004 — 2004/0031 (COD)) — Committee on Transport and Tourism.

Rapporteur: Jeanine Hennis-Plasschaert (A6-0031/2005)

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

Jeanine Hennis-Plasschaert introduced the report.

IN THE CHAIR: Dagmar ROTH-BEHRENDT

Vice-President

The following spoke: Giles Chichester (draftsman of the opinion of the ITRE Committee), Romano Maria La Russa (draftsman of the opinion of the LIBE Committee), Philip Bradbourn, on behalf of the PPE-DE Group, Marta Vincenzi, on behalf of the PSE Group, Sylwester Chruszcz, on behalf of the IND/DEM Group, Philip Claeys, Non-attached Member, Willi Piecyk, Johannes Blokland, Bogusław Liberadzki, Georgios Karatzaferis, Nikolaos Sifunakis and Jacques Barrot.

The debate closed.

Vote: Minutes of 10.05.2005, Item 9.4

Minutes of 10.05.2005, Item 9.4

6.   Organisation of working time ***I (debate)

(debate)

Report on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/88/EC concerning certain aspects of the organisation of working time (COM(2004)0607 — C6-0122/2004 — 2004/0209(COD)) — Committee on Employment and Social Affairs.

Rapporteur: Alejandro Cercas (A6-0105/2005)

Vladimír Špidla (Member of the Commission) spoke.

Alejandro Cercas introduced the report.

The following spoke: Nils Lundgren (draftsman of the opinion of the ITRE Committee), Věra Flasarová (draftsman of the opinion of the FEMM Committee), José Albino Silva Peneda, on behalf of the PPE-DE Group, Stephen Hughes, on behalf of the PSE Group, Bernard Lehideux, on behalf of the ALDE Group, Jean Lambert, on behalf of the Verts/ALE Group, Dimitrios Papadimoulis, on behalf of the GUE/NGL Group, Derek Roland Clark, on behalf of the IND/DEM Group, Mogens N.J. Camre, on behalf of the UEN Group, Jan Tadeusz Masiel, Non-attached Member, Ria Oomen-Ruijten, Jan Andersson, Luigi Cocilovo, Elisabeth Schroedter, Ilda Figueiredo, Thomas Mann, Karin Jöns, Danutė Budreikaitė, Claude Turmes, Jacky Henin, Philip Bushill-Matthews, Pier Antonio Panzeri, Chris Davies, Anna Ibrisagic, Jean Louis Cottigny Herbert Reul, Anne Van Lancker, Marie Panayotopoulos-Cassiotou, Richard Falbr, Simon Busuttil, Ole Christensen, Anja Weisgerber, Magda Kósáné Kovács and Vladimír Špidla.

The debate closed.

Vote: Minutes of 11.05.2005, Item 5.6

Minutes of 11.05.2005, Item 5.6

Chris Davies spoke on the organisation of the debates.

IN THE CHAIR: Antonios TRAKATELLIS

Vice-President

7.   Voting time

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

7.1.   EC-Albania Framework Agreement/EC-Bosnia and Herzegovina Framework Agreement/EC-Croatia Framework Agreement/EC-Former Yugoslav Republic of Macedonia Framework Agreement/EC-Serbia and Montenegro Framework Agreement *** (Rule 131) (vote)

(Rule 131) (vote)

Recommendation on the proposal for a Council decision concerning the conclusion of

| 1. | A Framework Agreement between the European Community and the Republic of Albania on the general principles for the participation of the Republic of Albania in Community programmes
  [5532/2005 — COM(2004)0809 — C6-0039/2005 — 2004/0276(AVC) |
| --- | --- |

1.

A Framework Agreement between the European Community and the Republic of Albania on the general principles for the participation of the Republic of Albania in Community programmes

[5532/2005 — COM(2004)0809 — C6-0039/2005 — 2004/0276(AVC)

| 2. | A Framework Agreement between the European Community and Bosnia and Herzegovina on the general principles for the participation of Bosnia and Herzegovina in Community programmes
  [5532/2005 — COM(2004)0809 — C6-0040/2005 — 2004/0277(AVC)] |
| --- | --- |

2.

A Framework Agreement between the European Community and Bosnia and Herzegovina on the general principles for the participation of Bosnia and Herzegovina in Community programmes

[5532/2005 — COM(2004)0809 — C6-0040/2005 — 2004/0277(AVC)]

| 3. | A Framework Agreement between the European Community and Croatia on the general principles for the participation of Croatia in Community programmes
  [5532/2005 — COM(2004)0809 — C6-0041/2005 — 2004/0278(AVC)] |
| --- | --- |

3.

A Framework Agreement between the European Community and Croatia on the general principles for the participation of Croatia in Community programmes

[5532/2005 — COM(2004)0809 — C6-0041/2005 — 2004/0278(AVC)]

| 4. | A Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, on a Framework Agreement between the European Community and the former Yugoslav Republic of Macedonia on the general principles for the participation of the former Yugoslav Republic of Macedonia in Community programmes
  [5532/2005 — COM(2004)0809 — C6-0042/2005 — 2004/0279(AVC)] |
| --- | --- |

4.

A Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, on a Framework Agreement between the European Community and the former Yugoslav Republic of Macedonia on the general principles for the participation of the former Yugoslav Republic of Macedonia in Community programmes

[5532/2005 — COM(2004)0809 — C6-0042/2005 — 2004/0279(AVC)]

| 5. | A Framework Agreement between the European Community and and Serbia and Montenegro on the general principles for the participation of Serbia and Montenegro in Community programmes
  [5532/2005 — COM(2004)0809 — C6-0043/2005 — 2004/0280(AVC)] — Committee on Foreign Affairs. |
| --- | --- |

5.

A Framework Agreement between the European Community and and Serbia and Montenegro on the general principles for the participation of Serbia and Montenegro in Community programmes

[5532/2005 — COM(2004)0809 — C6-0043/2005 — 2004/0280(AVC)] — Committee on Foreign Affairs.

Rapporteur: Elmar Brok (A6-0122/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 1)

(Voting record: Annex I, Item 1)

| 1. | Republic of Albania
  DRAFT LEGISLATIVE RESOLUTION |
| --- | --- |

1.

Republic of Albania

DRAFT LEGISLATIVE RESOLUTION

| 2. | Bosnia and Herzegovina
  DRAFT LEGISLATIVE RESOLUTION |
| --- | --- |

2.

Bosnia and Herzegovina

DRAFT LEGISLATIVE RESOLUTION

| 3. | Republic of Croatia
  DRAFT LEGISLATIVE RESOLUTION |
| --- | --- |

3.

Republic of Croatia

DRAFT LEGISLATIVE RESOLUTION

| 4. | FYROM
  DRAFT LEGISLATIVE RESOLUTION |
| --- | --- |

4.

FYROM

DRAFT LEGISLATIVE RESOLUTION

| 5. | Serbia and Montenegro
  DRAFT LEGISLATIVE RESOLUTION |
| --- | --- |

5.

Serbia and Montenegro

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2005)0155, P6_TA(2005)0156, P6_TA(2005)0157, P6_TA(2005)0158 and P6_TA(2005)0159)

(P6_TA(2005)0155, P6_TA(2005)0156, P6_TA(2005)0157, P6_TA(2005)0158 and P6_TA(2005)0159)

Parliament thereby gave its assent.

7.2.   Community statistics on income and living conditions (EU-SILC) ***I (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1177/2003 concerning Community statistics on income and living conditions (EU-SILC) (COM(2005)0028 — C6-0034/2005 — 2005/0004(COD)) — Committee on Employment and Social Affairs.

Rapporteur: Ottaviano Del Turco (A6-0107/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 2)

(Voting record: Annex I, Item 2)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2005)0160)

(P6_TA(2005)0160)

7.3.   International Convention for the Protection of New Varieties of Plants * (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a Council decision approving the accession of the European Community to the International Convention for the Protection of New Varieties of Plants, as revised at Geneva on 19 March 1991 (COM(2004)0798 — C6-0010/2005 — 2004/0275(CNS)) — Committee on Agriculture and Rural Development.

Rapporteur: Joseph Daul (A6-0052/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 3)

(Voting record: Annex I, Item 3)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2005)0161)

(P6_TA(2005)0161)

7.4.   Transmissible spongiform encephalopathies ***I (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (COM(2004)0775 — C6-0223/2004 — 2004/0270(COD)) — Committee on the Environment, Public Health and Food Safety.

Rapporteur: Dagmar Roth-Behrendt (A6-0098/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 4)

(Voting record: Annex I, Item 4)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2005)0162)

(P6_TA(2005)0162)

7.5.   EC-Switzerland Agreement concerning participation in the European Environment Agency and the European Environment Information and Observation Network * (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a Council decision on the conclusion, on behalf of the European Community, of the Agreement between the European Community and the Swiss Confederation concerning the latter's participation in the European Environment Agency and the European Environment Information and Observation Network (COM(2004)0658 — C6-0173/2004 — 2004/0233(CNS)) — Committee on the Environment, Public Health and Food Safety.

Rapporteur: Karl-Heinz Florenz (A6-0088/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 5)

(Voting record: Annex I, Item 5)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2005)0163)

(P6_TA(2005)0163)

7.6.   Value added tax * (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a Council directive on the common system of value added tax (recast) (COM (2004)0246 — C6-0009/2004 — 2004/0079(CNS)) — Committee on Economic and Monetary Affairs.

Rapporteur: Ian Hudghton (A6-0097/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 6)

(Voting record: Annex I, Item 6)

DRAFT LEGISLATIVE RESOLUTION

Ian Hudghton (rapporteur) made a statement pursuant to Rule 131(4).

Adopted by single vote (P6_TA(2005)0164)

(P6_TA(2005)0164)

7.7.   Market support measures * (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a Council regulation amending Regulations (EEC) No 2759/75, (EEC) No 2771/75, (EEC) No 2777/75, (EC) No 1254/1999, (EC) No 1255/1999 and (EC) No 2529/2001 as regards exceptional market support measures (COM(2004)0712 — C6-0220/2004 — 2004/0254(CNS)) — Committee on Agriculture and Rural Development.

Rapporteur: Niels Busk (A6-0126/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 7)

(Voting record: Annex I, Item 7)

DRAFT LEGISLATIVE RESOLUTION

Rejected by single vote

Louis Michel (Member of the Commission) spoke.

Pursuant to Rule 52(3), the matter was referred back to the committee responsible.

IN THE CHAIR: Josep BORRELL FONTELLES

President

8.   Formal sitting — Afghanistan

From 12.00 to 12.30, a formal sitting of Parliament was held on the occasion of the visit of Mr Hamid Karzai, President of the Islamic Republic of Afghanistan.

IN THE CHAIR: Antonios TRAKATELLIS

Vice-President

The following spoke: Nicola Zingaretti, who objected to the fact that flags were being displayed in the Chamber, Alexander Radwan, who thanked the Afghan President for his address, Mario Borghezio, on Nicola Zingaretti's remarks (the President said that the Bureau would look into the matter).

9.   Voting time (continuation)

(continuation)

9.1.   Quality of bathing water ***II (vote)

(vote)

Recommendation for second reading on the common position adopted by the Council with a view to the adoption of a directive of the European Parliament and of the Council concerning the management of bathing water quality and repealing Directive 76/160/EEC (12884/1/2004 — C6-0006/2005 — 2002/0254(COD)) — Committee on the Environment, Public Health and Food Safety.

Rapporteur: Jules Maaten (A6-0102/2005)

(Qualified majority)

(Qualified majority)

(Voting record: Annex I, Item 8)

(Voting record: Annex I, Item 8)

COMMON POSITION OF THE COUNCIL

Declared approved as amended (P6_TA(2005)0165)

(P6_TA(2005)0165)

9.2.   Cross-border mergers ***I (vote)

(vote)

Report on the proposal for a directive of the European Parliament and of the Council on cross-border mergers of companies with share capital (COM(2003)0703 — C5-0561/2003 — 2003/0277(COD)) — Committee on Legal Affairs.

Rapporteur: Klaus-Heiner Lehne (A6-0089/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 9)

(Voting record: Annex I, Item 9)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2005)0166)

(P6_TA(2005)0166)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2005)0166)

(P6_TA(2005)0166)

9.3.   Film heritage and related industrial activities ***I (vote)

(vote)

Report on the proposal for a recommendation of the European Parliament and of the Council on film heritage and the competitiveness of related industrial activities (COM(2004)0171 — C5-0133/2004 — 2004/0066(COD)) — Committee on Culture and Education.

Rapporteur: Gyula Hegyi (A6-0101/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 10)

(Voting record: Annex I, Item 10)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2005)0167)

(P6_TA(2005)0167)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2005)0167)

(P6_TA(2005)0167)

The following spoke:

The following spoke:

| — | Gyula Hegyi (rapporteur), who moved an oral amendment to Amendment 59, which was incorporated. |
| --- | --- |

—

Gyula Hegyi (rapporteur), who moved an oral amendment to Amendment 59, which was incorporated.

9.4.   Port security ***I (vote)

(vote)

Report on the amended proposal for a directive of the European Parliament and of the Council on enhancing port security (COM(2004)0393 — C6-0072/2004 — 2004/0031 (COD)) — Committee on Transport and Tourism.

Rapporteur: Jeanine Hennis-Plasschaert (A6-0031/2005)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 11)

(Voting record: Annex I, Item 11)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2005)0168)

(P6_TA(2005)0168)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2005)0168)

(P6_TA(2005)0168)

The following spoke on the vote:

The following spoke on the vote:

| — | Romano Maria La Russa, who withdrew Amendment 10. |
| --- | --- |

—

Romano Maria La Russa, who withdrew Amendment 10.

9.5.   Justice for the McCartney Family (vote)

(vote)

Motions for resolution B6-0279/2005 and B6-0281/2005

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 12)

(Voting record: Annex I, Item 12)

MOTION FOR A RESOLUTION B6-0279/2005

Rejected

MOTION FOR A RESOLUTION B6-0281/2005

Adopted (P6_TA(2005)0169)

(P6_TA(2005)0169)

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.

11.   Corrections to votes

Corrections to votes were submitted by the following Members:

Report: Maaten — A6-0102/2005

| — | amendment 42

  for: Elisa Ferreira |
| --- | --- |

—

amendment 42

for: Elisa Ferreira

for:

| — | amendment 44

  for: Pervenche Berès |
| --- | --- |

—

amendment 44

for: Pervenche Berès

for:

| — | amendment 35, first part and second part

  against: Inger Segelström, Åsa Westlund, Ewa Hedkvist Petersen, Jan Andersson |
| --- | --- |

—

amendment 35, first part and second part

against: Inger Segelström, Åsa Westlund, Ewa Hedkvist Petersen, Jan Andersson

against:

| — | amendment 45, 53, 46 and 54

  for: Marie-Arlette Carlotti |
| --- | --- |

—

amendment 45, 53, 46 and 54

for: Marie-Arlette Carlotti

for:

*

- *

Dagmar Roth-Behrendt had informed the Chair that she had wanted to vote for the Florenz report (A6-0088/2005) and the Daul report (A6-0052/2005).

(The sitting was suspended at 13.00 and resumed at 15.00.)

IN THE CHAIR: Manuel António dos SANTOS

Vice-President

12.   Approval of Minutes of previous sitting

Mario Mantovani had informed the Presidency that he had been present at the sitting of 09.05.2005, but that his name was not on the attendance register.

The Minutes of the previous sitting were approved.

13.   Action taken on Parliament's resolutions

The Commission communication on the action taken on non-legislative resolutions adopted by Parliament during the January 2005 part-session had been distributed.

14.   Climate change (debate)

(debate)

Oral question by Karl-Heinz Florenz, on behalf of the ENVI Committee, to the Council: Council's strategy for the Seminar of Governmental Experts on Climate Change (B6-0234/2005)

Oral question by Karl-Heinz Florenz, on behalf of the ENVI Committee, to the Commission: Commission's strategy for the Seminar of Governmental Experts on Climate Change (B6-0235/2005)

Karl-Heinz Florenz moved the oral questions (B6-0234/2005 and B6-0235/2005).

Nicolas Schmit (President-in-Office of the Council) answered question (B6-0234/2005).

Stavros Dimas (Member of the Commission) answered question (B6-0235/2005).

The following spoke: Anders Wijkman, on behalf of the PPE-DE Group, Dorette Corbey, on behalf of the PSE Group, Vittorio Prodi, on behalf of the ALDE Group, Satu Hassi, on behalf of the Verts/ALE Group, Kartika Tamara Liotard, on behalf of the GUE/NGL Group, Hélène Goudin, on behalf of the IND/DEM Group, Luca Romagnoli, Non-attached Member, Antonios Trakatellis, Åsa Westlund, Jonas Sjöstedt, Eija-Riitta Korhola, Nicolas Schmit and Stavros Dimas.

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

| — | Anders Wijkman, on behalf of the ENVI Committee, on the Seminar of Governmental Experts on Climate Change (B6-0278/2005). |
| --- | --- |

—

Anders Wijkman, on behalf of the ENVI Committee, on the Seminar of Governmental Experts on Climate Change (B6-0278/2005).

The debate closed.

Vote: Minutes of 12.05.2005, Item 5.2

Minutes of 12.05.2005, Item 5.2

15.   Small arms (UN prepcom) (debate)

(debate)

Council and Commission statements: Small arms (UN prepcom): With a view to the next UN conference in July 2005

Nicolas Schmit (President-in-Office of the Council) made the statement.

IN THE CHAIR: Miroslav OUZKÝ

Vice-President

Louis Michel (Member of the Commission) made the statement.

The following spoke: Karl von Wogau, on behalf of the PPE-DE Group, Richard Howitt, on behalf of the PSE Group, Raül Romeva i Rueda, on behalf of the Verts/ALE Group, Vittorio Agnoletto, on behalf of the GUE/NGL Group, Willy Meyer Pleite, Bart Staes, Nicolas Schmit and Louis Michel.

The debate closed.

Vote: Minutes of 26.05.2005, Item 8.18

Minutes of 26.05.2005, Item 8.18

16.   Appointment to the ECB Executive Board (debate)

(debate)

Report on the Council's recommendation on the appointment of Lorenzo Bini Smaghi as Executive Board Member of the European Central Bank (6289/2005 — C6-0054/2005 — 2005/0802(CNS)) — Committee on Economic and Monetary Affairs.

Rapporteur: Pervenche Berès (A6-0094/2005)

Pervenche Berès introduced the report.

Joaquín Almunia (Member of the Commission) spoke.

The following spoke: Othmar Karas, on behalf of the PPE-DE Group, Manuel António dos Santos, on behalf of the PSE Group, Luca Romagnoli, Non-attached Member, Piia-Noora Kauppi, Ashley Mote and Joaquín Almunia.

The debate closed.

Vote: Minutes of 11.05.2005, Item 5.2

Minutes of 11.05.2005, Item 5.2

17.   Action Plan on the The Hague programme ‘Freedom, security and justice in the European Union’(debate)

(debate)

Commission communication: Action Plan on the The Hague programme ‘Freedom, security and justice in the European Union’

Franco Frattini (Vice-President of the Commission) made the communication.

The following put questions that Franco Frattini answered in groups of three: Martine Roure, Cem Özdemir, Sophia in 't Veld, Giusto Catania, Sarah Ludford and Mihael Brejc.

The debate closed.

IN THE CHAIR: Sylvia-Yvonne KAUFMANN

Vice-President

18.   Question Time (Commission)

(Commission)

Parliament considered a number of questions to the Commission (B6-0236/2005).

First part

Question 29 (Eoin Ryan): Textiles imports.

Charlie McCreevy (Member of the Commission) answered the question and supplementaries by Eoin Ryan, Paul Rübig and Georgios Papastamkos.

Question 30 (Robert Evans): Protection for air passengers in case of insolvency.

Charlie McCreevy answered the question and supplementaries by Robert Evans and Paul Rübig.

Question 31 (Giorgos Dimitrakopoulos): Primary shareholder law.

Charlie McCreevy answered the question.

Nirj Deva spoke on the Commission's answer (the President cut him off).

Charlie McCreevy answered supplementaries by Giorgos Dimitrakopoulos and Georgios Karatzaferis.

Second part

Question 32 (Bart Staes): Getting the message across about the European Union.

Margot Wallström (Vice-President of the Commission) answered the question and supplementaries by Bart Staes, David Martin and Josu Ortuondo Larrea.

Question 33 (Bernd Posselt): The Commission's public relations activities.

Margot Wallström answered the question and a supplementary by Bernd Posselt.

Question 34 (Gay Mitchell): Provision of information on the EU Constitution.

Margot Wallström answered the question and supplementaries by Gay Mitchell, David Martin and James Hugh Allister.

Question 35 (Hélène Goudin): The EU's information and communication strategy.

Margot Wallström answered the question and supplementaries by Hélène Goudin, Gay Mitchell and Nils Lundgren.

Question 36 would receive a written answer.

Question 37 (Georgios Karatzaferis): Conversion of the former Hellinikon Airport into a park for the capital.

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

Question 38 (Markus Pieper): Reform of European regional policy.

Danuta Hübner answered the question and a supplementary by Markus Pieper.

Question 39 (Mairead McGuinness): ‘Natural effect’ regions and the Convergence strand.

Danuta Hübner answered the question and a supplementary by Mairead McGuinness.

Question 40 (Dimitrios Papadimoulis): Review of the third CSF.

Danuta Hübner answered the question and supplementaries by Dimitrios Papadimoulis and Panagiotis Beglitis.

Question 41 (David Martin): MG Rover.

Danuta Hübner answered the question and supplementaries by David Martin and Malcolm Harbour.

Questions 42 to 46 would receive written answers.

Question 47 (John Bowis): Patient information.

Margot Wallström (Vice-President of the Commission) answered the question and a supplementary by John Bowis.

Question 48 (Othmar Karas): Commission's SMU strategy.

Margot Wallström answered the question and supplementaries by Othmar Karas and Malcolm Harbour.

Othmar Karas spoke.

Questions 49 to 85 would receive written answers. Questions which had not been answered for lack of time would receive written answers.

Commission Question Time closed.

(The sitting was suspended at 19.20 and resumed at 21.00.)

(The sitting was suspended at 19.20 and resumed at 21.00.)

IN THE CHAIR: Jacek Emil SARYUSZ-WOLSKI

Vice-President

19.   Recognition of professional qualifications ***II (debate)

(debate)

Recommendation for second reading on the common position adopted by the Council with a view to the adoption of a directive of the European Parliament and of the Council on the recognition of professional qualifications (13781/2/2004 — C6-0008/2005 — 2002/0061 (COD)) — Committee on the Internal Market and Consumer Protection.

Rapporteur: Stefano Zappalà (A6-0119/2005)

Stefano Zappalà introduced the recommendation for second reading.

Charlie McCreevy (Member of the Commission) spoke.

The following spoke: Marianne Thyssen, on behalf of the PPE-DE Group, Barbara Weiler, on behalf of the PSE Group, Alexander Lambsdorff, on behalf of the ALDE Group, Heide Rühle, on behalf of the Verts/ALE Group, Adam Jerzy Bielan, on behalf of the UEN Group, Malcolm Harbour, Evelyne Gebhardt, Anneli Jäätteenmäki, Sepp Kusstatscher, Marcin Libicki, Zita Pleštinská, Phillip Whitehead, Toine Manders, Othmar Karas, Mia De Vits and Charlie McCreevy.

The debate closed.

Vote: Minutes of 11.05.2005, Item 5.4

Minutes of 11.05.2005, Item 5.4

20.   Common market organisation in fruit and vegetables (debate)

(debate)

Report on the simplification of the common organisation of the market in fruit and vegetables (2004/2193 (INI)) — Committee on Agriculture and Rural Development.

Rapporteur: María Esther Herranz García (A6-0121/2005)

María Esther Herranz García introduced the report.

Mariann Fischer Boel (Member of the Commission) spoke.

The following spoke: Albert Jan Maat, on behalf of the PPE-DE Group, María Isabel Salinas García, on behalf of the PSE Group, Diamanto Manolakou, on behalf of the GUE/NGL Group, Filip Adwent, on behalf of the IND/DEM Group, Jan Tadeusz Masiel, Non-attached Member, Zdzisław Zbigniew Podkański, Katerina Batzeli, Jeffrey Titford, María del Pilar Ayuso González, Csaba Sándor Tabajdi, Witold Tomczak, Armando Dionisi, Béatrice Patrie, Christa Klaß, Czesław Adam Siekierski, Janusz Wojciechowski and Mariann Fischer Boel.

The debate closed.

Vote: Minutes of 11.05.2005, Item 5.5

Minutes of 11.05.2005, Item 5.5

21.   Potato starch quotas * (debate)

(debate)

Report on the proposal for a Council regulation amending Regulation (EC) No 1868/94 establishing a quota system in relation to the production of potato starch (COM(2004)0772 — C6-0014/2005 — 2004/0269 (CNS)) — Committee on Agriculture and Rural Development.

Rapporteur: Janusz Wojciechowski (A6-0096/2005).

Mariann Fischer Boel (Member of the Commission) spoke.

Janusz Wojciechowski introduced the report.

The following spoke: Laima Liucija Andrikienė, on behalf of the PPE-DE Group, Bogdan Golik, on behalf of the PSE Group, Gintaras Didžiokas, on behalf of the UEN Group, Peter Baco, Non-attached Member, Czesław Adam Siekierski, Zbigniew Krzysztof Kuźmiuk and Mariann Fischer Boel.

The debate closed.

Vote: Minutes of 11.05.2005, Item 5.3

Minutes of 11.05.2005, Item 5.3

22.   Situation in Sudan (debate)

(debate)

Oral question by Lapo Pistelli, on behalf of the ALDE, to the Commission: The situation in Sudan (B6-0231/2005)

Lapo Pistelli moved the oral question.

Mariann Fischer Boel (Member of the Commission) answered the oral question.

The following spoke: Michael Gahler, on behalf of the PPE-DE Group, Glenys Kinnock, on behalf of the PSE Group, Luisa Morgantini, on behalf of the GUE/NGL Group, Kathy Sinnott, on behalf of the IND/DEM Group, Ryszard Czarnecki, Non-attached Member, Charles Tannock, Karin Scheele, Hélène Goudin, Ursula Stenzel and Mariann Fischer Boel.

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

| — | Miguel Angel Martínez Martínez, Marie-Arlette Carlotti and Glenys Kinnock, on behalf of the PSE Group, on the situation in Sudan (B6-0300/2005) |
| --- | --- |

—

Miguel Angel Martínez Martínez, Marie-Arlette Carlotti and Glenys Kinnock, on behalf of the PSE Group, on the situation in Sudan (B6-0300/2005)

| — | Frithjof Schmidt, Marie-Hélène Aubert and Margrete Auken, on behalf of the Verts/ALE Group, on the situation in Sudan (B6-0301/2005) |
| --- | --- |

—

Frithjof Schmidt, Marie-Hélène Aubert and Margrete Auken, on behalf of the Verts/ALE Group, on the situation in Sudan (B6-0301/2005)

| — | Luisa Morgantini, Adamos Adamou, Marco Rizzo and Gabriele Zimmer, on behalf of the GUE/NGL Group, on the situation in Sudan (B6-0302/2005); |
| --- | --- |

—

Luisa Morgantini, Adamos Adamou, Marco Rizzo and Gabriele Zimmer, on behalf of the GUE/NGL Group, on the situation in Sudan (B6-0302/2005);

| — | Michael Gahler, Mario Mauro, Nirj Deva, Maria Martens and Charles Tannock, on behalf of the PPE-DE Group, on the situation in Sudan (B6-0303/2005); |
| --- | --- |

—

Michael Gahler, Mario Mauro, Nirj Deva, Maria Martens and Charles Tannock, on behalf of the PPE-DE Group, on the situation in Sudan (B6-0303/2005);

| — | Michał Tomasz Kamiński and Anna Elzbieta Fotyga, on behalf of the UEN Group, on the situation in Sudan (B6-0304/2005); |
| --- | --- |

—

Michał Tomasz Kamiński and Anna Elzbieta Fotyga, on behalf of the UEN Group, on the situation in Sudan (B6-0304/2005);

| — | Johan Van Hecke, Fiona Hall and Lapo Pistelli, on behalf of the ALDE Group on the situation in Sudan (B6-0305/2005). |
| --- | --- |

—

Johan Van Hecke, Fiona Hall and Lapo Pistelli, on behalf of the ALDE Group on the situation in Sudan (B6-0305/2005).

The debate closed.

Vote: Minutes of 12.05.2005, Item 5.3

Minutes of 12.05.2005, Item 5.3

23.   Agenda for next sitting

The agenda for the next sitting had been established (‘Agenda’ PE 357.268/OJME).

24.   Closure of sitting

The sitting closed at 23.55.

Julian Priestley

Secretary-General

Josep Borrell Fontelles

President

---

ATTENDANCE REGISTER

The following signed:

Adamou, Adwent, Agnoletto, Albertini, Allister, Alvaro, Andersson, Andrejevs, Andria, Andrikienė, Angelilli, Antoniozzi, Arnaoutakis, Ashworth, Atkins, Attard-Montalto, Attwooll, Aubert, Auken, Ayala Sender, Aylward, Ayuso González, Bachelot-Narquin, Baco, Badía i Cutchet, Batten, Battilocchio, Batzeli, Bauer, Beaupuy, Beazley Beer, Beglitis, Belder, Belet, Belohorská, Bennahmias, Beňová, Berend, Berès, van den Berg, Berger, Berlato, Berlinguer, Berman, Bertinotti, Bielan, Birutis, Blokland, Bobošíková, Böge, Bösch, Bonde, Bonino, Bono, Borrell Fontelles, Bourlanges, Bourzai, Bowis, Bozkurt, Bradbourn, Mihael Brejc, Brepoels, Breyer, Březina, Brie, Brok, Brúnetta, Budreikaitė, van Buitenen, Buitenweg, Bullmann, van den Burg, Bushill-Matthews, Busk, Busquin, Busuttil, Buzek, Cabrnoch, Calabuig Rull, Callanan, Camre, Capoulas Santos, Carlotti, Carnero GonzálezGonzález, Casa, Casaca, Cashman, Caspary Castex, del Castillo Vera, Catania, Cederschiöld, Cercas, Cesa, Chatzimarkakis, Chichester, Chiesa, Chmielewski, Christensen, Chruszcz, Cirino Pomicino, Claeys, Clark, Cocilovo, Coelho, Cohn-Bendit, Corbett, Corbey, Cornillet, Correia, Costa, Cottigny Coûteaux, Coveney Cramer, Crowley, Marek Aleksander Czarnecki, Ryszard Czarnecki, Daul, Davies, de Brún, Degutis, Dehaene, Demetriou, De Michelis, Deprez, De Rossa, De Sarnez, Descamps, Désir, Deß, Deva, De Veyrac, De Vits, Díaz de Mera García Consuegra, Didžiokas, Díez González, Dillen, Dimitrakopoulos, Dionisi, Di Pietro, Dobolyi, Dombrovskis, Doorn, Douay Dover, Doyle, Drčar Murko, Duchoň, Dührkop Dührkop, Duff, Duin, Duka-Zólyomi, Duquesne, Ebner, El Khadraoui, Elles, Esteves, Estrela, Ettl, Eurlings, Jonathan Evans, Robert Evans, Fajmon, Falbr, Farage, Fatuzzo, Fava, Fazakas, Ferber, Fernandes, Fernández Martín, Anne Ferreira, Elisa Ferreira, Figueiredo, Fjellner, Flasarová, Flautre, Florenz, Fontaine, Ford, Fotyga, Fourtou, Fraga Estévez, Frassoni, Freitas, Friedrich, Fruteau, Gahler, Gál, Gaľa, Galeote Quecedo, García-Margallo y Marfil, García Pérez, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gebhardt, Gentvilas, Geremek, Geringer de Oedenberg, Gibault, Gierek, Giertych, Gill, Gklavakis, Glante, Glattfelder, Goebbels, Goepel, Golik, Gollnisch, Gomolka, Goudin, Genowefa Grabowska, Grabowski, Graça Moura, Graefe zu Baringdorf Gräßle, de Grandes Pascual, Grech, Griesbeck, Gröner, de Groen-Kouwenhoven, Grosch, Grossetête, Gruber, Guardans Cambó, Guellec, Guerreiro, Guidoni, Gurmai, Gutiérrez-Cortines, Guy-Quint, Gyürk, Hänsch, Hall, Hammerstein Mintz, Hamon, Handzlik, Hannan, Harbour, Harkin, Harms, Hasse Ferreira, Hassi, Hatzidakis, Haug, Hazan, Heaton-Harris, Hedh, Hedkvist Petersen, Hegyi, Helmer, Henin, Hennicot-Schoepges, Hennis-Plasschaert, Herczog, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Honeyball, Hoppenstedt, Horácek, Hortefeux, Howitt, Hudacký, Hudghton, Hughes, Hutchinson, Ibrisagic, Ilves, in 't Veld, Isler Béguin, Itälä, Iturgaiz Angulo, Jackson, Jäätteenmäki, Jałowiecki, Janowski, Jarzembowski, Jeggle, Jensen, Jöns, Jørgensen, Jonckheer, Jordan Cizelj, Juknevičienė, Jelko Kacin, Kaczmarek, Kallenbach, Kamiński, Karas, Karatzaferis, Karim, Kasoulides, Kaufmann, Kauppi, Tunne Kelam, Kindermann, Kinnock, Kirkhope, Klamt, Klaß, Klich, Klinz, Knapman, Koch, Kohlícek, Konrad, Korhola, Kósáné Kovács, Koterec, Kozlík, Krahmer, Krarup, Krasts, Kratsa-Tsagaropoulou, Krehl, Kreissl-Dörfler, Kristensen, Kristovskis, Krupa, Kuc, Kudrycka, Kuhne, Kułakowski, Kuskis, Kusstatscher, Kuźmiuk, Lagendijk, Laignel, Lamassoure, Lambert, Lambrinidis, Lambsdorff Landsbergis, Lang, Langen, Langendries, Laperrouze, La Russa, Laschet, Lax, Lechner, Lehideux, Lehne, Lehtinen, Leichtfried, Leinen, Marine Le Pen, Fernand Le Rachinel, Letta, Janusz Lewandowski, Liberadzki, Libicki, Lichtenberger, Lienemann, Liese, Liotard, Lipietz, Locatelli, López-Istúriz White, Louis, Lucas, Ludford, Lulling, Lundgren, 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, Matsouka, Mavrommatis, Mayer, Mayor Oreja, Medina Ortega, Méndez de Vigo, Meyer Pleite, Miguélez Ramos, Mikko, Mikolásik, Millán Mon, Mitchell, Mölzer, Montoro Romero, Moraes, Moreno Sánchez, Morgan, Morgantini, Morillon, Mote, Mulder, Musacchio, Muscardini, Muscat, Mussolini, Myller, Napoletano, Nassauer, Nattrass, Navarro, Newton Dunn, Annemie Neyts-Uyttebroeck, Nicholson, Nicholson of Winterbourne, 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, Peillon, Pęk, Alojz Peterle, Pflüger, Piecyk, Pieper, Pīks, Pinheiro, Pinior, Piotrowski, Pirilli, Piskorski, Pistelli, 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, Jørgensen, Rizzo, Rogalski, Roithová, Romagnoli, Romeva i Rueda, Rosati, Roszkowski, Roth-Behrendt, Rothe, Rouček, Roure, Rudi Ubeda, Rübig, Rutowicz, Ryan, Saïfi, Sakalas, Salinas García, Samaras, Sánchez Presedo, dos Santos, Saryusz-Wolski, Savary Savi, Sbarbati, Schapira, Scheele, Schenardi, Schierhuber, Schlyter, Ingo Schmitt, Pál Schmitt, Schnellhardt, Schöpflin, Schröder, Schroedter, Schulz, Schuth, Schwab, Seeber, Seeberg, Segelström, Seppänen, Siekierski, Sifunakis, Silva Peneda, Sinnott, Siwiec, Sjöstedt, Skinner, Škottová, Smith, Sommer, Sonik, Sornosa Martínez, Spautz, Speroni, Staes, Staniszewska, Starkevičiūtė, St'astný, Stenzel, Sterckx, Stevenson, Stihler, Stockmann, Strejček, Strož, Stubb, Sturdy, Sudre, Sumberg, Surján, Svensson, Swoboda, Szájer, Szent-Iványi, Szymański, Tabajdi, Tajani, Takkula, Tannock, Tarabella, Tarand, Tatarella, Thomsen, Thyssen, Titford, Titley Toia, Tomczak, Toubon, Toussas, Trakatellis, Trautmann, Trüpel, Turmes, Tzampazi, Uca, Ulmer, Väyrynen, Vaidere, Vakalis, Vanhecke, Van Hecke, Van Lancker, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vaugrenard, Ventre, Verges, Vergnaud, Vernola, Vidal-Quadras Roca, Vincenzi, Virrankoski, Vlasák, Vlasto, 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, Yañez-Barnuevo García, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Ždanoka, Železný, Zieleniec, Zlle, Zimmer, Zingaretti, Zvefina, 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.   EC-Albania, Bosnia and Herzegovina, Croatia, Former Yugoslav Republic of Macedonia, Serbia and Montenegro Framework Agreements ***

Recommendation: Elmar BROK (A6-0122/2005)

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

Subject

RCV etc.

