# Official Journal C 317E/2006

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 317E |
| | |
| English edition | Information and Notices | Volume 4923 December 2006 |

ISSN 1725-2423

Official Journal

of the European Union

C 317E

English edition

Information and Notices

Volume 4923 December 2006

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | EUROPEAN PARLIAMENT |
| | Monday, 11 December 2006 |
| 2006/C 317E/01 | MINUTES | 1 |
| PROCEEDINGS OF THE SITTING | 1 |
| Resumption of session | 1 |
| Approval of Minutes of previous sitting | 1 |
| Membership of Parliament (Observers) | 1 |
| Request for the defence of parliamentary immunity | 1 |
| Signature of acts adopted under codecision | 2 |
| Documents received | 3 |
| Written declarations (Rule 116) | 8 |
| Written declarations and oral questions (tabling) | 8 |
| Petitions | 8 |
| Texts of agreements forwarded by the Council | 11 |
| Decisions concerning certain documents | 12 |
| Order of business | 12 |
| One-minute speeches on matters of political importance | 13 |
| European Chemicals Agency ***II — Amendment of Directive 67/548/EEC on dangerous substances (REACH) ***II (debate) | 13 |
| Community Customs Code ***I — Customs 2013 programme ***I (debate) | 14 |
| Prevention of injury and promotion of safety * (debate) | 14 |
| Expenditure in the veterinary field * (debate) | 15 |
| Banana sector * (debate) | 15 |
| Circulation of compound feedingstuffs ***I (debate) | 15 |
| Agenda for next sitting | 16 |
| Closure of sitting | 16 |
| ATTENDANCE REGISTER | 17 |
| | Tuesday, 12 December 2006 |
| 2006/C 317E/02 | MINUTES | 19 |
| PROCEEDINGS OF THE SITTING | 19 |
| Opening of sitting | 19 |
| Debates on cases of breaches of human rights, democracy and the rule of law (announcement of motions for resolutions tabled) | 19 |
| Documents received | 20 |
| Transfers of appropriations | 22 |
| Legislative and work programme of the Commission for 2007 (motions for resolutions tabled) | 24 |
| Russia-EU Summit (motions for resolutions tabled) | 24 |
| Vote on request for urgent procedure | 25 |
| Financing instrument for development cooperation ***II — A financing instrument for cooperation with industrialised and other high-income countries and territories * (debate) | 26 |
| Protection of groundwater against pollution and deterioration ***III (debate) | 26 |
| Welcome | 27 |
| Voting time | 27 |
| Appointment of the Bulgarian Commissioner (vote) | 27 |
| Appointment of the Romanian Commissioner (vote) | 27 |
| Award of the Sakharov Prize (Formal sitting) | 27 |
| Agenda | 28 |
| Voting time (continuation) | 28 |
| Nomination of the Bulgarian Member of the Court of Auditors (Rule 131) (vote) | 28 |
| Nomination of the Romanian Member of the Court of Auditors (Rule 131) (vote) | 28 |
| Modalities of Iceland and Norway's participation in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union * (Rule 131) (vote) | 29 |
| Community action programme in the field of consumer policy (2007-2013) ***II (Rule 131) (vote) | 29 |
| Prevention, control and eradication of certain transmissible spongiform encephalopathies ***II (Rule 131) (vote) | 29 |
| Statistical data on landings of fishery products ***II (Rule 131) (vote) | 30 |
| Protection of minors and human dignity and the right of reply ***II (Rule 131) (vote) | 30 |
| Customs 2013 programme ***I (Rule 131) (vote) | 30 |
| A paperless environment for customs and trade ***I (Rule 131) (vote) | 30 |
| Community surveys on the structure of agricultural holdings ***I (Rule 131) (vote) | 31 |
| Cooperation between Asset Recovery Offices * (Rule 131) (vote) | 31 |
| Expenditure in the veterinary field * (Rule 131) (vote) | 31 |
| Protection of groundwater against pollution and deterioration ***III (vote) | 32 |
| Financing instrument for development cooperation ***II (vote) | 32 |
| Community Customs Code ***I (vote) | 32 |
| Circulation of compound feedingstuffs ***I (vote) | 32 |
| Statistics on foreign affiliates ***I (vote) | 33 |
| Financing instrument for the promotion of democracy and human rights worldwide ***I (vote) | 33 |
| Prevention of injury and promotion of safety * (vote) | 34 |
| A financing instrument for cooperation with industrialised and other high-income countries and territories * (vote) | 34 |
| Explanations of vote | 34 |
| Corrections to votes and voting intentions | 35 |
| Approval of Minutes of previous sitting | 35 |
| Coordination of some of the Member States' provisions on television broadcasting ***I (debate) | 35 |
| European Union annual report on human rights (debate) | 36 |
| Draft general budget for 2007, amended by the Council (all sections) — Financial Regulation applicable to the general budget of the European Communities * — Draft amending budget No 6/2006 (debate) | 36 |
| Agenda | 37 |
| Question Time (Commission) | 37 |
| Establishing the European Globalisation adjustment Fund ***I (debate) | 38 |
| European Institute for Gender Equality ***II (debate) | 39 |
| Type approval of motor vehicles with respect to emissions and access to vehicle repair information ***I (debate) | 39 |
| Membership of Parliament | 40 |
| Agenda for next sitting | 40 |
| Closure of sitting | 40 |
| ATTENDANCE REGISTER | 41 |
| ANNEX I | 43 |
| ANNEX II | 50 |
| TEXTS ADOPTED | 58 |
| P6_TA(2006)0529Nomination of the Bulgarian CommissionerEuropean Parliament decision approving the appointment of Mrs Meglena Kuneva, the new Member of the Commission nominated by the Republic of Bulgaria | 58 |
| P6_TA(2006)0530Nomination of the Romanian CommissionerEuropean Parliament decision approving the appointment of Mr Leonard Orban, the new Member of the Commission nominated by Romania | 59 |
| P6_TA(2006)0531Nomination of the Bulgarian Member of the Court of AuditorsEuropean Parliament decision on the nomination of Nadezhda Sandolova as a Member of the Court of Auditors (C6-0411/2006 — 2006/0811(CNS)) | 59 |
| P6_TA(2006)0532Nomination of the Romanian Member of the Court of AuditorsEuropean Parliament decision on the nomination of Ovidiu Ispir as a Member of the Court of Auditors (C6-0410/2006 — 2006/0812(CNS)) | 60 |
| P6_TA(2006)0533Modalities of Iceland and Norway's participation in the European Agency for the Management of Operational Cooperation at the External Borders of the Members States of the European Union *European Parliament legislative resolution on the proposal for a Council decision on the conclusion, on behalf of the European Community, of an Arrangement between the European Community and the Republic of Iceland and the Kingdom of Norway on the modalities of those states' participation in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (COM(2006)0178 — C6-0358/2006 — 2006/0063 (CNS)) | 60 |
| P6_TA(2006)0534Community action programme in the field of consumer policy (2007-2013) ***IIEuropean Parliament legislative resolution on the Council common position for adopting a decision of the European Parliament and of the Council establishing a programme of Community action in the field of consumer policy (2007-2013) (13241/1/2006 — C6-0420/2006 — 2005/0042B(COD)) | 61 |
| P6_TA(2006)0535Prevention, control and eradication of certain transmissible spongiform encephalopathies ***IIEuropean Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (14224/4/2006 — C6-0432/2006 — 2004/0270B(COD)) | 62 |
| P6_TA(2006)0536Statistical data on landings of fishery products ***IIEuropean Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council on the submission of statistical data on landings of fishery products in Member States and repealing Council Regulation (EEC) No 1382/91 (14283/1/2006 — C6-0421/2006 — 2005/0223(COD)) | 62 |
| P6_TA(2006)0537Protection of minors and human dignity and the right of reply ***IIEuropean Parliament legislative resolution on the Council common position for adopting a recommendation of the European Parliament and of the Council on the protection of minors and human dignity and on the right of reply in relation to the competitiveness of the European audiovisual and online information services industry (9577/1/2006 — C6-0313/2006 — 2004/0117(COD)) | 63 |
| P6_TA(2006)0538Customs 2013 programme ***IEuropean Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council establishing an action programme for customs in the Community (Customs 2013) (COM(2006)0201 — C6-0158/2006 — 2006/0075(COD)) | 64 |
| P6_TC1-COD(2006)0075Position of the European Parliament adopted at first reading on 12 December 2006 with a view to the adoption of Decision No .../2007/EC of the European Parliament and of the Council establishing an action programme for customs in the Community (Customs 2013) | 64 |
| P6_TA(2006)0539A paperless environment for customs and trade ***IEuropean Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council on a paperless environment for customs and trade (COM(2005)0609 — C6-0420/2005 — 2005/0247(COD)) | 74 |
| P6_TA(2006)0540Community surveys on the structure of agricultural holdings ***IEuropean Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on amending Council Regulation (EEC) No 571/88 on the organisation of Community surveys on the structure of agricultural holdings, as regards the financial framework for the period 2007-2009 and the maximum Community contribution for Bulgaria and Romania (COM(2006)0344 — C6-0217/2006 — 2006/0112(COD)) | 74 |
| P6_TC1-COD(2006)0112Position of the European Parliament adopted at first reading on 12 December 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council on amending Council Regulation (EEC) No 571/88 on the organisation of Community surveys on the structure of agricultural holdings, as regards the financial framework for the period 2007-2009 and the maximum Community contribution for Bulgaria and Romania | 75 |
| P6_TA(2006)0541Cooperation between Asset Recovery Offices *European Parliament legislative resolution on the initiative by the Republic of Austria, the Kingdom of Belgium and the Republic of Finland with a view to the adoption of a Council Decision concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to, crime (7259/2006 — C6-0122/2006 — 2006/0805(CNS)) | 76 |
| P6_TA(2006)0542Expenditure in the veterinary field *European Parliament legislative resolution on the proposal for a Council decision amending Decision 90/424/EEC on expenditure in the veterinary field (COM(2006)0273 — C6-0199/2006 — 2006/0098(CNS)) | 78 |
| P6_TA(2006)0543Protection of groundwater against pollution and deterioration ***IIIEuropean Parliament legislative resolution on the joint text approved by the Conciliation Committee for a directive of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration (PE-CONS 3658/2006 — C6-0382/2006 — 2003/0210(COD)) | 81 |
| P6_TA(2006)0544Financing instrument for development cooperation ***IIEuropean Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council establishing a financing instrument for development cooperation (11944/2/2006 — C6-0357/2006 — 2004/0220(COD)) | 82 |
| P6_TA(2006)0545Community Customs Code ***IEuropean Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council laying down the Community Customs Code (Modernized Customs Code) (COM(2005)0608 — C6-0419/2005 — 2005/0246(COD)) | 82 |
| P6_TC1-COD(2005)0246Position of the European Parliament adopted at first reading on 12 December 2006 with a view to the adoption of Regulation (EC) No .../2007 of the European Parliament and of the Council laying down the Community Customs Code (Modernized Customs Code) | 83 |
| ANNEX | 159 |
| P6_TA(2006)0546Circulation of compound feedingstuffs ***IEuropean Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council correcting Directive 2002/2/EC amending Council Directive 79/373/EEC on the circulation of compound feedingstuffs (COM(2006)0340 — C6-0209/2006 — 2006/0117(COD)) | 166 |
| P6_TC1-COD(2006)0117Position of the European Parliament adopted at first reading on 12 December 2006 with a view to the adoption of Decision No .../2006/EC of the European Parliament and of the Council correcting Directive 2002/2/EC amending Council Directive 79/373/EEC on the circulation of compound feedingstuffs | 166 |
| P6_TA(2006)0547Statistics on foreign affiliates ***IEuropean Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on Community statistics on the structure and activity of foreign affiliates (COM(2005)0088 — C6-0084/2005 — 2005/0016(COD)) | 168 |
| P6_TC1-COD(2005)0016Position of the European Parliament adopted at first reading on 12 December 2006 with a view to the adoption of Regulation (EC) No .../2007 of the European Parliament and of the Council on Community statistics on the structure and activity of foreign affiliates | 169 |
| ANNEX ICOMMON MODULE FOR INWARD STATISTICS ON FOREIGN AFFILIATES | 174 |
| ANNEX IICOMMON MODULE FOR OUTWARD STATISTICS ON FOREIGN AFFILIATES | 176 |
| ANNEX IIILEVELS FOR DETAILED INFORMATION BY GEOGRAPHY AND BY ACTIVITY | 177 |
| P6_TA(2006)0548Financing instrument for the promotion of democracy and human rights worldwide ***IEuropean Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on establishing a financing instrument for the promotion of democracy and human rights worldwide (European Instrument for Democracy and Human Rights) (COM(2006)0354 — C6-0206/2006 — 2006/0116(COD)) | 185 |
| P6_TC1-COD(2006)0116Position of the European Parliament adopted at first reading on 12 December 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and Council on establishing a financing instrument for the promotion of democracy and human rights worldwide (European Instrument for Democracy and Human Rights) | 185 |
| P6_TA(2006)0549Prevention of injury and promotion of safety *European Parliament legislative resolution on the proposal for a Council recommendation on the prevention of injury and the promotion of safety (COM(2006)0329 — C6-0238/2006 — 2006/0106(CNS)) | 199 |
| P6_TA(2006)0550A financing instrument for cooperation with industrialised and other high-income countries and territories *European Parliament legislative resolution on the draft Council Regulation establishing a financing instrument for cooperation with industrialised and other high-income countries and territories (11877/2006 — C6-0265/2006 — 2006/0807(CNS)) | 205 |
| P6_TA(2006)0551Pharmaceutical active substancesDeclaration of the European Parliament on pharmaceutical active substances | 213 |
| | Wednesday, 13 December 2006 |
| 2006/C 317E/03 | MINUTES | 215 |
| PROCEEDINGS OF THE SITTING | 215 |
| Opening of sitting | 215 |
| Documents received | 215 |
| Action taken on Parliament's positions and resolutions | 215 |
| Enlargement Strategy and Main Challenges 2006-2007 — The institutional aspects of the European Union's capacity to integrate new Member States (debate) | 215 |
| Membership of political groups | 216 |
| Agenda | 216 |
| Statement by the President | 216 |
| Voting time | 216 |
| European Chemicals Agency ***II (vote) | 217 |
| Amendment of Directive 67/548/EEC on dangerous substances (REACH) ***II (vote) | 217 |
| Inclusion of Bulgarian and Romanian among the languages of procedure for the Court of Justice * (Rule 131) (vote) | 217 |
| Inclusion of Bulgarian and Romanian among the languages of procedure for the Court of First Instance * (Rule 131) (vote) | 218 |
| European Year of Intercultural Dialogue (2008) ***II (Rule 131) (vote) | 218 |
| Financial Regulation applicable to the general budget of the European Communities * (Rule 131) (vote) | 218 |
| Draft amending budget No 6/2006 (Rule 131) (vote) | 218 |
| Coordination of certain of the Member States' provisions on television broadcasting ***I (vote) | 219 |
| Establishing the European Globalisation adjustment Fund ***I (vote) | 219 |
| Type approval of motor vehicles with respect to emissions and access to vehicle repair information ***I (vote) | 219 |
| Financial contributions to the International Fund for Ireland (2007-2010) * (vote) | 220 |
| Banana sector * (vote) | 220 |
| VAT arrangements for radio and television broadcasting and other services * (vote) | 220 |
| Legislative and work programme of the Commission for 2007 (vote) | 220 |
| Russia-EU Summit (vote) | 221 |
| Implementation of Directive 85/611/EEC (undertakings for collective investment in transferable securities) (vote) | 221 |
| Enlargement Strategy and Main Challenges 2006-2007 (vote) | 222 |
| The institutional aspects of the European Union's capacity to integrate new Member States (vote) | 222 |
| Explanations of vote | 222 |
| Corrections to votes and voting intentions | 223 |
| Approval of Minutes of previous sitting | 223 |
| Data protection (debate) | 223 |
| Preparation for the European Council (14-15 December 2006) (debate) | 224 |
| Welcome | 224 |
| Preparation for the European Council (14-15 December 2006) (continuation of debate) | 224 |
| Welcome | 224 |
| Preparation for the European Council (14-15 December 2006) (continuation of debate) | 224 |
| Welcome | 224 |
| Preparation for the European Council (14-15 December 2006) (continuation of debate) | 225 |
| Question Time (Council) | 225 |
| Driving licences ***II (debate) | 226 |
| Double-hull or equivalent design requirements for single-hull oil tankers ***I (debate) | 226 |
| Development of the second generation Schengen Information System (SIS II) * — Development of the second generation Schengen information System (SIS II) (decision) * (debate) | 227 |
| Violent video games (debate) | 227 |
| Amendment of the Rules of Procedure (committees, Quaestors) (debate) | 227 |
| Agenda for next sitting | 228 |
| Closure of sitting | 228 |
| ATTENDANCE REGISTER | 229 |
| ANNEX I | 231 |
| ANNEX II | 252 |
| TEXTS ADOPTED | 365 |
| P6_TA(2006)0552European Chemicals Agency ***IIEuropean Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC of the European Parliament and of the Council and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (7524/8/2006 — C6-0267/2006 — 2003/0256(COD)) | 365 |
| P6_TC2-COD(2003)0256Position of the European Parliament adopted at second reading on 13 December 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC | 365 |
| ANNEX | 366 |
| P6_TA(2006)0553Amendment of Directive 67/548/EEC on dangerous substances (REACH) ***IIEuropean Parliament legislative resolution on the Council common position for adopting a directive of the European Parliament and of the Council amending Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances in order to adapt it to Regulation (EC) No .../2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency (7525/3/2006 — C6-0268/2006 — 2003/0257(COD)) | 368 |
| P6_TA(2006)0554Inclusion of Bulgarian and Romanian among the languages of procedure for the Court of Justice *European Parliament legislative resolution on the draft Council Decision amending the Rules of Procedure of the Court of Justice of the European Communities as regards the language arrangements, in order to include Bulgarian and Romanian among the languages of cases as laid down in the Rules of Procedure (15712/2006 — C6-0434/2006 — 2006/0813(CNS)) | 368 |
| P6_TA(2006)0555Inclusion of Bulgarian and Romanian among the languages of procedure for the Court of First Instance *European Parliament legislative resolution on the draft Council Decision amending the Rules of Procedure of the Court of First Instance of the European Communities with regard to languages, in order to include Bulgarian and Romanian among the languages of cases as laid down in the Rules of Procedure (15715/2006 — C6-0435/2006 — 2006/0814(CNS)) | 369 |
| P6_TA(2006)0556European Year of Intercultural Dialogue (2008) ***IIEuropean Parliament legislative resolution on the Council common position for adopting a decision of the European Parliament and of the Council on the European Year of Intercultural Dialogue (2008) (14153/2/2006 — C6-0422/2006 — 2005/0203(COD)) | 369 |
| P6_TA(2006)0557Financial Regulation applicable to the general budget of the European Communities *European Parliament legislative resolution on the joint guideline adopted by the Council with a view to adopting a Council regulation amending Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (14259/2006 — C6-0431/2006 — 2005/0090(CNS)) | 370 |
| ANNEX | 371 |
| P6_TA(2006)0558Draft amending budget No 6/2006European Parliament resolution on Draft amending budget No 6/2006 of the European Union for the financial year 2006, Section III — Commission (15635/2006 — C6-0441/2006 — 2006/2265(BUD)) | 406 |
| P6_TA(2006)0559Coordination of certain of the Member States' provisions on television broadcasting ***IEuropean Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (COM(2005)0646 — C6-0443/2005 — 2005/0260(COD)) | 407 |
| P6_TC1-COD(2005)0260Position of the European Parliament adopted at first reading on 13 December 2006 with a view to the adoption of Directive 2007/.../EC of the European Parliament and of the Council amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities | 408 |
| P6_TA(2006)0560Establishing the European Globalisation adjustment Fund ***IEuropean Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council establishing the European Globalisation adjustment Fund (COM(2006)0091 — C6-0082/2006 — 2006/0033(COD)) | 432 |
| P6_TC1-COD(2006)0033Position of the European Parliament adopted at first reading on 13 December 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and Council on establishing the European Globalisation adjustment Fund | 432 |
| P6_TA(2006)0561Type approval of motor vehicles with respect to emissions and access to vehicle repair information ***IEuropean Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on type approval of motor vehicles with respect to emissions and on access to vehicle repair information, amending Directive 72/306/EEC and Directive .../.../EC (COM(2005)0683 — C6-0007/2006 — 2005/0282(COD)) | 440 |
| P6_TC1-COD(2005)0282Position of the European Parliament adopted at first reading on 13 December 2006 with a view to the adoption of Regulation (EC) No .../2007 of the European Parliament and of the Council on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information | 441 |
| ANNEX IEMISSION LIMITS | 455 |
| ANNEX IIAMENDMENTS TO DIRECTIVE 70/156/EEC | 456 |
| P6_TA(2006)0562Financial contributions to the International Fund for Ireland (2007-2010) *European Parliament legislative resolution on the proposal for a Council regulation concerning Community financial contributions to the International Fund for Ireland (2007-2010) (COM(2006)0564 — C6-0423/2006 — 2006/0194(CNS)) | 458 |