Vote

RCV/EV — remarks

single vote

+

2.   Community statistics on income and living conditions (EU-SILC) ***I

Report: Ottaviano DEL TURCO (A6-0107/2005)

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

Subject

RCV etc.

Vote

RCV/EV — remarks

single vote

+

3.   International Convention for the Protection of New Varieties of Plants *

Report: Joseph DAUL (A6-0052/2005)

| Subject | RCV etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | RCV | + | 568, 17, 8 |

Subject

RCV etc.

Vote

RCV/EV — remarks

single vote

RCV

+

568, 17, 8

Request for roll-call vote

PPE-DE: final vote

4.   Transmissible spongiform encephalopathies ***I

Report: Dagmar ROTH-BEHRENDT (A6-0098/2005)

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

Subject

RCV etc.

Vote

RCV/EV — remarks

single vote

+

5.   EC-Switzerland Agreement concerning participation in the European Environment Agency and the European Environment Information and Observation Network *

Report: Karl-Heinz FLORENZ (A6-0088/2005)

| Subject | RCV etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | RCV | + | 601, 4, 4 |

Subject

RCV etc.

Vote

RCV/EV — remarks

single vote

RCV

+

601, 4, 4

Request for roll-call vote

PPE-DE: final vote

6.   Value added tax *

Report: Ian HUDGHTON (A6-0097/2005)

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

Subject

RCV etc.

Vote

RCV/EV — remarks

single vote

+

7.   Market support measures *

Report: Niels BUSK (A6-0126/2005)

| Subject | RCV etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | EV | - | 272, 334, 14 |

Subject

RCV etc.

Vote

RCV/EV — remarks

single vote

EV

-

272, 334, 14

The proposal was rejected and the matter was referred back to the Committee on Agriculture and Rural Development under Rule 52(3).

8.   Quality of bathing water ***II

Recommendation for second reading: Jules MAATEN (A6-0102/2005)

| Subject | Amendment No | Author | RCV etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Amendments by the committee responsible — block vote | 2
  4
  6
  9-11
  13
  15
  17
  19-22
  24-26
  33
  34 | committee | | + | |
| Amendments by the committee responsible — separate vote | 1 | committee | sep | + | |
| 3 | committee | sep | + | |
| 7cp | committee | split | | |
| 1 | + | |
| 2 | - | |
| 14 | committee | RCV | + | 498, 109, 8 |
| 18 | committee | sep | - | |
| Deletion of the category ‘
  sufficient
  ’ — block vote | 5
  7cp
  8
  12
  28- 32
  47
  48
  49 | committee


  Verts/ALE
  Verts/ALE
  Verts/ALE | EV | - | 320, 291, 11 |
| art 1 | 39 | Verts/ALE | RCV | - | 262, 354, 11 |
| 40 | Verts/ALE | | - | |
| art 2, after point 7 | 41 | Verts/ALE | | - | |
| art 5, § 4 | 42 | Verts/ALE | RCV | - | 188, 415, 25 |
| art 12, § 1 | 43 | Verts/ALE | RCV | - | 251, 367, 11 |
| 16 | committee | | + | |
| art 14, before § 1 | 44 | Verts/ALE | RCV | - | 279, 340, 13 |
| art 14, § 1-3 | 35 | PSE | split | | |
| 1/RCV | - | 330, 296, 6 |
| 2/RCV | - | 238, 384, 9 |
| 23 | committee | | + | |
| art 17 | 36 | PPE-DE | | + | |
| annex 1 | 27 | committee | | - | |
| 45=
  53=
  46=
  54= | Verts/ALE
  ALDE
  Verts/ALE
  ALDE | RCV | - | 181, 436, 17 |
| 55 | ALDE | EV | + | 443, 172, 15 |
| annex 3 | 50 | Verts/ALE | | - | |
| 51 | Verts/ALE | | - | |
| after rec 8 | 37 | Verts/ALE | | - | |
| 38 | Verts/ALE | EV | - | 294, 325, 13 |

Subject

Amendment No

Author

RCV etc.

Vote

RCV/EV — remarks

Amendments by the committee responsible — block vote

2

4

6

9-11

13

15

17

19-22

24-26

33

34

committee

+

Amendments by the committee responsible — separate vote

1

committee

sep

+

3

committee

sep

+

7cp

committee

split

1

+

2

-

14

committee

RCV

+

498, 109, 8

18

committee

sep

-

Deletion of the category ‘
  sufficient
  ’ — block vote

5

7cp

8

12

28- 32

47

48

49

committee

Verts/ALE

Verts/ALE

Verts/ALE

EV

-

320, 291, 11

art 1

39

Verts/ALE

RCV

-

262, 354, 11

40

Verts/ALE

-

art 2, after point 7

41

Verts/ALE

-

art 5, § 4

42

Verts/ALE

RCV

-

188, 415, 25

art 12, § 1

43

Verts/ALE

RCV

-

251, 367, 11

16

committee

+

art 14, before § 1

44

Verts/ALE

RCV

-

279, 340, 13

art 14, § 1-3

35

PSE

split

1/RCV

-

330, 296, 6

2/RCV

-

238, 384, 9

23

committee

+

art 17

36

PPE-DE

+

annex 1

27

committee

-

45=

53=

46=

54=

Verts/ALE

ALDE

Verts/ALE

ALDE

RCV

-

181, 436, 17

55

ALDE

EV

+

443, 172, 15

annex 3

50

Verts/ALE

-

51

Verts/ALE

-

after rec 8

37

Verts/ALE

-

38

Verts/ALE

EV

-

294, 325, 13

Amendment 52 had been cancelled.

Requests for separate votes:

PSE: ams 1, 3 and 14

Requests for split votes

PSE

am 7

1st part: text as a whole without the words ‘and that the chemical water status ... 2000/60/EC’

2nd part: those words

ALDE

am 35

1st part: text as a whole without the words ‘including an extension ... recreational activities’

2nd part: those words

Requests for roll-call votes

IND/DEM: am 14

Verts/ALE: ams 35, 39, 42, 43, 44, 46/54

9.   Cross-border mergers ***I

Report: Klaus-Heiner LEHNE (A6-0089/2005)

| Subject | Amendment No | Author | RCV etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Amendments by the committee responsible — block vote | 1-17
  20-36
  38-39 | committee | | + | |
| Amendments by the committee responsible — separate vote | 37 | committee | split | | |
| 1 | + | |
| 2 | + | |
| 3 | + | |
| art 3, § 1 | 18 | committee | | - | |
| 40 | PPE-DE, PSE + ALDE | | + | |
| art 3, § 2 | 41 | PPE-DE, PSE + ALDE | | + | |
| 19 | committee | | ↓ | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Amendment No

Author

RCV etc.

Vote

RCV/EV — remarks

Amendments by the committee responsible — block vote

1-17

20-36

38-39

committee

+

Amendments by the committee responsible — separate vote

37

committee

split

1

+

2

+

3

+

art 3, § 1

18

committee

-

40

PPE-DE, PSE + ALDE

+

art 3, § 2

41

PPE-DE, PSE + ALDE

+

19

committee

↓

vote: amended proposal

+

vote: legislative resolution

+

Request for split votes:

GUE/NGL

am 37

1st part: text as a whole without the words ‘has an average number of employees ... in Article 4 exceeds 500 and’ and ‘However, for the purpose of this directive ... from 25 % to 33 1/3 %;’

2nd part:‘has an average number of employees ... exceeds 500 and’

3rd part:‘However, for the purpose of this directive ... from 25 % to 33 1/3 %;’

10.   Film heritage and related industrial activities ***I

Report: Gyula HEGYI (A6-0101/2005)

| Subject | Amendment No | Author | RCV etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Block No 1 | 16+29
  35
  39-41
  44-47
  51
  52
  55-82 | committee


  PSE, PPE-DE, ALDE | | + | oral amendment on Amendment 59 |
| Block No 2 | 1-15
  17-28
  30-34 | committee | | ↓ | |
| recitals | § | original text | | + | order of the recitals changed |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Amendment No

Author

RCV etc.

Vote

RCV/EV — remarks

Block No 1

16+29

35

39-41

44-47

51

52

55-82

committee

PSE, PPE-DE, ALDE

+

oral amendment on Amendment 59

Block No 2

1-15

17-28

30-34

committee

↓

recitals

§

original text

+

order of the recitals changed

vote: amended proposal

+

vote: legislative resolution

+

Amendments 36, 37, 38, 42, 43, 48, 49, 50, 53 and 54 were inadmissible under Rule 150(2). They had been converted into a request to change the order of the recitals (see below).

As part of the compromise package, the PSE, PPE-DE and ALDE Groups proposed changing the order of the recitals as follows:

| — | recital 13 to become recital 3, |
| --- | --- |

—

recital 13 to become recital 3,

| — | recital 14 to become recital 4, |
| --- | --- |

—

recital 14 to become recital 4,

| — | recital 5 to become recital 11, |
| --- | --- |

—

recital 5 to become recital 11,

| — | recital 7 to become recital 13, |
| --- | --- |

—

recital 7 to become recital 13,

| — | recital 8 to become recital 14, |
| --- | --- |

—

recital 8 to become recital 14,

| — | recital 10 to become recital 16, |
| --- | --- |

—

recital 10 to become recital 16,

| — | recital 11 to become recital 17, |
| --- | --- |

—

recital 11 to become recital 17,

| — | recital 12 to become recital 18, |
| --- | --- |

—

recital 12 to become recital 18,

| — | recital 17 to become recital 22, |
| --- | --- |

—

recital 17 to become recital 22,

| — | recital 18 to become recital 23. |
| --- | --- |

—

recital 18 to become recital 23.

Oral amendment by the rapporteur to Amendment 59: ‘... adopting, within two years of the adoption of this recommendation, legislative, administrative
  or other appropriate
  measures ...’

11.   Port security ***I

Report: Jeanine HENNIS-PLASSCHAERT (A6-0031/2005)

| Subject | Amendment No | Author | RCV etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Block No 1 | 13-47
  49-75 | ALDE, PPE-DE, PSE, Verts/ALE | | + | |
| Block No 2 | 1-9 | committee | | ↓ | |
| art 7, § 7 | 48 | ALDE, PPE-DE, PSE, Verts/ALE | | + | |
| 12 | UEN | | ↓ | |
| rec 8 | 10 | UEN | | W | |
| after rec 8 | 11 | UEN | | - | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Amendment No

Author

RCV etc.

Vote

RCV/EV — remarks

Block No 1

13-47

49-75

ALDE, PPE-DE, PSE, Verts/ALE

+

Block No 2

1-9

committee

↓

art 7, § 7

48

ALDE, PPE-DE, PSE, Verts/ALE

+

12

UEN

↓

rec 8

10

UEN

W

after rec 8

11

UEN

-

vote: amended proposal

+

vote: legislative resolution

+

12.   Justice for the McCartney Family

Motions for resolution: B6-0279/2005 and B6-0281/2005

| Subject | Amendment No | Author | RCV etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Motion for a resolution




  GUE/NGL




  B6-0279/2005 |
| vote: resolution (as a whole) | | - | |
| Motion for a resolution




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




  B6-0281/2005 |
| title | | original text | split | | |
| 1 | + | |
| 2 | + | |
| § 1 | 1 | Verts/ALE | | - | |
| § | original text | RCV | + | 581, 31, 9 |
| § 3 | § | original text | RCV | + | 578, 28, 13 |
| § 6 | § | original text | sep | + | |
| § 7 | § | original text | sep | + | |
| rec A | | original text | split | | |
| 1 | + | |
| 2 | + | |
| vote: resolution (as a whole) | RCV | + | 555, 4, 48 |

Subject

Amendment No

Author

RCV etc.

Vote

RCV/EV — remarks

Motion for a resolution

GUE/NGL

B6-0279/2005

vote: resolution (as a whole)

-

Motion for a resolution

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

B6-0281/2005

title

original text

split

1

+

2

+

§ 1

1

Verts/ALE

-

§

original text

RCV

+

581, 31, 9

§ 3

§

original text

RCV

+

578, 28, 13

§ 6

§

original text

sep

+

§ 7

§

original text

sep

+

rec A

original text

split

1

+

2

+

vote: resolution (as a whole)

RCV

+

555, 4, 48

Requests for roll-call votes:

PPE-DE: § 3 and final vote

PSE: § 1

Requests for split votes

Verts/ALE

title

1st part: text as a whole without the word ‘self-styled’

2nd part: that word

Verts/ALE

recital A

1st part: text as a whole without the word ‘self-styled’

2nd part: that word

Requests for separate votes

Verts/ALE: §§ 6, 7

---

ANNEX II

RESULT OF ROLL-CALL VOTES

1.   Daul report A6-0052/2005

For: 568

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Birutis, Budreikaitė, Busk, Chatzimarkakis, Chiesa, Cocilovo, Cornillet, Costa, Degutis, Deprez, De Sarnez, Drear Murko, Duff, Duquesne, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jensen, Juknevičienė, Kacin, Karim, Klinz, Krahmer, Kułakowski, Lambsdorff Laperrouze, Lax, Lehideux, Ludford, Maaten, Malmström, Matsakis, Morillon, Newton Dunn, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Polfer, Ries, Riis-Jørgensen, Savi, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Virrankoski, Wallis

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

IND/DEM: Belder, Blokland, Bonde, Goudin, Lundgren, Sinnott, Wohlin

NI: Baco, Belohorská, Bobosíková, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, Dillen, Gollnisch, Kozlík, Lang, Le Pen Marine, Martin Hans-Peter, Martinez, Masiel, Mölzer, Resetarits, Rutowicz, Schenardi, Vanhecke

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Bauer, Beazley Belet, Berend, Böge, Bowis, Bradbourn, Brejc, Brepoels, Bfezina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Caspary del Castillo Vera, Cederschiöld, Cesa, Chichester, Chmielewski, Cirino Pomicino, Coelho, Coveney Daul, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dionisi, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Esteves, Eurlings, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gaľa, García-Margallo y Marfil, Gargani, Garriga Polledo, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kuskis, Kuźmiuk, Lamassoure, Landsbergis, Langen, Langendries, Laschet, Lechner, Lehne, Lewandowski, Liese, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolásik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pieper, Pinheiro, Piskorski, Pleštinská, Podkański, Poettering, Pomés Ruiz, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schmitt Ingo, Schmitt Pál, Schnellhardt, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, St'astný, Stenzel, Stevenson, Strejček, Stubb, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras Roca, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvefina, Zwiefka

PSE: Andersson, Arnaoutakis, Attard-Montalto, Ayala Sender, Badía i Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Christensen, Corbett, Corbey, Correia, Cottigny De Rossa, Désir, De Vits, Díez González, Dobolyi, 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, Grabowska, Grech, Gröner, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Kuhne, Laignel, Lambrinidis, Lehtinen, Leichtfried, Liberadzki, Lienemann, Locatelli, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Morgan, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rosati, Rothe, Rouček, Roure, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary Schapira, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Tabajdi, Tarabella, Tarand, Titley Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Wynn, Yañez-Barnuevo García, Zingaretti

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

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

Against: 17

GUE/NGL: Krarup, Liotard, Sjöstedt

IND/DEM: Adwent, Chruszcz, Clark, Giertych, Grabowski, Knapman, Krupa, Pęk, Piotrowski, Rogalski, Titford, Tomczak, Wierzejski

NI: Mote

Abstention: 8

GUE/NGL: Toussas

IND/DEM: Borghezio, Coûteaux, Karatzaferis, Speroni, Železný

NI: Allister

Verts/ALE: van Buitenen

2.   Florenz report A6-0088/2005

For: 601

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

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

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

NI: Baco, Belohorská, Bobosíková, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, Dillen, Gollnisch, Kozlík, Lang, Le Pen Marine, Martin Hans-Peter, Martinez, Masiel, Mölzer, Resetarits, Rutowicz, Schenardi, Vanhecke

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Bauer, Beazley Belet, Berend, Böge, Bowis, Bradbourn, Brejc, Brepoels, Bfezina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Caspary, del Castillo Vera, Cederschiöld, Cesa, 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, Elles, Esteves, Eurlings, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gaľa, Galeote Quecedo, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kuskis, Kuźmiuk, Lamassoure, Landsbergis, Langen, Langendries, Laschet, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolásik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pieper, Pinheiro, Piskorski, Pleštinská, Podkański, Poettering, Pomés Ruiz, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schmitt Ingo, Schmitt Pál, Schnellhardt, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, St'astný, Stenzel, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras Roca, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, Wojciechowski, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvefina, Zwiefka

PSE: Andersson, Arnaoutakis, Attard-Montalto, Ayala Sender, Badía i Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Christensen, Corbett, Corbey, Correia, Cottigny De Rossa, Désir, De Vits, Díez González, Dobolyi, 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, Glante, Goebbels, Grabowska, Grech, Gröner, Gruber, Gurmai, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Ilves, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Kuhne, Laignel, Lambrinidis, Lehtinen, Leichtfried, Liberadzki, Lienemann, Locatelli, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Morgan, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay Rasmussen, Reynaud, Riera Madurell, Rosati, Rothe, Rouček, Roure, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary Schapira, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Tabajdi, Tarabella, Tarand, Titley Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Wynn, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Didžiokas, Fotyga, Janowski, Kamiński, Krasts, Kristovskis, La Russa, Libicki, Muscardini, Ó Neachtain, Pirilli, Poli Bortone, Roszkowski, Ryan, Szymański, Vaidere, Zlle

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

Against: 4

IND/DEM: Clark, Knapman, Titford

NI: Mote

Abstention: 4

GUE/NGL: Toussas

IND/DEM: Coûteaux

NI: Allister

Verts/ALE: van Buitenen

3.   Maaten recommendation A6-0102/2005

For: 498

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

GUE/NGL: Adamou, Agnoletto, Bertinotti, Brie, Catania, de Brún, Figueiredo, Guerreiro, Guidoni, Henin, Kaufmann, Kohlícek, Krarup, Liotard, McDonald, Markov, Maštálka, Meyer Pleite, Morgantini, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf Remek, Seppänen, Sjöstedt, Strož, Toussas, Uca, Verges, Wagenknecht, Wurtz, Zimmer

IND/DEM: Adwent, Chruszcz, Giertych, Grabowski, Krupa, Pęk, Piotrowski, Rogalski, Tomczak, Wierzejski

NI: Baco, Belohorská, Bobosíková, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, Dillen, Gollnisch, Kozlík, Le Pen Marine, Martin Hans-Peter, Masiel, Mölzer, Resetarits, Romagnoli, Rutowicz, Schenardi, Vanhecke

PPE-DE: Albertini, Andrikienė, Ayuso González, Bachelot-Narquin, Bauer, Belet, Berend, Böge, Brejc, Bfezina, Brok, Busuttil, Casa, Caspary Cesa, Chmielewski, Cirino Pomicino, Coveney Daul, Dehaene, Demetriou, Descamps, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dionisi, Dombrovskis, Doorn, Duka-Zólyomi, Ebner, Esteves, Eurlings, Fatuzzo, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gaľa, Galeote Quecedo, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Handzlik, Hatzidakis, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hoppenstedt, Hudacký, Iturgaiz Angulo, Jałowiecki, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kelam, Klamt, Klaß, Koch, Konrad, Kratsa-Tsagaropoulou, Kudrycka, Kuskis, Kuźmiuk, Lamassoure, Landsbergis, Langen, Langendries, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolásik, Millán Mon, Mitchell, Montoro Romero, Nassauer, van Nistelrooij, Novak, Olbrycht, Oomen-Ruijten, Pack, Panayotopoulos-Cassiotou, Papastamkos, Pieper, Pinheiro, Piskorski, Pleštinská, Podkański, Poettering, Pomés Ruiz, Posselt, Protasiewicz, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schmitt Ingo, Schnellhardt, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, St'astný, Stenzel, Sudre, Sumberg, Surján, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Vidal-Quadras Roca, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wojciechowski, Záborská, Zaleski, Zappalà, Zwiefka

PSE: Andersson, Arnaoutakis, Attard-Montalto, Ayala Sender, Badía i Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, Berès, Berger, Berlinguer, Bösch, Bono, Bourzai, Bullmann, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Correia, Cottigny De Rossa, Désir, De Vits, Díez González, Douay Dührkop Dührkop, Duin, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Grabowska, Grech, Gröner, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Honeyball, Howitt, Hughes, Ilves, Jöns, Jørgensen, Kindermann, Kinnock, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Kuhne, Laignel, Lambrinidis, Lehtinen, Leichtfried, Leinen, Liberadzki, Lienemann, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Masip Hidalgo, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Morgan, 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, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary Schapira, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Tarabella, Tarand, Titley Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wynn, Yañez-Barnuevo García, Zingaretti

UEN: Camre

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

Against: 109

ALDE: Malmström

IND/DEM: Batten, Belder, Blokland, Bonde, Borghezio, Clark, Coûteaux, Farage, Goudin, Karatzaferis, Knapman, Louis, Lundgren, Sinnott, Speroni, Titford, Whittaker, Wise, Wohlin

NI: Allister, Mote

PPE-DE: Ashworth, Atkins, Beazley Bowis, Bradbourn, Brepoels, Bushill-Matthews, Cabrnoch, Callanan, Cederschiöld, Chichester, Deß, Deva, Dover, Doyle, Duchoň, Elles, Evans Jonathan, Fajmon, Fjellner, Gál, Glattfelder, Gyürk, Hannan, Harbour, Helmer, Hökmark, Ibrisagic, Itälä, Jackson, Kauppi, Kirkhope, Korhola, Nicholson, Olajos, 6ry Parish, Purvis, Queiró, Ribeiro e Castro, Schmitt Pál, Schöpflin, Škottová, Stevenson, Strejček, Stubb, Sturdy, Szájer, Tannock, Van Orden, Vatanen, Vlasák, Wortmann-Kool, Zahradil, Zatloukal, Zieleniec, Zvefina

PSE: van den Berg, Berman, Corbey, Dobolyi, Goebbels, Hegyi, Herczog, Mastenbroek, Tabajdi

UEN: Angelilli, Aylward, Berlato, Bielan, Crowley, Didžiokas, Fotyga, Janowski, Kamiński, Krasts, Kristovskis, La Russa, Libicki, Muscardini, Ó Neachtain, Pirilli, Poli Bortone, Ryan, Szymański, Vaidere, Zlle

Abstention: 8

IND/DEM: Železný

PSE: Bozkurt, Fazakas, Golik, Kósáné Kovács, Wiersma

Verts/ALE: van Buitenen, Hudghton

4.   Maaten recommendation A6-0102/2005

For: 262

ALDE: Chiesa

GUE/NGL: Adamou, Agnoletto, Bertinotti, Brie, Catania, de Brún, Figueiredo, Guerreiro, Guidoni, Henin, Kaufmann, Kohlícek, Krarup, Liotard, McDonald, Markov, Maštálka, Meyer Pleite, Morgantini, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Sjöstedt, Strož, Uca, Verges, Wagenknecht, Wurtz, Zimmer

IND/DEM: Adwent, Chruszcz, Giertych, Goudin, Grabowski, Krupa, Lundgren, Pęk, Piotrowski, Rogalski, Tomczak, Wierzejski, Wohlin

NI: Baco, Belohorská, Claeys, Dillen, Gollnisch, Kozlík, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Mölzer, Resetarits, Romagnoli, Schenardi, Vanhecke

PPE-DE: Seeberg, Wijkman

PSE: Andersson, Arnaoutakis, Attard-Montalto, Ayala Sender, Badía i Cutchet, Batzeli, Beglitis, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny, De Rossa, Désir, De Vits, Díez González, Douay Dührkop Dührkop, Duin, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Ferreira Anne, Ferreira Elisa, Ford, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Grabowska, Grech, Gröner, Gruber, Guy-Quint, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Honeyball, Howitt, Hughes, Ilves, Jöns, Jørgensen, Kindermann, Kinnock, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Kuhne, Laignel, Lambrinidis, Lehtinen, Leichtfried, Leinen, Liberadzki, Lienemann, Locatelli, McAvan, McCarthy, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Morgan, 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, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary Schapira, Scheele, Schulz, Segelström, Sifunakis, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Tarabella, Tarand, Titley Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Wynn, Yañez-Barnuevo García, Zingaretti

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

Against: 354

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

IND/DEM: Batten, Belder, Blokland, Borghezio, Clark, Farage, Karatzaferis, Knapman, Louis, Sinnott, Speroni, Titford, Whittaker, Wise, Železný

NI: Allister, Bobosíková, Masiel, Mote

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Bauer, Beazley Belet, Berend, Böge, Bowis, Bradbourn, Brejc, Brepoels, Bfezina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Caspary Cederschiöld, Cesa, 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, 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, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Helmer, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kuskis, Kuźmiuk, Lamassoure, Landsbergis, Langen, Langendries, Laschet, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolásik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, Niebler, Novak, Olajos, Olbrycht, Oomen-Ruijten, 6ry Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pieper, Pinheiro, Piskorski, Pleštinská, Podkański, Poettering, Pomés Ruiz, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schmitt Ingo, Schmitt Pál, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, St'astný, Stenzel, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras Roca, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wojciechowski, Wortmann-Kool, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvefina, Zwiefka

PSE: Barón Crespo, Dobolyi, Fazakas, Goebbels, Gurmai, Hegyi, Herczog, Siwiec, Tabajdi

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Didžiokas, Fotyga, Janowski, Kamiński, Krasts, Kristovskis, La Russa, Libicki, Muscardini, Ó Neachtain, Pirilli, Poli Bortone, Roszkowski, Ryan, Szymański, Vaidere, Zlle

Abstention: 11

ALDE: Birutis

GUE/NGL: Toussas

IND/DEM: Coûteaux

NI: Czarnecki Marek Aleksander, Czarnecki Ryszard, Rutowicz

PSE: Hänsch, Kósáné Kovács

Verts/ALE: van Buitenen, Hudghton, Smith

5.   Maaten recommendation A6-0102/2005

For: 188

ALDE: Karim

GUE/NGL: Adamou, Agnoletto, Bertinotti, Brie, Catania, Figueiredo, Guerreiro, Guidoni, Henin, Kaufmann, Kohlícek, Markov, Maštálka, Meyer Pleite, Morgantini, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Toussas, Uca, Verges, Wagenknecht, Wurtz, Zimmer

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

NI: Martin Hans-Peter, Resetarits, Romagnoli

PPE-DE: Seeberg

PSE: Andersson, Arnaoutakis, Attard-Montalto, Batzeli, Beglitis, Beňová, Berger, Bösch, Bono, Bourzai, Bullmann, Carlotti, Casaca, Christensen, Cottigny De Rossa, Désir, De Vits, Douay Duin, El Khadraoui, Estrela, Ettl, Fava, Ferreira Anne, Fruteau, Gebhardt, Geringer de Oedenberg, Gierek, Glante, Grabowska, Grech, Gröner, Gruber, Guy-Quint, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Ilves, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Kuhne, Laignel, Lambrinidis, Lehtinen, Leichtfried, Leinen, Liberadzki, Lienemann, Locatelli, Madeira, Maňka, Mann Erika, Martínez Martínez, Matsouka, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Poignant, Prets, Rapkay Rasmussen, Reynaud, Roth-Behrendt, Rothe, Rouček, Roure, Sakalas, dos Santos, Savary Schapira, Scheele, Schulz, Segelström, Sifunakis, Stockmann, Swoboda, Tarabella, Tarand, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Whitehead, Zingaretti

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

Against: 415

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

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

IND/DEM: Batten, Belder, Blokland, Borghezio, Clark, Farage, Goudin, Karatzaferis, Knapman, Lundgren, Nattrass, Sinnott, Titford, Whittaker, Wise, Wohlin, Železný

NI: Allister, Baco, Belohorská, Bobosíková, Masiel, Mote

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Bauer, Beazley Belet, Berend, Böge, Bowis, Bradbourn, Brejc, Brepoels, Bfezina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Caspary Cederschiöld, Cesa, 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, Elles, Esteves, Eurlings, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Galeote Quecedo, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Helmer, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kuskis, Kuźmiuk, Lamassoure, Landsbergis, Langen, Langendries, Laschet, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolásik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, 6ry Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pieper, Pinheiro, Piskorski, Pleštinská, Podkański, Poettering, Pomés Ruiz, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schmitt Ingo, Schmitt Pál, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, St'astný, Stenzel, Stevenson, Strejček, Stubb, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras Roca, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wojciechowski, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvefina, Zwiefka

PSE: Ayala Sender, Badía i Cutchet, Barón Crespo, van den Berg, Berlinguer, Berman, Bozkurt, Calabuig Rull, Capoulas Santos, Carnero González, Cashman, Castex, Cercas, Corbett, Corbey, Correia, Díez González, Dobolyi, Dührkop Dührkop, Evans Robert, Falbr, Fazakas, Ferreira Elisa, Ford, García Pérez, Gill, Goebbels, Golik, Gurmai, Herczog, Honeyball, Howitt, Hughes, Kinnock, Kósáné Kovács, McAvan, McCarthy, Martin David, Masip Hidalgo, Mastenbroek, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Morgan, Pittella, Pleguezuelos Aguilar, Riera Madurell, Rosati, Salinas García, Sánchez Presedo, Siwiec, Skinner, Sornosa Martínez, Stihler, Tabajdi, Titley Wynn, Yañez-Barnuevo García

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Didžiokas, Fotyga, Janowski, Kamiński, Krasts, Kristovskis, La Russa, Libicki, Muscardini, Ó Neachtain, Pirilli, Poli Bortone, Roszkowski, Ryan, Szymański, Vaidere, Zlle

Abstention: 25

ALDE: Chiesa

GUE/NGL: Liotard

IND/DEM: Coûteaux, Louis

NI: Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, Dillen, Gollnisch, Kozlík, Lang, Le Pen Marine, Le Rachinel, Martinez, Mölzer, Rutowicz, Schenardi, Vanhecke