| P6_TA(2006)0563Banana sector *European Parliament legislative resolution on the proposal for a Council regulation amending Regulations (EEC) No 404/93, (EC) No 1782/2003 and (EC) No 247/2006 as regards the banana sector (COM(2006)0489 — C6-0339/2006 — 2006/0173(CNS)) | 459 |
| P6_TA(2006)0564VAT arrangements for radio and television broadcasting and other services *European Parliament legislative resolution on the proposal for a Council directive amending Council Directive 2002/38/EC as regards the period of application of the value added tax arrangements applicable to radio and television broadcasting services and certain electronically supplied services (COM(2006)0739 — C6-0437/2006 — 2006/0245(CNS)) | 467 |
| P6_TA(2006)0565Legislative and work programme of the Commission for 2007European Parliament resolution on the Commission legislative and work programme for 2007 | 467 |
| P6_TA(2006)0566Russia-EU SummitEuropean Parliament resolution on the EU-Russia Summit in Helsinki on 24 November 2006 | 474 |
| P6_TA(2006)0567Implementing Directive 85/611/EEC (UCITS III)European Parliament resolution on the draft Commission directive implementing Council Directive 85/611/EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) as regards the clarification of certain definitions | 478 |
| P6_TA(2006)0568Enlargement Strategy and Main Challenges 2006-2007European Parliament resolution on the Commission's Communication on the Enlargement Strategy and Main Challenges 2006-2007 (2006/2252(INI)) | 480 |
| P6_TA(2006)0569The institutional aspects of the European Union's capacity to integrate new Member StatesEuropean Parliament resolution on the institutional aspects of the European Union's capacity to integrate new Member States (2006/2226(INI)) | 485 |
| | Thursday, 14 December 2006 |
| 2006/C 317E/04 | MINUTES | 491 |
| PROCEEDINGS OF THE SITTING | 491 |
| Opening of sitting | 491 |
| Documents received | 491 |
| A European strategy for sustainable, competitive and secure energy — Biomass and Biofuels — Nuclear Safety and Security Assistance * (debate) | 492 |
| Tribute | 493 |
| Signature of acts adopted under codecision | 493 |
| Voting time | 495 |
| Draft general budget of the European Union 2007, amended by the Council (vote) | 495 |
| Draft general budget for 2007, amended by the Council (all sections) (vote) | 497 |
| Procedure for prior examination and consultation in respect of certain provisions concerning transport proposed in Member States (codified version) ***I (Rule 131) (vote) | 497 |
| Elimination of controls at the frontiers of Member States (road and inland waterway transport) (codified version) ***I (Rule 131) (vote) | 498 |
| Transmission of data subject to statistical confidentiality (codified version) ***I (Rule 131) (vote) | 498 |
| Submission of nominal catch statistics by Member States fishing in the North-East Atlantic (codified version) ***I (Rule 131) (vote) | 498 |
| Community criteria for the eradication and monitoring of certain animal diseases (codified version) * (Rule 131) (vote) | 498 |
| Agreement between the EC and Paraguay on certain aspects of air services * (Rule 131) (vote) | 499 |
| R&D activities in the domain of intelligent manufacturing systems (EU-Australia Agreement, Canada, Norway, Switzerland, Korea, Japan and the USA) * (Rule 131) (vote) | 499 |
| Direct support schemes under CAP; the COM for sugars; restructuring of the sugar industry; owing to the accession of Bulgaria and Romania to the EU * (Rule 131) (vote) | 499 |
| Drugs prevention and information (2007-2013) ***I (Rule 131) (vote) | 499 |
| Civil justice (2007-2013) ***I (Rule 131) (vote) | 500 |
| European Refugee Fund (2008-2013) ***I (Rule 131) (vote) | 500 |
| Double-hull or equivalent design requirements for single-hull oil tankers ***I (Rule 131) (vote) | 500 |
| Creation of the European Fund for the Integration of Third-country Nationals (2007-2013) * (Rule 131) (vote) | 501 |
| Prevention, preparedness and consequence management of terrorism (2007-2013) * (Rule 131) (vote) | 501 |
| Numerical strength of the committees (vote) | 501 |
| European Institute for Gender Equality ***II (vote) | 501 |
| Driving licences ***II (vote) | 502 |
| Amendment of Rule 81 of Parliament's Rules of Procedure, Implementing provisions (vote) | 502 |
| Amendment of the Rules of Procedure (committees, quaestors) (vote) | 502 |
| External Borders Fund (2007-2013) ***I (vote) | 502 |
| Creation of the European Return Fund (2008-2013) ***I (vote) | 503 |
| Medicinal products for paediatric use ***I (vote) | 503 |
| European Small Claims Procedure ***I (vote) | 503 |
| Fundamental rights and citizenship (2007-2013) * (vote) | 504 |
| Criminal justice (2007-2013) * (vote) | 504 |
| Preventing and fighting crime (2007-2013) * (vote) | 504 |
| Development of the second generation Schengen Information System (SIS II) * (vote) | 505 |
| Development of the second generation Schengen information System (SIS II) * (vote) | 505 |
| Nuclear Safety and Security Assistance * (vote) | 505 |
| Visas for crossing Member States' external borders * (vote) | 506 |
| Sakharov Prize (vote) | 506 |
| Data protection within the framework of police and judicial cooperation in criminal matters (vote) | 506 |
| A European strategy for sustainable, competitive and secure energy (vote) | 507 |
| Biomass and Biofuels (vote) | 507 |
| Explanations of vote | 507 |
| Corrections to votes and voting intentions | 508 |
| Approval of Minutes of previous sitting | 508 |
| Hague Convention on securities (debate) | 508 |
| Debate on cases of breaches of human rights, democracy and the rule of law (debate) | 509 |
| Fiji | 509 |
| Implication of the UN forces in sexual abuses in Liberia and in Haiti | 509 |
| Burma | 509 |
| Voting time | 509 |
| Fiji (vote) | 510 |
| Implication of the UN forces in sexual abuses in Liberia and in Haiti (vote) | 510 |
| Burma (vote) | 510 |
| Hague Convention on securities (vote) | 511 |
| Membership of committees and delegations | 511 |
| Verification of credentials | 511 |
| Decisions concerning certain documents | 511 |
| Written declarations entered in the register (Rule 116) | 512 |
| Forwarding of texts adopted during the sitting | 513 |
| Dates for next sittings | 513 |
| Adjournment of session | 513 |
| ATTENDANCE REGISTER | 514 |
| ANNEX I | 516 |
| ANNEX II | 546 |
| TEXTS ADOPTED | 588 |
| P6_TA(2006)0570Draft general budget for 2007, amended by the Council (all sections)European Parliament resolution on the draft general budget of the European Union for the financial year 2007 as modified by the Council (all sections) (15637/2006 — C6-0442/2006 — 2006/2018(BUD) — 2006/2018B(BUD)) and Letters of Amendment Nos 1/2007 (SEC(2006)0762), 2/2007 (13886/2006 — C6-0341/2006) and 3/2007 (15636/2006 — C6-0443/2006) to the draft general budget of the European Union for the financial year 2007 | 588 |
| ANNEX | 595 |
| P6_TA(2006)0571Procedure for prior examination and consultation in respect of certain provisions concerning transport proposed in Member States (codified version) ***IEuropean Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council on a procedure for prior examination and consultation in respect of certain laws, regulations and administrative provisions concerning transport proposed in Member States (codified version) (COM(2006)0284 — C6-0185/2006 — 2006/0099(COD)) | 598 |
| P6_TA(2006)0572Elimination of controls at the frontiers of Member States (road and inland waterway transport) (codified version) ***IEuropean Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on the elimination of controls performed at the frontiers of Member States in the field of road and inland waterway transport (codified version) (COM(2006)0432 — C6-0261/2006 — 2006/0146(COD)) | 599 |
| P6_TA(2006)0573Transmission of data subject to statistical confidentiality (codified version) ***IEuropean Parliament legislative resolution on the proposal for a regulation (Euratom, EC) of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities (codified version) (COM(2006)0477 — C6-0290/2006 — 2006/0159(COD)) | 600 |
| P6_TA(2006)0574Submission of nominal catch statistics by Member States fishing in the North-East Atlantic (codified version) ***IEuropean Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on the submission of nominal catch statistics by Member States fishing in the North-East Atlantic (codified version) (COM(2006)0497 — C6-0301/2006 — 2006/0164(COD)) | 600 |
| P6_TA(2006)0575Community criteria for the eradication and monitoring of certain animal diseases (codified version) *European Parliament legislative resolution on the proposal for a Council decision laying down Community criteria for the eradication and monitoring of certain animal diseases (codified version) (COM(2006)0315 — C6-0236/2006 — 2006/0104(CNS)) | 601 |
| P6_TA(2006)0576Agreement between the EC and Paraguay on certain aspects of air services *European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the Agreement between the European Community and the Republic of Paraguay on certain aspects of air services (COM(2006)0266 — C6-0308/2006 — 2006/0094(CNS)) | 602 |
| P6_TA(2006)0577R & D activities in the domain of intelligent manufacturing systems (EU-Australia Agreement, Canada, Norway, Switzerland, Korea, Japan and the USA) *European Parliament legislative resolution on the proposal for a Council decision authorising the conclusion of the agreement to renew and modify the agreement on research and development activities in the domain of intelligent manufacturing systems (IMS) between the European Community and Australia, Canada, the EFTA countries of Norway and Switzerland, Korea, Japan and the United States of America (COM(2006)0343 — C6-0373/2006 — 2006/0111(CNS)) | 602 |
| P6_TA(2006)0578Direct support schemes under CAP; the COM for sugars; restructuring of the sugar industry; owing to the accession of Bulgaria and Romania to the EU *European Parliament legislative resolution on the proposal for a Council regulation adapting Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, Regulation (EC) No 318/2006 on the common organisation of the markets in the sugar sector and Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community, by reason of the accession of Bulgaria and Romania to the European Union (COM(2006)0677 — C6-0424/2006 — 2006/0226(CNS)) | 603 |
| P6_TA(2006)0579Drugs prevention and information (2007-2013) ***IEuropean Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council establishing for the period 2007-2013 the specific programme Drugs prevention and information as part of the General programme Fundamental Rights and Justice (COM(2006)0230 — C6-0095/2005 — 2005/0037B(COD)) | 604 |
| P6_TC1-COD(2005)0037BPosition of the European Parliament adopted at first reading on 14 December 2006 with a view to the adoption of Decision No .../2007/EC of the European Parliament and of the Council establishing for the period 2007-2013 the specific programme Drugs prevention and information as part of the General programme Fundamental Rights and Justice | 604 |
| P6_TA(2006)0580Civil justice (2007-2013) ***IEuropean Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council establishing for the period 2007-2013 the specific programme Civil justice as part of the General programme Fundamental Rights and Justice (COM(2005)0122 — C6-0096/2005 — 2005/0040(COD)) | 612 |
| P6_TC1-COD(2005)0040Position of the European Parliament adopted at first reading on 14 December 2006 with a view to the adoption of Decision No .../2007/EC of the European Parliament and of the Council establishing for the period 2007-2013 the specific programme Civil justice as part of the General programme Fundamental Rights and Justice | 613 |
| P6_TA(2006)0581European Refugee Fund ***IEuropean Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council establishing the European Refugee Fund for the period 2008-2013 as part of the General programme Solidarity and Management of Migration Flows (COM(2005)0123 — C6-0124/2005 — 2005/0046(COD)) | 621 |
| P6_TC1-COD(2005)0046Position of the European Parliament adopted at first reading on 14 December 2006 with a view to the adoption of Decision No .../2007/EC of the European Parliament and of the Council on establishing the European Refugee Fund for the period 2008 to 2013 as part of the General programme Solidarity and Management of Migration Flows and repealing Council Decision 2004/904/EC | 621 |
| P6_TA(2006)0582Double-hull or equivalent design requirements for single-hull oil tankers ***IEuropean Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 417/2002 on the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers and repealing Council Regulation (EC) No 2978/94 (COM(2006)0111 — C6-0104/2006 — 2006/0046(COD)) | 650 |
| P6_TC1-COD(2006)0046Position of the European Parliament adopted at first reading on 14 December 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council amending Regulation (EC) No 417/2002 on the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers | 650 |
| P6_TA(2006)0583European Fund for the Integration of Third-country Nationals *European Parliament legislative resolution on the proposal for a Council decision establishing the European Fund for the Integration of Third-country Nationals for the period 2007-2013 as part of the General programme Solidarity and Management of Migration Flows (COM(2005)0123 — C6-0238/2005 — 2005/0048(CNS)) | 652 |
| ANNEX | 652 |
| P6_TA(2006)0584Prevention, Preparedness and Consequence Management of Terrorism (Programme on Security and Safeguarding Liberties) *European Parliament legislative resolution on the proposal for a Council decision establishing the specific programme Prevention, Preparedness and Consequence Management of Terrorism for the period 2007-2013 — General Programme Security and Safeguarding Liberties (COM(2005)0124 — C6-0241/2005 — 2005/0034(CNS)) | 678 |
| P6_TA(2006)0585Numerical strength of the committeesDecision on the numerical strength of the committees | 688 |
| P6_TA(2006)0586European Institute for Gender Equality ***IIEuropean Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council establishing a European Institute for Gender Equality (10351/1/2006 — C6-0314/2006 — 2005/0017(COD)) | 689 |
| P6_TC2-COD(2005)0017Position of the European Parliament adopted at second reading on 14 December 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council on establishing a European Institute for Gender Equality | 690 |
| P6_TA(2006)0587Driving licenses ***IIEuropean Parliament legislative resolution on the Council common position for adopting a directive of the European Parliament and of the Council on driving licences (9010/1/2006 — C6-0312/2006 — 2003/0252(COD)) | 701 |
| P6_TC2-COD(2003)0252Position of the European Parliament adopted at second reading on 14 December 2006 with a view to the adoption of Directive 2006/.../EC of the European Parliament and of the Council on driving licences (Recast) | 702 |
| ANNEX IPROVISIONS CONCERNING THE COMMUNITY MODEL DRIVING LICENCE | 714 |
| ANNEX II | 724 |
| ANNEX IIIMINIMUM STANDARDS OF PHYSICAL AND MENTAL FITNESS FOR DRIVING A POWER-DRIVEN VEHICLE | 734 |
| ANNEX IVMINIMUM STANDARDS FOR PERSONS WHO CONDUCT PRACTICAL DRIVING TESTS | 739 |
| ANNEX VMINIMUM REQUIREMENTS FOR DRIVER TRAINING AND TESTING FOR COMBINATIONS AS DEFINED IN THE SECOND SUBPARAGRAPH OF ARTICLE 4(4)(B) | 742 |
| ANNEX VIMINIMUM REQUIREMENTS FOR DRIVER TRAINING AND TESTING FOR MOTORCYCLES WITHIN CATEGORY A (PROGRESSIVE ACCESS) | 743 |
| ANNEX VII | 743 |
| ANNEX VIIICORRELATION TABLE | 744 |
| P6_TA(2006)0588Amendment of Rule 81 of Parliament's Rules of Procedure, Implementing provisionsEuropean Parliament decision on amendment of Rule 81 of Parliament's Rules of Procedure, Implementing provisions (2006/2211(REG)) | 747 |
| P6_TA(2006)0589Amendment of the Rules of Procedure (Quaestors, committee bureaux)European Parliament decision on amendment of Rules 15 and 182(1) of Parliament's Rules of Procedure — Election of Quaestors and committee bureaux (2006/2287(REG)) | 749 |
| P6_TA(2006)0590External Borders Fund ***IEuropean Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council establishing the External Borders Fund for the period 2007-2013 as part of the General programme Solidarity and Management of Migration Flows (COM(2005)0123 — C6-0125/2005 — 2005/0047(COD)) | 749 |
| P6_TC1-COD(2005)0047Position of the European Parliament adopted at first reading on 14 December 2006 with a view to the adoption of Decision No .../2007/EC of the European Parliament and of the Council on establishing the External Borders Fund for the period 2007 to 2013 as part of the General programme Solidarity and Management of Migration Flows | 750 |
| P6_TA(2006)0591European Return Fund ***IEuropean Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council establishing the European Return Fund for the period 2008-2013 as part of the General programme Solidarity and Management of Migration Flows (COM(2005)0123 — C6-0126/2005 — 2005/0049(COD)) | 782 |
| P6_TC1-COD(2005)0049Position of the European Parliament adopted at first reading on 14 December 2006 with a view to the adoption of Decision No .../2007/EC of the European Parliament and of the Council on establishing the European Return Fund for the period 2008 to 2013 as part of the General Programme Solidarity and Management of Migration Flows | 783 |
| P6_TA(2006)0592Medicinal products for paediatric use ***IEuropean Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No .../2006 on medicinal products and amending Regulation (EEC) No 1768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulation (EC) No 726/2004 (COM(2006)0640 — C6-0356/2006 — 2006/0207(COD)) | 812 |
| P6_TC1-COD(2006)0207Position of the European Parliament adopted at first reading on 14 December 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council amending Regulation (EC) No .../2006 on medicinal products for paediatric use | 812 |
| P6_TA(2006)0593European Small Claims Procedure ***IEuropean Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council establishing a European Small Claims Procedure (COM(2005)0087 — C6-0082/2005 — 2005/0020(COD)) | 814 |
| P6_TC1-COD(2005)0020Position of the European Parliament adopted at first reading on 14 December 2006 with a view to the adoption of Regulation (EC) No .../2007 of the European Parliament and of the Council establishing a European Small Claims Procedure | 814 |
| ANNEX I | 826 |
| | 832 |
| ANNEX II | 833 |
| ANNEX III | 835 |
| ANNEX IV | 837 |
| P6_TA(2006)0594Fundamental rights and citizenship (2007-2013) *European Parliament legislative resolution on the proposal for a Council decision establishing for the period 2007-2013 the specific programme Fundamental rights and citizenship as part of the General programme Fundamental Rights and Justice (COM(2005)0122 — C6-0236/2005 — 2005/0038(CNS)) | 838 |
| ANNEX | 839 |
| P6_TA(2006)0595Criminal justice (2007-2013) *European Parliament legislative resolution on the proposal for a Council decision establishing for the period 2007-2013 the specific programme Criminal justice as part of the General programme Fundamental Rights and Justice (COM(2005)0122 — C6-0237/2005 — 2005/0039(CNS)) | 847 |
| ANNEX | 847 |
| P6_TA(2006)0596Prevention of and Fight against Crime (Programme on Security and Safeguarding Liberties) *European Parliament legislative resolution on the proposal for a Council decision establishing the Specific Programme Prevention of and Fight against Crime for the period 2007-2013, General Programme Security and Safeguarding Liberties (COM(2005)0124 — C6-0242/2005 — 2005/0035(CNS)) | 856 |
| P6_TA(2006)0597Development of the second generation Schengen Information System (SIS II) (regulation) *European Parliament legislative resolution on the proposal for a Council Regulation amending Regulation (EC) No 2424/2001 on the development of the second generation Schengen Information System (SIS II) (COM(2006)0383 — C6-0296/2006 — 2006/0125(CNS)) | 862 |
| P6_TA(2006)0598Development of the second generation Schengen Information System (SIS II) (decision) *European Parliament legislative resolution on the proposal for a Council decision amending Decision 2001/886/JHA on the development of the second generation Schengen Information System (SIS II) (COM(2006)0383 — C6-0297/2006 — 2006/0126(CNS)) | 863 |
| P6_TA(2006)0599Nuclear Safety and Security Assistance *European Parliament legislative resolution on the draft Council regulation establishing an Instrument for Nuclear Safety and Security Assistance (9037/2006 — C6-0153/2006 — 2006/0802(CNS)) | 863 |
| P6_TA(2006)0600Visas for crossing Member States' external borders *European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders of Member States and those whose nationals are exempt from that requirement (COM(2006)0084 — C6-0256/2006 — 2006/0022(CNS)) | 869 |
| P6_TA(2006)0601Follow-up to the Sakharov PrizeEuropean Parliament resolution on the follow-up to the Sakharov Prize | 871 |
| P6_TA(2006)0602Data protection within the framework of police and judicial cooperation in criminal mattersEuropean Parliament recommendation to the Council on the progress of the negotiations on the framework decision on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (2006/2286(INI)) | 872 |
| P6_TA(2006)0603A European Strategy for Sustainable, Competitive and Secure EnergyEuropean Parliament resolution on a European Strategy for Sustainable, Competitive and Secure Energy — Green Paper (2006/2113(INI)) | 876 |
| P6_TA(2006)0604Biomass and biofuelsEuropean Parliament resolution on a strategy for biomass und biofuels (2006/2082(INI)) | 890 |
| P6_TA(2006)0605FijiEuropean Parliament resolution on the situation in Fiji | 898 |
| P6_TA(2006)0606Implication of UN forces in sexual abuses in Liberia and in HaitiEuropean Parliament resolution on the involvement of UN forces in sexual abuse in Liberia and Haiti | 899 |
| P6_TA(2006)0607BurmaEuropean Parliament resolution on the situation in Burma | 902 |
| P6_TA(2006)0608Hague Convention on securitiesEuropean Parliament resolution on the implications of signing the Hague Securities Convention | 904 |