PPE-DE: Hennicot-Schoepges

PSE: Hänsch, Wiersma

Verts/ALE: van Buitenen, Hudghton, Schlyter, Smith

6.   Maaten recommendation A6-0102/2005

For: 251

GUE/NGL: Adamou, Agnoletto, Bertinotti, Brie, Catania, Figueiredo, Guerreiro, Guidoni, Henin, Kaufmann, Kohlícek, Liotard, Markov, Maštálka, Meyer Pleite, Morgantini, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Uca, Verges, Wagenknecht, Wurtz, Zimmer

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

NI: Claeys, Dillen, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Mölzer, Resetarits, Romagnoli, Schenardi, Vanhecke

PSE: Andersson, Arnaoutakis, Attard-Montalto, Ayala Sender, Badía i Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, Berger, Berlinguer, Bösch, Bono, Bourzai, Bullmann, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny De Rossa, Désir, De Vits, Díez González, Douay Dührkop Dührkop, Duin, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Ferreira Anne, Ferreira Elisa, Ford, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Grabowska, Grech, Gröner, Gruber, Guy-Quint, Hamon, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, Ilves, Jöns, Jørgensen, Kindermann, Kinnock, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Kuhne, Laignel, Lambrinidis, Lehtinen, Leichtfried, Leinen, Liberadzki, Lienemann, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Morgan, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Poignant, Prets, Rapkay Rasmussen, Reynaud, Riera Madurell, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary Schapira, Scheele, Schulz, Segelström, Sifunakis, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Tarabella, Tarand, Titley Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Whitehead, Wynn, Yañez-Barnuevo García, Zingaretti

UEN: Poli Bortone

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

Against: 367

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

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

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

NI: Allister, Baco, Belohorská, Bobosíková, Masiel, Mote

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Bauer, Beazley Belet, Berend, Böge, Bowis, Bradbourn, Brejc, Brepoels, Bfezina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Caspary Cederschiöld, Cesa, 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, 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, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura,

Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Helmer, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kuskis, Kuźmiuk, Lamassoure, Landsbergis, Langen, Langendries, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolásik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, 6ry Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pieper, Pinheiro, Piskorski, Pleštinská, Podkański, Poettering, Pomés Ruiz, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schmitt Ingo, Schmitt Pál, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, St'astný, Stenzel, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wojciechowski, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvefina, Zwiefka

PSE: van den Berg, Berman, Bozkurt, Dobolyi, Fazakas, Goebbels, Golik, Gurmai, Hegyi, Herczog, Kósáné Kovács, Siwiec, Tabajdi

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

Verts/ALE: Schlyter

Abstention: 11

GUE/NGL: Toussas

IND/DEM: Coûteaux, Louis

NI: Czarnecki Marek Aleksander, Czarnecki Ryszard, Kozlík, Rutowicz

PSE: Hänsch, Wiersma

Verts/ALE: van Buitenen, Hudghton

7.   Maaten recommendation A6-0102/2005

For: 279

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Birutis, Budreikaitė, Busk, Chiesa, Cocilovo, Costa, Davies, Duff, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kacin, Karim, Kułakowski, Lambsdorff Laperrouze, Lax, Lehideux, Ludford, Maaten, Malmström, Manders, Matsakis, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Polfer, Riis-Jørgensen, Savi, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Takkula, Toia, Väyrynen, Van Hecke, Virrankoski, Wallis, Watson

GUE/NGL: Adamou, Agnoletto, Bertinotti, Brie, Catania, Figueiredo, Guerreiro, Guidoni, Henin, Kaufmann, Kohlícek, Markov, Maštálka, Meyer Pleite, Morgantini, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf Remek, Rizzo, Strož, Toussas, Uca, Verges, Wagenknecht, Wurtz, Zimmer

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

NI: Martin Hans-Peter, Resetarits, Romagnoli

PPE-DE: Eurlings, Grosch, Maat, Martens, van Nistelrooij, Oomen-Ruijten, Seeberg, Wojciechowski, Wortmann-Kool

PSE: Arnaoutakis, Attard-Montalto, Ayala Sender, Badía i Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, Berger, Berlinguer, Bösch, Bono, Bourzai, Bullmann, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Christensen, Correia, Cottigny, De Rossa, Désir, De Vits, Díez González, Douay, Dührkop Dührkop, Duin, El Khadraoui, Estrela, Ettl, Fava, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Glante, Grabowska, Grech, Gröner, Gruber, Guy-Quint, Hamon, Haug, Hazan, Ilves, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Kuhne, Laignel, Lambrinidis, Leichtfried, Leinen, Liberadzki, Lienemann, Locatelli, Madeira, Maňka, Mann Erika, Martínez Martínez, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moreno Sánchez, Muscat, Napoletano, Navarro, Obiols i Germà, Öger, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay Rasmussen, Reynaud, Riera Madurell, Roth-Behrendt, Rothe, Rouček, Roure, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary Schapira, Scheele, Schulz, Sifunakis, Sornosa Martínez, Stockmann, Swoboda, Tarabella, Tarand, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Yañez-Barnuevo García, Zingaretti

UEN: Camre, Poli Bortone

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

Against: 340

ALDE: Bourlanges, Chatzimarkakis, Cornillet, Degutis, Deprez, De Sarnez, Drear Murko, Duquesne, Fourtou, Ries, Szent-Iványi

GUE/NGL: de Brún, Krarup, McDonald, Seppänen, Sjöstedt

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

NI: Allister, Baco, Belohorská, Bobosíková, Claeys, Dillen, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martinez, Masiel, Mölzer, Mote, Schenardi, Vanhecke

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Bauer, Beazley Belet, Berend, Böge, Bowis, Bradbourn, Brejc, Brepoels, Bfezina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Caspary Cederschiöld, Cesa, 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, 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, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grossetête, Guellec, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Helmer, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kuskis, Kuźmiuk, Lamassoure, Landsbergis, Langen, Langendries, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolásik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, Niebler, Novak, Olajos, Olbrycht, Őry Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pieper, Pīks, Pinheiro, Piskorski, Pleštinská, Podkański, Poettering, Pomés Ruiz, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schmitt Ingo, Schmitt Pál, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, St'astný, Stenzel, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras Roca, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvefina, Zwiefka

PSE: Andersson, Berès, van den Berg, Berman, Bozkurt, Cashman, Corbett, Corbey, Dobolyi, Evans Robert, Falbr, Fazakas, Ford, Gill, Goebbels, Golik, Gurmai, Hänsch, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Kinnock, Lehtinen, McAvan, McCarthy, Martin David, Masip Hidalgo, Mastenbroek, Moraes, Morgan, Myller, Paasilinna, Rosati, Segelström, Siwiec, Skinner, Stihler, Tabajdi, Titley Westlund, Whitehead, Wynn

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

Verts/ALE: Schlyter

Abstention: 13

ALDE: Klinz, Krahmer

IND/DEM: Coûteaux, Karatzaferis

NI: Czarnecki Marek Aleksander, Czarnecki Ryszard, Kozlík, Rutowicz

PSE: Kósáné Kovács, Wiersma

Verts/ALE: van Buitenen, Hudghton, Smith

8.   Maaten recommendation A6-0102/2005

For: 330

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

GUE/NGL: Adamou, Agnoletto, Bertinotti, Brie, Catania, Figueiredo, Guerreiro, Guidoni, Henin, Kaufmann, Kohlícek, Liotard, Markov, Maštálka, Meyer Pleite, Morgantini, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf Remek, Rizzo, Seppänen, Strož, Toussas, Uca, Verges, Wagenknecht, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Borghezio, Sinnott, Speroni

NI: Baco, Belohorská, Claeys, Dillen, Gollnisch, Kozlík, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Mölzer, Resetarits, Schenardi, Vanhecke

PPE-DE: Maat, Martens, van Nistelrooij, Seeberg

PSE: Andersson, Arnaoutakis, Attard-Montalto, Ayala Sender, Badía i Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Cottigny De Rossa, Désir, De Vits, Díez González, Douay Dührkop Dührkop, Duin, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Ferreira Anne, Ferreira Elisa, Ford, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Grabowska, Grech, Gröner, Gruber, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Honeyball, Howitt, Hughes, Ilves, Jöns, Jørgensen, Kindermann, Kinnock, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Kuhne, Laignel, Lambrinidis, Lehtinen, Leichtfried, Leinen, Liberadzki, Lienemann, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Morgan, 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, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary Schapira, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Tarabella, Tarand, Titley Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Whitehead, Wiersma, Wynn, Yañez-Barnuevo García, Zingaretti

UEN: Camre

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

Against: 296

ALDE: Malmström

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

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

NI: Allister, Bobošíková, Czarnecki Marek Aleksander, Masiel, Mote, Romagnoli

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Bauer, Beazley Belet, Berend, Böge, Bowis, Bradbourn, Brejc, Brepoels, Bfezina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Caspary Cederschiöld, Cesa, 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, 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, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Helmer, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kuškis, Kužmiuk, Lamassoure, Landsbergis, Langen, Langendries, Laschet, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, Niebler, Novak, Olajos, Olbrycht, Oomen-Ruijten, Óry Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pieper, Pîks, Pinheiro, Piskorski, Pleštinská, Podkański, Poettering, Pomés Ruiz, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schmitt Ingo, Schmitt Pál, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Št'astný, Stenzel, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras Roca, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wojciechowski, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvefina, Zwiefka

PSE: Dobolyi, Fazakas, Gurmai, Hegyi, Herczog, Tabajdi

UEN: Angelilli, Aylward, Berlato, Bielan, Crowley, Didžiokas, Fotyga, Janowski, Kamiński, Krasts, Kristovskis, La Russa, Libicki, Muscardini, Ó Neachtain, Pirilli, Poli Bortone, Roszkowski, Ryan, Szymański, Vaidere, Zlle

Verts/ALE: Schlyter

Abstention: 6

IND/DEM: Coûteaux

NI: Czarnecki Ryszard, Rutowicz

PPE-DE: Wortmann-Kool

PSE: Kósáné Kovács

Verts/ALE: van Buitenen

9.   Maaten recommendation A6-0102/2005

For: 238

GUE/NGL: Adamou, Agnoletto, Bertinotti, Brie, Catania, Figueiredo, Guerreiro, Guidoni, Henin, Kaufmann, Kohlícek, Liotard, Markov, Maštálka, Meyer Pleite, Morgantini, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Strož, Toussas, Uca, Verges, Wagenknecht, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Borghezio, Sinnott, Speroni

NI: Martin Hans-Peter, Resetarits

PPE-DE: Maat, van Nistelrooij, Oomen-Ruijten, Seeberg

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

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

Against: 384

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

GUE/NGL: de Brún, Krarup, McDonald, Seppänen, Sjöstedt

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

NI: Allister, Belohorská, Bobosíková, Claeys, Czarnecki Marek Aleksander, Dillen, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martinez, Masiel, Mölzer, Mote, Romagnoli, Vanhecke

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Bauer, Beazley Berend, Böge, Bowis, Bradbourn, Brejc, Brepoels, Bfezina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Caspary Cederschiöld, Cesa, 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, Elles, Esteves, Eurlings, 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, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Helmer, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kuskis, Kuźmiuk, Lamassoure, Landsbergis, Langen, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolásik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, Niebler, Novak, Olajos, Olbrycht, Őry Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pieper, Pīks, Pinheiro, Piskorski, Pleštinská, Podkański, Poettering, Pomés Ruiz, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schmitt Ingo, Schmitt Pál, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Št'astný, Stenzel, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras Roca, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wojciechowski, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvefina, Zwiefka

PSE: Attard-Montalto, Dobolyi, Fazakas, Goebbels, Gurmai, Hegyi, Herczog, Lehtinen, Myller, Paasilinna, Tabajdi

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Didžiokas, Fotyga, Janowski, Kamiński, Krasts, Kristovskis, La Russa, Libicki, Muscardini, Ó Neachtain, Pirilli, Poli Bortone, Roszkowski, Ryan, Szymański, Vaidere, Zlle

Verts/ALE: Schlyter

Abstention: 9

NI: Baco, Czarnecki Ryszard, Kozlík, Rutowicz

PPE-DE: Belet

PSE: Grech, Hänsch, Kósáné Kovács

Verts/ALE: van Buitenen

10.   Maaten recommendation A6-0102/2005

For: 181

ALDE: Alvaro, Andrejevs, Andria, Attwooll, Beaupuy, Birutis, Bourlanges, Budreikaitė, Busk, Chatzimarkakis, Chiesa, Cocilovo, Cornillet, Costa, Davies, Degutis, Deprez, De Sarnez, Drear Murko, Duff, Duquesne, Fourtou, Gentvilas, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Karim, Kułakowski, Lambsdorff Laperrouze, Lax, Lehideux, Ludford, Maaten, Manders, Matsakis, Morillon, Mulder, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Ortuondo Larrea, Oviir, Pannella, Pistelli, Polfer, Ries, Riis-Jørgensen, Savi, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Virrankoski, Wallis, Watson

GUE/NGL: Adamou, Agnoletto, Bertinotti, Brie, Catania, Guidoni, Henin, Kaufmann, Kohlícek, Markov, Maštálka, Meyer Pleite, Morgantini, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf Remek, Rizzo, Strož, Toussas, Uca, Verges, Wagenknecht, Wurtz, Zimmer

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

NI: Belohorská, Claeys, Dillen, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Mölzer, Resetarits, Romagnoli, Schenardi, Vanhecke

PPE-DE: Seeberg

PSE: Castex, Christensen, Désir, Douay Ferreira Anne, Fruteau, Guy-Quint, Hamon, Hazan, Jørgensen, Kristensen, Laignel, Lienemann, Navarro, Obiols i Germà, Poignant, Rasmussen, Reynaud, Roure, Schulz, Trautmann

UEN: Camre, Poli Bortone

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

Against: 436

ALDE: Malmström, Newton Dunn

GUE/NGL: de Brún, Krarup, McDonald, Seppänen, Sjöstedt

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

NI: Allister, Bobosíková, Czarnecki Marek Aleksander, Czarnecki Ryszard, Masiel, Mote, Rutowicz

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Bauer, Beazley Belet, Berend, Böge, Bowis, Bradbourn, Brejc, Brepoels, Bfezina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Caspary Cederschiöld, Cesa, 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, Elles, Esteves, Eurlings, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Friedrich, Gahler, Gál, Gaľa, Galeote Quecedo, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Helmer, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kuskis, Kuźmiuk, Lamassoure, Langen, Langendries, Laschet, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolásik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, 6ry Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pieper, Pīks, Pinheiro, Piskorski, Pleštinská, Poettering, Pomés Ruiz, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schmitt Ingo, Schmitt Pál, Schnellhardt, Schöpflin, Schröder, Schwab, Seeber, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Stastný, Stenzel, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras Roca, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wojciechowski, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvefina, Zwiefka

PSE: Andersson, Arnaoutakis, Attard-Montalto, Ayala Sender, Badía i Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Cashman, Cercas, Corbett, Corbey, Correia, Cottigny De Rossa, De Vits, Díez González, Dobolyi, Dührkop Dührkop, Duin, El Khadraoui, Estrela, Ettl, Evans Robert, Falbr, Fava, Fazakas, Fernandes, Ferreira Elisa, Ford, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Grabowska, Grech, Gröner, Gruber, Gurmai, Hänsch, Haug, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Ilves, Jöns, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuc, Kuhne, Lambrinidis, Lehtinen, Leichtfried, Leinen, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Morgan, Muscat, Myller, Napoletano, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Prets, Rapkay Riera Madurell, Rosati, Rothe, Rouček, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary Schapira, Scheele, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Tabajdi, Tarand, Titley Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Whitehead, Wiersma, Wynn, Yañez-Barnuevo García, Zingaretti

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

Verts/ALE: Schlyter

Abstention: 17

ALDE: Harkin, Klinz, Krahmer

GUE/NGL: Figueiredo, Guerreiro, Liotard

IND/DEM: Karatzaferis

NI: Baco, Kozlík

PPE-DE: Freitas, Landsbergis, Podkański

PSE: Roth-Behrendt, Tarabella

Verts/ALE: van Buitenen, Hudghton, Smith

11.   RC B6-0281/2005 — McCartney family

For: 581

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

GUE/NGL: Brie, Kaufmann

IND/DEM: Adwent, Batten, Belder, Blokland, Bonde, Borghezio, Chruszcz, Clark, Farage, Giertych, Grabowski, Karatzaferis, Knapman, Krupa, Louis, Nattrass, Pęk, Piotrowski, Rogalski, Sinnott, Speroni, Titford, Tomczak, Whittaker, Wierzejski, Wise, Železný

NI: Allister, Belohorská, Bobosíková, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, Dillen, Gollnisch, Lang, Le Pen Marine, Martin Hans-Peter, Martinez, Masiel, Mölzer, Mote, Resetarits, Rutowicz, Schenardi, Vanhecke

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Bauer, Beazley, Belet, Berend, Böge, Bowis, Brejc, Bfezina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Caspary, Cederschiöld, Cesa, 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, 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, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Helmer, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kuskis, Kuźmiuk, Lamassoure, Langen, Langendries, Laschet, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolásik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, 6ry Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pieper, Pīks, Pinheiro, Piskorski, Pleštinská, Podkański, Poettering, Pomés Ruiz, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schmitt Ingo, Schmitt Pál, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sonik, Spautz, St'astný, Stenzel, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras Roca, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wojciechowski, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvefina, Zwiefka

PSE: Andersson, Arnaoutakis, Attard-Montalto, Ayala Sender, Badía i Cutchet, Barón Crespo, Batzeli, Beglitis, Beňová, Berès, van den Berg, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny De Rossa, Désir, Díez González, Dobolyi, Douay Dührkop Dührkop, 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, Grabowska, Grech, Gröner, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Ilves, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Kuhne, Laignel, Lambrinidis, Lehtinen, Leichtfried, Leinen, Liberadzki, Lienemann, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Morgan, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rapkay Rasmussen, Reynaud, Riera Madurell, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary Schapira, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Tabajdi, Tarabella, Tarand, Titley Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Whitehead, Wiersma, Wynn, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Crowley, Didžiokas, Fotyga, Janowski, Kamiński, Krasts, Kristovskis, La Russa, Muscardini, Ó Neachtain, Pirilli, Poli Bortone, Roszkowski, Ryan, Szymański, Vaidere, Zlle

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

Against: 31

GUE/NGL: Adamou, Agnoletto, Bertinotti, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kohlícek, Liotard, McDonald, Maštálka, Meyer Pleite, Morgantini, Musacchio, Papadimoulis, Pflüger, Ransdorf, Remek, Rizzo, Seppänen, Strož, Toussas, Verges, Wagenknecht

NI: Romagnoli

PPE-DE: Landsbergis, Vlasák

UEN: Libicki

Abstention: 9

ALDE: Watson

IND/DEM: Coûteaux, Goudin, Lundgren, Wohlin

NI: Baco, Kozlík

UEN: Camre

Verts/ALE: van Buitenen

12.   RC B6-0281/2005 — McCartney family

For: 578

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

GUE/NGL: Kaufmann

IND/DEM: Adwent, Batten, Belder, Blokland, Bonde, Borghezio, Chruszcz, Clark, Farage, Giertych, Grabowski, Karatzaferis, Knapman, Krupa, Nattrass, Pęk, Piotrowski, Rogalski, Sinnott, Speroni, Titford, Tomczak, Whittaker, Wierzejski, Wise, Železný

NI: Allister, Belohorská, Bobosíková, Claeys, Czarnecki Marek Aleksander, Dillen, Gollnisch, Lang, Le Pen Marine, Martin Hans-Peter, Martinez, Masiel, Mölzer, Mote, Resetarits, Schenardi, Vanhecke

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Ayuso González, Bachelot-Narquin, Bauer, Beazley Belet, Berend, Böge, Bowis, Brejc, Bfezina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Casa, Caspary Cederschiöld, Cesa, 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, 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, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Helmer, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kuskis, Kuźmiuk, Lamassoure, Landsbergis, Langen, Langendries, Laschet, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolásik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, 6ry Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pieper, Pīks, Pinheiro, Piskorski, Pleštinská, Podkański, Poettering, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schmitt Ingo, Schmitt Pál, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sonik, Spautz, St'astný, Stenzel, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras Roca, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wojciechowski, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvefina, Zwiefka

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

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Didžiokas, Fotyga, Janowski, Kamiński, Krasts, Kristovskis, La Russa, Libicki, Muscardini, Ó Neachtain, Pirilli, Poli Bortone, Roszkowski, Ryan, Szymański, Vaidere, Zlle

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

Against: 28

GUE/NGL: Adamou, Agnoletto, Bertinotti, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kohlícek, McDonald, Markov, Maštálka, Meyer Pleite, Morgantini, Musacchio, Papadimoulis, Pflüger, Ransdorf, Remek, Rizzo, Seppänen, Strož, Toussas, Verges, Wagenknecht

PPE-DE: Pomés Ruiz

Abstention: 13

GUE/NGL: Brie, Liotard, Zimmer

IND/DEM: Coûteaux, Goudin, Lundgren, Wohlin

NI: Baco, Czarnecki Ryszard, Kozlík, Romagnoli, Rutowicz

Verts/ALE: van Buitenen

13.   RC B6-0281/2005 — McCartney family

For: 555

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

GUE/NGL: Kaufmann

IND/DEM: Adwent, Belder, Blokland, Bonde, Borghezio, Chruszcz, Giertych, Grabowski, Karatzaferis, Krupa, Piotrowski, Rogalski, Sinnott, Speroni, Tomczak, Wierzejski, Železný

NI: Allister, Belohorská, Bobosíková, Claeys, Czarnecki Marek Aleksander, Czarnecki Ryszard, Dillen, Gollnisch, Lang, Martin Hans-Peter, Martinez, Masiel, Mölzer, Mote, Resetarits, Rutowicz, Schenardi, Vanhecke

PPE-DE: Albertini, Andrikienė, Ashworth, Ayuso González, Bachelot-Narquin, Bauer, Beazley Belet, Berend, Böge, Bowis, Brejc, Bfezina, Brok, Bushill-Matthews, Busuttil, Buzek, Cabrnoch, Callanan, Cederschiöld, Cesa, 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, 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, Gaubert, Gauzès, Gawronski, Gklavakis, Glattfelder, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Helmer, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kuskis, Kuźmiuk, Lamassoure, Landsbergis, Langen, Langendries, Lechner, Lehne, Lewandowski, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Matsis, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolásik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, 6ry Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pieper, Pīks, Pinheiro, Piskorski, Pleštinská, Podkański, Poettering, Pomés Ruiz, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Saryusz-Wolski, Schmitt Ingo, Schmitt Pál, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sonik, Spautz, St'astný, Stenzel, Stevenson, Strejček, Stubb, Sturdy, Sudre, Surján, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras Roca, Vlasák, Vlasto, Weber Manfred, Wieland, Wijkman, von Wogau, Wojciechowski, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvefina, Zwiefka

PSE: Andersson, Arnaoutakis, Attard-Montalto, Ayala Sender, Badía i Cutchet, Barón Crespo, Beglitis, Berès, van den Berg, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny De Rossa, Désir, 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, Grabowska, Grech, Gröner, Gruber, Gurmai, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Ilves, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kristensen, Kuc, Kuhne, Laignel, Lambrinidis, Lehtinen, Leichtfried, Leinen, Liberadzki, Lienemann, Locatelli, McAvan, McCarthy, Madeira, Maňka, Martin David, Martínez Martínez, Masip Hidalgo, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Mikko, Moraes, Moreno Sánchez, Morgan, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rapkay Rasmussen, Reynaud, Riera Madurell, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary Schapira, Scheele, Schulz, Segelström, Sifunakis, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Tabajdi, Tarabella, Tarand, Titley Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Whitehead, Wiersma, Wynn, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Didžiokas, Fotyga, Janowski, Kamiński, Krasts, Kristovskis, La Russa, Libicki, Muscardini, Ó Neachtain, Pirilli, Poli Bortone, Roszkowski, Ryan, Szymański, Vaidere, Zlle

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

Against: 4

GUE/NGL: Toussas, Wagenknecht

IND/DEM: Wohlin

NI: Romagnoli

Abstention: 48

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

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

NI: Baco, Kozlík

Verts/ALE: van Buitenen, Buitenweg, Lagendijk, Rühle, Schlyter

---

TEXTS ADOPTED

P6_TA(2005)0155

EC-Albania Framework Agreement ***

European Parliament legislative resolution on the proposal for a Council decision concerning the conclusion of a Framework Agreement between the European Community and the Republic of Albania on the general principles for the participation of the Republic of Albania in Community programmes (5532/2005 — COM(2004)0809 — C6-0039/2005 — 2004/0276(AVC))

(Assent procedure)

The European Parliament,

| — | having regard to the proposal for a Council decision (COM(2004)0809) (1), |
| --- | --- |

—

having regard to the proposal for a Council decision (COM(2004)0809) (1),

| — | having regard to the text of the Council (5532/2005), |
| --- | --- |

—

having regard to the text of the Council (5532/2005),

| — | having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Articles 13 and 308 of the EC Treaty (C6-0039/2005), |
| --- | --- |

—

having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Articles 13 and 308 of the EC Treaty (C6-0039/2005),

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

—

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

| — | having regard to the recommendation of the Committee on Foreign Affairs (A6-0122/2005), |
| --- | --- |

—

having regard to the recommendation of the Committee on Foreign Affairs (A6-0122/2005),

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

1.

Gives its assent to the conclusion of the Framework Agreement;

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

2.

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

---

(1)  Not yet published in OJ.

P6_TA(2005)0156

EC-Bosnia and Herzegovina Framework Agreement ***

European Parliament legislative resolutioon the proposal for a Council decision concerning the conclusion of a Framework Agreement between the European Community and Bosnia and Herzegovina on the general principles for the participation of Bosnia and Herzegovina in Community programmes (5532/2005 — COM(2004)0809 — C6-0040/2005 — 2004/0277(AVC))

(Assent procedure)

The European Parliament,

| — | having regard to the proposal for a Council decision (COM(2004)0809) (1), |
| --- | --- |

—

having regard to the proposal for a Council decision (COM(2004)0809) (1),

| — | having regard to the text of the Council (5532/2005), |
| --- | --- |

—

having regard to the text of the Council (5532/2005),

| — | having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Articles 13 and 308 of the EC Treaty (C6-0040/2005), |
| --- | --- |

—

having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Articles 13 and 308 of the EC Treaty (C6-0040/2005),

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

—

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

| — | having regard to the recommendation of the Committee on Foreign Affairs (A6-0122/2005), |
| --- | --- |

—

having regard to the recommendation of the Committee on Foreign Affairs (A6-0122/2005),

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

1.

Gives its assent to the conclusion of the Framework Agreement;

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

2.

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

---

(1)  Not yet published in OJ.

P6_TA(2005)0157

EC-Croatia Framework Agreement ***

European Parliament legislative resolution on the proposal for a Council decision concerning the conclusion of a Framework Agreement between the European Community and the Republic of Croatia on the general principles for the participation of the Republic of Croatia in Community programmes (5532/2005 — COM(2004)0809 — C6-0041/2005 — 2004/0278(AVC))

(Assent procedure)

The European Parliament,

| — | having regard to the proposal for a Council decision (COM(2004)0809) (1), |
| --- | --- |

—

having regard to the proposal for a Council decision (COM(2004)0809) (1),

| — | having regard to the text of the Council (5532/2005), |
| --- | --- |

—

having regard to the text of the Council (5532/2005),

| — | having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Articles 13 and 308 of the EC Treaty (C6-0041/2005), |
| --- | --- |

—

having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Articles 13 and 308 of the EC Treaty (C6-0041/2005),

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

—

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

| — | having regard to the recommendation of the Committee on Foreign Affairs (A6-0122/2005), |
| --- | --- |

—

having regard to the recommendation of the Committee on Foreign Affairs (A6-0122/2005),

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

1.

Gives its assent to the conclusion of the Framework Agreement;

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

2.

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

---

(1)  Not yet published in OJ.

P6_TA(2005)0158

EC-Former Yugoslav Republic of Macedonia Framework Agreement ***

European Parliament legislative resolution on the proposal for a Council decision concerning the conclusion of a Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Former Yugoslav Republic of Macedonia, of the other part, on a Framework Agreement between the European Community and the Former Yugoslav Republic of Macedonia on the general principles for the participation of the Former Yugoslav Republic of Macedonia in Community programmes (5532/2005 — COM(2004)0809 — C6-0042/2005 — 2004/0279(AVC))

(Assent procedure)

The European Parliament,

| — | having regard to the proposal for a Council decision (COM(2004)0809) (1), |
| --- | --- |

—

having regard to the proposal for a Council decision (COM(2004)0809) (1),

| — | having regard to the text of the Council (5532/2005), |
| --- | --- |

—

having regard to the text of the Council (5532/2005),

| — | having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Articles 13 and 308 of the EC Treaty (C6-0042/2005), |
| --- | --- |

—

having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Articles 13 and 308 of the EC Treaty (C6-0042/2005),

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

—

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

| — | having regard to the recommendation of the Committee on Foreign Affairs (A6-0122/2005), |
| --- | --- |

—

having regard to the recommendation of the Committee on Foreign Affairs (A6-0122/2005),

| 1. | Gives its assent to the conclusion of a Protocol to the Stabilisation and Association Agreement on a Framework Agreement; |
| --- | --- |

1.

Gives its assent to the conclusion of a Protocol to the Stabilisation and Association Agreement on a Framework Agreement;

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

2.

Instructs its President to forward its position to the Council and Commission and the governments and parliaments of the Member States and the Former Yugoslav Republic of Macedonia.

---

(1)  Not yet published in OJ.

P6_TA(2005)0159

EC-Serbia and Montenegro Framework Agreement ***

European Parliament legislative resolution on the proposal for a Council decision concerning the conclusion of a Framework Agremeent between the European Community and Serbia and Montenegro on the general principles for the participation of Serbia and Montenegro in Community programmes (5532/2005 — COM(2004)0809 — C6-0043/2005 — 2004/0280(AVC))

(Assent procedure)

The European Parliament,

| — | having regard to the proposal for a Council decision (COM(2004)0809) (1), |
| --- | --- |

—

having regard to the proposal for a Council decision (COM(2004)0809) (1),

| — | having regard to the text of the Council (5532/2005), |
| --- | --- |

—

having regard to the text of the Council (5532/2005),

| — | having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Articles 13 and 308 of the EC Treaty (C6-0043/2005), |
| --- | --- |

—

having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Articles 13 and 308 of the EC Treaty (C6-0043/2005),

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

—

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

| — | having regard to the recommendation of the Committee on Foreign Affairs (A6-0122/2005), |
| --- | --- |

—

having regard to the recommendation of the Committee on Foreign Affairs (A6-0122/2005),

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

1.

Gives its assent to the conclusion of the Framework Agreement;

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

2.

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

---

(1)  Not yet published in OJ.

P6_TA(2005)0160

Community statistics on income and living conditions (EU-SILC) ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1177/2003 concerning Community statistics on income and living conditions (EU-SILC) (COM(2005)0028 — C6-0034/2005 — 2005/0004(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2005) 0028) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2005) 0028) (1),

| — | having regard to Article 251 (2) and Article 285 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0034/2005), |
| --- | --- |

—

having regard to Article 251 (2) and Article 285 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0034/2005),

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

—

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

| — | having regard to the report of the Committee on Employment and Social Affairs (A6-0107/2005), |
| --- | --- |

—

having regard to the report of the Committee on Employment and Social Affairs (A6-0107/2005),

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

1.

Approves the Commission proposal;

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

2.

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

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

3.

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

---

(1)  Not yet published in OJ.

P6_TA(2005)0161

International Convention for the Protection of New Varieties of Plants *

European Parliament legislative resolution on the proposal for a Council decision approving the accession of the European Community to the International Convention for the Protection of New Varieties of Plants, as revised at Geneva on 19 March 1991 (COM(2004)0798 — C6-0010/2005 — 2004/0275(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the proposal for a Council decision (COM(2004)0798) (1), |
| --- | --- |

—

having regard to the proposal for a Council decision (COM(2004)0798) (1),

| — | having regard to Article 37 of the EC Treaty, in conjunction with Article 300(2), second subparagraph thereof, |
| --- | --- |

—

having regard to Article 37 of the EC Treaty, in conjunction with Article 300(2), second subparagraph thereof,

| — | having regard to Article 300(3), first subparagraph of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0010/2005), |
| --- | --- |

—

having regard to Article 300(3), first subparagraph of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0010/2005),

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

—

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

| — | having regard to the report of the Committee on Agriculture and Rural Development (A6-0052/2005), |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development (A6-0052/2005),

| 1. | Approves accession to the Convention; |
| --- | --- |

1.

Approves accession to the Convention;

| 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)  Not yet published in OJ.

P6_TA(2005)0162

Transmissible spongiform encephalopathies ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (COM(2004)0775 — C6-0223/2004 — 2004/0270(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2004) 0775) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2004) 0775) (1),

| — | having regard to Article 251(2) and Article 152(4)(b) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0223/2004), |
| --- | --- |

—

having regard to Article 251(2) and Article 152(4)(b) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0223/2004),

| — | 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 the Environment, Public Health and Food Safety (A6-0098/2005), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety (A6-0098/2005),

| 1. | Approves Article 1(14) and amends Article 2 of the Commission proposal; |
| --- | --- |

1.

Approves Article 1(14) and amends Article 2 of the Commission proposal;

| 2. | Will continue its examination of the remainder of the Commission proposal and adopt its first reading thereon at the earliest opportunity; |
| --- | --- |

2.