Notice No

Contents

page

I   Information

EUROPEAN PARLIAMENT

Monday, 11 December 2006

2006/C 317E/01

MINUTES

1

PROCEEDINGS OF THE SITTING

1

Resumption of session

1

Approval of Minutes of previous sitting

1

Membership of Parliament (Observers)

1

Request for the defence of parliamentary immunity

1

Signature of acts adopted under codecision

2

Documents received

3

Written declarations (Rule 116)

8

Written declarations and oral questions (tabling)

8

Petitions

8

Texts of agreements forwarded by the Council

11

Decisions concerning certain documents

12

Order of business

12

One-minute speeches on matters of political importance

13

European Chemicals Agency ***II — Amendment of Directive 67/548/EEC on dangerous substances (REACH) ***II (debate)

13

Community Customs Code ***I — Customs 2013 programme ***I (debate)

14

Prevention of injury and promotion of safety * (debate)

14

Expenditure in the veterinary field * (debate)

15

Banana sector * (debate)

15

Circulation of compound feedingstuffs ***I (debate)

15

Agenda for next sitting

16

Closure of sitting

16

ATTENDANCE REGISTER

17

Tuesday, 12 December 2006

2006/C 317E/02

MINUTES

19

PROCEEDINGS OF THE SITTING

19

Opening of sitting

19

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

19

Documents received

20

Transfers of appropriations

22

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

24

Russia-EU Summit (motions for resolutions tabled)

24

Vote on request for urgent procedure

25

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

26

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

26

Welcome

27

Voting time

27

Appointment of the Bulgarian Commissioner (vote)

27

Appointment of the Romanian Commissioner (vote)

27

Award of the Sakharov Prize (Formal sitting)

27

Agenda

28

Voting time (continuation)

28

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

28

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

28

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

29

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

29

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

29

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

30

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

30

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

30

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

30

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

31

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

31

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

31

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

32

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

32

Community Customs Code ***I (vote)

32

Circulation of compound feedingstuffs ***I (vote)

32

Statistics on foreign affiliates ***I (vote)

33

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

33

Prevention of injury and promotion of safety * (vote)

34

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

34

Explanations of vote

34

Corrections to votes and voting intentions

35

Approval of Minutes of previous sitting

35

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

35

European Union annual report on human rights (debate)

36

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

36

Agenda

37

Question Time (Commission)

37

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

38

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

39

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

39

Membership of Parliament

40

Agenda for next sitting

40

Closure of sitting

40

ATTENDANCE REGISTER

41

ANNEX I

43

ANNEX II

50

TEXTS ADOPTED

58

P6_TA(2006)0529Nomination of the Bulgarian CommissionerEuropean Parliament decision approving the appointment of Mrs Meglena Kuneva, the new Member of the Commission nominated by the Republic of Bulgaria

58

P6_TA(2006)0530Nomination of the Romanian CommissionerEuropean Parliament decision approving the appointment of Mr Leonard Orban, the new Member of the Commission nominated by Romania

59

P6_TA(2006)0531Nomination of the Bulgarian Member of the Court of AuditorsEuropean Parliament decision on the nomination of Nadezhda Sandolova as a Member of the Court of Auditors (C6-0411/2006 — 2006/0811(CNS))

59

P6_TA(2006)0532Nomination of the Romanian Member of the Court of AuditorsEuropean Parliament decision on the nomination of Ovidiu Ispir as a Member of the Court of Auditors (C6-0410/2006 — 2006/0812(CNS))

60

P6_TA(2006)0533Modalities of Iceland and Norway's participation in the European Agency for the Management of Operational Cooperation at the External Borders of the Members States of the European Union *European Parliament legislative resolution on the proposal for a Council decision on the conclusion, on behalf of the European Community, of an Arrangement between the European Community and the Republic of Iceland and the Kingdom of Norway on the modalities of those states' participation in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (COM(2006)0178 — C6-0358/2006 — 2006/0063 (CNS))

60

P6_TA(2006)0534Community action programme in the field of consumer policy (2007-2013) ***IIEuropean Parliament legislative resolution on the Council common position for adopting a decision of the European Parliament and of the Council establishing a programme of Community action in the field of consumer policy (2007-2013) (13241/1/2006 — C6-0420/2006 — 2005/0042B(COD))

61

P6_TA(2006)0535Prevention, control and eradication of certain transmissible spongiform encephalopathies ***IIEuropean Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (14224/4/2006 — C6-0432/2006 — 2004/0270B(COD))

62

P6_TA(2006)0536Statistical data on landings of fishery products ***IIEuropean Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council on the submission of statistical data on landings of fishery products in Member States and repealing Council Regulation (EEC) No 1382/91 (14283/1/2006 — C6-0421/2006 — 2005/0223(COD))

62

P6_TA(2006)0537Protection of minors and human dignity and the right of reply ***IIEuropean Parliament legislative resolution on the Council common position for adopting a recommendation of the European Parliament and of the Council on the protection of minors and human dignity and on the right of reply in relation to the competitiveness of the European audiovisual and online information services industry (9577/1/2006 — C6-0313/2006 — 2004/0117(COD))

63

P6_TA(2006)0538Customs 2013 programme ***IEuropean Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council establishing an action programme for customs in the Community (Customs 2013) (COM(2006)0201 — C6-0158/2006 — 2006/0075(COD))

64

P6_TC1-COD(2006)0075Position of the European Parliament adopted at first reading on 12 December 2006 with a view to the adoption of Decision No .../2007/EC of the European Parliament and of the Council establishing an action programme for customs in the Community (Customs 2013)

64

P6_TA(2006)0539A paperless environment for customs and trade ***IEuropean Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council on a paperless environment for customs and trade (COM(2005)0609 — C6-0420/2005 — 2005/0247(COD))

74

P6_TA(2006)0540Community surveys on the structure of agricultural holdings ***IEuropean Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on amending Council Regulation (EEC) No 571/88 on the organisation of Community surveys on the structure of agricultural holdings, as regards the financial framework for the period 2007-2009 and the maximum Community contribution for Bulgaria and Romania (COM(2006)0344 — C6-0217/2006 — 2006/0112(COD))

74

P6_TC1-COD(2006)0112Position of the European Parliament adopted at first reading on 12 December 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council on amending Council Regulation (EEC) No 571/88 on the organisation of Community surveys on the structure of agricultural holdings, as regards the financial framework for the period 2007-2009 and the maximum Community contribution for Bulgaria and Romania

75

P6_TA(2006)0541Cooperation between Asset Recovery Offices *European Parliament legislative resolution on the initiative by the Republic of Austria, the Kingdom of Belgium and the Republic of Finland with a view to the adoption of a Council Decision concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to, crime (7259/2006 — C6-0122/2006 — 2006/0805(CNS))

76

P6_TA(2006)0542Expenditure in the veterinary field *European Parliament legislative resolution on the proposal for a Council decision amending Decision 90/424/EEC on expenditure in the veterinary field (COM(2006)0273 — C6-0199/2006 — 2006/0098(CNS))

78

P6_TA(2006)0543Protection of groundwater against pollution and deterioration ***IIIEuropean Parliament legislative resolution on the joint text approved by the Conciliation Committee for a directive of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration (PE-CONS 3658/2006 — C6-0382/2006 — 2003/0210(COD))

81

P6_TA(2006)0544Financing instrument for development cooperation ***IIEuropean Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council establishing a financing instrument for development cooperation (11944/2/2006 — C6-0357/2006 — 2004/0220(COD))

82

P6_TA(2006)0545Community Customs Code ***IEuropean Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council laying down the Community Customs Code (Modernized Customs Code) (COM(2005)0608 — C6-0419/2005 — 2005/0246(COD))

82

P6_TC1-COD(2005)0246Position of the European Parliament adopted at first reading on 12 December 2006 with a view to the adoption of Regulation (EC) No .../2007 of the European Parliament and of the Council laying down the Community Customs Code (Modernized Customs Code)

83

ANNEX

159

P6_TA(2006)0546Circulation of compound feedingstuffs ***IEuropean Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council correcting Directive 2002/2/EC amending Council Directive 79/373/EEC on the circulation of compound feedingstuffs (COM(2006)0340 — C6-0209/2006 — 2006/0117(COD))

166

P6_TC1-COD(2006)0117Position of the European Parliament adopted at first reading on 12 December 2006 with a view to the adoption of Decision No .../2006/EC of the European Parliament and of the Council correcting Directive 2002/2/EC amending Council Directive 79/373/EEC on the circulation of compound feedingstuffs

166

P6_TA(2006)0547Statistics on foreign affiliates ***IEuropean Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on Community statistics on the structure and activity of foreign affiliates (COM(2005)0088 — C6-0084/2005 — 2005/0016(COD))

168

P6_TC1-COD(2005)0016Position of the European Parliament adopted at first reading on 12 December 2006 with a view to the adoption of Regulation (EC) No .../2007 of the European Parliament and of the Council on Community statistics on the structure and activity of foreign affiliates

No .../2007

169

ANNEX ICOMMON MODULE FOR INWARD STATISTICS ON FOREIGN AFFILIATES

174

ANNEX IICOMMON MODULE FOR OUTWARD STATISTICS ON FOREIGN AFFILIATES

176

ANNEX IIILEVELS FOR DETAILED INFORMATION BY GEOGRAPHY AND BY ACTIVITY

177

P6_TA(2006)0548Financing instrument for the promotion of democracy and human rights worldwide ***IEuropean Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on establishing a financing instrument for the promotion of democracy and human rights worldwide (European Instrument for Democracy and Human Rights) (COM(2006)0354 — C6-0206/2006 — 2006/0116(COD))

185

P6_TC1-COD(2006)0116Position of the European Parliament adopted at first reading on 12 December 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and Council on establishing a financing instrument for the promotion of democracy and human rights worldwide (European Instrument for Democracy and Human Rights)

185

P6_TA(2006)0549Prevention of injury and promotion of safety *European Parliament legislative resolution on the proposal for a Council recommendation on the prevention of injury and the promotion of safety (COM(2006)0329 — C6-0238/2006 — 2006/0106(CNS))

199

P6_TA(2006)0550A financing instrument for cooperation with industrialised and other high-income countries and territories *European Parliament legislative resolution on the draft Council Regulation establishing a financing instrument for cooperation with industrialised and other high-income countries and territories (11877/2006 — C6-0265/2006 — 2006/0807(CNS))

205

P6_TA(2006)0551Pharmaceutical active substancesDeclaration of the European Parliament on pharmaceutical active substances

213

Wednesday, 13 December 2006

2006/C 317E/03

MINUTES

215

PROCEEDINGS OF THE SITTING

215

Opening of sitting

215

Documents received

215

Action taken on Parliament's positions and resolutions

215

Enlargement Strategy and Main Challenges 2006-2007 — The institutional aspects of the European Union's capacity to integrate new Member States (debate)

215

Membership of political groups

216

Agenda

216

Statement by the President

216

Voting time

216

European Chemicals Agency ***II (vote)

217

Amendment of Directive 67/548/EEC on dangerous substances (REACH) ***II (vote)

217

Inclusion of Bulgarian and Romanian among the languages of procedure for the Court of Justice * (Rule 131) (vote)

217

Inclusion of Bulgarian and Romanian among the languages of procedure for the Court of First Instance * (Rule 131) (vote)

218

European Year of Intercultural Dialogue (2008) ***II (Rule 131) (vote)

218

Financial Regulation applicable to the general budget of the European Communities * (Rule 131) (vote)

218

Draft amending budget No 6/2006 (Rule 131) (vote)

218

Coordination of certain of the Member States' provisions on television broadcasting ***I (vote)

219

Establishing the European Globalisation adjustment Fund ***I (vote)

219

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

219

Financial contributions to the International Fund for Ireland (2007-2010) * (vote)

220

Banana sector * (vote)

220

VAT arrangements for radio and television broadcasting and other services * (vote)

220

Legislative and work programme of the Commission for 2007 (vote)

220

Russia-EU Summit (vote)

221

Implementation of Directive 85/611/EEC (undertakings for collective investment in transferable securities) (vote)