Will continue its examination of the remainder of the Commission proposal and adopt its first reading thereon at the earliest opportunity;

| 3. | Splits the proposal accordingly; |
| --- | --- |

3.

Splits the proposal accordingly;

| 4. | Calls on the Commission and the Council to consider the amendments to the transitional regime of Regulation (EC) No 999/2001 and the substantive amendments to the Regulation in two separate Regulations; |
| --- | --- |

4.

Calls on the Commission and the Council to consider the amendments to the transitional regime of Regulation (EC) No 999/2001 and the substantive amendments to the Regulation in two separate Regulations;

| 5. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

5.

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;

| 6. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

6.

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

---

(1)  Not yet published in OJ.

P6_TC1-COD(2004)0270

Position of the European Parliament adopted at first reading on 10 May 2005 with a view to the adoption of Regulation (EC) No .../2005 of the European Parliament and of the Council amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies as regards the extension of the period for transitional measures

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 152(4)(b) thereof,

Having regard to the proposal from the Commission,

After consulting the European Economic and Social Committee,

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty
   (1),

Whereas:

| (1) | Regulation (EC) No 999/2001 (2) is intended to provide a single legal framework for transmissible spongiform encephalopathies (TSEs) in the Community. |
| --- | --- |

(1)

Regulation (EC) No 999/2001 (2) is intended to provide a single legal framework for transmissible spongiform encephalopathies (TSEs) in the Community.

| (2) | Regulation (EC) No 1128/2003 of the European Parliament and of the Council of 16 June 2003 amending Regulation (EC) No 999/2001 as regards the extension of the period for transitional measures (3) prolonged the period of application of the transitional measures provided for in Regulation (EC) No 999/2001 until 1 July 2005 at the
  latest. |
| --- | --- |

(2)

Regulation (EC) No 1128/2003 of the European Parliament and of the Council of 16 June 2003 amending Regulation (EC) No 999/2001 as regards the extension of the period for transitional measures (3) prolonged the period of application of the transitional measures provided for in Regulation (EC) No 999/2001 until 1 July 2005 at the
  latest.

| (3) | In order to ensure legal certainty beyond the expiry of the transitional measures provided for in Regulation (EC) No 999/2001 and pending the revision of permanent measures as well as the creation of an overall strategy on TSEs, it is appropriate to extend those transitional measures further until 1 July 2007. |
| --- | --- |

(3)

In order to ensure legal certainty beyond the expiry of the transitional measures provided for in Regulation (EC) No 999/2001 and pending the revision of permanent measures as well as the creation of an overall strategy on TSEs, it is appropriate to extend those transitional measures further until 1 July 2007.

| (4) | In the interests of legal certainty and in order to protect any legitimate expectations of economic operators, pending the substantive revision of Regulation (EC) No 999/2001, the present regulation should enter into force on 1 July 2005. |
| --- | --- |

(4)

In the interests of legal certainty and in order to protect any legitimate expectations of economic operators, pending the substantive revision of Regulation (EC) No 999/2001, the present regulation should enter into force on 1 July 2005.

| (5) | Regulation (EC) No 999/2001 should be amended accordingly, |
| --- | --- |

(5)

Regulation (EC) No 999/2001 should be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

The

  second paragraph of Article23 of Regulation (EC) No 999/2001 shall be replaced by the following:

‘In accordance with that procedure, transitional measures shall be adopted for a period ending on 1 July 2007 at the latest, to permit the change-over from the current arrangements to the arrangements established by this Regulation.’

Article 2

This Regulation shall enter into force on
  1 July 2005
  .

1 July 2005

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

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  Position of the European Parliament of 10 May 2005.

1

Position of the European Parliament of 10 May 2005

(2)  OJ L 147, 31.5.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 260/2005 (OJ L 46, 17.2.2005, p. 31).

2

No 260/2005 (OJ L 46, 17.2.2005, p. 31)

(3)  OJ L 160, 28.6.2003, p. 1.

3

P6_TA(2005)0163

EC Switzerland Agreement concerning participation in the European Environment Agency and the European Environment Information and Observation Network *

European Parliament legislative resolution on the proposal for a Council decision on the conclusion, on behalf of the European Community, of the Agreement between the European Community and the Swiss Confederation concerning the latter's participation in the European Environment Agency and the European Environment Information and Observation Network (COM(2004)0658 — C6-0173/2004 — 2004/0233(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the proposal for a Council decision (COM(2004)0658) (1), |
| --- | --- |

—

having regard to the proposal for a Council decision (COM(2004)0658) (1),

| — | having regard to Article 175(1) in conjunction with the first sentence of the first subparagraph of Article 300(2) and Article 300(4) of the EC Treaty, |
| --- | --- |

—

having regard to Article 175(1) in conjunction with the first sentence of the first subparagraph of Article 300(2) and Article 300(4) of the EC Treaty,

| — | having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0173/2004), |
| --- | --- |

—

having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0173/2004),

| — | 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 the Environment, Public Health and Food Safety (A6-0088/2005), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety (A6-0088/2005),

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

1.

Approves conclusion of the agreement;

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

2.

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

---

(1)  Not yet published in OJ.

P6_TA(2005)0164

Value added tax *

European Parliament legislative resolution on the proposal for a Council directive on the common system of value added tax (Recast) (COM(2004)0246 — C6-0009/2004 — 2004/0079(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2004)0246) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2004)0246) (1),

| — | having regard to Article 93 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0009/2004), |
| --- | --- |

—

having regard to Article 93 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0009/2004),

| — | 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 Economic and Monetary Affairs (A6-0097/2005), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs (A6-0097/2005),

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

1.

Approves the Commission proposal;

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

2.

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

| 3. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

3.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

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

4.

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

---

(1)  Not yet published in OJ.

P6_TA(2005)0165

Quality of bathing water ***II

European Parliament legislative resolution on the Council common position for adopting a directive of the European Parliament and of the Council concerning the management of bathing water quality and repealing Directive 76/160/EEC (12884/1/2004 — C6-0006/2005 — 2002/0254(COD))

(Codecision procedure: second reading)

The European Parliament,,

| — | having regard to the Council common position (12884/1/2004 — C6-0006/2005), |
| --- | --- |

—

having regard to the Council common position (12884/1/2004 — C6-0006/2005),

| — | having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2002)0581) (2), |
| --- | --- |

—

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2002)0581) (2),

| — | having regard to the amended proposal (COM(2004)0245) (3), |
| --- | --- |

—

having regard to the amended proposal (COM(2004)0245) (3),

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

—

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

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

—

having regard to Rule 62 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A6-0102/2005), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A6-0102/2005),

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

1.

Approves the common position as amended;

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

2.

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

---

(1)  OJ C 82 E, 1.4.2004, p. 115.

(2)  OJ C 45 E, 25.2.2003, p. 127.

(3)  Not yet published in OJ.

P6_TC2-COD(2002)0254

Position of the European Parliament adopted at second reading on 10 May 2005 with a view to the adoption of Directive 2005/.../EC of the European Parliament and of the Council concerning the management of bathing water quality and repealing Directive 76/160/EEC

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission (1),

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

Having regard to the opinion of the Committee of the Regions (3),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (4),

Whereas:

| (1) | Building on the Commission's Communication on sustainable development, the European Council has singled out objectives as general guidance for future development in priority areas such as natural resources and public health. |
| --- | --- |

(1)

Building on the Commission's Communication on sustainable development, the European Council has singled out objectives as general guidance for future development in priority areas such as natural resources and public health.

| (2) | Water is a scarce natural resource, the quality of which should be protected, defended, managed and treated as such. Surface waters in particular are renewable resources with a limited capacity to recover from adverse impacts from human activities. |
| --- | --- |

(2)

Water is a scarce natural resource, the quality of which should be protected, defended, managed and treated as such. Surface waters in particular are renewable resources with a limited capacity to recover from adverse impacts from human activities.

| (3) | Community policy on the environment should aim at a high level of protection, and contribute to pursuing the objectives of preserving, protecting and improving the quality of the environment and of protecting human health. |
| --- | --- |

(3)

Community policy on the environment should aim at a high level of protection, and contribute to pursuing the objectives of preserving, protecting and improving the quality of the environment and of protecting human health.

| (4) | In December 2000, the Commission adopted a Communication to the European Parliament and the Council on the development of a new bathing water policy and initiated a large-scale consultation of all interested and involved parties. The main outcome of this consultation was general support for the development of a new Directive based on the latest scientific evidence and paying particular attention to wider public participation. |
| --- | --- |

(4)

In December 2000, the Commission adopted a Communication to the European Parliament and the Council on the development of a new bathing water policy and initiated a large-scale consultation of all interested and involved parties. The main outcome of this consultation was general support for the development of a new Directive based on the latest scientific evidence and paying particular attention to wider public participation.

| (5) | Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme (5) contains a commitment to ensuring a high level of protection of bathing water, including by revising Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water (6). |
| --- | --- |

(5)

Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme (5) contains a commitment to ensuring a high level of protection of bathing water, including by revising Council Directive 76/160/EEC of 8 December 1975 concerning the quality of bathing water (6).

| (6) | Pursuant to the Treaty, in preparing policy on the environment the Community is, inter alia, to take account of available scientific and technical data. This Directive should use scientific evidence in implementing the most reliable indicator parameters for predicting microbiological health risk and to achieve a high level of protection. Further epidemiological studies should be undertaken urgently concerning the health risks associated with bathing, particularly in fresh water. |
| --- | --- |

(6)

Pursuant to the Treaty, in preparing policy on the environment the Community is, inter alia, to take account of available scientific and technical data. This Directive should use scientific evidence in implementing the most reliable indicator parameters for predicting microbiological health risk and to achieve a high level of protection. Further epidemiological studies should be undertaken urgently concerning the health risks associated with bathing, particularly in fresh water.

| (7) | In order to increase efficiency and wise use of resources, this Directive needs to be closely coordinated with other Community legislation on water, such as Council Directives 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (7), 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (8) and Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (9). |
| --- | --- |

(7)

In order to increase efficiency and wise use of resources, this Directive needs to be closely coordinated with other Community legislation on water, such as Council Directives 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (7), 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (8) and Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (9).

| (8) | Appropriate information on planned measures and progress on implementation should be disseminated to stakeholders. The public should receive appropriate and timely information on the results of the monitoring of bathing water quality and risk management measures in order to prevent health hazards, especially in the context of predictable short-term pollution or abnormal situations. New technology that allows the public to be informed in an efficient and comparable way on bathing waters across the Community should be applied. |
| --- | --- |

(8)

Appropriate information on planned measures and progress on implementation should be disseminated to stakeholders. The public should receive appropriate and timely information on the results of the monitoring of bathing water quality and risk management measures in order to prevent health hazards, especially in the context of predictable short-term pollution or abnormal situations. New technology that allows the public to be informed in an efficient and comparable way on bathing waters across the Community should be applied.

| (9) | In order to protect and inform the public in good time on exceptional events such as floods or infrastructure breakdowns, appropriate emergency plans should be developed, including early warning systems. |
| --- | --- |

(9)

In order to protect and inform the public in good time on exceptional events such as floods or infrastructure breakdowns, appropriate emergency plans should be developed, including early warning systems.

| (10) | For the purpose of monitoring, harmonised methods and practices of analysis need to be applied. Observation and quality assessment over an extended period are necessary in order to achieve a realistic bathing water classification. |
| --- | --- |

(10)

For the purpose of monitoring, harmonised methods and practices of analysis need to be applied. Observation and quality assessment over an extended period are necessary in order to achieve a realistic bathing water classification.

| (11) | Compliance should be a matter of appropriate management measures and quality assurance, not merely of measuring and calculation. A system of bathing water profiles is therefore appropriate to provide a better understanding of risks as a basis for management measures. In parallel, particular attention should be attached to adherence to quality standards and coherent transition from Directive 76/160/EEC. |
| --- | --- |

(11)

Compliance should be a matter of appropriate management measures and quality assurance, not merely of measuring and calculation. A system of bathing water profiles is therefore appropriate to provide a better understanding of risks as a basis for management measures. In parallel, particular attention should be attached to adherence to quality standards and coherent transition from Directive 76/160/EEC.

| (12) | On 25 June 1998 the Community signed the UN/ECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (the Århus Convention). Community law should be properly aligned with that Convention in view of its ratification by the Community. It is therefore appropriate for this Directive to include provisions on public access to information and to provide for public participation in its implementation
  in accordance with Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information

   (10)

  and Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public· participation in respect of the drawing up of certain plans and programmes relating to the environment

   (11). |
| --- | --- |

(12)

On 25 June 1998 the Community signed the UN/ECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (the Århus Convention). Community law should be properly aligned with that Convention in view of its ratification by the Community. It is therefore appropriate for this Directive to include provisions on public access to information and to provide for public participation in its implementation
  in accordance with Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information

   (10)

  and Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public· participation in respect of the drawing up of certain plans and programmes relating to the environment

   (11).

| (13) | Since the objectives of this Directive, namely the attainment by the Member States, on the basis of common standards, of a good bathing water quality and a high level of protection throughout the Community, cannot be sufficiently achieved by the Member States and can be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(13)

Since the objectives of this Directive, namely the attainment by the Member States, on the basis of common standards, of a good bathing water quality and a high level of protection throughout the Community, cannot be sufficiently achieved by the Member States and can be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

| (14) | The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (12). |
| --- | --- |

(14)

The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (12).

| (15) | The continued importance of a Community bathing water policy is evident each bathing season as it protects the public from accidental and chronic pollution discharged in or near Community bathing areas. The overall quality of bathing waters has improved considerably since Directive 76/160/EEC came into force. However, that Directive reflects the state of knowledge and experience of the early nineteen seventies. Patterns of bathing water use have since changed, as has the state of scientific and technical knowledge. Therefore, that Directive should be repealed, |
| --- | --- |

(15)

The continued importance of a Community bathing water policy is evident each bathing season as it protects the public from accidental and chronic pollution discharged in or near Community bathing areas. The overall quality of bathing waters has improved considerably since Directive 76/160/EEC came into force. However, that Directive reflects the state of knowledge and experience of the early nineteen seventies. Patterns of bathing water use have since changed, as has the state of scientific and technical knowledge. Therefore, that Directive should be repealed,

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

GENERAL PROVISIONS

Article 1

Purpose and scope

1.   This Directive lays down provisions for:

| (a) | the monitoring and classification of bathing water quality; |
| --- | --- |

(a)

the monitoring and classification of bathing water quality;

| (b) | the management of bathing water quality; and |
| --- | --- |

(b)

the management of bathing water quality; and

| (c) | the provision of information to the public on bathing water quality. |
| --- | --- |

(c)

the provision of information to the public on bathing water quality.

2.   The purpose of this Directive is to preserve, protect and improve the quality of the environment and to protect human health by complementing Directive 2000/60/EC.

3.   This Directive shall apply to any element of surface water where the competent authority expects a large number of people to bathe and has not imposed a permanent prohibition on, or issued permanent advice against, bathing (hereinafter ‘bathing water’). It shall not apply to:

| (a) | swimming pools and spa pools; |
| --- | --- |

(a)

swimming pools and spa pools;

| (b) | confined waters subject to treatment or used for therapeutic purposes; |
| --- | --- |

(b)

confined waters subject to treatment or used for therapeutic purposes;

| (c) | artificially created confined waters separated from surface water and groundwater. |
| --- | --- |

(c)

artificially created confined waters separated from surface water and groundwater.

Article 2

Definitions

For the purposes of this Directive, the following definitions shall apply.

| 1) | The terms ‘surface water’, ‘groundwater’, ‘inland water’, ‘transitional waters’, ‘coastal water’ and ‘river basin’ have the same meaning as in Directive 2000/60/EC. |
| --- | --- |

1)

The terms ‘surface water’, ‘groundwater’, ‘inland water’, ‘transitional waters’, ‘coastal water’ and ‘river basin’ have the same meaning as in Directive 2000/60/EC.

| 2) | ‘Competent authority’ means the authority or authorities that a Member State has designated to ensure compliance with the requirements of this Directive or any other authority or body to which that role has been delegated. |
| --- | --- |

2)

‘Competent authority’ means the authority or authorities that a Member State has designated to ensure compliance with the requirements of this Directive or any other authority or body to which that role has been delegated.

| 3) | ‘Permanent’ means, in relation to a prohibition on, or advice against, bathing, lasting for at least one whole bathing season. |
| --- | --- |

3)

‘Permanent’ means, in relation to a prohibition on, or advice against, bathing, lasting for at least one whole bathing season.

| 4) | ‘Large number’ means, in relation to bathers, a number that the competent authority considers to be large having regard, in particular, to past trends or to any infrastructure or facilities provided, or other measures taken, to promote bathing. |
| --- | --- |

4)

‘Large number’ means, in relation to bathers, a number that the competent authority considers to be large having regard, in particular, to past trends or to any infrastructure or facilities provided, or other measures taken, to promote bathing.

| 5) | ‘Pollution’ means the presence of microbiological contamination or other organisms or waste affecting bathing water quality and presenting a risk to bathers' health as referred to in Articles 8 and 9 and Annex I, column A. |
| --- | --- |

5)

‘Pollution’ means the presence of microbiological contamination or other organisms or waste affecting bathing water quality and presenting a risk to bathers' health as referred to in Articles 8 and 9 and Annex I, column A.

| 6) | ‘Bathing season’ means the period during which large numbers of bathers can be expected. |
| --- | --- |

6)

‘Bathing season’ means the period during which large numbers of bathers can be expected.

| 7) | ‘Management measures’ means the following measures undertaken with respect to bathing water:






  (a) | establishing and maintaining a bathing water profile; |
| --- | --- | --- |

7)

‘Management measures’ means the following measures undertaken with respect to bathing water:

(a)

establishing and maintaining a bathing water profile;

| (b) | establishing a monitoring calendar; |
| --- | --- |

(b)

establishing a monitoring calendar;

| (c) | monitoring bathing water; |
| --- | --- |

(c)

monitoring bathing water;

| (d) | assessing bathing water quality; |
| --- | --- |

(d)

assessing bathing water quality;

| (e) | classifying bathing water; |
| --- | --- |

(e)

classifying bathing water;

| (f) | identifying and assessing causes of pollution that might affect bathing waters and impair bathers' health; |
| --- | --- |

(f)

identifying and assessing causes of pollution that might affect bathing waters and impair bathers' health;

| (g) | setting up emergency plans and surveillance systems; |
| --- | --- |

(g)

setting up emergency plans and surveillance systems;

| (h) | giving information to the public; |
| --- | --- |

(h)

giving information to the public;

| (i) | taking action to prevent bathers' exposure to pollution; |
| --- | --- |

(i)

taking action to prevent bathers' exposure to pollution;

| (j) | taking action to reduce the risk of pollution. |
| --- | --- |

(j)

taking action to reduce the risk of pollution.

| 8) | ‘Short-term pollution’ means microbiological contamination as referred to in Annex I, column A, that has clearly identifiable causes, is not normally expected to affect bathing water quality for more
  than 48 hours after the termination of the cause and does not last longer
  than approximately 72 hours and for which the competent authority has established procedures to predict and deal with as set out in Annex II. |
| --- | --- |

8)

‘Short-term pollution’ means microbiological contamination as referred to in Annex I, column A, that has clearly identifiable causes, is not normally expected to affect bathing water quality for more
  than 48 hours after the termination of the cause and does not last longer
  than approximately 72 hours and for which the competent authority has established procedures to predict and deal with as set out in Annex II.

| 9) | Abnormal situation' means an event or combination of events impacting on bathing water quality at the location concerned and not expected to occur on average more than once every four years. |
| --- | --- |

9)

Abnormal situation' means an event or combination of events impacting on bathing water quality at the location concerned and not expected to occur on average more than once every four years.

| 10) | ‘Set of bathing water quality data’ means data obtained in accordance with Article 3. |
| --- | --- |

10)

‘Set of bathing water quality data’ means data obtained in accordance with Article 3.

| 11) | ‘Bathing water quality assessment’ means the process of evaluating bathing water quality, using the assessment method defined in Annex II. |
| --- | --- |

11)

‘Bathing water quality assessment’ means the process of evaluating bathing water quality, using the assessment method defined in Annex II.

| 12) | ‘Cyanobacterial proliferation’ means an accumulation of cyanobacteria in the form of a bloom, mat or scum. |
| --- | --- |

12)

‘Cyanobacterial proliferation’ means an accumulation of cyanobacteria in the form of a bloom, mat or scum.

| 13) | The term ‘public concerned’ has the same meaning as in Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (13). |
| --- | --- |

13)

The term ‘public concerned’ has the same meaning as in Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (13).

CHAPTER II

QUALITY AND MANAGEMENT OF BATHING WATER

Article 3

Monitoring

1.   Member States shall annually identify all bathing waters and define the length of the bathing season. They shall do so for the first time before the start of the first bathing season following the date referred to in Article 18(1).

2.   Member States shall ensure that monitoring of the parameters set out in Annex I, column A, takes place in accordance with Annex IV.

3.   The monitoring point shall be the location within the bathing water where:

| (a) | most bathers are expected; or |
| --- | --- |

(a)

most bathers are expected; or

| (b) | the greatest risk of pollution is expected, according to the bathing water profile. |
| --- | --- |

(b)

the greatest risk of pollution is expected, according to the bathing water profile.

4.   A monitoring calendar for each bathing water shall be established before the start of each bathing season and for the first time before the start of the third full bathing season after the entry into force of this Directive. Monitoring shall take place no later than four days after the date specified in the monitoring calendar.

5.   Member States may introduce monitoring of the parameters set out in Annex I, column A, during the first full bathing season following the entry into force of this Directive. In that case, monitoring shall take place with the frequency specified in Annex IV. The results of such monitoring may be used to build up the sets of bathing water quality data referred to in Article 4. As soon as Member States introduce monitoring under this Directive, monitoring of the parameters set out in the Annex to Directive 76/160/EEC may cease.

6.   Samples taken during short-term pollution may be disregarded. They shall be replaced by samples taken in accordance with Annex IV.

7.   During abnormal situations, the monitoring calendar referred to in paragraph 4 may be suspended. It shall be resumed as soon as possible after the end of the abnormal situation. New samples shall be taken as soon as possible after the end of the abnormal situation to replace samples that are missing due to the abnormal situation.

8.   Member States shall report any suspension of the monitoring calendar to the Commission, giving the reasons for the suspension. They shall provide such reports on the occasion of the next annual report provided for in Article 13 at the latest.

9.   Member States shall ensure that the analysis of bathing water quality takes place in accordance with the reference methods specified in Annex I and the rules set out in Annex V. However, Member States may permit the use of other methods or rules if they can demonstrate that the results obtained are equivalent to those obtained using the methods specified in Annex I and the rules set out in Annex V. Member States that permit the use of such equivalent methods or rules shall provide the Commission with all relevant information about the methods or rules used and their equivalence.

Article 4

Bathing water quality assessment

1.   Member States shall ensure that sets of bathing water quality data are compiled through the monitoring of the parameters set out in Annex I, column A.

2.   Bathing water quality assessments shall be carried out:

| (a) | in relation to each bathing water; |
| --- | --- |

(a)

in relation to each bathing water;

| (b) | after the end of each bathing season; |
| --- | --- |

(b)

after the end of each bathing season;

| (c) | on the basis of the set of bathing water quality data compiled in relation to that bathing season and the three preceding bathing seasons; and |
| --- | --- |

(c)

on the basis of the set of bathing water quality data compiled in relation to that bathing season and the three preceding bathing seasons; and

| (d) | in accordance with the procedure set out in Annex II. |
| --- | --- |

(d)

in accordance with the procedure set out in Annex II.

However, a Member State may decide to carry out bathing water quality assessments on the basis of the set of bathing water quality data compiled in relation to the preceding three bathing seasons only. If it so decides, it shall notify the Commission beforehand. It shall also notify the Commission if it subsequently decides to revert to carrying out assessments on the basis of four bathing seasons. Member States may not change the applicable assessment period more than once every five years.

3.   Sets of bathing water data used to carry out bathing water quality assessments shall always comprise at least 16 samples or, in the special circumstances referred to in Annex IV, paragraph 2, 12 samples.

4.   However, provided that either:

| — | the requirement of paragraph 3 is satisfied; or |
| --- | --- |

—

the requirement of paragraph 3 is satisfied; or

| — | the set of bathing water data used to carry out the assessment comprises at least 8 samples, in the case of bathing waters with a bathing season not exceeding 8 weeks, |
| --- | --- |

—

the set of bathing water data used to carry out the assessment comprises at least 8 samples, in the case of bathing waters with a bathing season not exceeding 8 weeks,

a bathing water quality assessment may be carried out on the basis of a set of bathing water quality data relating to fewer than four bathing seasons if:

| (a) | the bathing water is newly identified; |
| --- | --- |

(a)

the bathing water is newly identified;

| (b) | any changes have occurred that are likely to affect the classification of the bathing water in accordance with Article 5, in which case the assessment shall be carried out on the basis of a set of bathing water quality data consisting solely of the results for samples collected since the changes occurred; or |
| --- | --- |

(b)

any changes have occurred that are likely to affect the classification of the bathing water in accordance with Article 5, in which case the assessment shall be carried out on the basis of a set of bathing water quality data consisting solely of the results for samples collected since the changes occurred; or

| (c) | the bathing water had already been assessed in accordance with Directive 76/160/EEC, in which case equivalent data gathered under that Directive shall be used and, for this purpose, parameters 2 and 3 of the Annex to Directive 76/160/EEC shall be deemed to be equivalent to parameters 2 and 1 of column A of Annex I to this Directive. |
| --- | --- |

(c)

the bathing water had already been assessed in accordance with Directive 76/160/EEC, in which case equivalent data gathered under that Directive shall be used and, for this purpose, parameters 2 and 3 of the Annex to Directive 76/160/EEC shall be deemed to be equivalent to parameters 2 and 1 of column A of Annex I to this Directive.

5.   Member States may subdivide or group together existing bathing waters in the light of bathing water quality assessments. They may group existing bathing waters together only if these waters:

| (a) | are contiguous; |
| --- | --- |

(a)

are contiguous;

| (b) | received similar assessments for the preceding four years in accordance with paragraphs 2, 3 and 4(c); and |
| --- | --- |

(b)

received similar assessments for the preceding four years in accordance with paragraphs 2, 3 and 4(c); and

| (c) | have bathing water profiles all of which identify common risk factors or the absence thereof. |
| --- | --- |

(c)

have bathing water profiles all of which identify common risk factors or the absence thereof.

Article 5

Classification and quality status of bathing waters

1.   As a result of the bathing water quality assessment carried out in accordance with Article 4, Member States shall, in accordance with the criteria set out in Annex II, classify bathing water as:

| (a) | ‘poor’; |
| --- | --- |

(a)

‘poor’;

| (b) | ‘sufficient’; |
| --- | --- |

(b)

‘sufficient’;

| (c) | ‘good’; or |
| --- | --- |

(c)

‘good’; or

| (d) | ‘excellent’. |
| --- | --- |

(d)

‘excellent’.

2.   The first classification according to the requirements of this Directive shall be completed by the end of the
  2011
  bathing season.

3.   Member States shall ensure that, by the end of the
  2011
  bathing season, all bathing waters are at least ‘sufficient’. They shall take
  all necessary
  measures as they consider appropriate with a view to increasing the number of bathing waters classified as ‘excellent’ or ‘good’.

4.   However, notwithstanding the general requirement of paragraph 3, bathing waters may temporarily be classified as ‘poor’ and still remain in compliance with this Directive. The reasons for the failure to achieve ‘sufficient’ quality status shall have been identified. In such cases, Member States shall ensure that the following conditions are satisfied:

| (a) | In respect of each bathing water classified as ‘poor’, the following measures shall be taken with effect from the bathing season that follows its classification:






  (i) | adequate management measures, including a bathing prohibition or advice against bathing, with a view to preventing bathers' exposure to pollution; |
| --- | --- | --- |

(a)

In respect of each bathing water classified as ‘poor’, the following measures shall be taken with effect from the bathing season that follows its classification:

(i)

adequate management measures, including a bathing prohibition or advice against bathing, with a view to preventing bathers' exposure to pollution;

| (ii) | identification of the causes and reasons for the failure to achieve ‘sufficient’ quality status; |
| --- | --- |

(ii)

identification of the causes and reasons for the failure to achieve ‘sufficient’ quality status;

| (iii) | adequate measures
  to prevent, reduce or eliminate the causes of pollution; and |
| --- | --- |

(iii)

adequate measures
  to prevent, reduce or eliminate the causes of pollution; and

| (iv) | alerting the public by a clear and simple warning sign and informing them of the causes of the pollution and all measures undertaken, on the basis of the bathing water profile. |
| --- | --- |

(iv)

alerting the public by a clear and simple warning sign and informing them of the causes of the pollution and all measures undertaken, on the basis of the bathing water profile.

| (b) | If a bathing water is classified as ‘poor’ for five consecutive years, a permanent bathing prohibition or permanent advice against bathing shall be introduced. However, a Member State may introduce a permanent bathing prohibition or permanent advice against bathing before the end of the five-year period if it considers that the achievement of ‘sufficient’ quality would be infeasible or disproportionately expensive. |
| --- | --- |

(b)

If a bathing water is classified as ‘poor’ for five consecutive years, a permanent bathing prohibition or permanent advice against bathing shall be introduced. However, a Member State may introduce a permanent bathing prohibition or permanent advice against bathing before the end of the five-year period if it considers that the achievement of ‘sufficient’ quality would be infeasible or disproportionately expensive.

5.   Whenever a permanent bathing prohibition or permanent advice against bathing is introduced, the public shall be informed that the area concerned is no longer a bathing water, with reasons being given for its declassification.

Article 6

Bathing water profiles

1.   Member States shall ensure that bathing water profiles are established in accordance with Annex III. Each bathing water profile may cover a single bathing water or two or more contiguous bathing waters. Bathing water profiles shall be established for the first time by ... (14).

2.   Bathing water profiles shall be reviewed and updated as provided for in Annex III.

3.   When establishing, reviewing and updating bathing water profiles, adequate use shall be made of data obtained from monitoring and assessments carried out pursuant to Directive 2000/60/EC that are relevant for this Directive.

Article 7

Management measures in exceptional circumstances

1.
     Member States shall
  establish emergency plans for events such as floods, accidents or infrastructure breakdowns which may have an adverse impact on bathing water quality. Such plans shall identify potential causes and risks of impacts, establish surveillance and/or early warning systems and provide guidance on prevention or mitigation of damage.

2.
     
  Member States shall ensure that comprehensive national and/or local surveillance and early warning systems are established, improved or maintained which will:

| (a) | identify incidents of pollution or significant risks of such incidents which may have an adverse effect on bathing water quality, including those resulting from extreme weather conditions; |
| --- | --- |

(a)

identify incidents of pollution or significant risks of such incidents which may have an adverse effect on bathing water quality, including those resulting from extreme weather conditions;

| (b) | give prompt and clear notification to the relevant public authorities of such incidents or risks; |
| --- | --- |

(b)

give prompt and clear notification to the relevant public authorities of such incidents or risks;

| (c) | in the event of any imminent risk to public health, disseminate to those members of the public who may be affected all the relevant information that is held by a public authority and which could help the public to prevent or mitigate harm; |
| --- | --- |

(c)

in the event of any imminent risk to public health, disseminate to those members of the public who may be affected all the relevant information that is held by a public authority and which could help the public to prevent or mitigate harm;

| (d) | make recommendations to the relevant public authorities and, where appropriate, to the public about preventive and remedial actions; |
| --- | --- |

(d)

make recommendations to the relevant public authorities and, where appropriate, to the public about preventive and remedial actions;

| (e) | ensure that, in the event of an emergency situation, temporary signs are posted in prominent locations at the bathing water site. |
| --- | --- |

(e)

ensure that, in the event of an emergency situation, temporary signs are posted in prominent locations at the bathing water site.

3.
     
  Member States shall ensure that the relevant public authorities have the necessary capacity to respond to such incidents or risks in accordance with the relevant emergency plan.

4.
     
  Surveillance and early warning systems, emergency plans and response capacities in relation to incidents and threats to bathing water quality may be combined with those in relation to other matters.

Article 8

Cyanobacterial risks

1.   When the bathing water profile indicates a potential for cyanobacterial proliferation, appropriate monitoring shall be carried out to enable timely identification of health risks.

2.   When cyanobacterial proliferation occurs and a health risk has been identified or presumed, adequate management measures shall be taken immediately to prevent exposure, including information to the public.

Article 9

Other parameters

1.   When the bathing water profile indicates a tendency for proliferation of macro-algae and/or marine phytoplankton, investigations shall be undertaken to determine their acceptability and health risks and adequate management measures shall be taken, including information to the public.

2.   Bathing waters shall be inspected visually for pollution such as tarry residues, glass, plastic, rubber or any other waste. When such pollution is found, adequate management measures shall be taken, including, if necessary, information to the public.

Article 10

Cooperation on transboundary waters

Wherever a river basin gives rise to transboundary impacts on bathing water quality, the Member States involved shall cooperate as appropriate in implementing this Directive, including through the appropriate exchange of information and joint action to control those impacts.

CHAPTER III

EXCHANGE OF INFORMATION

Article 11

Public participation

Member States shall
  ensure that all interested parties, including those at local level, are consulted and allowed to participate in establishing, reviewing and updating the list of bathing waters, bathing water profiles and the management measures. Member States shall inform the Commission and the public of the way(s) in which this is organised.

Article 12

Information to the public

1.   Member States shall ensure that the following information is actively disseminated and promptly made available during the bathing season in an easily accessible place in the near vicinity of each bathing water:

| (a) | the current bathing water classification; |
| --- | --- |

(a)

the current bathing water classification;

| (b) | a general description of the bathing water, in non-technical language, based on the bathing water profile established in accordance with Annex III.
  It shall display prominently a Commission-approved symbol to advise users of the current status of bathing water quality; |
| --- | --- |

(b)

a general description of the bathing water, in non-technical language, based on the bathing water profile established in accordance with Annex III.
  It shall display prominently a Commission-approved symbol to advise users of the current status of bathing water quality;

| (c) | in the case of bathing waters subject to short-term pollution:






  — | notification that the bathing water is subject to short-term pollution, |
| --- | --- | --- |

(c)

in the case of bathing waters subject to short-term pollution:

—

notification that the bathing water is subject to short-term pollution,

| — | an indication of the number of days on which bathing was prohibited or advised against during the preceding bathing season because of such pollution, and |
| --- | --- |

—

an indication of the number of days on which bathing was prohibited or advised against during the preceding bathing season because of such pollution, and

| — | a warning whenever such pollution is predicted or present; |
| --- | --- |

—

a warning whenever such pollution is predicted or present;

| (d) | information on the nature and expected duration of abnormal situations during such events; |
| --- | --- |

(d)

information on the nature and expected duration of abnormal situations during such events;

| (e) | whenever bathing is prohibited or advised against, a notice advising the public and giving reasons; |
| --- | --- |

(e)

whenever bathing is prohibited or advised against, a notice advising the public and giving reasons;

| (f) | in the event of a bathing water being removed from the list of bathing waters, a notice advising the public of such a removal and giving the reasons for it. Such notice shall be put up in the immediate vicinity of the water during the bathing season of the year that the removal takes place and the following year. It shall include warning signs at the beach and shall also indicate to the public the nearest available bathing water; and |
| --- | --- |

(f)

in the event of a bathing water being removed from the list of bathing waters, a notice advising the public of such a removal and giving the reasons for it. Such notice shall be put up in the immediate vicinity of the water during the bathing season of the year that the removal takes place and the following year. It shall include warning signs at the beach and shall also indicate to the public the nearest available bathing water; and

| (g) | an indication of sources of more complete information. |
| --- | --- |

(g)

an indication of sources of more complete information.

2.
     
  In the event of an emergency, public authorities shall work together with all interested parties to ensure that the public is informed of any potential hazards clearly and coherently via temporary signs posted at the bathing site.

3.   Member States shall use appropriate media and technologies, including the Internet,
  to disseminate as quickly as possible
  the information,
  including at least English and French translations thereof,
  concerning bathing waters referred to in paragraph 1 and also the following information:

| (a) | a list of bathing waters; |
| --- | --- |

(a)

a list of bathing waters;

| (b) | the classification of each bathing water over the last three years and its bathing water profile, including the results of monitoring carried out in accordance with this Directive since the last classification.
  Results of water inspection shall be available on the Internet within a week; |
| --- | --- |

(b)

the classification of each bathing water over the last three years and its bathing water profile, including the results of monitoring carried out in accordance with this Directive since the last classification.
  Results of water inspection shall be available on the Internet within a week;

| (c) | in the case of bathing waters classified as being ‘poor’, information on the causes of pollution and measures taken with a view to preventing bathers' exposure to pollution and to tackle its causes as referred to in Article 5(4); and |
| --- | --- |

(c)

in the case of bathing waters classified as being ‘poor’, information on the causes of pollution and measures taken with a view to preventing bathers' exposure to pollution and to tackle its causes as referred to in Article 5(4); and

| (d) | in the case of bathing waters subject to short-term pollution, general information on:






  — | conditions likely to lead to short-term pollution, |
| --- | --- | --- |

(d)

in the case of bathing waters subject to short-term pollution, general information on:

—

conditions likely to lead to short-term pollution,

| — | the likelihood of such pollution and its likely duration, |
| --- | --- |

—

the likelihood of such pollution and its likely duration,

| — | the causes of the pollution and measures taken with a view to preventing bathers' exposure to pollution and to tackle its causes. |
| --- | --- |

—

the causes of the pollution and measures taken with a view to preventing bathers' exposure to pollution and to tackle its causes.

The list referred to in point (a) shall be available each year before the start of the bathing season. The results of monitoring shall be made available within a week.

4.   The information referred to in paragraphs 1 and 3 shall be disseminated as soon as it is available and with effect from the start of the fifth bathing season following the date referred to in Article 18(1).

5.
     
  The Commission shall, after hearing the Member States, relevant tourist and consumer organisations, environmental organisations and other interested parties, develop within two years a simple standardised system of symbols which can be used in different matters by Member States, regional or local authorities, the tourist industry etc. as one among other information tools designed to provide information to the public. The system must be available on an EU website.

Article 13

Reports

1.   Member States shall provide the Commission with the results of the monitoring and with the bathing water quality assessment for each bathing water, as well as with a description of significant management measures taken. Member States shall provide this information annually by 31 December in relation to the preceding bathing season. They shall begin providing it once the first bathing water quality assessment has been carried out in accordance with Article 4.

2.   Member States shall notify the Commission annually before the start of the bathing season of all waters identified as bathing waters, including the reason for any change compared to the preceding year. They shall do so for the first time before the start of the first bathing season following the date referred to in Article 18(1).

3.   When monitoring of bathing water has started under this Directive, annual reporting to the Commission in accordance with paragraph 1 shall continue to take place pursuant to Directive 76/160/EEC until a first assessment can be made under this Directive. During that period, parameter 1 of the Annex to Directive 76/160/EEC shall not be taken into account in the annual report, and parameters 2 and 3 of the Annex to Directive 76/160/EEC shall be assumed to be equivalent to parameters 2 and 1 of column A of Annex I to this Directive.

4.   The Commission shall publish an annual summary report on bathing water quality in the Community, including bathing water classifications, conformity with this Directive and significant management measures undertaken. The Commission shall publish this report by 30 April every year, including via the Internet. When establishing the report the Commission shall, wherever possible, make best use of data collection, assessment and presentation systems under related Community legislation, in particular Directive 2000/60/EC.

CHAPTER IV

FINAL PROVISIONS

Article 14

Report and review

1.   The Commission shall, by 2018, submit a report to the European Parliament and to the Council reviewing the implementation of this Directive.

2.   The report shall have particular regard to:

| (a) | the results of an appropriate European epidemiological study conducted by the Commission in collaboration with Member States; |
| --- | --- |

(a)

the results of an appropriate European epidemiological study conducted by the Commission in collaboration with Member States;

| (b) | other scientific, analytical and epidemiological developments relevant to the parameters for bathing water quality; and |
| --- | --- |

(b)

other scientific, analytical and epidemiological developments relevant to the parameters for bathing water quality; and

| (c) | World Health Organisation recommendations. |
| --- | --- |

(c)

World Health Organisation recommendations.

3.   In the light of that report, and of an extended impact assessment, the Commission
  shall, no later than 2020, review
  this Directive
  with particular regard to the parameters for bathing water quality, and shall present if necessary appropriate legislative proposals in accordance with Article 251 of the Treaty.

Article 15

Technical adaptations and implementing measures

It
  shall
  be decided in accordance with the procedure referred to in Article 16(2):

| (a) | to specify the EN/ISO standard on the equivalence of microbiological methods for the purposes of Article 3(9); |
| --- | --- |

(a)

to specify the EN/ISO standard on the equivalence of microbiological methods for the purposes of Article 3(9);

| (b) | to lay down detailed rules for the implementation of Articles 8(1) and 12(5); |
| --- | --- |

(b)

to lay down detailed rules for the implementation of Articles 8(1) and 12(5);

| (c) | to adapt the methods of analysis for the parameters set out in Annex I in the light of scientific and technical progress; |
| --- | --- |

(c)

to adapt the methods of analysis for the parameters set out in Annex I in the light of scientific and technical progress;

| (d) | to review the parameters in Annex I concerning virus detection on the basis of scientific results; |
| --- | --- |

(d)

to review the parameters in Annex I concerning virus detection on the basis of scientific results;

| (e) | to adapt Annex V in the light of scientific and technical progress; |
| --- | --- |

(e)

to adapt Annex V in the light of scientific and technical progress;

| (f) | to lay down guidelines for a common method for the assessment of single samples. |
| --- | --- |

(f)

to lay down guidelines for a common method for the assessment of single samples.

Article 16

Committee procedure

1.   The Commission shall be assisted by a committee.

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

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

3.   The Committee shall adopt its rules of procedure.

Article 17

Repeal

1.   Directive 76/160/EEC is hereby repealed with effect from 31 December 2014. Subject to paragraph 2, this repeal shall be without prejudice to Member States' obligations concerning the time limits for transposition and application set out in the repealed Directive.

2.   As soon as a Member State has taken all necessary legal, administrative and practical measures to comply with this Directive, this Directive will be applicable, replacing Directive 76/160/EEC.

3.   References to the repealed Directive 76/160/EEC shall be construed as being made to this Directive.

4.
     
  The quality status ‘sufficient’ shall apply only for a period of eight years after the entry into force of this Directive and shall not be renewed.

Article 18

Implementation

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ... (15). They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2.   Member States shall communicate to the Commission the texts of the main provisions of national law that they adopt in the field covered by this Directive.

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 20

Addressees

This Directive is addressed to Member States.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  
  OJ C 45 E, 25.2.2003, p. 127.

1

OJ C 45 E, 25.2.2003, p. 127.

(2)  OJ C 220, 16.9.2003, p. 39.

2

(3)  OJ C 244, 10.10.2003, p. 31.

3

(4)  Position of the European Parliament of 21 October 2003 (OJ C 82 E, 1.4.2004, p.116
  ). Council Common Position of 20 December 2004 (not yet published in the Official Journal) and Position of the European Parliament of 10 May 2005.

4

Position

p.116

20 December 2004

10 May 2005

(5)  OJ L 242, 10.9.2002, p. 1.

5

(6)  OJ L 31, 5.2.1976, p. 1. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

6

(7)  OJ L 135, 30.5.1991, p. 40. 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).

7

(8)  OJ L 375, 31.12.1991, p. 1. Directive as amended by Regulation (EC) No 1882/2003.

8

(9)  OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision No 2455/2001/EC (OJ L 331, 15.12.2001, p. 1).

9

(10)  

  OJ L 41, 14.2.2003, p. 26.

10

OJ L 41, 14.2.2003, p. 26.

(11)  

  OJ L 156, 25.6.2003, p. 17.

11

OJ L 156, 25.6.2003, p. 17.

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

12

(13)  OJ L 175, 5.7.1985, p. 40. Directive as last amended by Directive 2003/35/EC.

13

2003/35/EC

(14)  
  Five
  years after the date of entry into force of this Directive.

14

Five

(15)  
  Two
  years after the date of entry into force of this Directive.

15

Two

ANNEX I

FOR INLAND WATERS

| | A | Β | c | D | Ε |
| --- | --- | --- | --- | --- | --- |
| | Parameter | Excellent quality | Good quality | Sufficient quality | Reference methods of analysis |
| 1 | Intestinal Enterococci (cfu/100 ml) | 200 (1) | 400 (1) | 450

   (1) | ISO 7899-1 or ISO 7899-2 |
| 2 | Escherichia coli (cfu/100 ml) | 500 (1) | 1 000 (1) | 1 100

   (1) | ISO 9308-3 or ISO 9308-1 |

A

Β

c

D

Ε

Parameter

Excellent quality

Good quality

Sufficient quality

Reference methods of analysis

1

Intestinal Enterococci (cfu/100 ml)

200 (1)

400 (1)

450

   (1)

ISO 7899-1 or ISO 7899-2

2

Escherichia coli (cfu/100 ml)

500 (1)

1 000 (1)

1 100

   (1)

ISO 9308-3 or ISO 9308-1

FOR COASTAL WATERS AND TRANSITIONAL WATERS

| | A | Β | c | D | Ε |
| --- | --- | --- | --- | --- | --- |
| | Parameter | Excellent quality | Good quality | Sufficient quality | Reference methods of analysis |
| 1 | Intestinal Enterococci (cfu/100 ml) | 100 (2) | 200 (2) | 250

   (2) | ISO 7899-1 or ISO 7899-2 |
| 2 | Escherichia coli (cfu/100 ml) | 250 (2) | 500 (2) | 550

   (2) | ISO 9308-3 or ISO 9308-1 |

A

Β

c

D

Ε

Parameter

Excellent quality

Good quality

Sufficient quality

Reference methods of analysis

1

Intestinal Enterococci (cfu/100 ml)

100 (2)

200 (2)

250

   (2)

ISO 7899-1 or ISO 7899-2

2

Escherichia coli (cfu/100 ml)

250 (2)

500 (2)

550

   (2)

ISO 9308-3 or ISO 9308-1

---

(1)  Based upon a 95-percentile evaluation. See
  Annex II.

(2)  Based upon a 95-percentile evaluation. See
  Annex II.

ANNEX II

BATHING WATER ASSESSMENT AND CLASSIFICATION

1.   POOR QUALITY

Bathing waters are to be classified as ‘poor’ if, in the set of bathing water quality data for the last assessment period (1), the percentile values (2) for microbiological enumerations are worse (3) than the ‘sufficient’ values set out in Annex I, column D.

2.   SUFFICIENT QUALITY

Bathing waters are to be classified as ‘sufficient’:

| 1) | if, in the set of bathing water quality data for the last assessment period, the percentile values for microbiological enumerations are equal to or better (4) than the ‘sufficient’ values set out in Annex I, column D; and |
| --- | --- |

1)

if, in the set of bathing water quality data for the last assessment period, the percentile values for microbiological enumerations are equal to or better (4) than the ‘sufficient’ values set out in Annex I, column D; and

| 2) | if the bathing water is subject to short-term pollution, on condition that:






  (i) | adequate management measures are being taken, including surveillance, early warning systems and monitoring, with a view to preventing bathers' exposure, by means of a warning or, where necessary, a bathing prohibition; |
| --- | --- | --- |

2)

if the bathing water is subject to short-term pollution, on condition that:

(i)

adequate management measures are being taken, including surveillance, early warning systems and monitoring, with a view to preventing bathers' exposure, by means of a warning or, where necessary, a bathing prohibition;

| (ii) | adequate management measures are being taken to prevent, reduce or eliminate the causes of pollution; and |
| --- | --- |

(ii)

adequate management measures are being taken to prevent, reduce or eliminate the causes of pollution; and

| (iii) | the number of samples disregarded in accordance with Article 3(6) because of short-term pollution during the last assessment period represented no more than 15 % of the total number of samples provided for in the monitoring calendars established for that period, or no more than one sample per bathing season, whichever is the greater. |
| --- | --- |

(iii)

the number of samples disregarded in accordance with Article 3(6) because of short-term pollution during the last assessment period represented no more than 15 % of the total number of samples provided for in the monitoring calendars established for that period, or no more than one sample per bathing season, whichever is the greater.

3.   GOOD QUALITY

Bathing waters are to be classified as ‘good’:

| 1) | if, in the set of bathing water quality data for the last assessment period, the percentile values for microbiological enumerations are equal to or better than the ‘good quality’ values set out in Annex I, column C; and |
| --- | --- |

1)

if, in the set of bathing water quality data for the last assessment period, the percentile values for microbiological enumerations are equal to or better than the ‘good quality’ values set out in Annex I, column C; and

| 2) | if the bathing water is subject to short-term pollution, on condition that:






  (i) | adequate management measures are being taken, including surveillance, early warning systems and monitoring, with a view to preventing bathers' exposure, by means of a warning or, where necessary, a bathing prohibition; |
| --- | --- | --- |

2)

if the bathing water is subject to short-term pollution, on condition that:

(i)

adequate management measures are being taken, including surveillance, early warning systems and monitoring, with a view to preventing bathers' exposure, by means of a warning or, where necessary, a bathing prohibition;

| (ii) | adequate management measures are being taken to prevent, reduce or eliminate the causes of pollution; and |
| --- | --- |

(ii)

adequate management measures are being taken to prevent, reduce or eliminate the causes of pollution; and

| (iii) | the number of samples disregarded in accordance with Article 3(6) because of short-term pollution during the last assessment period represented no more than 15 % of the total number of samples provided for in the monitoring calendars established for that period, or no more than one sample per bathing season, whichever is the greater. |
| --- | --- |

(iii)

the number of samples disregarded in accordance with Article 3(6) because of short-term pollution during the last assessment period represented no more than 15 % of the total number of samples provided for in the monitoring calendars established for that period, or no more than one sample per bathing season, whichever is the greater.

4.   EXCELLENT QUALITY

Bathing waters are to be classified as ‘excellent’:

| 1) | if, in the set of bathing water quality data for the last assessment period, the percentile values for microbiological enumerations are equal to or better than the ‘excellent quality’ values set out in Annex I, column B; and |
| --- | --- |

1)

if, in the set of bathing water quality data for the last assessment period, the percentile values for microbiological enumerations are equal to or better than the ‘excellent quality’ values set out in Annex I, column B; and

| 2) | if the bathing water is subject to short-term pollution, on condition that:






  (i) | adequate management measures are being taken, including surveillance, early warning systems and monitoring, with a view to preventing bathers' exposure, by means of a warning or, where necessary, a bathing prohibition; |
| --- | --- | --- |

2)

if the bathing water is subject to short-term pollution, on condition that:

(i)

adequate management measures are being taken, including surveillance, early warning systems and monitoring, with a view to preventing bathers' exposure, by means of a warning or, where necessary, a bathing prohibition;

| (ii) | adequate management measures are being taken to prevent, reduce or eliminate the causes of pollution; and |
| --- | --- |

(ii)

adequate management measures are being taken to prevent, reduce or eliminate the causes of pollution; and

| (iii) | the number of samples disregarded in accordance with Article 3(6) because of short-term pollution during the last assessment period represented no more than 15 % of the total number of samples provided for in the monitoring calendars established for that period, or no more than one sample per bathing season, whichever is the greater. |
| --- | --- |

(iii)

the number of samples disregarded in accordance with Article 3(6) because of short-term pollution during the last assessment period represented no more than 15 % of the total number of samples provided for in the monitoring calendars established for that period, or no more than one sample per bathing season, whichever is the greater.

NOTES

---

(1)  ‘Last assessment period’ means the last four bathing seasons or, when applicable, the period specified in Article 4(2) or (4).

(2)  Based upon percentile evaluation of the log10 normal probability density function of microbiological data acquired from the particular bathing water, the percentile value is derived as follows:

| (i) | Take the log10 value of all bacterial enumerations in the data sequence to be evaluated. (If a zero value is obtained, take the log10 value of the minimum detection limit of the analytical method used instead.) |
| --- | --- |

(i)

Take the log10 value of all bacterial enumerations in the data sequence to be evaluated. (If a zero value is obtained, take the log10 value of the minimum detection limit of the analytical method used instead.)

| (ii) | Calculate the arithmetic mean of the log10 values (μ). |
| --- | --- |

(ii)

Calculate the arithmetic mean of the log10 values (μ).

| (iii) | Calculate the standard deviation of the log10

  values (σ). |
| --- | --- |

(iii)

Calculate the standard deviation of the log10

  values (σ).

The
  upper 95-percentile point of the data probability density function is derived from the following equation: upper 95-percentile = antilog (μ + 1,65 σ).

(3)  ‘Worse’ means with higher concentration values expressed in cfu/100 ml.

(4)  ‘Better’ means with lower concentration values expressed in cfu/100 ml.

ANNEX III

THE BATHING WATER PROFILE

| 1. | The bathing water profile referred to in Article 6 is to consist of:






  (a) | a description of the physical, geographical and hydrological characteristics of the bathing water, and of other surface waters in the catchment area of the bathing water concerned, that could be a source of pollution, which are relevant to the purpose of this Directive and as provided for in Directive 2000/60/EC; |
| --- | --- | --- |

1.

The bathing water profile referred to in Article 6 is to consist of:

(a)

a description of the physical, geographical and hydrological characteristics of the bathing water, and of other surface waters in the catchment area of the bathing water concerned, that could be a source of pollution, which are relevant to the purpose of this Directive and as provided for in Directive 2000/60/EC;

| (b) | an identification and assessment of causes of pollution that might affect bathing waters and impair bathers' health; |
| --- | --- |

(b)

an identification and assessment of causes of pollution that might affect bathing waters and impair bathers' health;

| (c) | an assessment of the potential for proliferation of cyanobacteria; |
| --- | --- |

(c)

an assessment of the potential for proliferation of cyanobacteria;

| (d) | an assessment of the potential for proliferation of macro-algae and/or phytoplankton; |
| --- | --- |

(d)

an assessment of the potential for proliferation of macro-algae and/or phytoplankton;

| (e) | if the assessment under point (b) shows that there is a risk of short-term pollution, the following information:






  — | the anticipated nature, frequency and duration of expected short-term pollution, |
| --- | --- | --- |

(e)

if the assessment under point (b) shows that there is a risk of short-term pollution, the following information:

—

the anticipated nature, frequency and duration of expected short-term pollution,

| — | details of any remaining causes of pollution, including management measures taken and the time schedule for their elimination, |
| --- | --- |

—

details of any remaining causes of pollution, including management measures taken and the time schedule for their elimination,

| — | management measures taken during short-term pollution and the identity and contact details of bodies responsible for taking such action; |
| --- | --- |

—

management measures taken during short-term pollution and the identity and contact details of bodies responsible for taking such action;

| (f) | the location of the monitoring point. |
| --- | --- |

(f)

the location of the monitoring point.

| 2. | In the case of bathing waters classified as ‘good’, ‘sufficient’ or ‘poor’, the bathing water profile is to be reviewed regularly to assess whether any of the aspects listed in paragraph 1 have changed. If necessary, it is to be updated. The frequency and scope of reviews is to be determined on the basis of the nature and severity of the pollution. However, they are to comply with at least the provisions and to take place with at least the frequency specified in the following table.








  Bathing water classification | Good | Sufficient | Poor |
| --- | --- | --- | --- | --- |
| Reviews are to take place at least every | 4 years | 3 years | 2 years |
| Aspects to be reviewed (points of paragraph 1) | (a) to (f) | (a) to (f) | (a) to (f) |

2.

In the case of bathing waters classified as ‘good’, ‘sufficient’ or ‘poor’, the bathing water profile is to be reviewed regularly to assess whether any of the aspects listed in paragraph 1 have changed. If necessary, it is to be updated. The frequency and scope of reviews is to be determined on the basis of the nature and severity of the pollution. However, they are to comply with at least the provisions and to take place with at least the frequency specified in the following table.

Bathing water classification

Good

Sufficient

Poor

Reviews are to take place at least every

4 years

3 years

2 years

Aspects to be reviewed (points of paragraph 1)

(a) to (f)

(a) to (f)

(a) to (f)

In the case of bathing waters previously classified as ‘excellent’, the bathing water profiles need to be reviewed and, if necessary, updated only if the classification changes to ‘good’, ‘sufficient’ or ‘poor’. The review is to cover all aspects mentioned in paragraph 1.

| 3. | In the event of significant construction works or significant changes in the infrastructure in or in the vicinity of the bathing water, the bathing water profile is to be updated before the start of the next bathing season. |
| --- | --- |

3.

In the event of significant construction works or significant changes in the infrastructure in or in the vicinity of the bathing water, the bathing water profile is to be updated before the start of the next bathing season.

| 4. | The
  information referred to in paragraph 1 (a) and (b) is to be provided on a detailed map. |
| --- | --- |

4.

The
  information referred to in paragraph 1 (a) and (b) is to be provided on a detailed map.

| 5. | Other relevant information may be attached or included if the competent authority considers it appropriate. |
| --- | --- |

5.

Other relevant information may be attached or included if the competent authority considers it appropriate.

ANNEX IV

BATHING WATER MONITORING

| 1. | One sample is to be taken shortly before the start of each bathing season. Taking account of this extra sample and subject to paragraph 2, no fewer than four samples are to be taken and analysed per bathing season. |
| --- | --- |

1.

One sample is to be taken shortly before the start of each bathing season. Taking account of this extra sample and subject to paragraph 2, no fewer than four samples are to be taken and analysed per bathing season.

| 2. | However, only three samples need be taken and analysed per bathing season in the case of a bathing water that either:






  (a) | has a bathing season not exceeding eight weeks; or |
| --- | --- | --- |

2.

However, only three samples need be taken and analysed per bathing season in the case of a bathing water that either:

(a)

has a bathing season not exceeding eight weeks; or

| (b) | is situated in a region subject to special geographical constraints. |
| --- | --- |

(b)

is situated in a region subject to special geographical constraints.

| 3. | Sampling dates are to be distributed throughout the bathing season, with the interval between sampling dates never exceeding one month. |
| --- | --- |

3.

Sampling dates are to be distributed throughout the bathing season, with the interval between sampling dates never exceeding one month.

| 4. | In the event of short-term pollution, one additional sample is to be taken to confirm that the incident has ended. This sample is not to be part of the set of bathing water quality data. If necessary to replace a disregarded sample, an additional sample is to be taken seven days after the end of the short-term pollution. |
| --- | --- |

4.

In the event of short-term pollution, one additional sample is to be taken to confirm that the incident has ended. This sample is not to be part of the set of bathing water quality data. If necessary to replace a disregarded sample, an additional sample is to be taken seven days after the end of the short-term pollution.

ANNEX V

RULES ON THE HANDLING OF SAMPLES FOR MICROBIOLOGICAL ANALYSES

1.   SAMPLING POINT

Where possible, samples are to be taken 30 centimetres below the water's surface and in water that is at least 1 metre deep.

2.   STERILISATION OF SAMPLE BOTTLES

Sample bottles are:

| — | to undergo sterilisation in an autoclave for at least 15 minutes at 121 °C; or |
| --- | --- |

—

to undergo sterilisation in an autoclave for at least 15 minutes at 121 °C; or

| — | to undergo dry sterilisation at between 160 °C and 170 °C for at least one hour; or |
| --- | --- |

—

to undergo dry sterilisation at between 160 °C and 170 °C for at least one hour; or

| — | to be irradiated sample containers obtained directly from manufacturer. |
| --- | --- |

—

to be irradiated sample containers obtained directly from manufacturer.

3.   SAMPLING

The volume of the sampling bottle/container is to depend on the quantity of water needed for each parameter to be tested. The minimum content is generally 250 ml.

Sample containers are to be of transparent and non-coloured material (glass, polyethene or polypropylene).

In order to prevent accidental contamination of the sample, the sampler is to employ an aseptic technique to maintain the sterility of the sample bottles. There is no further need for sterile equipment (such as sterile surgical gloves or tongs or sample pole) if this is done properly.

The sample is to be clearly identified in indelible ink on the sample and on the sampling form.

4.   STORAGE AND TRANSPORT OF SAMPLES BEFORE ANALYSIS

Water samples are to be protected at all stages of transport from exposure to light, in particular direct sunlight.

The sample is to be conserved at a temperature of around 4 °C, in a cool box or refrigerator (depending on (climate), until arrival at the laboratory. If the transport to the laboratory is likely to take more than 4 hours, then transport in a refrigerator is required.

The time between sampling and analysis is to be kept as short as possible. It is recommended that samples be analysed on the same working day. If this is not possible for practical reasons, then the samples are to be processed within no more than 24 hours. In the meantime, they are to be stored in the dark and at a temperature of 4 °C ± 3 °C.
  In the event of delay between sampling and analysis, the concentration of bacteria measured shall be adjusted by the known formulae of T-90 decay to give the concentration of bacteria at the time of sampling.

P6_TA(2005)0166

Cross-border mergers ***I

European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council on cross-border mergers of companies with share capital (COM(2003)0703 — C5-0561/2003 — 2003/0277(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 0703) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 0703) (1),

| — | having regard to Article 251 (2) and Article 44(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0561/2003), |
| --- | --- |

—

having regard to Article 251 (2) and Article 44(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0561/2003),

| — | 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 Legal Affairs and the opinion of the Committee on Employment and Social Affairs (A6-0089/2005), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Employment and Social Affairs (A6-0089/2005),

| 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)  OJ C ...

P6_TC1-COD(2003)0277

Position of the European Parliament adopted at first reading on 10 May 2005 with a view to the adoption of Directive 2005/.../EC of the European Parliament and of the Council on cross-border mergers of limited liability companies

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article
  44
  thereof,

Having regard to the proposal from the Commission (1),

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

Having regard to the opinion of the Committee of the Regions (1),

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

Whereas:

| (1) | There is a
   need for cooperation and consolidation between
  limited liability
  companies from different Member States.
  However, as regards
  cross-border mergers of
  limited liability
  companies
  , they encounter many legislative and administrative difficulties in the Community. It is therefore
  necessary, with a view to the completion and functioning of the single market, to lay down Community provisions to facilitate the carrying-out of cross-border mergers between various types of company with share capital governed by the laws of different Member States. |
| --- | --- |

(1)

There is a
   need for cooperation and consolidation between
  limited liability
  companies from different Member States.
  However, as regards
  cross-border mergers of
  limited liability
  companies
  , they encounter many legislative and administrative difficulties in the Community. It is therefore
  necessary, with a view to the completion and functioning of the single market, to lay down Community provisions to facilitate the carrying-out of cross-border mergers between various types of company with share capital governed by the laws of different Member States.

| (2) | Since the objectives of the proposed action, namely laying down rules with common features applicable at transnational level, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and impact of the proposed action, be better achieved at Community level, the Community may act
  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 to achieve those objectives. |
| --- | --- |

(2)

Since the objectives of the proposed action, namely laying down rules with common features applicable at transnational level, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and impact of the proposed action, be better achieved at Community level, the Community may act
  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 to achieve those objectives.

| (3) | This Directive facilitates the cross-border merger of limited liability companies as defined in this Directive. The laws of the Member States must allow the cross-border merger of a national limited liability company with a limited liability company from another Member State if the national law of the relevant Member States permits mergers between such types of company. |
| --- | --- |

(3)

This Directive facilitates the cross-border merger of limited liability companies as defined in this Directive. The laws of the Member States must allow the cross-border merger of a national limited liability company with a limited liability company from another Member State if the national law of the relevant Member States permits mergers between such types of company.

| (4) | In order to facilitate cross-border merger operations, it should be laid down that, unless this Directive provides otherwise, each company taking part in a 
  cross-border
  merger, and each third party concerned, remains subject to the provisions
  and formalities
  of
  the
  national law which would be applicable in the case of a national merger. None of the provisions and formalities of national law to which reference is made in this Directive should introduce restrictions on freedom of establishment or on the free movement of capital save where these can be justified in accordance with the case-law of the Court of Justice and in particular by requirements of the general interest and are both necessary for, and proportionate to, the attainment of such overriding requirements. |
| --- | --- |

(4)

In order to facilitate cross-border merger operations, it should be laid down that, unless this Directive provides otherwise, each company taking part in a 
  cross-border
  merger, and each third party concerned, remains subject to the provisions
  and formalities
  of
  the
  national law which would be applicable in the case of a national merger. None of the provisions and formalities of national law to which reference is made in this Directive should introduce restrictions on freedom of establishment or on the free movement of capital save where these can be justified in accordance with the case-law of the Court of Justice and in particular by requirements of the general interest and are both necessary for, and proportionate to, the attainment of such overriding requirements.

| (5) | The common draft terms of cross-border merger must be drawn up in the same terms for each of the companies concerned in the various Member States. The minimum content of such common draft terms should therefore be specified, while leaving the companies free to agree on other items. |
| --- | --- |

(5)

The common draft terms of cross-border merger must be drawn up in the same terms for each of the companies concerned in the various Member States. The minimum content of such common draft terms should therefore be specified, while leaving the companies free to agree on other items.

| (6) | In order to protect the interests of members and others, both the draft terms of
  cross-border
  merger and the completion of the
  cross-border
  merger must be publicised for each merging company via an entry in the appropriate public register. |
| --- | --- |

(6)

In order to protect the interests of members and others, both the draft terms of
  cross-border
  merger and the completion of the
  cross-border
  merger must be publicised for each merging company via an entry in the appropriate public register.

| (7) | The laws of all the Member States provide for the drawing-up
  at national level
  of a report on the draft terms of
  cross-border
  merger by one or more experts on behalf of each of the companies that are
  merging. In
  order to limit experts' costs connected with cross-border mergers, provision should be made for the possibility of drawing up a single report intended for all members of companies taking part in a cross-border merger operation. The common draft terms of cross-border merger must be approved by the general meeting of each of these companies. |
| --- | --- |

(7)

The laws of all the Member States provide for the drawing-up
  at national level
  of a report on the draft terms of
  cross-border
  merger by one or more experts on behalf of each of the companies that are
  merging. In
  order to limit experts' costs connected with cross-border mergers, provision should be made for the possibility of drawing up a single report intended for all members of companies taking part in a cross-border merger operation. The common draft terms of cross-border merger must be approved by the general meeting of each of these companies.

| (8) | In order to facilitate cross-border merger operations, it should be provided that monitoring of the completion and legality of the decision-making process in each merging company should be carried out by the national authority having jurisdiction over each of those companies, whereas monitoring of the completion and legality of the
  cross-border
  merger should be carried out by the national authority having jurisdiction over the company
  resulting from
  the
  cross-border
  merger. The
  national
  authority
  in question
  may be a court, a notary or any other competent authority appointed by the Member State concerned. The national law determining the date on which the
  cross-border
  merger takes effect — this being the law to which the company
  resulting from
  the
  cross-border
  merger is subject — should also be specified. |
| --- | --- |

(8)