221

Enlargement Strategy and Main Challenges 2006-2007 (vote)

222

The institutional aspects of the European Union's capacity to integrate new Member States (vote)

222

Explanations of vote

222

Corrections to votes and voting intentions

223

Approval of Minutes of previous sitting

223

Data protection (debate)

223

Preparation for the European Council (14-15 December 2006) (debate)

224

Welcome

224

Preparation for the European Council (14-15 December 2006) (continuation of debate)

224

Welcome

224

Preparation for the European Council (14-15 December 2006) (continuation of debate)

224

Welcome

224

Preparation for the European Council (14-15 December 2006) (continuation of debate)

225

Question Time (Council)

225

Driving licences ***II (debate)

226

Double-hull or equivalent design requirements for single-hull oil tankers ***I (debate)

226

Development of the second generation Schengen Information System (SIS II) * — Development of the second generation Schengen information System (SIS II) (decision) * (debate)

227

Violent video games (debate)

227

Amendment of the Rules of Procedure (committees, Quaestors) (debate)

227

Agenda for next sitting

228

Closure of sitting

228

ATTENDANCE REGISTER

229

ANNEX I

231

ANNEX II

252

TEXTS ADOPTED

365

P6_TA(2006)0552European Chemicals Agency ***IIEuropean Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC of the European Parliament and of the Council and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (7524/8/2006 — C6-0267/2006 — 2003/0256(COD))

365

P6_TC2-COD(2003)0256Position of the European Parliament adopted at second reading on 13 December 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC

365

ANNEX

366

P6_TA(2006)0553Amendment of Directive 67/548/EEC on dangerous substances (REACH) ***IIEuropean Parliament legislative resolution on the Council common position for adopting a directive of the European Parliament and of the Council amending Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances in order to adapt it to Regulation (EC) No .../2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency (7525/3/2006 — C6-0268/2006 — 2003/0257(COD))

368

P6_TA(2006)0554Inclusion of Bulgarian and Romanian among the languages of procedure for the Court of Justice *European Parliament legislative resolution on the draft Council Decision amending the Rules of Procedure of the Court of Justice of the European Communities as regards the language arrangements, in order to include Bulgarian and Romanian among the languages of cases as laid down in the Rules of Procedure (15712/2006 — C6-0434/2006 — 2006/0813(CNS))

368

P6_TA(2006)0555Inclusion of Bulgarian and Romanian among the languages of procedure for the Court of First Instance *European Parliament legislative resolution on the draft Council Decision amending the Rules of Procedure of the Court of First Instance of the European Communities with regard to languages, in order to include Bulgarian and Romanian among the languages of cases as laid down in the Rules of Procedure (15715/2006 — C6-0435/2006 — 2006/0814(CNS))

369

P6_TA(2006)0556European Year of Intercultural Dialogue (2008) ***IIEuropean Parliament legislative resolution on the Council common position for adopting a decision of the European Parliament and of the Council on the European Year of Intercultural Dialogue (2008) (14153/2/2006 — C6-0422/2006 — 2005/0203(COD))

369

P6_TA(2006)0557Financial Regulation applicable to the general budget of the European Communities *European Parliament legislative resolution on the joint guideline adopted by the Council with a view to adopting a Council regulation amending Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (14259/2006 — C6-0431/2006 — 2005/0090(CNS))

370

ANNEX

371

P6_TA(2006)0558Draft amending budget No 6/2006European Parliament resolution on Draft amending budget No 6/2006 of the European Union for the financial year 2006, Section III — Commission (15635/2006 — C6-0441/2006 — 2006/2265(BUD))

406

P6_TA(2006)0559Coordination of certain of the Member States' provisions on television broadcasting ***IEuropean Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (COM(2005)0646 — C6-0443/2005 — 2005/0260(COD))

407

P6_TC1-COD(2005)0260Position of the European Parliament adopted at first reading on 13 December 2006 with a view to the adoption of Directive 2007/.../EC of the European Parliament and of the Council amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities

408

P6_TA(2006)0560Establishing the European Globalisation adjustment Fund ***IEuropean Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council establishing the European Globalisation adjustment Fund (COM(2006)0091 — C6-0082/2006 — 2006/0033(COD))

432

P6_TC1-COD(2006)0033Position of the European Parliament adopted at first reading on 13 December 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and Council on establishing the European Globalisation adjustment Fund

432

P6_TA(2006)0561Type approval of motor vehicles with respect to emissions and access to vehicle repair information ***IEuropean Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on type approval of motor vehicles with respect to emissions and on access to vehicle repair information, amending Directive 72/306/EEC and Directive .../.../EC (COM(2005)0683 — C6-0007/2006 — 2005/0282(COD))

440

P6_TC1-COD(2005)0282Position of the European Parliament adopted at first reading on 13 December 2006 with a view to the adoption of Regulation (EC) No .../2007 of the European Parliament and of the Council on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information

441

ANNEX IEMISSION LIMITS

455

ANNEX IIAMENDMENTS TO DIRECTIVE 70/156/EEC

456

P6_TA(2006)0562Financial contributions to the International Fund for Ireland (2007-2010) *European Parliament legislative resolution on the proposal for a Council regulation concerning Community financial contributions to the International Fund for Ireland (2007-2010) (COM(2006)0564 — C6-0423/2006 — 2006/0194(CNS))

458

P6_TA(2006)0563Banana sector *European Parliament legislative resolution on the proposal for a Council regulation amending Regulations (EEC) No 404/93, (EC) No 1782/2003 and (EC) No 247/2006 as regards the banana sector (COM(2006)0489 — C6-0339/2006 — 2006/0173(CNS))

459

P6_TA(2006)0564VAT arrangements for radio and television broadcasting and other services *European Parliament legislative resolution on the proposal for a Council directive amending Council Directive 2002/38/EC as regards the period of application of the value added tax arrangements applicable to radio and television broadcasting services and certain electronically supplied services (COM(2006)0739 — C6-0437/2006 — 2006/0245(CNS))

467

P6_TA(2006)0565Legislative and work programme of the Commission for 2007European Parliament resolution on the Commission legislative and work programme for 2007

467

P6_TA(2006)0566Russia-EU SummitEuropean Parliament resolution on the EU-Russia Summit in Helsinki on 24 November 2006

474

P6_TA(2006)0567Implementing Directive 85/611/EEC (UCITS III)European Parliament resolution on the draft Commission directive implementing Council Directive 85/611/EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) as regards the clarification of certain definitions

478

P6_TA(2006)0568Enlargement Strategy and Main Challenges 2006-2007European Parliament resolution on the Commission's Communication on the Enlargement Strategy and Main Challenges 2006-2007 (2006/2252(INI))

480

P6_TA(2006)0569The institutional aspects of the European Union's capacity to integrate new Member StatesEuropean Parliament resolution on the institutional aspects of the European Union's capacity to integrate new Member States (2006/2226(INI))

485

Thursday, 14 December 2006

2006/C 317E/04

MINUTES

491

PROCEEDINGS OF THE SITTING

491

Opening of sitting

491

Documents received

491

A European strategy for sustainable, competitive and secure energy — Biomass and Biofuels — Nuclear Safety and Security Assistance * (debate)

492

Tribute

493

Signature of acts adopted under codecision

493

Voting time

495

Draft general budget of the European Union 2007, amended by the Council (vote)

495

Draft general budget for 2007, amended by the Council (all sections) (vote)

497

Procedure for prior examination and consultation in respect of certain provisions concerning transport proposed in Member States (codified version) ***I (Rule 131) (vote)

497

Elimination of controls at the frontiers of Member States (road and inland waterway transport) (codified version) ***I (Rule 131) (vote)

498

Transmission of data subject to statistical confidentiality (codified version) ***I (Rule 131) (vote)

498

Submission of nominal catch statistics by Member States fishing in the North-East Atlantic (codified version) ***I (Rule 131) (vote)

498

Community criteria for the eradication and monitoring of certain animal diseases (codified version) * (Rule 131) (vote)

498

Agreement between the EC and Paraguay on certain aspects of air services * (Rule 131) (vote)

499

R&D activities in the domain of intelligent manufacturing systems (EU-Australia Agreement, Canada, Norway, Switzerland, Korea, Japan and the USA) * (Rule 131) (vote)

499

Direct support schemes under CAP; the COM for sugars; restructuring of the sugar industry; owing to the accession of Bulgaria and Romania to the EU * (Rule 131) (vote)

499

Drugs prevention and information (2007-2013) ***I (Rule 131) (vote)

499

Civil justice (2007-2013) ***I (Rule 131) (vote)

500

European Refugee Fund (2008-2013) ***I (Rule 131) (vote)

500

Double-hull or equivalent design requirements for single-hull oil tankers ***I (Rule 131) (vote)

500

Creation of the European Fund for the Integration of Third-country Nationals (2007-2013) * (Rule 131) (vote)

501

Prevention, preparedness and consequence management of terrorism (2007-2013) * (Rule 131) (vote)

501

Numerical strength of the committees (vote)

501

European Institute for Gender Equality ***II (vote)

501

Driving licences ***II (vote)

502

Amendment of Rule 81 of Parliament's Rules of Procedure, Implementing provisions (vote)

502

Amendment of the Rules of Procedure (committees, quaestors) (vote)

502

External Borders Fund (2007-2013) ***I (vote)

502

Creation of the European Return Fund (2008-2013) ***I (vote)

503

Medicinal products for paediatric use ***I (vote)

503

European Small Claims Procedure ***I (vote)

503

Fundamental rights and citizenship (2007-2013) * (vote)

504

Criminal justice (2007-2013) * (vote)

504

Preventing and fighting crime (2007-2013) * (vote)

504

Development of the second generation Schengen Information System (SIS II) * (vote)

505

Development of the second generation Schengen information System (SIS II) * (vote)

505

Nuclear Safety and Security Assistance * (vote)

505

Visas for crossing Member States' external borders * (vote)

506

Sakharov Prize (vote)

506

Data protection within the framework of police and judicial cooperation in criminal matters (vote)

506

A European strategy for sustainable, competitive and secure energy (vote)

507

Biomass and Biofuels (vote)

507

Explanations of vote

507

Corrections to votes and voting intentions

508

Approval of Minutes of previous sitting

508

Hague Convention on securities (debate)

508

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

509

Fiji

509

Implication of the UN forces in sexual abuses in Liberia and in Haiti

509

Burma

509

Voting time

509

Fiji (vote)

510

Implication of the UN forces in sexual abuses in Liberia and in Haiti (vote)

510

Burma (vote)

510

Hague Convention on securities (vote)

511

Membership of committees and delegations

511

Verification of credentials

511

Decisions concerning certain documents

511

Written declarations entered in the register (Rule 116)