In order to facilitate cross-border merger operations, it should be provided that monitoring of the completion and legality of the decision-making process in each merging company should be carried out by the national authority having jurisdiction over each of those companies, whereas monitoring of the completion and legality of the
  cross-border
  merger should be carried out by the national authority having jurisdiction over the company
  resulting from
  the
  cross-border
  merger. The
  national
  authority
  in question
  may be a court, a notary or any other competent authority appointed by the Member State concerned. The national law determining the date on which the
  cross-border
  merger takes effect — this being the law to which the company
  resulting from
  the
  cross-border
  merger is subject — should also be specified.

| (9) | In order to protect the interests of members and others, the legal effects of the cross-border merger — distinguishing according to whether the company
  resulting from
  the
  cross-border
  merger is an acquiring company or a new company — should be specified. In the interests of legal certainty, it should no longer be possible, after the date on which a cross-border merger takes effect, to declare the merger null and void. |
| --- | --- |

(9)

In order to protect the interests of members and others, the legal effects of the cross-border merger — distinguishing according to whether the company
  resulting from
  the
  cross-border
  merger is an acquiring company or a new company — should be specified. In the interests of legal certainty, it should no longer be possible, after the date on which a cross-border merger takes effect, to declare the merger null and void.

| (10) | This Directive is without prejudice to the application of the legislation on the control of concentrations between undertakings, both at the Community level (4) and at the level of Member States. |
| --- | --- |

(10)

This Directive is without prejudice to the application of the legislation on the control of concentrations between undertakings, both at the Community level (4) and at the level of Member States.

| (11) | This Directive does not affect the Community legislation regulating credit intermediaries and other financial undertakings and the national rules made or introduced pursuant to such Community legislation. |
| --- | --- |

(11)

This Directive does not affect the Community legislation regulating credit intermediaries and other financial undertakings and the national rules made or introduced pursuant to such Community legislation.

| (12) | This Directive is without prejudice to a Member State's legislation demanding information on the place of central administration or the principal place of business proposed for the company resulting from the cross-border merger. |
| --- | --- |

(12)

This Directive is without prejudice to a Member State's legislation demanding information on the place of central administration or the principal place of business proposed for the company resulting from the cross-border merger.

| (13) | Employees' rights other than rights of participation should remain subject to the national provisions referred to in Council Directive 98/59/EC of 20 July 1998on collective redundancies (5), Council Directive 2001/23/EC of 12 March 2001 on the safeguarding of employees' rights in the event of transfers of undertakings (6), Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (7) and Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (8). |
| --- | --- |

(13)

Employees' rights other than rights of participation should remain subject to the national provisions referred to in Council Directive 98/59/EC of 20 July 1998on collective redundancies (5), Council Directive 2001/23/EC of 12 March 2001 on the safeguarding of employees' rights in the event of transfers of undertakings (6), Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (7) and Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (8).

| (14) | If
  employees have participation rights in one of the merging companies under the circumstances set out in this Directive
  and if the national law of the Member State in
  which the
  company
  resulting from
  the
  cross-border
  merger
  has its registered office
  does not
  provide for the same level of participation as operated in the relevant merging companies, including in committees of the supervisory board that have decision-making powers, or provide for the same entitlement to exercise rights for employees of establishments resulting from the cross-border merger
  , the participation of employees in the company
  resulting from
  the cross-border merger and their involvement in the definition of such rights must be regulated. To that end, the principles and procedures provided for in Council Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute for a European company (9) and in Council Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European company (10)

  are
  taken as a basis,
  subject, however, to modifications that are deemed necessary because the resulting company will be subject to the national laws of the Member State where it has its registered office. A prompt start to negotiations under Article 14 with a view to not unnecessarily delaying mergers may be ensured by Member States in accordance with Article 3(2) (b) of Directive 2001/86/EC. |
| --- | --- |

(14)

If
  employees have participation rights in one of the merging companies under the circumstances set out in this Directive
  and if the national law of the Member State in
  which the
  company
  resulting from
  the
  cross-border
  merger
  has its registered office
  does not
  provide for the same level of participation as operated in the relevant merging companies, including in committees of the supervisory board that have decision-making powers, or provide for the same entitlement to exercise rights for employees of establishments resulting from the cross-border merger
  , the participation of employees in the company
  resulting from
  the cross-border merger and their involvement in the definition of such rights must be regulated. To that end, the principles and procedures provided for in Council Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute for a European company (9) and in Council Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European company (10)

  are
  taken as a basis,
  subject, however, to modifications that are deemed necessary because the resulting company will be subject to the national laws of the Member State where it has its registered office. A prompt start to negotiations under Article 14 with a view to not unnecessarily delaying mergers may be ensured by Member States in accordance with Article 3(2) (b) of Directive 2001/86/EC.

| (15) | For the purpose of determining the level of participation operated in the relevant merging companies, account should also be taken of the proportion of employees in the management group, which covers the profit units of the companies, subject to employee participation. |
| --- | --- |

(15)

For the purpose of determining the level of participation operated in the relevant merging companies, account should also be taken of the proportion of employees in the management group, which covers the profit units of the companies, subject to employee participation.

| (16) | The Council, in accordance with paragraph 34 of the Interinstitutional Agreement on better lawmaking

   (11)

  , should encourage Members 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 the Directive and the transposition measures and to make them public, |
| --- | --- |

(16)

The Council, in accordance with paragraph 34 of the Interinstitutional Agreement on better lawmaking

   (11)

  , should encourage Members 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 the Directive and the transposition measures and to make them public,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

1.
     
  This Directive shall apply to mergers of limited liability companies formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the Community, provided at least two of them are governed by the laws of different Member States (hereinafter referred to as ‘cross-border mergers’).

2.
     For the purposes of this Directive:

| — | ‘merger’ means an operation whereby:






  (a) | one or more companies, on being dissolved without going into liquidation, transfer all their assets and liabilities to another existing company — the acquiring company — in exchange for the issue to their shareholders of securities or shares representing the capital of that other company and, if applicable, a cash payment not exceeding 10 % of the nominal value, or, in the absence of a nominal value, of the accounting par value of those securities or shares; or |
| --- | --- | --- |

—

‘merger’ means an operation whereby:

(a)

one or more companies, on being dissolved without going into liquidation, transfer all their assets and liabilities to another existing company — the acquiring company — in exchange for the issue to their shareholders of securities or shares representing the capital of that other company and, if applicable, a cash payment not exceeding 10 % of the nominal value, or, in the absence of a nominal value, of the accounting par value of those securities or shares; or

| (b) | two or more companies, on being dissolved without going into liquidation, transfer all their assets and liabilities to a company that they form — the new company — in exchange for the issue to their
  members
  of securities or shares representing the capital of that new company
  and a
   cash payment not exceeding 10 % of the nominal value, or in the absence of a nominal value, of the accounting par value of those securities or shares; or |
| --- | --- |

(b)

two or more companies, on being dissolved without going into liquidation, transfer all their assets and liabilities to a company that they form — the new company — in exchange for the issue to their
  members
  of securities or shares representing the capital of that new company
  and a
   cash payment not exceeding 10 % of the nominal value, or in the absence of a nominal value, of the accounting par value of those securities or shares; or

| (c) | a company, on being dissolved without going into liquidation, transfers all its assets and liabilities to the company holding all the securities or shares representing its
  capital; |
| --- | --- |

(c)

a company, on being dissolved without going into liquidation, transfers all its assets and liabilities to the company holding all the securities or shares representing its
  capital;

| — | ‘
  limited liability company
  ’ means:








  (a) | a company as referred to in Article 1 of Council Directive 68/151/EEC

   (12)

  , or |
| --- | --- | --- |

—

‘
  limited liability company
  ’ means:

(a)

a company as referred to in Article 1 of Council Directive 68/151/EEC

   (12)

  , or

| (b) | a
  limited liability
  company having legal personality, possessing separate assets which alone serve to cover its debts and subject under the national law governing it to conditions concerning guarantees such as are provided for by Directive 68/151/EEC. |
| --- | --- |

(b)

a
  limited liability
  company having legal personality, possessing separate assets which alone serve to cover its debts and subject under the national law governing it to conditions concerning guarantees such as are provided for by Directive 68/151/EEC.

3.
     
  Notwithstanding paragraph 2, this Directive shall also apply to cross-border mergers where the law of at least one of the Member States concerned allows the cash payment referred to in the first indent of paragraph 2 to exceed 10 % of the nominal value, or, in the absence of a nominal value, of the accounting par value of the securities or shares representing the capital of the company resulting from the cross-border merger.

4.
     
  Member States may decide not to apply this Directive to cross-border mergers involving a cooperative society even in the cases where the later would fall within the definition of ‘limited liability company’as provided in the second indent of paragraph 2.

5.
     
  This Directive shall not apply to cross-border mergers involving a company the object of which is the collective investment of capital provided by the public, which operates on the principle of risk spreading and the units of which are, at the holders' request, repurchased or redeemed, directly or indirectly, out of the assets of that company. Action taken by such a company to ensure that the stock exchange value of its units does not vary significantly from its net asset value shall be regarded as equivalent to such repurchase or redemption.

Article 2

1.
     Save as otherwise provided in this Directive,

| — | cross-border mergers are only possible between types of companies which may merge under the national law of the relevant Member States, and |
| --- | --- |

—

cross-border mergers are only possible between types of companies which may merge under the national law of the relevant Member States, and

| — | a company taking part in a cross-border merger must comply with the provisions and formalities of the national law to which it is subject. The laws of a Member State enabling its national authorities to oppose a given internal merger on grounds of public interest shall also be applicable to a cross-border merger where at least one of the merging companies is subject to the law of that Member State. The present provision shall not apply to the extent that Article 21 of Regulation (EC) No 139/2004 is applicable. |
| --- | --- |

—

a company taking part in a cross-border merger must comply with the provisions and formalities of the national law to which it is subject. The laws of a Member State enabling its national authorities to oppose a given internal merger on grounds of public interest shall also be applicable to a cross-border merger where at least one of the merging companies is subject to the law of that Member State. The present provision shall not apply to the extent that Article 21 of Regulation (EC) No 139/2004 is applicable.

2.
     
  The said provisions and formalities shall in particular include those concerning the decision-making process relating to the merger and, taking into account the cross-border nature of the merger, the protection of creditors of the merging companies, debenture holders and the holders of securities or shares, as well as of employees as regards rights other than those governed by Article 14. A Member State may, in the case of companies participating in a cross-border merger and governed by its law, adopt provisions designed to ensure appropriate protection for minority members who have opposed the cross-border merger.

Article 3

1.   
  The management
  or administrative
  organs
  of each of the merging companies
  shall
  draw up common draft terms of cross-border merger. The common draft terms of cross-border merger shall include
  at least
  the following particulars:

| (a) | the form, name and registered office of the merging companies and those proposed for the company
  resulting from
  the
  cross-border
  merger; |
| --- | --- |

(a)

the form, name and registered office of the merging companies and those proposed for the company
  resulting from
  the
  cross-border
  merger;

| (b) | the ratio applicable to the exchange of securities or shares representing the company capital and the amount of any
  cash payment
  ; |
| --- | --- |

(b)

the ratio applicable to the exchange of securities or shares representing the company capital and the amount of any
  cash payment
  ;

| (c) | the terms for the allotment of securities or shares representing the capital of the company
  resulting from
  the
  cross-border
  merger; |
| --- | --- |

(c)

the terms for the allotment of securities or shares representing the capital of the company
  resulting from
  the
  cross-border
  merger;

| (d) | the likely repercussions of the merger on employment; |
| --- | --- |

(d)

the likely repercussions of the merger on employment;

| (e) | the date from which the holding of such securities or shares representing the company capital will entitle the holders to share in profits and any special conditions affecting that entitlement; |
| --- | --- |

(e)

the date from which the holding of such securities or shares representing the company capital will entitle the holders to share in profits and any special conditions affecting that entitlement;

| (f) | the date from which the transactions of the merging companies will be treated for accounting purposes as being those of the company
  resulting from
  the
  cross-border
  merger; |
| --- | --- |

(f)

the date from which the transactions of the merging companies will be treated for accounting purposes as being those of the company
  resulting from
  the
  cross-border
  merger;

| (g) | the rights conferred by the company created by the merger on members enjoying special rights or on other holders of securities or shares representing the company capital, or the measures proposed concerning them; |
| --- | --- |

(g)

the rights conferred by the company created by the merger on members enjoying special rights or on other holders of securities or shares representing the company capital, or the measures proposed concerning them;

| (h) | any special advantages granted to the experts who examine the draft terms of
  cross-border
  merger or to members of the administrative, management, supervisory or controlling organs of the merging companies; |
| --- | --- |

(h)

any special advantages granted to the experts who examine the draft terms of
  cross-border
  merger or to members of the administrative, management, supervisory or controlling organs of the merging companies;

| (i) | the statutes of the company
  resulting from
  the
  cross-border
  merger; |
| --- | --- |

(i)

the statutes of the company
  resulting from
  the
  cross-border
  merger;

| (j) | where appropriate,
  information on the procedures by which arrangements for the involvement of employees in the definition of their rights to participation in the company
  resulting from
  the
  cross-border
  merger are determined pursuant to Article 14; |
| --- | --- |

(j)

where appropriate,
  information on the procedures by which arrangements for the involvement of employees in the definition of their rights to participation in the company
  resulting from
  the
  cross-border
  merger are determined pursuant to Article 14;

| (k) | information on the evaluation of the assets and liabilities which are transferred to the company resulting from the cross-border merger; |
| --- | --- |

(k)

information on the evaluation of the assets and liabilities which are transferred to the company resulting from the cross-border merger;

| (l) | dates of the merging companies' accounts used to establish the conditions of the cross-border merger. |
| --- | --- |

(l)

dates of the merging companies' accounts used to establish the conditions of the cross-border merger.

2.
     
  The management or administrative organ of each of the merging companies shall draw up a report intended for the members explaining and justifying the legal and economic aspects of the cross-border merger and explaining the implications of the cross-border merger for members, creditors and employees. The report shall be made available to the members and to the representatives of the employees or, where there are no such representatives, to the employees themselves, not less than one month before the date of the general meeting referred to in Article 6. Where the management or administrative organ of any of the merging companies receives in good time an opinion from the representatives of their employees, as provided for under national law, that opinion shall be appended to the report.

Article 4

1.
     
  Draft terms of the cross-border merger must be published in the manner prescribed by the laws of each Member State in accordance with Article 3 of Directive 68/151/EEC for each of the merging companies at least one month before the date of the general meeting which is to decide thereon.

2.
     
  For each of the merging companies and subject to the additional requirements imposed by the Member State to which the company concerned is subject, the following particulars shall be published in the national gazette of that Member State:

| (a) | the
  type,
  name and registered office of
  every
  merging
  company; |
| --- | --- |

(a)

the
  type,
  name and registered office of
  every
  merging
  company;

| (b) | the register
  in which the documents
  referred to in Article 3(2) of Directive 68/151/EEC
  are filed
  in respect of each merging company,
  and
  the
  number
  of the entry
  in that register; |
| --- | --- |

(b)

the register
  in which the documents
  referred to in Article 3(2) of Directive 68/151/EEC
  are filed
  in respect of each merging company,
  and
  the
  number
  of the entry
  in that register;

| (c) | an indication, for each of the merging companies, of the arrangements made for the exercise of the rights of creditors and of any minority
  members
  of the merging companies and the address at which complete information on those arrangements may be obtained free of charge. |
| --- | --- |

(c)

an indication, for each of the merging companies, of the arrangements made for the exercise of the rights of creditors and of any minority
  members
  of the merging companies and the address at which complete information on those arrangements may be obtained free of charge.

Article 5

1.   An
  independent
  expert report intended for members and made available not less than one month before the date of the general meeting referred to in Article 6 shall be drawn up for each merging company.
  Depending on the law of each Member State, such experts may be natural persons or legal persons.

2.   As an alternative to experts operating on behalf of each of the merging companies, one or more independent experts, appointed for that purpose at the joint request of the companies by a judicial or administrative authority in the Member State of one of the merging companies or of
  the company resulting from the cross-border merger or approved by such an authority,
  may examine the draft terms of cross-border merger and draw up a single written report to all the
  members
  .

3.
     
  The expert report shall include at least the particulars provided for by Article 10(2) of Council Directive 78/855/EEC of 9 October 1978 on the merger of public liability companies

   (13). The experts shall be entitled to secure from each of the merging companies all information they consider necessary for the discharge of their duties.

4.
     
  Neither an examination of the draft terms of cross-border merger by independent experts nor an expert report shall be required if all the members of each of the companies involved in the cross-border merger have so agreed.

Article 6

1.   After taking note of
  the reports
  referred to in
  Articles 3(2) and
  5, the general meeting of each of the merging companies shall approve the common draft terms of cross-border merger.

2.   The general meeting of each of the merging companies may reserve the right to make implementation of the cross-border merger conditional on express ratification by it of the arrangements decided on with respect to the
  participation
  of employees in the company
  resulting from
  the
  cross-border
  merger.

3.
     
  The laws of a Member State need not require approval of the merger by the general meeting of the acquiring company if the conditions in Article 8 of Directive 78/855/EEC are fulfilled.

Article 7

1.   Each Member State shall designate the
  court, notary or other authority
  competent to scrutinise the legality of the
  cross-border
  merger as regards that part of the procedure which concerns each merging company subject to its national law.

2.   In each Member State concerned the
  body referred to in paragraph 1
   shall issue
  without delay
  to each merging company subject to that State's national law a certificate conclusively attesting to the proper completion of the pre-merger acts and formalities.

3.
     
  If the law of a Member State to which a merging company is subject provides for a procedure to scrutinise and amend the ratio applicable to the exchange of securities or shares, or a procedure to compensate minority members, without preventing the registration of the cross-border merger, such procedure shall only apply if the other merging companies situated in Member States which do not provide for such procedure explicitly accept, when approving the draft terms of the cross-border merger in accordance with Article 6(1), the possibility for the members of that merging company to have recourse to such procedure, to be initiated before the court having jurisdiction over that merging company. In such cases, the court, notary or other competent authorities may issue the certificate referred to in paragraph 2 even if such procedure has commenced. The certificate must, however, indicate that the procedure is pending. The decision in the procedure shall be binding on the company resulting from the cross-border merger and all its members.

Article 8

1.
     Each Member State shall designate the
  court, notary or other authority
  competent to scrutinise the legality of the
  cross-border
  merger as regards that part of the procedure which concerns the completion of the
  cross-border
  merger and, where appropriate, the formation of a new company
  resulting from
  the
  cross-border
  merger where the company created by the merger is subject to its national law. The said
  body
  shall in particular ensure that the merging companies have approved the common draft terms of cross-border merger in the same terms and,
  where appropriate,
  that arrangements for employee participation have been determined in accordance with Article 14.

2.
     To that end each merging company shall submit to the
  body referred to in paragraph 1
  the certificate referred to in Article 7(2) within six months of its issue together with the common draft terms of cross-border merger approved by the general meeting referred to in Article 6.

Article 9

The law of the Member State to whose jurisdiction the company
  resulting from
  the
  cross-border
  merger is subject shall determine the date on which the cross-border merger takes effect. That date must be after the
  scrutiny
  referred to in Article 8 has been carried out.

Article 10

The law of each of the Member States to whose jurisdiction the merging companies were subject shall determine, with respect to the territory of that State, the arrangements,
  in accordance with Article 3 of Directive 68/151/EEC,
  for publicising completion of the cross-border merger in the public register in which each of the companies is required to file documents.
  The registry for the registration of the company resulting from the cross-border merger shall notify without delay the registry in which each of the companies was required to file documents that the cross-border merger has taken effect. Deletion of the old registration, if applicable, shall be effected on receipt of that notification, but not before.

Article 11

1.   A merger carried out as laid down in
  points
  (a)
  and (c)
  of the first indent of
  Article 1(2)
  shall, from the date referred to in Article 9, have the following consequences:

| (a) | the transfer to the acquiring company of
  all the assets and liabilities of
  the
  company being
  acquired
  ; |
| --- | --- |

(a)

the transfer to the acquiring company of
  all the assets and liabilities of
  the
  company being
  acquired
  ;

| (b) | the shareholders of the company being acquired become shareholders of the acquiring company; |
| --- | --- |

(b)

the shareholders of the company being acquired become shareholders of the acquiring company;

| (c) | the company being acquired ceases to exist. |
| --- | --- |

(c)

the company being acquired ceases to exist.

2.   A merger carried out as laid down in point (b) of the first indent of
  Article 1(2)
  shall, from the date referred to in Article 9, have the following consequences:

| (a) | the transfer of
  all the assets and liabilities of the merging
  companies to
  the new company; |
| --- | --- |

(a)

the transfer of
  all the assets and liabilities of the merging
  companies to
  the new company;

| (b) | the shareholders of the merging companies become shareholders of the new company; |
| --- | --- |

(b)

the shareholders of the merging companies become shareholders of the new company;

| (c) | the merging companies cease to exist. |
| --- | --- |

(c)

the merging companies cease to exist.

3.   Where, in the case of a 
  cross-border
  merger of companies covered by this Directive, the laws of the Member States require the completion of special formalities before the transfer of certain assets, rights and obligations by the merging companies becomes effective against third parties, those formalities shall be carried out by the company
  resulting from
  the
  cross-border
  merger.

4.
     
  The rights and obligations of the merging companies arising from contracts of employment or from employment relationships and existing at the date on which the cross-border merger takes effect shall, by reason of that cross-border merger taking effect, be transferred to the company resulting from the cross-border merger on the date the cross-border merger takes effect.

5.
     
  No shares in the acquiring company shall be exchanged for shares in the company being acquired held either:

| (a) | by the acquiring company itself or through a person acting in his own name but on its behalf; |
| --- | --- |

(a)

by the acquiring company itself or through a person acting in his own name but on its behalf;

| (b) | by the company being acquired itself or through a person acting in his own name but on its behalf. |
| --- | --- |

(b)

by the company being acquired itself or through a person acting in his own name but on its behalf.

Article 12

A cross-border merger which has taken effect as provided for in Article 9 may not be declared null and void.

Article 13

1.   Where a cross-border merger by acquisition is carried out by a company which holds all the shares and other securities conferring the right to vote at general meetings of the company
  or companies
  being acquired:

| — | Articles 3(1)(b), (c) and (e)
  , 5 and 11(1)(b) shall not apply; |
| --- | --- |

—

Articles 3(1)(b), (c) and (e)
  , 5 and 11(1)(b) shall not apply;

| — | Article 6(1) shall not apply to the company or companies being acquired. |
| --- | --- |

—

Article 6(1) shall not apply to the company or companies being acquired.

2.   Where a merger by acquisition is carried out by a company which holds 90 % or more but not all of the shares and other securities conferring the right to vote at general meetings of
  the
  company
  or companies being acquired,
  reports by an independent expert or experts and the documents necessary for scrutiny shall be required only to the extent that the national law governing either the acquiring company or the company being acquired so requires.

Article 14

1.
     
  Without prejudice to paragraph 2, the company resulting from the cross-border merger shall be subject to the rules in force concerning employee participation, if any, in the Member State where it has its registered office.

2.
     
  However, where at least one of the merging companies has an average number of employees in the six months before the publication of the draft terms of the cross-border merger as referred to in Article 4 that exceeds 500 and is operating under an employee participation system within the meaning of Article 2(k) of Directive 2001/86/EC, or where the national law applicable to the company resulting from the cross-border merger does not

| — | provide for at least the same level of participation as operated in the relevant merging companies, measured by reference to the proportion of members of the administrative or of the supervisory organ or their committees or of the management group, which covers the profit units of the company, subject to employee representation, or |
| --- | --- |

—

provide for at least the same level of participation as operated in the relevant merging companies, measured by reference to the proportion of members of the administrative or of the supervisory organ or their committees or of the management group, which covers the profit units of the company, subject to employee representation, or

| — | provide for employees of establishments of the company resulting from the cross-border merger that are situated in other Member States the same entitlement to exercise participation rights as is enjoyed by those employees employed in the Member State where the company resulting from the cross-border merger has its registered office, |
| --- | --- |

—

provide for employees of establishments of the company resulting from the cross-border merger that are situated in other Member States the same entitlement to exercise participation rights as is enjoyed by those employees employed in the Member State where the company resulting from the cross-border merger has its registered office,

then the rules in force concerning employee participation, if any, in the Member State where the company resulting from the cross-border merger has its registered office shall not apply. In such a case,
  the participation of employees in the company
  resulting from
  the
  cross-border
  merger and their involvement in the definition of such rights shall be regulated by the Member States,
  mutatis mutandis and subject to paragraphs 3 to 6 below,
  in accordance with the principles and procedures laid down in Article 12(2), (3) and (4) of Regulation (EC) No 2157/2001 and the following provisions of Directive 2001/86/EC:

| (a) | Article 3(1), (2) and (3), (4) first subparagraph, first indent, and second subparagraph,
  (5) and (7)
  ; |
| --- | --- |

(a)

Article 3(1), (2) and (3), (4) first subparagraph, first indent, and second subparagraph,
  (5) and (7)
  ;

| (b) | Article 4(1),(2),
  points (a),
  (g)
  and (h),
  and (3); |
| --- | --- |

(b)

Article 4(1),(2),
  points (a),
  (g)
  and (h),
  and (3);

| (c) | Article 5; |
| --- | --- |

(c)

Article 5;

| (d) | Article 6; |
| --- | --- |

(d)

Article 6;

| (e) | Article 7(1), (2) first subparagraph, point (b), and second subparagraph, and (3).
  However, for the purposes of this Directive, the percentages required by Article 7(2), first subparagraph, point (b) for the application of the standard rules contained in Part 3 of the Annex to Directive 2001/86/EC shall be raised from 25 % to 33 1/3 %; |
| --- | --- |

(e)

Article 7(1), (2) first subparagraph, point (b), and second subparagraph, and (3).
  However, for the purposes of this Directive, the percentages required by Article 7(2), first subparagraph, point (b) for the application of the standard rules contained in Part 3 of the Annex to Directive 2001/86/EC shall be raised from 25 % to 33 1/3 %;

| (f) | Articles 8,
  10 and
  12; |
| --- | --- |

(f)

Articles 8,
  10 and
  12;

| (g) | Article 13(4); |
| --- | --- |

(g)

Article 13(4);

| (h) | Part 3 of the Annex,
  point (b)
  . |
| --- | --- |

(h)

Part 3 of the Annex,
  point (b)
  .

3.
     
  When regulating the principles and procedures referred to in paragraph 2, Member States:

| — | shall confer on the relevant organs of the merging companies the right to choose without any prior negotiation to be directly subject to the standard rules referred to in paragraph 2(h), as laid down by the legislation of the Member State in which the company resulting from the cross-border merger is to have its registered office, and to abide by those rules from the date of registration; |
| --- | --- |

—

shall confer on the relevant organs of the merging companies the right to choose without any prior negotiation to be directly subject to the standard rules referred to in paragraph 2(h), as laid down by the legislation of the Member State in which the company resulting from the cross-border merger is to have its registered office, and to abide by those rules from the date of registration;

| — | shall confer on the Special Negotiating Body the right to decide, by a majority of two thirds of its members representing at least two thirds of the employees, including the votes of members representing employees in at least two different Member States, not to open negotiations or to terminate negotiations already opened and to rely on the rules on participation in force in the Member State where the registered office of the company resulting from the cross-border merger will be situated; |
| --- | --- |

—

shall confer on the Special Negotiating Body the right to decide, by a majority of two thirds of its members representing at least two thirds of the employees, including the votes of members representing employees in at least two different Member States, not to open negotiations or to terminate negotiations already opened and to rely on the rules on participation in force in the Member State where the registered office of the company resulting from the cross-border merger will be situated;

| — | may, in the case where, following prior negotiations, standard rules apply and notwithstanding these rules, determine to limit the proportion of employee representatives in the administrative organ of the company resulting from the cross-border merger. However, if in one of the merging companies employee representatives comprised at least one third of the administrative or supervisory board, the limitation may never result in a lower proportion of employee representatives in the administrative organ than one third. |
| --- | --- |

—

may, in the case where, following prior negotiations, standard rules apply and notwithstanding these rules, determine to limit the proportion of employee representatives in the administrative organ of the company resulting from the cross-border merger. However, if in one of the merging companies employee representatives comprised at least one third of the administrative or supervisory board, the limitation may never result in a lower proportion of employee representatives in the administrative organ than one third.

4.
     
  The extension of participation rights to employees of the company resulting from the cross-border merger employed in other Member States, referred to in the second indent of paragraph 2, shall not entail any obligation for Member States which choose to do so to take those employees into account when calculating the size of workforce thresholds giving rise to participation rights under national law.

5.
     
  When at least one of the merging companies is operating under an employee participation system and the company resulting from the cross-border merger is to be governed by such a system in accordance with the rules referred to in paragraph 2, that company shall obligatorily take a legal form allowing for the exercise of participation rights.

6.
     
  When the company resulting from the cross-border merger is operating under an employee participation system, that company shall obligatorily take measures to ensure that employees' participation rights are protected in the event of subsequent domestic mergers, for a period of three years after the cross-border merger has taken effect, by applying mutatis mutandis the rules laid down in this Article.

Article 15

Five years after the date laid down in the first paragraph of Article 16, the Commission shall examine this Directive in the light of the experience acquired in applying it and, if necessary, propose its amendment.

Article 16

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive
  not later than ...

   (14).

When Member States adopt such measures, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such a reference shall be adopted by Member States.

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

Article 17

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 117, 30.4.2004, p. 43.

2

OJ C 117, 30.4.2004, p. 43.

(3)  Position of the European Parliament of 10 May 2005.

3

Position of the European Parliament of 10 May 2005.

(4)  Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1).

4

Regulation (EC)

139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1).

(5)  OJ L 225, 12.8.1998, p. 16.

5

(6)  
  OJ L 82, 22.3.2001, p. 16.

6

OJ L 82, 22.3.2001, p. 16.

(7)  OJ L 80, 23.3.2002, p. 29.

7

(8)  OJ L 254, 30.9.1994, p. 64. Directive amended by Directive 97/74/EC (OJ L 10, 16.1.1998, p. 22).

8

(9)  OJ L 294, 10.11.2001, p. 1. Regulation amended by Regulation (EC) No 885/2004 (OJ L 168, 1.5.2004, p. 1).

9

Regulation amended by Regulation (EC) No 885/2004 (OJ L 168, 1.5.2004, p. 1).

(10)  OJ L 294, 10.11.2001, p. 22.

10

(11)  

  OJ C 321, 31.12.2003, p. 1.

11

OJ C 321, 31.12.2003, p. 1.

(12)  
  First Council Directive 68/151/EEC of 9 March 1968 on co-ordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, with a view to making such safeguards equivalent throughout the Community (OJ L 65, 14.3.1968, p. 8). Directive as last amended by the 2003 Act of Accession.

12

First Council Directive 68/151/EEC of 9 March 1968 on co-ordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, with a view to making such safeguards equivalent throughout the Community (OJ L 65, 14.3.1968, p. 8). Directive as last amended by the 2003 Act of Accession.

(13)  

  OJ L 295, 20.10.1978, p. 36. Directive as last amended by the 2003 Act of Accession.

13

OJ L 295, 20.10.1978, p. 36. Directive as last amended by the 2003 Act of Accession.

(14)  
  24 months after its entry into force.

14

24 months after its entry into force.

P6_TA(2005)0167

Film heritage and related industrial activities ***I

European Parliament legislative resolution on the proposal for a recommendation of the European Parliament and of the Council on film heritage and the competitiveness of related industrial activities (COM(2004)0171 — C6-0133/2004 — 2004/0066(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2004)0171) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2004)0171) (1),

| — | having regard to Article 251 (2) and Article 157 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0133/2004), |
| --- | --- |

—

having regard to Article 251 (2) and Article 157 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0133/2004),

| — | 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 Culture and Education (A6-0101/2005), |
| --- | --- |

—

having regard to the report of the Committee on Culture and Education (A6-0101/2005),

| 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 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)0066

Position of the European Parliament adopted at first reading on 10 May 2005 with a view to the adoption of European Parliament and Council Recommendation
  2005/.../EC
  on film heritage and the competitiveness of related industrial activities

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 157 thereof,

Having regard to the proposal from the Commission (1),

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

Following consultation of the Opinion of the Committee of the Regions,

Acting in accordance with the procedure referred to in Article 251 of the Treaty (3),

Whereas:

| (1) | Article 157 of the Treaty stipulates that the Community and the Member States must ensure that the conditions necessary for the competitiveness of the Community's industry exist. |
| --- | --- |

(1)

Article 157 of the Treaty stipulates that the Community and the Member States must ensure that the conditions necessary for the competitiveness of the Community's industry exist.

| (2) | Article 151(4) of the Treaty stipulates that the Community must take cultural aspects into account in its action under other provisions of the Treaty, in particular in order to respect and to promote the diversity of its cultures. |
| --- | --- |

(2)

Article 151(4) of the Treaty stipulates that the Community must take cultural aspects into account in its action under other provisions of the Treaty, in particular in order to respect and to promote the diversity of its cultures.

| (3) | Cinematography is an art form contained on a fragile medium, which therefore requires positive action from the public authorities to ensure its preservation. Cinematographic works are an essential component of our cultural heritage and therefore merit full protection. |
| --- | --- |

(3)

Cinematography is an art form contained on a fragile medium, which therefore requires positive action from the public authorities to ensure its preservation. Cinematographic works are an essential component of our cultural heritage and therefore merit full protection.

| (4) | In addition to its cultural value, cinematographic works are a source of historical information about European society. They are a comprehensive witness to history of the richness of Europe's cultural identities and the diversity of its people. Cinematographic images are a crucial element for learning about the past and for civic reflection upon our civilisation. |
| --- | --- |

(4)

In addition to its cultural value, cinematographic works are a source of historical information about European society. They are a comprehensive witness to history of the richness of Europe's cultural identities and the diversity of its people. Cinematographic images are a crucial element for learning about the past and for civic reflection upon our civilisation.

| (5) | This recommendation aims at fostering better exploitation of the industrial and cultural potential of European film heritage by encouraging policies of innovation, research and technological development in the field of conservation and restoration of cinematographic works. The hereinafter recommended actions aim to ensure that the conditions necessary for the competitiveness of the Community's film industry exist and accelerate the development of its competitiveness. |
| --- | --- |

(5)

This recommendation aims at fostering better exploitation of the industrial and cultural potential of European film heritage by encouraging policies of innovation, research and technological development in the field of conservation and restoration of cinematographic works. The hereinafter recommended actions aim to ensure that the conditions necessary for the competitiveness of the Community's film industry exist and accelerate the development of its competitiveness.

| (6) | Film heritage is an important component of the film industry and encouraging its conservation, restoration and exploitation can contribute to improving the competitiveness of this industry. |
| --- | --- |

(6)

Film heritage is an important component of the film industry and encouraging its conservation, restoration and exploitation can contribute to improving the competitiveness of this industry.

| (7) | The development of the European film industry is of vital importance for Europe in view of its significant potential in the fields of access to culture, economic development and job creation.
  This refers not only to the production and showing of films, but also to the collection, cataloguing, preservation and restoration of cinematographic works. The conditions for the competitiveness of these industrial activities related to film heritage need to be improved, especially as regards better use of technological developments, such as digitisation. |
| --- | --- |

(7)

The development of the European film industry is of vital importance for Europe in view of its significant potential in the fields of access to culture, economic development and job creation.
  This refers not only to the production and showing of films, but also to the collection, cataloguing, preservation and restoration of cinematographic works. The conditions for the competitiveness of these industrial activities related to film heritage need to be improved, especially as regards better use of technological developments, such as digitisation.

| (8) | Full achievement of this potential requires the existence of a successful and innovative film industry in the Community. This can be facilitated by improving the conditions of conservation, restoration and exploitation of film heritage and by removing obstacles to the development and full competitiveness of the industry, in particular by the collection, cataloguing, preservation and restoration of the film heritage and by making it accessible for educational, cultural, research or other non-commercial use of similar natures, in all cases in compliance with copyright and related rights. |
| --- | --- |

(8)

Full achievement of this potential requires the existence of a successful and innovative film industry in the Community. This can be facilitated by improving the conditions of conservation, restoration and exploitation of film heritage and by removing obstacles to the development and full competitiveness of the industry, in particular by the collection, cataloguing, preservation and restoration of the film heritage and by making it accessible for educational, cultural, research or other non-commercial use of similar natures, in all cases in compliance with copyright and related rights.

| (9) | The general competitiveness of the film industry will improve through the development of an environment that favours cooperation between designated bodies, which could be European, national or regional archives, film institutes or similar institutions, on matters concerning the conservation and protection of film heritage. |
| --- | --- |

(9)

The general competitiveness of the film industry will improve through the development of an environment that favours cooperation between designated bodies, which could be European, national or regional archives, film institutes or similar institutions, on matters concerning the conservation and protection of film heritage.

| (10) | The Council resolution of 26 June 2000 on the conservation and enhancement of European cinema heritage (4)
  called on Member States to cooperate in the restoration and conservation of cinema heritage, including through recourse to digital technologies, to exchange good practice in this sector, to encourage progressive networking of European archival data and to consider the possible use of these collections for educational purposes; |
| --- | --- |

(10)

The Council resolution of 26 June 2000 on the conservation and enhancement of European cinema heritage (4)
  called on Member States to cooperate in the restoration and conservation of cinema heritage, including through recourse to digital technologies, to exchange good practice in this sector, to encourage progressive networking of European archival data and to consider the possible use of these collections for educational purposes;

| (11) | The European Convention for the Protection of the Audiovisual Heritage (5) provides that each Party has to introduce
  , by legislative or other appropriate means,
  the obligation to deposit moving image material forming part of its audiovisual heritage and having been produced or co-produced in the territory of the Party concerned. |
| --- | --- |

(11)

The European Convention for the Protection of the Audiovisual Heritage (5) provides that each Party has to introduce
  , by legislative or other appropriate means,
  the obligation to deposit moving image material forming part of its audiovisual heritage and having been produced or co-produced in the territory of the Party concerned.

| (12) | The Commission Communication of 26 September 2001 on certain legal aspects relating to cinematographic and other audiovisual works (6) examined the legal deposit of audiovisual works at national or regional level as one of the possible ways of conserving and safeguarding the European audiovisual heritage and launched a stocktaking exercise of the situation regarding the deposit of cinematographic works in the Member States, accession countries and EFTA countries. |
| --- | --- |

(12)

The Commission Communication of 26 September 2001 on certain legal aspects relating to cinematographic and other audiovisual works (6) examined the legal deposit of audiovisual works at national or regional level as one of the possible ways of conserving and safeguarding the European audiovisual heritage and launched a stocktaking exercise of the situation regarding the deposit of cinematographic works in the Member States, accession countries and EFTA countries.

| (13) | At
  the Council (Cultural/Audiovisual Affairs)
  of 5 November 2001 (7),
  the President of Council noted that
  the content of the Commission Communication
  had been favourably received by the Council
  . |
| --- | --- |

(13)

At
  the Council (Cultural/Audiovisual Affairs)
  of 5 November 2001 (7),
  the President of Council noted that
  the content of the Commission Communication
  had been favourably received by the Council
  .

| (14) | In its resolution of 2 July 2002
   (8) on the Commission communication, the European Parliament underlined the importance of safeguarding the cinematographic heritage
  and supported the approach of the European Convention for the Protection of the Audiovisual Heritage, which is an important reference in times of intensive technological changes. The gradual switchover to digital technologies will allow for greater competitiveness of the European film industry and contribute on a longer term to the reduction of costs in cataloguing, depositing, conserving and restoring audiovisual works. At the same time, it will create new opportunities for innovation in the field of protection of film heritage. |
| --- | --- |

(14)

In its resolution of 2 July 2002
   (8) on the Commission communication, the European Parliament underlined the importance of safeguarding the cinematographic heritage
  and supported the approach of the European Convention for the Protection of the Audiovisual Heritage, which is an important reference in times of intensive technological changes. The gradual switchover to digital technologies will allow for greater competitiveness of the European film industry and contribute on a longer term to the reduction of costs in cataloguing, depositing, conserving and restoring audiovisual works. At the same time, it will create new opportunities for innovation in the field of protection of film heritage.

| (15) | The Council resolution of 24 November 2003 on the deposit of cinematographic works in the European Union (9) invited Member States to put in place an efficient system of deposit and preservation of the cinematographic works forming part of their audiovisual heritage in their national archives, film institutes or similar institutions, if such systems do not yet exist. |
| --- | --- |

(15)

The Council resolution of 24 November 2003 on the deposit of cinematographic works in the European Union (9) invited Member States to put in place an efficient system of deposit and preservation of the cinematographic works forming part of their audiovisual heritage in their national archives, film institutes or similar institutions, if such systems do not yet exist.

| (16) | All Member States already have systems in place for collecting and preserving cinematographic works forming part of their audiovisual heritage. Four-fifths of these systems are based on a legal or contractual obligation to deposit all films, or at least those films that have received public support. |
| --- | --- |

(16)

All Member States already have systems in place for collecting and preserving cinematographic works forming part of their audiovisual heritage. Four-fifths of these systems are based on a legal or contractual obligation to deposit all films, or at least those films that have received public support.

| (17) | ‘Moving image material’ means any set of moving images recorded by whatever means and on whatever medium, whether or not accompanied by sound, capable of conveying an impression of movement. |
| --- | --- |

(17)

‘Moving image material’ means any set of moving images recorded by whatever means and on whatever medium, whether or not accompanied by sound, capable of conveying an impression of movement.

| (18) | ‘Cinematographic work’ means moving image material of any length, in particular cinematographic works of fiction, cartoons and documentaries, which is intended to be shown in cinemas. |
| --- | --- |

(18)

‘Cinematographic work’ means moving image material of any length, in particular cinematographic works of fiction, cartoons and documentaries, which is intended to be shown in cinemas.

| (19) | ‘Cinematographic· works forming part of their audiovisual heritage’ means film productions including co-productions with other Member States and/or third countries, qualified as such by Member States or bodies designated by them, on the basis of objective, transparent and non-discriminatory criteria. The audiovisual heritages of the Member States taken together constitute the European audiovisual heritage. |
| --- | --- |

(19)

‘Cinematographic· works forming part of their audiovisual heritage’ means film productions including co-productions with other Member States and/or third countries, qualified as such by Member States or bodies designated by them, on the basis of objective, transparent and non-discriminatory criteria. The audiovisual heritages of the Member States taken together constitute the European audiovisual heritage.

| (20) | In order to ensure that the European film heritage is passed down to future generations, it has to be systematically collected, catalogued, preserved and restored
  in all cases in compliance with
  copyright and related rights. |
| --- | --- |

(20)

In order to ensure that the European film heritage is passed down to future generations, it has to be systematically collected, catalogued, preserved and restored
  in all cases in compliance with
  copyright and related rights.

| (21) | European film heritage should be made
  more
  accessible for educational,
  cultural, research or other non-commercial use of similar nature, in all cases in compliance with
  copyright and related rights. |
| --- | --- |

(21)

European film heritage should be made
  more
  accessible for educational,
  cultural, research or other non-commercial use of similar nature, in all cases in compliance with
  copyright and related rights.

| (22) | Transferring the possession of cinematographic works to archiving bodies does not imply transferring copyright and related rights to them. |
| --- | --- |

(22)

Transferring the possession of cinematographic works to archiving bodies does not imply transferring copyright and related rights to them.

| (23) | Article 5(2)(c) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (10) stipulates that Member States may provide for an exception or limitation in respect of specific acts of reproduction made by publicly accessible libraries or by archives which are not for direct or indirect economic or commercial advantage. |
| --- | --- |

(23)

Article 5(2)(c) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (10) stipulates that Member States may provide for an exception or limitation in respect of specific acts of reproduction made by publicly accessible libraries or by archives which are not for direct or indirect economic or commercial advantage.

TAKE NOTE OF THE COMMISSION'S INTENTION:

| 1. | To consider making it compulsory for the beneficiaries of EU funding to deposit a copy of European films that have obtained EU funding in at least one national archive. |
| --- | --- |

1.

To consider making it compulsory for the beneficiaries of EU funding to deposit a copy of European films that have obtained EU funding in at least one national archive.

| 2. | To support cooperation between designated bodies. |
| --- | --- |

2.

To support cooperation between designated bodies.

| 3. | To consider the funding of research projects in the fields of long-term preservation and restoration of films. |
| --- | --- |

3.

To consider the funding of research projects in the fields of long-term preservation and restoration of films.

| 4. | To promote European standardisation on film cataloguing, with the purpose of improving the interoperability of databases
  also through co-financing standardisation projects and through enhancing the exchange of best practices, while respecting linguistic diversity
  . |
| --- | --- |

4.

To promote European standardisation on film cataloguing, with the purpose of improving the interoperability of databases
  also through co-financing standardisation projects and through enhancing the exchange of best practices, while respecting linguistic diversity
  .

| 5. | To facilitate the negotiation of a standard contract at European level between designated bodies and
  rightholders stipulating
  the conditions under which designated bodies can make deposited cinematographic works accessible to the public. |
| --- | --- |

5.

To facilitate the negotiation of a standard contract at European level between designated bodies and
  rightholders stipulating
  the conditions under which designated bodies can make deposited cinematographic works accessible to the public.

| 6. | To monitor and assess the extent to which the measures set out in this Recommendation are working effectively, and to consider the need for further action. |
| --- | --- |

6.

To monitor and assess the extent to which the measures set out in this Recommendation are working effectively, and to consider the need for further action.

HEREBY RECOMMEND THAT MEMBER STATES
  improve conditions of conservation, restoration and exploitation of film heritage and remove obstacles to the development and full competitiveness of the European film industry by
  :

| 1. | Fostering an enhanced exploitation of the industrial and cultural potential of the European film heritage through systematic conservation and restoration measures by encouraging policies of innovation, research and technological development in the field of conservation and restoration of cinematographic works. |
| --- | --- |

1.

| 2. | Adopting, within two years of the adoption of this Recommendation,
  legislative, administrative
  or other appropriate
  measures to ensure that cinematographic works forming part of
  their audiovisual
  heritage are systematically collected, catalogued, preserved, restored and made accessible for educational,
  cultural, research or other non-commercial use of similar nature, in all cases in compliance with
  copyright and related
  rights
  . |
| --- | --- |

2.

Adopting, within two years of the adoption of this Recommendation,
  legislative, administrative
  or other appropriate
  measures to ensure that cinematographic works forming part of
  their audiovisual
  heritage are systematically collected, catalogued, preserved, restored and made accessible for educational,
  cultural, research or other non-commercial use of similar nature, in all cases in compliance with
  copyright and related
  rights
  .

| 3. | Designating the
  appropriate bodies
  to carry out the tasks of public interest
  described in point 2 with independence and professionalism,
  ensuring that the best available
  financial and technical resources
  are provided
  to them. |
| --- | --- |

3.

Designating the
  appropriate bodies
  to carry out the tasks of public interest
  described in point 2 with independence and professionalism,
  ensuring that the best available
  financial and technical resources
  are provided
  to them.

| 4. | Encouraging
  the designated bodies to specify,
  in agreement or
  by contract with rightholders, the conditions under which deposited cinematographic works may be available to the public. |
| --- | --- |

4.

Encouraging
  the designated bodies to specify,
  in agreement or
  by contract with rightholders, the conditions under which deposited cinematographic works may be available to the public.

| 5. | Considering, notably with a view to promoting film heritage, establishing or supporting national film academies or similar bodies. |
| --- | --- |

5.

| 6. | Adopting appropriate measures to increase the use of digital and new technologies in the collection, cataloguing, preservation, restoration of cinematographic works. |
| --- | --- |

6.

Collection

| 7. | Undertaking
  the systematic collection of cinematographic works forming part of
  their audiovisual
  heritage through a 
  mandatory
  legal or contractual
  deposit of at least one high quality copy of cinematographic works in designated bodies
  . When setting the conditions for the deposit, Member States have to ensure that:






  (a) | during a transitional period
  they cover those productions or co-productions that have received public funding at national or regional level;
  after this transitional period has elapsed, they should cover, as far as practicable, all productions, including those which did not receive any public funding; |
| --- | --- | --- |

7.

Undertaking
  the systematic collection of cinematographic works forming part of
  their audiovisual
  heritage through a 
  mandatory
  legal or contractual
  deposit of at least one high quality copy of cinematographic works in designated bodies
  . When setting the conditions for the deposit, Member States have to ensure that:

(a)

during a transitional period
  they cover those productions or co-productions that have received public funding at national or regional level;
  after this transitional period has elapsed, they should cover, as far as practicable, all productions, including those which did not receive any public funding;

| (b) | the deposited
  cinematographic works
  are of good
  technical
  quality, so as to facilitate preservation and reproducibility, with accompanying metadata in standardised form, as appropriate; |
| --- | --- |

(b)

the deposited
  cinematographic works
  are of good
  technical
  quality, so as to facilitate preservation and reproducibility, with accompanying metadata in standardised form, as appropriate;

| (c) | deposit is done at the time when the film is made available to the public, and in any case not more than two years later. |
| --- | --- |

(c)

deposit is done at the time when the film is made available to the public, and in any case not more than two years later.

Cataloguing and creation of databases

| 8. | Adopting
  appropriate measures
  (which might eventually lead to an archiving codex of film production)
  to promote the cataloguing and indexing of deposited cinematographic works
  and to encourage the creation of databases containing information about the films
  , making use of European and international
  standards
  . |
| --- | --- |

8.

Adopting
  appropriate measures
  (which might eventually lead to an archiving codex of film production)
  to promote the cataloguing and indexing of deposited cinematographic works
  and to encourage the creation of databases containing information about the films
  , making use of European and international
  standards
  .

| 9. | Promoting European standardisation,
  interoperability of databases
  of filmography
  and their availability to the public, for instance, through the internet
  , especially through the active involvement of designated bodies
  . |
| --- | --- |

9.

Promoting European standardisation,
  interoperability of databases
  of filmography
  and their availability to the public, for instance, through the internet
  , especially through the active involvement of designated bodies
  .

| 10. | Exploring the possibility of establishing a network of databases encompassing the European audiovisual heritage together with the relevant organisations, in particular the Council of Europe (Eurimages and the European Audiovisual Observatory). |
| --- | --- |

10.

| 11. | Inviting
  archiving bodies to give value to stocks by organising them in collections at EU level, for instance, by theme, author, period, etc. |
| --- | --- |

11.

Inviting
  archiving bodies to give value to stocks by organising them in collections at EU level, for instance, by theme, author, period, etc.

Preservation

| 12. | Introducing
  legislation or use other methods in accordance with national practices in order to ensure preservation of deposited cinematographic works. Preservation measures should include, in particular:






  (a) | the reproduction of films on new storage mediums; |
| --- | --- | --- |

12.

Introducing
  legislation or use other methods in accordance with national practices in order to ensure preservation of deposited cinematographic works. Preservation measures should include, in particular:

(a)

the reproduction of films on new storage mediums;

| (b) | the preservation of equipment for showing cinematographic works on different mediums. |
| --- | --- |

(b)

the preservation of equipment for showing cinematographic works on different mediums.

Restoration

| 13. | Introducing all appropriate measures in order to
  permit, within their legislation, the reproduction of deposited cinematographic works for the purpose of restoration
  while allowing rightholders to benefit from the improved industrial potential of their works resulting from that restoration on the basis of an agreement between all interested parties
  . |
| --- | --- |

13.

Introducing all appropriate measures in order to
  permit, within their legislation, the reproduction of deposited cinematographic works for the purpose of restoration
  while allowing rightholders to benefit from the improved industrial potential of their works resulting from that restoration on the basis of an agreement between all interested parties
  .

| 14. | Encouraging projects
  for restoration of old films or films with high cultural or historical value. |
| --- | --- |

14.

Encouraging projects
  for restoration of old films or films with high cultural or historical value.

Making deposited cinematographic works accessible for educational,
  cultural,
  research
  or other non-commercial use of similar nature

| 15. | Adopting
  the necessary legislation
  or
  administrative measures to allow designated bodies to make deposited cinematographic works accessible for educational,
  cultural, research or other non-commercial use of similar nature, in all cases in compliance with
  copyright and related rights. |
| --- | --- |

15.

Adopting
  the necessary legislation
  or
  administrative measures to allow designated bodies to make deposited cinematographic works accessible for educational,
  cultural, research or other non-commercial use of similar nature, in all cases in compliance with
  copyright and related rights.

| 16. | Taking appropriate measures to ensure access for people with disabilities to deposited cinematographic works, in all cases in compliance with copyright and related rights. |
| --- | --- |

16.

Professional training
  and media literacy

| 17. | Promoting
  professional training in all fields related to film heritage
  to foster an enhanced exploitation of the industrial potential of film heritage
  . |
| --- | --- |

17.

Promoting
  professional training in all fields related to film heritage
  to foster an enhanced exploitation of the industrial potential of film heritage
  .

| 18. | Promoting the use of film heritage as a way of strengthening the European dimension in education and promoting cultural diversity. |
| --- | --- |

18.

| 19. | Fostering and promoting visual education, film studies and media literacy in education at all levels, professional training programmes and European programmes. |
| --- | --- |

19.

| 20. | Promoting close cooperation between producers, distributors, broadcasters and film institutes for educational purposes while respecting copyright issues. |
| --- | --- |

20.

Deposit

| 21. | Considering the putting in place of
  a system of voluntary
  or mandatory
  deposit of:






  (a) | ancillary and publicity material related to cinematographic works forming part of the national audiovisual heritage; |
| --- | --- | --- |

21.

Considering the putting in place of
  a system of voluntary
  or mandatory
  deposit of:

(a)

ancillary and publicity material related to cinematographic works forming part of the national audiovisual heritage;

| (b) | cinematographic works forming part of national audiovisual heritages from other countries; |
| --- | --- |

(b)

cinematographic works forming part of national audiovisual heritages from other countries;

| (c) | moving image material other than cinematographic works; |
| --- | --- |

(c)

moving image material other than cinematographic works;

| (d) | cinematographic works of the past. |
| --- | --- |

(d)

cinematographic works of the past.

Cooperation between designated bodies

| 22. | Encouraging
  , and
  supporting
  , designated bodies
  for the purpose of exchanging
  information and
  coordinating
  their activities at national and European levels
  in order to
  , for
  example
  :






  (a) | ensure
  the coherence of collecting
  and conservation
  methods and the interoperability of databases; |
| --- | --- | --- |

22.

Encouraging
  , and
  supporting
  , designated bodies
  for the purpose of exchanging
  information and
  coordinating
  their activities at national and European levels
  in order to
  , for
  example
  :

(a)

ensure
  the coherence of collecting
  and conservation
  methods and the interoperability of databases;

| (b) | release
  , for example on
  DVDs, archival
  material with subtitles in
  as many European Union languages as possible, in all cases in compliance with
  copyright and related rights; |
| --- | --- |

(b)

release
  , for example on
  DVDs, archival
  material with subtitles in
  as many European Union languages as possible, in all cases in compliance with
  copyright and related rights;

| (c) | compile
  a European audiovisual filmography; |
| --- | --- |

(c)

compile
  a European audiovisual filmography;

| (d) | develop
  a common standard for electronic information exchange; |
| --- | --- |

(d)

develop
  a common standard for electronic information exchange;

| (e) | produce
  common research and educational projects
  , while promoting the development of European networks of cinema schools and museums
  . |
| --- | --- |

(e)

produce
  common research and educational projects
  , while promoting the development of European networks of cinema schools and museums
  .

Follow-up to the Recommendation

| 23. | Inform the Commission every two years of action taken in response to this Recommendation. |
| --- | --- |

23.

Inform the Commission every two years of action taken in response to this Recommendation.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  
  OJ C 123, 30.4.2004, p. 4.

1

OJ C 123, 30.4.2004, p. 4.

(2)  
  OJ C 74, 23.3.2005, p. 18.

2

OJ C 74, 23.3.2005, p. 18.

(3)  Position of the European Parliament of 10.5.2005.

3

Position of the European Parliament of 10.5.2005.

(4)  OJ C 193, 11.7.2000, p. 1
  .

4

, p. 1

(5)  http://conventions.coe.int, Council of Europe, ETS No 183, opened for signature on 8.11.2001.

5

opened

(6)  
  OJ C 43, 16.2.2002, p. 6
  .

6

OJ C 43,

, p. 6

(7)  2381st Council meeting — Cultural/Audiovisual Affairs (PRES/01/377, 5.11.2001).

7

(8)  

  OJ C 271 E, 12.11.2003, p. 176.

8

OJ C 271 E, 12.11.2003, p. 176.

(9)  

  OJ C 295, 5.12.2003, p. 5
  .

9

OJ C

p. 5

(10)  OJ L 167, 22.6.2001, p. 10
  .

10

L 167, 22.6.2001, p. 10

P6_TA(2005)0168

Port security ***I

European Parliament legislative resolution on the amended proposal for a directive of the European Parliament and of the Council on enhancing port security (COM(2004)0393 — C6-0072/2004 — 2004/0031(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2004) 0393) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2004) 0393) (1),

| — | having regard to Articles 251 (2) and 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0072/2004), |
| --- | --- |

—

having regard to Articles 251 (2) and 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0072/2004),

| — | 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 (A6-0031/2005), |
| --- | --- |

—

having regard to the report of the Committee on Transport and Tourism (A6-0031/2005),

| 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 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)0031

Position of the European Parliament adopted at first reading on 10 May 2005 with a view to the adoption of European Parliament and Council Directive
  2005/.../EC
  on enhancing port security

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) | Security incidents resulting from
  terrorism are among the greatest threats to the ideals of democracy, freedom and peace, which are the very essence of the European Union. |
| --- | --- |

(1)

Security incidents resulting from
  terrorism are among the greatest threats to the ideals of democracy, freedom and peace, which are the very essence of the European Union.

| (2) | People,
  infrastructure and
  equipment in ports should
  be protected against
  security incidents
  and their devastating effects. Such protection would benefit transport users, the economy and society as a whole. |
| --- | --- |

(2)

People,
  infrastructure and
  equipment in ports should
  be protected against
  security incidents
  and their devastating effects. Such protection would benefit transport users, the economy and society as a whole.

| (3) | On
  31 March 2004
  the European Parliament and the Council of the European Union adopted Regulation
  (EC) No 725/2004 on enhancing ship and port facility
  security (4). The maritime security measures imposed by that regulation constitute only part of the measures necessary to achieve an adequate level of security throughout maritime linked transport chains as the regulation is limited in scope to security measures onboard vessels and at the immediate ship/port interface. |
| --- | --- |

(3)

On
  31 March 2004
  the European Parliament and the Council of the European Union adopted Regulation
  (EC) No 725/2004 on enhancing ship and port facility
  security (4). The maritime security measures imposed by that regulation constitute only part of the measures necessary to achieve an adequate level of security throughout maritime linked transport chains as the regulation is limited in scope to security measures onboard vessels and at the immediate ship/port interface.

| (4) | In order to achieve the fullest protection possible for maritime and port industries, port security measures should be introduced
  that apply within the boundaries defined for each port by the Member State concerned, thereby
  ensuring that security measures taken in application of Regulation
  (EC) No 725/2004
  benefit from enhanced security also in
  the areas of port activity.
  These measures should apply to all ports in which one or more port
  facilities covered
  by Regulation
  (EC) No 725/2004 are situated. |
| --- | --- |

(4)

In order to achieve the fullest protection possible for maritime and port industries, port security measures should be introduced
  that apply within the boundaries defined for each port by the Member State concerned, thereby
  ensuring that security measures taken in application of Regulation
  (EC) No 725/2004
  benefit from enhanced security also in
  the areas of port activity.
  These measures should apply to all ports in which one or more port
  facilities covered
  by Regulation
  (EC) No 725/2004 are situated.

| (5) | The security objective described in recital 2 should be achieved by adopting appropriate measure
  without prejudice to the rules of the Member States in the field of national security and measures which might be taken on the basis of Title VI of the Treaty
  on European Union. |
| --- | --- |

(5)

The security objective described in recital 2 should be achieved by adopting appropriate measure
  without prejudice to the rules of the Member States in the field of national security and measures which might be taken on the basis of Title VI of the Treaty
  on European Union.

| (6) | Member States should rely upon detailed security assessments to identify the exact boundaries of the security-relevant port area, as well as the different measures required to ensure appropriate port security. Such measures should differ according to the security level that applies at any particular time and reflect differences in the risk profile of different sections or subareas of the port. |
| --- | --- |

(6)

Member States should rely upon detailed security assessments to identify the exact boundaries of the security-relevant port area, as well as the different measures required to ensure appropriate port security. Such measures should differ according to the security level that applies at any particular time and reflect differences in the risk profile of different sections or subareas of the port.

| (7) | Member States should
  approve
  port security plans which
  incorporate
  the findings of port security assessments. The effectiveness of security measures also requires the clear division of tasks between all parties involved as well as regular exercises. The recording of task assignments and exercise procedures in the format of a port security plan is considered to contribute strongly to the effectiveness of both preventive and remedial port security measures. |
| --- | --- |

(7)

Member States should
  approve
  port security plans which
  incorporate
  the findings of port security assessments. The effectiveness of security measures also requires the clear division of tasks between all parties involved as well as regular exercises. The recording of task assignments and exercise procedures in the format of a port security plan is considered to contribute strongly to the effectiveness of both preventive and remedial port security measures.

| (8) | Roll-on roll-off vessels are particularly vulnerable to
  security incidents,
  in particular if they carry passengers as well as cargo. Adequate measures should be taken on the basis of risk assessments to ensure that cars and goods vehicles destined for transport on roll-on roll-off vessels on domestic and international routes do not cause a risk to the vessel, its passengers and crew or to the cargo. The measures should be
  implemented in
  a way which impedes as little as possible the fluidity of the operations. |
| --- | --- |

(8)

Roll-on roll-off vessels are particularly vulnerable to
  security incidents,
  in particular if they carry passengers as well as cargo. Adequate measures should be taken on the basis of risk assessments to ensure that cars and goods vehicles destined for transport on roll-on roll-off vessels on domestic and international routes do not cause a risk to the vessel, its passengers and crew or to the cargo. The measures should be
  implemented in
  a way which impedes as little as possible the fluidity of the operations.

| (9) | Member States should be able to establish port security committees entrusted with providing practical advice in the covered by this Directive. |
| --- | --- |

(9)

Member States should be able to establish port security committees entrusted with providing practical advice in the covered by this Directive.

| (10) | Member States should ensure that responsibilities in port security are clearly recognised by all parties involved. Member States should monitor the compliance with security rules and clearly establish a responsible authority for all their ports, approve all security assessments and plans for their ports, set and communicate
  as appropriate
  security levels and ensure that measures are well communicated, implemented and
  coordinated. |
| --- | --- |

(10)

Member States should ensure that responsibilities in port security are clearly recognised by all parties involved. Member States should monitor the compliance with security rules and clearly establish a responsible authority for all their ports, approve all security assessments and plans for their ports, set and communicate
  as appropriate
  security levels and ensure that measures are well communicated, implemented and
  coordinated.

| (11) | Member States should approve assessments and plans and monitor their implementation in their ports.
  In order to keep disruption to ports and the administrative burden on inspection bodies to a minimum, the Commission's monitoring of the application of this Directive should be conducted jointly with the inspections provided for in Article 9(4) of Regulation (EC) No 725/2004. |
| --- | --- |

(11)

Member States should approve assessments and plans and monitor their implementation in their ports.
  In order to keep disruption to ports and the administrative burden on inspection bodies to a minimum, the Commission's monitoring of the application of this Directive should be conducted jointly with the inspections provided for in Article 9(4) of Regulation (EC) No 725/2004.

| (12) | Member States should ensure that a focal point takes up the role of contact point between the Commission and Member States.
  They should inform the Commission which ports are covered by this Directive on the basis of the security assessments carried out. |
| --- | --- |

(12)

Member States should ensure that a focal point takes up the role of contact point between the Commission and Member States.
  They should inform the Commission which ports are covered by this Directive on the basis of the security assessments carried out.

| (13) | This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. |
| --- | --- |

(13)

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

| (14) | The effective and standard application of measures adopted under the Community's port policy raises important questions in relation to its funding. The funding of extra security measures should not generate distortions of competition. By 30 June 2006, at the latest, the Commission should submit to the European Parliament and the Council the findings of a study on the costs involved in measures adopted under this Directive, addressing in particular the way financing is shared between the public authorities, port authorities and operators. |
| --- | --- |

(14)

The effective and standard application of measures adopted under the Community's port policy raises important questions in relation to its funding. The funding of extra security measures should not generate distortions of competition. By 30 June 2006, at the latest, the Commission should submit to the European Parliament and the Council the findings of a study on the costs involved in measures adopted under this Directive, addressing in particular the way financing is shared between the public authorities, port authorities and operators.

| (15) | The measures needed to implement 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 (5). A procedure should be defined for the adaptation of this Directive to take account of developments in international instruments and, in the light of experience, to adapt or complement the detailed provisions of the Annexes to this Directive, without
  broadening
  the Directive's scope. |
| --- | --- |

(15)

The measures needed to implement 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 (5). A procedure should be defined for the adaptation of this Directive to take account of developments in international instruments and, in the light of experience, to adapt or complement the detailed provisions of the Annexes to this Directive, without
  broadening
  the Directive's scope.

| (16) | Since the objectives of the proposed action, namely the balanced introduction and application of appropriate measures in the field of maritime transport and port
  policy, can, by
  reason of the European scale of this Directive, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity set out in Article 5 of the Treaty. In accordance with the principle of proportionality set out in that Article, this Directive is limited to the basic joint standards required to achieve the objectives of port security and does not go beyond what is necessary for that purpose. |
| --- | --- |

(16)

Since the objectives of the proposed action, namely the balanced introduction and application of appropriate measures in the field of maritime transport and port
  policy, can, by
  reason of the European scale of this Directive, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity set out in Article 5 of the Treaty. In accordance with the principle of proportionality set out in that Article, this Directive is limited to the basic joint standards required to achieve the objectives of port security and does not go beyond what is necessary for that purpose.

| (17) | Since the present Directive concerns seaports, the obligations herein contained should not apply to Austria, the Czech Republic, Hungary, Luxembourg or Slovakia, |
| --- | --- |

(17)

Since the present Directive concerns seaports, the obligations herein contained should not apply to Austria, the Czech Republic, Hungary, Luxembourg or Slovakia,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Subject-matter

1.   The main objective of this Directive is to introduce and implement Community measures to enhance port security in the face of threats of
  security incidents.

It also seeks to ensure that security measures taken in application of Regulation
  (EC) No 725/2004
  benefit from enhanced
  port security.

2.   The measures referred to in the first subparagraph of paragraph 1 shall consist of:

| (a) | Common basic rules on port security measures; |
| --- | --- |

(a)

Common basic rules on port security measures;

| (b) | An implementation mechanism for these rules; |
| --- | --- |

(b)

An implementation mechanism for these rules;

| (c) | Appropriate compliance monitoring mechanisms. |
| --- | --- |

(c)

Appropriate compliance monitoring mechanisms.