512

Forwarding of texts adopted during the sitting

513

Dates for next sittings

513

Adjournment of session

513

ATTENDANCE REGISTER

514

ANNEX I

516

ANNEX II

546

TEXTS ADOPTED

588

P6_TA(2006)0570Draft general budget for 2007, amended by the Council (all sections)European Parliament resolution on the draft general budget of the European Union for the financial year 2007 as modified by the Council (all sections) (15637/2006 — C6-0442/2006 — 2006/2018(BUD) — 2006/2018B(BUD)) and Letters of Amendment Nos 1/2007 (SEC(2006)0762), 2/2007 (13886/2006 — C6-0341/2006) and 3/2007 (15636/2006 — C6-0443/2006) to the draft general budget of the European Union for the financial year 2007

588

ANNEX

595

P6_TA(2006)0571Procedure for prior examination and consultation in respect of certain provisions concerning transport proposed in Member States (codified version) ***IEuropean Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council on a procedure for prior examination and consultation in respect of certain laws, regulations and administrative provisions concerning transport proposed in Member States (codified version) (COM(2006)0284 — C6-0185/2006 — 2006/0099(COD))

598

P6_TA(2006)0572Elimination of controls at the frontiers of Member States (road and inland waterway transport) (codified version) ***IEuropean Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on the elimination of controls performed at the frontiers of Member States in the field of road and inland waterway transport (codified version) (COM(2006)0432 — C6-0261/2006 — 2006/0146(COD))

599

P6_TA(2006)0573Transmission of data subject to statistical confidentiality (codified version) ***IEuropean Parliament legislative resolution on the proposal for a regulation (Euratom, EC) of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities (codified version) (COM(2006)0477 — C6-0290/2006 — 2006/0159(COD))

600

P6_TA(2006)0574Submission of nominal catch statistics by Member States fishing in the North-East Atlantic (codified version) ***IEuropean Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on the submission of nominal catch statistics by Member States fishing in the North-East Atlantic (codified version) (COM(2006)0497 — C6-0301/2006 — 2006/0164(COD))

600

P6_TA(2006)0575Community criteria for the eradication and monitoring of certain animal diseases (codified version) *European Parliament legislative resolution on the proposal for a Council decision laying down Community criteria for the eradication and monitoring of certain animal diseases (codified version) (COM(2006)0315 — C6-0236/2006 — 2006/0104(CNS))

601

P6_TA(2006)0576Agreement between the EC and Paraguay on certain aspects of air services *European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the Agreement between the European Community and the Republic of Paraguay on certain aspects of air services (COM(2006)0266 — C6-0308/2006 — 2006/0094(CNS))

602

P6_TA(2006)0577R & D activities in the domain of intelligent manufacturing systems (EU-Australia Agreement, Canada, Norway, Switzerland, Korea, Japan and the USA) *European Parliament legislative resolution on the proposal for a Council decision authorising the conclusion of the agreement to renew and modify the agreement on research and development activities in the domain of intelligent manufacturing systems (IMS) between the European Community and Australia, Canada, the EFTA countries of Norway and Switzerland, Korea, Japan and the United States of America (COM(2006)0343 — C6-0373/2006 — 2006/0111(CNS))

602

P6_TA(2006)0578Direct support schemes under CAP; the COM for sugars; restructuring of the sugar industry; owing to the accession of Bulgaria and Romania to the EU *European Parliament legislative resolution on the proposal for a Council regulation adapting Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, Regulation (EC) No 318/2006 on the common organisation of the markets in the sugar sector and Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community, by reason of the accession of Bulgaria and Romania to the European Union (COM(2006)0677 — C6-0424/2006 — 2006/0226(CNS))

603

P6_TA(2006)0579Drugs prevention and information (2007-2013) ***IEuropean Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council establishing for the period 2007-2013 the specific programme Drugs prevention and information as part of the General programme Fundamental Rights and Justice (COM(2006)0230 — C6-0095/2005 — 2005/0037B(COD))

604

P6_TC1-COD(2005)0037BPosition of the European Parliament adopted at first reading on 14 December 2006 with a view to the adoption of Decision No .../2007/EC of the European Parliament and of the Council establishing for the period 2007-2013 the specific programme Drugs prevention and information as part of the General programme Fundamental Rights and Justice

Decision No .../2007/EC

604

P6_TA(2006)0580Civil justice (2007-2013) ***IEuropean Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council establishing for the period 2007-2013 the specific programme Civil justice as part of the General programme Fundamental Rights and Justice (COM(2005)0122 — C6-0096/2005 — 2005/0040(COD))

612

P6_TC1-COD(2005)0040Position of the European Parliament adopted at first reading on 14 December 2006 with a view to the adoption of Decision No .../2007/EC of the European Parliament and of the Council establishing for the period 2007-2013 the specific programme Civil justice as part of the General programme Fundamental Rights and Justice

No .../2007/EC

613

P6_TA(2006)0581European Refugee Fund ***IEuropean Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council establishing the European Refugee Fund for the period 2008-2013 as part of the General programme Solidarity and Management of Migration Flows (COM(2005)0123 — C6-0124/2005 — 2005/0046(COD))

621

P6_TC1-COD(2005)0046Position of the European Parliament adopted at first reading on 14 December 2006 with a view to the adoption of Decision No .../2007/EC of the European Parliament and of the Council on establishing the European Refugee Fund for the period 2008 to 2013 as part of the General programme Solidarity and Management of Migration Flows and repealing Council Decision 2004/904/EC

621

P6_TA(2006)0582Double-hull or equivalent design requirements for single-hull oil tankers ***IEuropean Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 417/2002 on the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers and repealing Council Regulation (EC) No 2978/94 (COM(2006)0111 — C6-0104/2006 — 2006/0046(COD))

650

P6_TC1-COD(2006)0046Position of the European Parliament adopted at first reading on 14 December 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council amending Regulation (EC) No 417/2002 on the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers

(EC) No .../2006

tankers

650

P6_TA(2006)0583European Fund for the Integration of Third-country Nationals *European Parliament legislative resolution on the proposal for a Council decision establishing the European Fund for the Integration of Third-country Nationals for the period 2007-2013 as part of the General programme Solidarity and Management of Migration Flows (COM(2005)0123 — C6-0238/2005 — 2005/0048(CNS))

652

ANNEX

652

P6_TA(2006)0584Prevention, Preparedness and Consequence Management of Terrorism (Programme on Security and Safeguarding Liberties) *European Parliament legislative resolution on the proposal for a Council decision establishing the specific programme Prevention, Preparedness and Consequence Management of Terrorism for the period 2007-2013 — General Programme Security and Safeguarding Liberties (COM(2005)0124 — C6-0241/2005 — 2005/0034(CNS))

678

P6_TA(2006)0585Numerical strength of the committeesDecision on the numerical strength of the committees

688

P6_TA(2006)0586European Institute for Gender Equality ***IIEuropean Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council establishing a European Institute for Gender Equality (10351/1/2006 — C6-0314/2006 — 2005/0017(COD))

689

P6_TC2-COD(2005)0017Position of the European Parliament adopted at second reading on 14 December 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council on establishing a European Institute for Gender Equality

690

P6_TA(2006)0587Driving licenses ***IIEuropean Parliament legislative resolution on the Council common position for adopting a directive of the European Parliament and of the Council on driving licences (9010/1/2006 — C6-0312/2006 — 2003/0252(COD))

701

P6_TC2-COD(2003)0252Position of the European Parliament adopted at second reading on 14 December 2006 with a view to the adoption of Directive 2006/.../EC of the European Parliament and of the Council on driving licences (Recast)

Directive 2006/.../EC

702

ANNEX IPROVISIONS CONCERNING THE COMMUNITY MODEL DRIVING LICENCE

714

ANNEX II

724

ANNEX IIIMINIMUM STANDARDS OF PHYSICAL AND MENTAL FITNESS FOR DRIVING A POWER-DRIVEN VEHICLE

734

ANNEX IVMINIMUM STANDARDS FOR PERSONS WHO CONDUCT PRACTICAL DRIVING TESTS

739

ANNEX VMINIMUM REQUIREMENTS FOR DRIVER TRAINING AND TESTING FOR COMBINATIONS AS DEFINED IN THE SECOND SUBPARAGRAPH OF ARTICLE 4(4)(B)

742

ANNEX VIMINIMUM REQUIREMENTS FOR DRIVER TRAINING AND TESTING FOR MOTORCYCLES WITHIN CATEGORY A (PROGRESSIVE ACCESS)

743

ANNEX VII

743

ANNEX VIIICORRELATION TABLE

744

P6_TA(2006)0588Amendment of Rule 81 of Parliament's Rules of Procedure, Implementing provisionsEuropean Parliament decision on amendment of Rule 81 of Parliament's Rules of Procedure, Implementing provisions (2006/2211(REG))

747

P6_TA(2006)0589Amendment of the Rules of Procedure (Quaestors, committee bureaux)European Parliament decision on amendment of Rules 15 and 182(1) of Parliament's Rules of Procedure — Election of Quaestors and committee bureaux (2006/2287(REG))

749

P6_TA(2006)0590External Borders Fund ***IEuropean Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council establishing the External Borders Fund for the period 2007-2013 as part of the General programme Solidarity and Management of Migration Flows (COM(2005)0123 — C6-0125/2005 — 2005/0047(COD))

749

P6_TC1-COD(2005)0047Position of the European Parliament adopted at first reading on 14 December 2006 with a view to the adoption of Decision No .../2007/EC of the European Parliament and of the Council on establishing the External Borders Fund for the period 2007 to 2013 as part of the General programme Solidarity and Management of Migration Flows

750

P6_TA(2006)0591European Return Fund ***IEuropean Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council establishing the European Return Fund for the period 2008-2013 as part of the General programme Solidarity and Management of Migration Flows (COM(2005)0123 — C6-0126/2005 — 2005/0049(COD))

782

P6_TC1-COD(2005)0049Position of the European Parliament adopted at first reading on 14 December 2006 with a view to the adoption of Decision No .../2007/EC of the European Parliament and of the Council on establishing the European Return Fund for the period 2008 to 2013 as part of the General Programme Solidarity and Management of Migration Flows

783

P6_TA(2006)0592Medicinal products for paediatric use ***IEuropean Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No .../2006 on medicinal products and amending Regulation (EEC) No 1768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulation (EC) No 726/2004 (COM(2006)0640 — C6-0356/2006 — 2006/0207(COD))

812

P6_TC1-COD(2006)0207Position of the European Parliament adopted at first reading on 14 December 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council amending Regulation (EC) No .../2006 on medicinal products for paediatric use

812

P6_TA(2006)0593European Small Claims Procedure ***IEuropean Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council establishing a European Small Claims Procedure (COM(2005)0087 — C6-0082/2005 — 2005/0020(COD))

814

P6_TC1-COD(2005)0020Position of the European Parliament adopted at first reading on 14 December 2006 with a view to the adoption of Regulation (EC) No .../2007 of the European Parliament and of the Council establishing a European Small Claims Procedure