Article 2

Scope

1.   This Directive lays down security measures which must be
  observed in ports. Member States may apply the provisions of this Directive to port-related areas.

2.   The measures laid down in this Directive shall apply to every port located in the territory of a Member State in which one or more port
  facilities covered
  by
  an approved port facility security plan pursuant to
  Regulation
  (EC) No 725/2004 is or are situated.

This Directive shall not apply to military installations in ports.

3.   Member States shall identify for each port the boundaries of the port for the purposes of this Directive, appropriately taking into account information resulting from the port security assessment which gave rise to the port security plan.

4.   Where the boundaries of a port facility within the meaning of Regulation
  (EC) No 725/2004
  have been defined by a Member State as being effectively coterminous with the port, the relevant provisions of Regulation
  (EC) No 725/2004

  shall take precedence over those of this Directive.

Article 3

Definitions

For the purpose of this Directive:

| 1. | ‘port’ means any specified
  area of land and water,
  with boundaries defined by the Member State in which the port is situated,

  containing works
  and equipment
  designed to facilitate commercial maritime transport operations; |
| --- | --- |

1.

‘port’ means any specified
  area of land and water,
  with boundaries defined by the Member State in which the port is situated,

  containing works
  and equipment
  designed to facilitate commercial maritime transport operations;

| 2. | ‘ship/port interface’ means the interactions that occur when a ship is directly and immediately affected by actions involving the movement of persons
  or
  goods or the
  provision
  of port services to or from the ship; |
| --- | --- |

2.

‘ship/port interface’ means the interactions that occur when a ship is directly and immediately affected by actions involving the movement of persons
  or
  goods or the
  provision
  of port services to or from the ship;

| 3. | ‘port facility’ means a location where a ship/port interface takes place; this includes areas such as anchorages, waiting berths and approaches from seaward, as appropriate; |
| --- | --- |

3.

‘port facility’ means a location where a ship/port interface takes place; this includes areas such as anchorages, waiting berths and approaches from seaward, as appropriate;

| 4. | ‘focal point for
  port
  security’ means the body designated by each Member State to serve as contact point for the Commission and other Member States and to facilitate, follow
  up
  and provide information about the application of the
  port
  security measures laid down in this
  Directive; |
| --- | --- |

4.

‘focal point for
  port
  security’ means the body designated by each Member State to serve as contact point for the Commission and other Member States and to facilitate, follow
  up
  and provide information about the application of the
  port
  security measures laid down in this
  Directive;

| 5. | ‘port security authority’ means the authority responsible for security matters in a given port. |
| --- | --- |

5.

‘port security authority’ means the authority responsible for security matters in a given port.

Article 4

Coordination with measures taken in application of Regulation
  (EC) No 725/2004

Member States shall ensure that port security measures introduced by this Directive are closely coordinated with measures taken in application of Regulation
  (EC) No 725/2004.

Article 5

Port security authority

1.   Member States shall designate a port security authority for each port covered by this Directive. A port security authority may be appointed to more than one port.

2.   The port security authority shall be responsible for the
  preparation
  and implementation
  of port
  security
  plans based on the findings
  of port security
  assessments.

3.   Member States may appoint a ‘competent authority for maritime security’ under Regulation
  (EC) No 725/2004
  as port security authority.

Article 6

Port security assessment

1.   Member States shall ensure that port security assessments are
  carried out
  for the ports covered by this Directive. These assessments
  shall
  take due account of the specificities of different sections of a port
  and, where deemed applicable by the relevant authority of the Member State, of its adjacent areas if these have an impact on security in the port
  and shall take into account the assessments for port facilities within the boundaries of the port carried out in application of Regulation
  (EC) No 725/2004.

2.   Each port security assessment shall
  take into account as a minimum
  the detailed requirements specified in Annex I.

3.   Port security assessments may be
  carried out
  by a 
  recognised security
  organisation as referred to in Article 11.

In the case of international maritime transport services, the Member States concerned shall cooperate in the port security assessment.

4.
     
  Port security assessments shall be approved by the Member State concerned.

Article 7

Port security plan

1.   
  Subject to the findings of port security assessments,
  Member States shall ensure
  that port
  security plans are developed, maintained and updated. Port security plans
  shall
  adequately address the specificities of different sections of a port and shall integrate the security plans for port facilities within the boundaries of the port established in application of Regulation
  (EC) No 725/2004.

2.   Port security plans shall identify, for each of the different security levels referred to in Article 8:

| (a) | the procedures to be followed; |
| --- | --- |

(a)

the procedures to be followed;

| (b) | the measures to be put in place; |
| --- | --- |

(b)

the measures to be put in place;

| (c) | the actions to be undertaken. |
| --- | --- |

(c)

the actions to be undertaken.

3.   Each port security plan shall
  take into account as a minimum
  the detailed requirements specified in Annex II. Where and to the extent appropriate, the port security plan shall include security measures to be applied to passengers and vehicles set for embarkation on seagoing vessels which carry passengers and vehicles.

4.   Port security plans may be developed by a 
  recognised security
  organisation as referred to in Article 11.

5.
     
  Port security plans shall be approved by the Member State concerned prior to implementation.

6.   Member States shall ensure that the implementation of port security plans is
  monitored. The monitoring should be
  coordinated with other control activities carried out in the port.

7.   Member States shall ensure that
  adequate exercises
  are performed, taking into account the basic
  security
  training
  exercise
  requirements listed in
  Annex III
  .

Article 8

Security levels

1.   Member States shall introduce a system
  of security
  levels
  for ports or sections or sub-areas of ports.

2.   There shall be three security levels, as defined in Regulation
  (EC) No 725/2004:

| — | Security level 1 means the level for which minimum appropriate protective security measures shall be maintained at all times; |
| --- | --- |

—

Security level 1 means the level for which minimum appropriate protective security measures shall be maintained at all times;

| — | Security level 2 means the level for which additional appropriate protective security measures shall be maintained for a period of time as a result of a heightened risk of a security incident; |
| --- | --- |

—

Security level 2 means the level for which additional appropriate protective security measures shall be maintained for a period of time as a result of a heightened risk of a security incident;

| — | Security level 3 means the level for which further specific protective security measures shall be maintained for a limited period of time when a security incident is probable or imminent, even where it is not possible to identify the specific target. |
| --- | --- |

—

Security level 3 means the level for which further specific protective security measures shall be maintained for a limited period of time when a security incident is probable or imminent, even where it is not possible to identify the specific target.

3.   Member States shall determine the security levels to apply for each port or section of a port.
  At each security level, a Member State may determine that different security measures are to be implemented in different sections of the port depending on the findings of the port security assessment.

4.   Member States shall communicate
  to the appropriate person or persons
  the security level in force for each port
  or section of a port
  as well as any changes
  thereto.

Article 9

Port security officer

1.   A port security officer shall be
  approved by the Member State concerned
  for each port covered by this Directive. Each port shall,
  where practicable,
  have a different port security officer,
  but, if appropriate,

  several ports may share a security officer.

2.   The port security officers shall fulfil the role of point of contact for port security issues.

3.   Where the port security officer is not the same as the port facility(ies) security officer(s) under Regulation
  (EC) No 725/2004,
  close co-operation between them must be
  ensured.

Article

  10

Reviews

1.   Member States shall ensure that port security assessments and port security plans are reviewed
  as appropriate.
  They must be reviewed at least
  once
  every five
  years.

2.
     
  The scope of the review shall be that of Article 6 or 7 as appropriate.

Article 11

Recognised security
  organisation

Member States may appoint recognised security organisations for the purposes specified in this Directive.
  Recognised security
  organisations
  shall
  fulfil the conditions set out in Annex IV.

Article 12

Focal point for port security

Member States shall appoint for port security aspects
  a focal point. Member States may designate for port security aspects
  the focal point appointed under Regulation
  (EC) No 725/2004.

The focal point for port security shall communicate to the Commission a list of ports concerned by this Directive
  and shall inform it of any changes to that list.

Article 13

Implementation and conformity checking

1.   Member States shall set up a system ensuring adequate and regular supervision of port security plans and their implementation.

2.   
  The
  Commission
  shall,
  in co-operation with the focal points referred to in Article 12, monitor
  the application
  of this Directive by Member States.

3.
     
  This monitoring shall be conducted jointly with the inspections provided for in Article 9(4) of Regulation (EC) No 725/2004.

Article 14

Adaptations

The provisions of Annexes I to IV may be amended in accordance with the procedure referred to in Article 15(2), without broadening the scope of this Directive.

Article 15

Committee procedure

1.   The Commission shall be assisted by the committee set up by Regulation
  (EC) No 725/2004.

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 one month.

Article 16

Confidentiality and dissemination of information

1.   In applying this Directive, the Commission
  shall, in
  accordance with the provisions of Commission Decision 2001/844/EC, ECSC, Euratom (6), take appropriate measures to protect information subject to the requirement of confidentiality to which it has access or which is communicated to it by Member States.

The Member States shall take equivalent measures in accordance with relevant national legislation.

2.   Any personnel carrying out security inspections, or handling confidential information related to this Directive, must undergo an appropriate level of security vetting by the Member State of which the person concerned
  is a national.

Article 17

Sanctions

The Member States shall ensure that effective, proportionate and dissuasive sanctions are introduced for infringements of the national provisions adopted pursuant to this Directive.

Article 18

Implementation

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than ... (7). They shall 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.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 19

Evaluation report

No later than ....

   (8)

  and every five years thereafter, the Commission shall submit an evaluation report to the European Parliament and the Council based, among other things, on the information obtained pursuant to Article 13.

In the report, the Commission shall analyse compliance with this Directive by the Member States and the effectiveness of the measures taken. If necessary, it shall present proposals for additional measures.

Article 20

Entry into force

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

Article 21

Addressees

This Directive is addressed to the Member States
  which have ports as referred to in Article 2(2).

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  
  OJ C 302, 7.12.2004, p. 23.

1

OJ C 302, 7.12.2004, p. 23.

(2)  OJ C ...

2

(3)  Position of the European Parliament of 10 May 2005.

3

Position of the European Parliament of 10 May 2005.

(4)  

  OJ L 129, 29.4.2004, p. 6.

4

OJ L 129, 29.4.2004, p. 6.

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

5

(6)  OJ L 317, 3.12.2001, p. 1.

6

(7)  
  18 months after the entry into force of this Directive.

7

18 months after the entry into force of this Directive.

(8)  
  Three years after the entry into force of this Directive.

8

Three years after the entry into force of this Directive.

ANNEX I

PORT SECURITY ASSESSMENT

The port security assessment is the basis for the port security plan and its eventual implementation. The port security assessment shall cover at least:

| — | Identification and evaluation of important assets and infrastructure which it is important to protect; |
| --- | --- |

—

Identification and evaluation of important assets and infrastructure which it is important to protect;

| — | Identification of possible threats to the assets and infrastructure and the likelihood of their occurrence, in order to establish and prioritise security measures; |
| --- | --- |

—

Identification of possible threats to the assets and infrastructure and the likelihood of their occurrence, in order to establish and prioritise security measures;

| — | Identification, selection and prioritisation of counter-measures and procedural changes and their level of effectiveness in reducing vulnerability; and |
| --- | --- |

—

Identification, selection and prioritisation of counter-measures and procedural changes and their level of effectiveness in reducing vulnerability; and

| — | Identification of weaknesses, including human factors in the infrastructure, policies and procedures. |
| --- | --- |

—

Identification of weaknesses, including human factors in the infrastructure, policies and procedures.

For this purpose the assessment shall at least:

| — | identify all areas which are relevant to port security, thus also identifying the port boundaries. This includes port facilities which are already covered by Regulation (EC) No 725/2004 and whose risk assessment will serve as a basis; |
| --- | --- |

—

identify all areas which are relevant to port security, thus also identifying the port boundaries. This includes port facilities which are already covered by Regulation (EC) No 725/2004 and whose risk assessment will serve as a basis;

| — | identify security issues deriving from the interface between port facility and other port security measures; |
| --- | --- |

—

identify security issues deriving from the interface between port facility and other port security measures;

| — | identify
  which port personnel should be subject to background checks and/or security clearance because of their involvement in high risk areas; |
| --- | --- |

—

identify
  which port personnel should be subject to background checks and/or security clearance because of their involvement in high risk areas;

| — | subdivide, if useful, the port according to the propensity to security incidents of its sections or sub-areas, on the basis not only of their direct profile as a potential target, but also their potential role of passage when neighbouring areas are targeted; |
| --- | --- |

—

subdivide, if useful, the port according to the propensity to security incidents of its sections or sub-areas, on the basis not only of their direct profile as a potential target, but also their potential role of passage when neighbouring areas are targeted;

| — | identify risk variations, e.g. those based on seasonality; |
| --- | --- |

—

identify risk variations, e.g. those based on seasonality;

| — | identify the specific characteristics of each sub-area, such as location, accesses, power supply, communication system, ownership and users and other elements considered security-relevant; |
| --- | --- |

—

identify the specific characteristics of each sub-area, such as location, accesses, power supply, communication system, ownership and users and other elements considered security-relevant;

| — | identify potential threat scenarios for
  the port. The entire port or specific parts of its
  infrastructure, cargo, baggage, people or transport equipment within
  the port
  can be a direct target of an identified
  threat; |
| --- | --- |

—

identify potential threat scenarios for
  the port. The entire port or specific parts of its
  infrastructure, cargo, baggage, people or transport equipment within
  the port
  can be a direct target of an identified
  threat;

| — | identify the specific consequences of a threat scenario. Consequences can impact on one or more sub-areas. Both direct and indirect consequences should be identified. Special attention should be given to the risk of human casualties; |
| --- | --- |

—

identify the specific consequences of a threat scenario. Consequences can impact on one or more sub-areas. Both direct and indirect consequences should be identified. Special attention should be given to the risk of human casualties;

| — | identify the possibility of cluster effects of
  security incidents; |
| --- | --- |

—

identify the possibility of cluster effects of
  security incidents;

| — | identify the vulnerabilities of each sub-area; |
| --- | --- |

—

identify the vulnerabilities of each sub-area;

| — | identify all organisational aspects relevant to overall port security, including the division of all security-related authorities, existing rules and procedures; |
| --- | --- |

—

identify all organisational aspects relevant to overall port security, including the division of all security-related authorities, existing rules and procedures;

| — | identify vulnerabilities of the overarching port security related to organisational, legislative and procedural aspects; |
| --- | --- |

—

identify vulnerabilities of the overarching port security related to organisational, legislative and procedural aspects;

| — | identify measures, procedures and actions aimed at reducing critical vulnerabilities. Specific attention should be paid to the need for, and the means of, access control or restrictions to the entire port or to specific sections or sub-areas of a port, including identification of passengers, port employees or other workers, visitors and ship crews, area or activity monitoring requirements, cargo and luggage control. Measures, procedures and actions should be consistent perceived risk, which may vary between port
  sub-areas
  ; |
| --- | --- |

—

identify measures, procedures and actions aimed at reducing critical vulnerabilities. Specific attention should be paid to the need for, and the means of, access control or restrictions to the entire port or to specific sections or sub-areas of a port, including identification of passengers, port employees or other workers, visitors and ship crews, area or activity monitoring requirements, cargo and luggage control. Measures, procedures and actions should be consistent perceived risk, which may vary between port
  sub-areas
  ;

| — | identify
  how measures, procedures and actions should be reinforced in the event of an increase of security level; |
| --- | --- |

—

identify
  how measures, procedures and actions should be reinforced in the event of an increase of security level;

| — | identify specific requirements for dealing with established security concerns, such as ‘suspect’ cargo, luggage, bunker, provisions or persons, unknown parcels, known dangers (e.g. bombs). These requirements should analyse desirability conditions for either clearing the risk, where it is encountered or after moving it to a secure area; |
| --- | --- |

—

identify specific requirements for dealing with established security concerns, such as ‘suspect’ cargo, luggage, bunker, provisions or persons, unknown parcels, known dangers (e.g. bombs). These requirements should analyse desirability conditions for either clearing the risk, where it is encountered or after moving it to a secure area;

| — | identify measures, procedures and actions aimed at limiting and mitigating consequences; |
| --- | --- |

—

identify measures, procedures and actions aimed at limiting and mitigating consequences;

| — | identify task divisions allowing for the appropriate and correct implementation of the measures, procedures and actions identified; |
| --- | --- |

—

identify task divisions allowing for the appropriate and correct implementation of the measures, procedures and actions identified;

| — | pay specific attention, where appropriate, to the relationship with other security plans (e.g. port facility security plans) and other existing security measures. Attention should also be paid to the relationship with other response plans (e.g. oil spill response plan, port contingency plan, medical intervention plan, nuclear disaster plan, etc.); |
| --- | --- |

—

pay specific attention, where appropriate, to the relationship with other security plans (e.g. port facility security plans) and other existing security measures. Attention should also be paid to the relationship with other response plans (e.g. oil spill response plan, port contingency plan, medical intervention plan, nuclear disaster plan, etc.);

| — | identify communication requirements for implementation of the measures and procedures; |
| --- | --- |

—

identify communication requirements for implementation of the measures and procedures;

| — | pay specific attention to measures to protect security-sensitive information from disclosure. Identify the need-to-know requirements of all those directly involved as well as, where appropriate, the general public. |
| --- | --- |

—

pay specific attention to measures to protect security-sensitive information from disclosure. Identify the need-to-know requirements of all those directly involved as well as, where appropriate, the general public.

ANNEX II

PORT SECURITY PLAN

The port security plan sets out the port's security arrangements. It will be based on the findings of the port security assessment. It will clearly set out detailed measures. It will contain a control mechanism allowing, where necessary, for appropriate corrective measures to be taken.

The port security plan will:

| — | Define all areas relevant to port security. Depending on the port security assessment, measures, procedures and actions may vary from sub-area to sub-area. Indeed, some sub-areas may require stronger preventive measures than others. Special attention should be paid to the interfaces between sub-areas, as identified in the port security assessment; |
| --- | --- |

—

Define all areas relevant to port security. Depending on the port security assessment, measures, procedures and actions may vary from sub-area to sub-area. Indeed, some sub-areas may require stronger preventive measures than others. Special attention should be paid to the interfaces between sub-areas, as identified in the port security assessment;

| — | Ensure coordination between security measures for sub-areas with different security characteristics; |
| --- | --- |

—

Ensure coordination between security measures for sub-areas with different security characteristics;

| — | Provide, where necessary, for varying measures both with regard to different sub-areas of the port, changing security levels, and specific intelligence; |
| --- | --- |

—

Provide, where necessary, for varying measures both with regard to different sub-areas of the port, changing security levels, and specific intelligence;

| — | Identify an organisational structure supporting the enhancement of port security. |
| --- | --- |

—

Identify an organisational structure supporting the enhancement of port security.

On the basis of those general aspects the port security plan shall attribute tasks and specify work plans in the following fields:

| — | access requirements. For some sub-areas, requirements will only enter into force when security levels exceed minimal thresholds. All requirements and thresholds should be comprehensively included in the port security plan; |
| --- | --- |

—

access requirements. For some sub-areas, requirements will only enter into force when security levels exceed minimal thresholds. All requirements and thresholds should be comprehensively included in the port security plan;

| — | ID, luggage and cargo control requirements. Requirements may or may not apply to sub-areas; requirements may or may not apply in full to different sub-areas. Persons entering or within a sub-area may be liable to control. The port security plan will appropriately respond to the findings of the port security assessment, which is the tool by which the security requirements of each sub-area and at each security level are identified. When dedicated identification cards are developed for port security purposes, clear procedures should be established for the issue, the use-control and the return of such documents. Such procedures should take into account the specificities of certain groups of port users allowing for dedicated measures in order to limit the negative impact of access control requirements. Categories should at least include seafarers, authority
  officials, people
  regularly working
  in
  or visiting the port, residents living in the port and people occasionally working
  in
  or visiting the port; |
| --- | --- |

—

ID, luggage and cargo control requirements. Requirements may or may not apply to sub-areas; requirements may or may not apply in full to different sub-areas. Persons entering or within a sub-area may be liable to control. The port security plan will appropriately respond to the findings of the port security assessment, which is the tool by which the security requirements of each sub-area and at each security level are identified. When dedicated identification cards are developed for port security purposes, clear procedures should be established for the issue, the use-control and the return of such documents. Such procedures should take into account the specificities of certain groups of port users allowing for dedicated measures in order to limit the negative impact of access control requirements. Categories should at least include seafarers, authority
  officials, people
  regularly working
  in
  or visiting the port, residents living in the port and people occasionally working
  in
  or visiting the port;

| — | liaison with cargo control, baggage and passenger control authorities. Where necessary, the plan is to provide for the linking of the information and clearance systems of these authorities, including possible pre-arrival clearance systems; |
| --- | --- |

—

liaison with cargo control, baggage and passenger control authorities. Where necessary, the plan is to provide for the linking of the information and clearance systems of these authorities, including possible pre-arrival clearance systems;

| — | procedures and measures for dealing with suspect cargo, luggage, bunker, provisions or persons, including identification of a secure area; as well as for other security concerns and breaches of port security; |
| --- | --- |

—

procedures and measures for dealing with suspect cargo, luggage, bunker, provisions or persons, including identification of a secure area; as well as for other security concerns and breaches of port security;

| — | monitoring requirements for sub-areas or activities within sub-areas. Both the need for technical solutions and the solutions themselves will be derived from the port security assessment; |
| --- | --- |

—

monitoring requirements for sub-areas or activities within sub-areas. Both the need for technical solutions and the solutions themselves will be derived from the port security assessment;

| — | signposting. Areas with access and/or control requirements, should be properly signposted. Control and access requirements shall appropriately take into account all relevant existing law and practices. Monitoring of activities should be appropriately indicated if national legislation so requires; |
| --- | --- |

—

signposting. Areas with access and/or control requirements, should be properly signposted. Control and access requirements shall appropriately take into account all relevant existing law and practices. Monitoring of activities should be appropriately indicated if national legislation so requires;

| — | communication and security clearance. All relevant security information must be properly communicated according to security clearance standards included in the plan. In view of the sensitivity of some information, communication will be based on a need-to-know basis, but it will include where necessary procedures for communications addressed to the general public. Security clearance standards will form part of the plan and are aimed at protecting security sensitive information against unauthorised disclosure; |
| --- | --- |

—

communication and security clearance. All relevant security information must be properly communicated according to security clearance standards included in the plan. In view of the sensitivity of some information, communication will be based on a need-to-know basis, but it will include where necessary procedures for communications addressed to the general public. Security clearance standards will form part of the plan and are aimed at protecting security sensitive information against unauthorised disclosure;

| — | reporting of security incidents. With a view to ensuring a rapid response the port security plan should set out clear reporting requirements to the port security officer of all security incidents and/or to the competent authority for port security; |
| --- | --- |

—

reporting of security incidents. With a view to ensuring a rapid response the port security plan should set out clear reporting requirements to the port security officer of all security incidents and/or to the competent authority for port security;

| — | integration with other preventive plans or activities. The plan should specifically deal with integration with other preventive and control activities in force in the port; |
| --- | --- |

—

integration with other preventive plans or activities. The plan should specifically deal with integration with other preventive and control activities in force in the port;

| — | integration with other response plans and/or inclusion of specific response measures, procedures and actions. The plan should detail interaction and coordination with other response and emergency plans. Where necessary conflicts and shortcomings should be resolved; |
| --- | --- |

—

integration with other response plans and/or inclusion of specific response measures, procedures and actions. The plan should detail interaction and coordination with other response and emergency plans. Where necessary conflicts and shortcomings should be resolved;

| — | training and exercise requirements; |
| --- | --- |

—

training and exercise requirements;

| — | operational port security organisation and working procedures. The port security plan will detail the port security organisation, its task division and working procedures. It will also detail the coordination with port facility and ship security officers, where appropriate. It will delineate the tasks of the port security committee, if this exists; |
| --- | --- |

—

operational port security organisation and working procedures. The port security plan will detail the port security organisation, its task division and working procedures. It will also detail the coordination with port facility and ship security officers, where appropriate. It will delineate the tasks of the port security committee, if this exists;

| — | procedures for adapting and updating the port security plan. |
| --- | --- |

—

procedures for adapting and updating the port security plan.

ANNEX III

BASIC
  SECURITY
  TRAINING
  EXERCISE
  REQUIREMENTS

Various types of
  training
  exercises which may involve the participation of port facility security officers, in conjunction with the relevant authorities of Member States, company security officers, or ship security officers, if available, should be carried out at least once each calendar year with no more than 18 months elapsing between the
  training
  exercises. Requests for the participation of company security officers or ships security officers in joint
  training
  exercises should be made bearing in mind the security and work implications for the ship. These
  training
  exercises should test communication, coordination, resource availability and response. These
  training
  exercises may be:

| 1) | full scale or live; |
| --- | --- |

1)

full scale or live;

| 2) | tabletop simulation or seminar; or |
| --- | --- |

2)

tabletop simulation or seminar; or

| 3) | combined with other exercises held, such as emergency response or other port State authority exercises. |
| --- | --- |

3)

combined with other exercises held, such as emergency response or other port State authority exercises.

ANNEX IV

CONDITIONS TO BE FULFILLED BY A 
  RECOGNISED SECURITY
  ORGANISATION

A
  recognised security
  organisation should be able to demonstrate:

| 1) | expertise in relevant aspects of port security; |
| --- | --- |

1)

expertise in relevant aspects of port security;

| 2) | an appropriate knowledge of port operations, including knowledge of port design and construction; |
| --- | --- |

2)

an appropriate knowledge of port operations, including knowledge of port design and construction;

| 3) | an appropriate knowledge of other security relevant operations potentially affecting port security; |
| --- | --- |

3)

an appropriate knowledge of other security relevant operations potentially affecting port security;

| 4) | the capability to assess the likely port security risks; |
| --- | --- |

4)

the capability to assess the likely port security risks;

| 5) | the ability to maintain and improve the port security expertise of its personnel; |
| --- | --- |

5)

the ability to maintain and improve the port security expertise of its personnel;

| 6) | the ability to monitor the continuing trustworthiness of its personnel; |
| --- | --- |

6)

the ability to monitor the continuing trustworthiness of its personnel;

| 7) | the ability to maintain appropriate measures to avoid unauthorised disclosure of, or access to, security-sensitive material; |
| --- | --- |

7)

the ability to maintain appropriate measures to avoid unauthorised disclosure of, or access to, security-sensitive material;

| 8) | knowledge of relevant national and international legislation and security requirements; |
| --- | --- |

8)

knowledge of relevant national and international legislation and security requirements;

| 9) | knowledge of current security threats and patterns; |
| --- | --- |

9)

knowledge of current security threats and patterns;

| 10) | ability to recognise and detect weapons, dangerous substances and devices; |
| --- | --- |

10)

ability to recognise and detect weapons, dangerous substances and devices;

| 11) | ability to recognise, on a non-discriminatory basis, characteristics and behavioural patterns of persons who are likely to threaten port security; |
| --- | --- |

11)

ability to recognise, on a non-discriminatory basis, characteristics and behavioural patterns of persons who are likely to threaten port security;

| 12) | knowledge of techniques used to circumvent security measures; |
| --- | --- |

12)

knowledge of techniques used to circumvent security measures;

| 13) | knowledge of security and surveillance equipment and systems and their operational limitations. |
| --- | --- |

13)

knowledge of security and surveillance equipment and systems and their operational limitations.

A
  recognised security
  organisation which has made a port security assessment or review of such an assessment for a port may not establish or review the port security plan for the same port.

P6_TA(2005)0169

Justice for the McCartney Family

European Parliament resolution on violence and criminality by the self-styled‘Irish Republican Army’ (IRA) in Northern Ireland, in particular the murder of Robert McCartney

The European Parliament,

| — | having regard to Rule 103(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 103(2) of its Rules of Procedure,

| A. | whereas on 30 January 2005 a citizen of Belfast, Robert McCartney, was brutally murdered by members of the self-styled ‘Irish Republican Army’ (IRA), who attempted to cover up the crime and ordered all witnesses to be silent about the involvement of IRA members, |
| --- | --- |

A.

whereas on 30 January 2005 a citizen of Belfast, Robert McCartney, was brutally murdered by members of the self-styled ‘Irish Republican Army’ (IRA), who attempted to cover up the crime and ordered all witnesses to be silent about the involvement of IRA members,

| B. | whereas Robert McCartney's sisters, Catherine McCartney, Paula Arnold, Gemma McMahon, Claire McCartney and Donna Mary McCartney, and his partner, Bridgeen Karen Hagans, refused to accept the code of silence and have bravely and persistently challenged the IRA by demanding justice for the murder of Robert McCartney, |
| --- | --- |

B.

whereas Robert McCartney's sisters, Catherine McCartney, Paula Arnold, Gemma McMahon, Claire McCartney and Donna Mary McCartney, and his partner, Bridgeen Karen Hagans, refused to accept the code of silence and have bravely and persistently challenged the IRA by demanding justice for the murder of Robert McCartney,

| C. | whereas in the region of seventy witnesses are believed to have been present in the area of Magennis's Bar immediately before and after the fight that led to the death of Robert McCartney, |
| --- | --- |

C.

whereas in the region of seventy witnesses are believed to have been present in the area of Magennis's Bar immediately before and after the fight that led to the death of Robert McCartney,

| D. | whereas, when outcry over the murder increased, the IRA and Sinn Féin, the political wing of the IRA, suspended or expelled some members, |
| --- | --- |

D.

whereas, when outcry over the murder increased, the IRA and Sinn Féin, the political wing of the IRA, suspended or expelled some members,

| E. | whereas the leadership of Sinn Féin has called for justice, but has not called on those responsible for the murder or any of those who witnessed the murder to cooperate fully and directly with the Police Service of Northern Ireland, |
| --- | --- |

E.

whereas the leadership of Sinn Féin has called for justice, but has not called on those responsible for the murder or any of those who witnessed the murder to cooperate fully and directly with the Police Service of Northern Ireland,

| F. | whereas on 8 March 2005 the IRA issued an outrageous statement, in which it said it ‘was willing to shoot the killers of Robert McCartney’, |
| --- | --- |

F.

whereas on 8 March 2005 the IRA issued an outrageous statement, in which it said it ‘was willing to shoot the killers of Robert McCartney’,

| G. | whereas those involved in the ongoing efforts to secure justice for Robert McCartney have been subject to a recent whispering campaign seeking to intimidate and to undermine the credibility of their case, |
| --- | --- |

G.

whereas those involved in the ongoing efforts to secure justice for Robert McCartney have been subject to a recent whispering campaign seeking to intimidate and to undermine the credibility of their case,

| H. | whereas valuable work has been done by the EU Peace Fund in Northern Ireland and the Border Region of Ireland, |
| --- | --- |

H.

whereas valuable work has been done by the EU Peace Fund in Northern Ireland and the Border Region of Ireland,

| I. | whereas peace and violence cannot coexist in Northern Ireland, |
| --- | --- |

I.

whereas peace and violence cannot coexist in Northern Ireland,

| 1. | Condemns violence and criminality by the self-styled ‘Irish Republican Army’ (IRA) in Northern Ireland, in particular the murder of Robert McCartney; |
| --- | --- |

1.

Condemns violence and criminality by the self-styled ‘Irish Republican Army’ (IRA) in Northern Ireland, in particular the murder of Robert McCartney;

| 2. | Stresses in the strongest possible terms that the sisters and partner of Robert McCartney deserve the fullest support in their pursuit of justice; |
| --- | --- |

2.

Stresses in the strongest possible terms that the sisters and partner of Robert McCartney deserve the fullest support in their pursuit of justice;

| 3. | Calls on the leadership of Sinn Féin to insist that those responsible for the murder and witnesses to the murder cooperate directly with the Police Service of Northern Ireland and be free from the threat of reprisals from the IRA; |
| --- | --- |

3.

Calls on the leadership of Sinn Féin to insist that those responsible for the murder and witnesses to the murder cooperate directly with the Police Service of Northern Ireland and be free from the threat of reprisals from the IRA;

| 4. | Deplores the insidious whispering campaign aimed at intimidating and discrediting the sisters and fiancée of Robert McCartney in their fight for justice; |
| --- | --- |

4.

Deplores the insidious whispering campaign aimed at intimidating and discrediting the sisters and fiancée of Robert McCartney in their fight for justice;

| 5. | Calls on the Council and the Commission to provide all appropriate assistance to law enforcement authorities in Northern Ireland in order to ensure that the murderers of Robert McCartney are brought to justice; |
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5.

Calls on the Council and the Commission to provide all appropriate assistance to law enforcement authorities in Northern Ireland in order to ensure that the murderers of Robert McCartney are brought to justice;

| 6. | Proposes that, if the Police Service of Northern Ireland is unable to bring a prosecution in relation to the murder of Robert McCartney, the European Union grant a financial contribution, in conformity with the Financial Regulation, toward the cost of legal fees incurred by the McCartney family in their quest for justice by way of civil proceedings; |
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6.

Proposes that, if the Police Service of Northern Ireland is unable to bring a prosecution in relation to the murder of Robert McCartney, the European Union grant a financial contribution, in conformity with the Financial Regulation, toward the cost of legal fees incurred by the McCartney family in their quest for justice by way of civil proceedings;

| 7. | Asks in this connection that the Commission make such a contribution from the budget line in the general budget of the EU intended for aid for the victims of terrorism; |
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7.

Asks in this connection that the Commission make such a contribution from the budget line in the general budget of the EU intended for aid for the victims of terrorism;

| 8. | Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States and the accession and candidate countries, and the Council of Europe. |
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8.

Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States and the accession and candidate countries, and the Council of Europe.

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