(EC) No .../2007

814

ANNEX I

826

832

ANNEX II

833

ANNEX III

835

ANNEX IV

837

P6_TA(2006)0594Fundamental rights and citizenship (2007-2013) *European Parliament legislative resolution on the proposal for a Council decision establishing for the period 2007-2013 the specific programme Fundamental rights and citizenship as part of the General programme Fundamental Rights and Justice (COM(2005)0122 — C6-0236/2005 — 2005/0038(CNS))

838

ANNEX

839

P6_TA(2006)0595Criminal justice (2007-2013) *European Parliament legislative resolution on the proposal for a Council decision establishing for the period 2007-2013 the specific programme Criminal justice as part of the General programme Fundamental Rights and Justice (COM(2005)0122 — C6-0237/2005 — 2005/0039(CNS))

847

ANNEX

847

P6_TA(2006)0596Prevention of and Fight against Crime (Programme on Security and Safeguarding Liberties) *European Parliament legislative resolution on the proposal for a Council decision establishing the Specific Programme Prevention of and Fight against Crime for the period 2007-2013, General Programme Security and Safeguarding Liberties (COM(2005)0124 — C6-0242/2005 — 2005/0035(CNS))

856

P6_TA(2006)0597Development of the second generation Schengen Information System (SIS II) (regulation) *European Parliament legislative resolution on the proposal for a Council Regulation amending Regulation (EC) No 2424/2001 on the development of the second generation Schengen Information System (SIS II) (COM(2006)0383 — C6-0296/2006 — 2006/0125(CNS))

862

P6_TA(2006)0598Development of the second generation Schengen Information System (SIS II) (decision) *European Parliament legislative resolution on the proposal for a Council decision amending Decision 2001/886/JHA on the development of the second generation Schengen Information System (SIS II) (COM(2006)0383 — C6-0297/2006 — 2006/0126(CNS))

863

P6_TA(2006)0599Nuclear Safety and Security Assistance *European Parliament legislative resolution on the draft Council regulation establishing an Instrument for Nuclear Safety and Security Assistance (9037/2006 — C6-0153/2006 — 2006/0802(CNS))

863

P6_TA(2006)0600Visas for crossing Member States' external borders *European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders of Member States and those whose nationals are exempt from that requirement (COM(2006)0084 — C6-0256/2006 — 2006/0022(CNS))

869

P6_TA(2006)0601Follow-up to the Sakharov PrizeEuropean Parliament resolution on the follow-up to the Sakharov Prize

871

P6_TA(2006)0602Data protection within the framework of police and judicial cooperation in criminal mattersEuropean Parliament recommendation to the Council on the progress of the negotiations on the framework decision on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (2006/2286(INI))

872

P6_TA(2006)0603A European Strategy for Sustainable, Competitive and Secure EnergyEuropean Parliament resolution on a European Strategy for Sustainable, Competitive and Secure Energy — Green Paper (2006/2113(INI))

876

P6_TA(2006)0604Biomass and biofuelsEuropean Parliament resolution on a strategy for biomass und biofuels (2006/2082(INI))

890

P6_TA(2006)0605FijiEuropean Parliament resolution on the situation in Fiji

898

P6_TA(2006)0606Implication of UN forces in sexual abuses in Liberia and in HaitiEuropean Parliament resolution on the involvement of UN forces in sexual abuse in Liberia and Haiti

899

P6_TA(2006)0607BurmaEuropean Parliament resolution on the situation in Burma

902

P6_TA(2006)0608Hague Convention on securitiesEuropean Parliament resolution on the implications of signing the Hague Securities Convention

904

---

| | II   Preparatory Acts |
| --- | --- |
| | EUROPEAN PARLIAMENT |
| | Monday, 18 December 2006 |
| 2006/C 317E/05 | MINUTES | 906 |
| PROCEEDINGS OF THE SITTING | 906 |
| Resumption of session | 906 |
| Approval of Minutes of previous sitting | 906 |
| Documents received | 906 |
| Welcome | 906 |
| Signing of REACH and the seventh framework research programme | 907 |
| Meeting of the European Council of 14 and 15 December 2006 — Activities of the Finnish Presidency (debate) | 907 |
| Dates for next sittings | 907 |
| Adjournment of session | 907 |
| ATTENDANCE REGISTER | 908 |

II   Preparatory Acts

EUROPEAN PARLIAMENT

Monday, 18 December 2006

2006/C 317E/05

MINUTES

906

PROCEEDINGS OF THE SITTING

906

Resumption of session

906

Approval of Minutes of previous sitting

906

Documents received

906

Welcome

906

Signing of REACH and the seventh framework research programme

907

Meeting of the European Council of 14 and 15 December 2006 — Activities of the Finnish Presidency (debate)

907

Dates for next sittings

907

Adjournment of session

907

ATTENDANCE REGISTER

908

---

| | |
| --- | --- |
| 2006/C 317E/06 | | s32 |

2006/C 317E/06

s32

---

| EN | |
| --- | --- |

EN

---

I Information

EUROPEAN PARLIAMENT

Monday, 11 December 2006

| 23.12.2006 | EN | Official Journal of the European Union | CE 317/1 |
| --- | --- | --- | --- |

23.12.2006

EN

Official Journal of the European Union

CE 317/1

---

MINUTES

(2006/C 317 E/01)

PROCEEDINGS OF THE SITTING

IN THE CHAIR: Josep BORRELL FONTELLES

President

1.   Resumption of session

The sitting opened at 17.00.

2.   Approval of Minutes of previous sitting

The Minutes of the previous sitting were approved.

Margrietus van den Berg spoke on the Commission statement on AIDS (Minutes of 30.11.2006, Item 4).

(Minutes of 30.11.2006, Item 4)

3.   Membership of Parliament (Observers)

(Observers)

The Chairman of the Bulgarian National Assembly had given notice of the designation of Konstantin Dimitrov as an Observer at the European Parliament with effect from 01.12.2006, to replace Dimitar Abadjiev.

4.   Request for the defence of parliamentary immunity

Giuseppe Gargani had requested that his parliamentary immunity be upheld in the context of a case being heard before a court in Rome.

Under Rule 6(3), the request had been referred to the committee responsible, the JURI Committee.

5.   Signature of acts adopted under codecision

The President announced that, together with the President of the Council and in accordance with Rule 68 of the Rules of Procedure, on Tuesday he would sign the following acts, which had been adopted by codecision:

| — | Directive of the European Parliament and of the Council on services in the internal market (3667/1/2006 — C6-0462/2006 — 2004/0001(COD)) |
| --- | --- |

—

Directive of the European Parliament and of the Council on services in the internal market (3667/1/2006 — C6-0462/2006 — 2004/0001(COD))

| — | Directive of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration (3658/4/2006 — C6-0454/2006 — 2003/0210(COD)) |
| --- | --- |

—

Directive of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration (3658/4/2006 — C6-0454/2006 — 2003/0210(COD))

| — | Regulation of the European Parliament and of the Council on medicinal products for paediatric use and amending Regulation (EEC) No 1768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulation (EC) No 726/2004 (3623/6/2006 — C6-0446/2006 — 2004/0217(COD)) |
| --- | --- |

—

Regulation of the European Parliament and of the Council on medicinal products for paediatric use and amending Regulation (EEC) No 1768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulation (EC) No 726/2004 (3623/6/2006 — C6-0446/2006 — 2004/0217(COD))

| — | Decision of the European Parliament and of the Council establishing for the period 2007-2013 the programme ‘Europe for Citizens’ to promote active European citizenship (3657/1/2006 — C6-0456/2006 — 2005/0041(COD)) |
| --- | --- |

—

Decision of the European Parliament and of the Council establishing for the period 2007-2013 the programme ‘Europe for Citizens’ to promote active European citizenship (3657/1/2006 — C6-0456/2006 — 2005/0041(COD))

| — | Decision of the European Parliament and of the Council establishing the Culture Programme (2007-2013) (3656/1/2006 — C6-0455/2006 — 2004/0150(COD)) |
| --- | --- |

—

Decision of the European Parliament and of the Council establishing the Culture Programme (2007-2013) (3656/1/2006 — C6-0455/2006 — 2004/0150(COD))

| — | Directive of the European Parliament and of the Council laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC (3629/1/2006 — C6-0448/2006 — 1997/0335(COD)) |
| --- | --- |

—

Directive of the European Parliament and of the Council laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC (3629/1/2006 — C6-0448/2006 — 1997/0335(COD))

| — | Regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (3632/1/2006 — C6-0447/2006 — 2000/0069(COD)) |
| --- | --- |

—

Regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (3632/1/2006 — C6-0447/2006 — 2000/0069(COD))

| — | Regulation of the European Parliament and of the Council creating a European order for payment procedure (3659/2/2006 — C6-0463/2006 — 2004/0055(COD)) |
| --- | --- |

—

Regulation of the European Parliament and of the Council creating a European order for payment procedure (3659/2/2006 — C6-0463/2006 — 2004/0055(COD))

| — | Directive of the European Parliament and of the Council amending for the 30th time Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (perfluorooctane sulfonates) (3660/1/2006 — C6-0458/2006 — 2005/0244(COD)) |
| --- | --- |

—

Directive of the European Parliament and of the Council amending for the 30th time Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (perfluorooctane sulfonates) (3660/1/2006 — C6-0458/2006 — 2005/0244(COD))

| — | Regulation of the European Parliament and of the Council on the European Monitoring Centre for Drugs and Drug Addiction (recast) (3648/1/2006 — C6-0449/2006 — 2005/0166(COD)) |
| --- | --- |

—

Regulation of the European Parliament and of the Council on the European Monitoring Centre for Drugs and Drug Addiction (recast) (3648/1/2006 — C6-0449/2006 — 2005/0166(COD))

| — | Directive of the European Parliament and of the Council on the regulation of the operation of aeroplanes covered by Part II, Chapter 3, Volume 1 of Annex XVI to the Convention on International Civil Aviation, second edition (1988) (codified version) (3635/3/2006 — C6-0452/2006 — 2003/0207(COD)) |
| --- | --- |

—

Directive of the European Parliament and of the Council on the regulation of the operation of aeroplanes covered by Part II, Chapter 3, Volume 1 of Annex XVI to the Convention on International Civil Aviation, second edition (1988) (codified version) (3635/3/2006 — C6-0452/2006 — 2003/0207(COD))

| — | Directive of the European Parliament and of the Council on the establishment of common rules for certain types of carriage of goods by road (codified version) (3637/1/2006 — C6-0453/2006 — 2004/0017(COD)) |
| --- | --- |

—

Directive of the European Parliament and of the Council on the establishment of common rules for certain types of carriage of goods by road (codified version) (3637/1/2006 — C6-0453/2006 — 2004/0017(COD))

| — | Directive of the European Parliament and of the Council on the harmonisation of the laws of Member States relating to electrical equipment designed for use within certain voltage limits (codified version) (3638/3/2006 — C6-0461/2006 — 2003/0094(COD)) |
| --- | --- |

—

Directive of the European Parliament and of the Council on the harmonisation of the laws of Member States relating to electrical equipment designed for use within certain voltage limits (codified version) (3638/3/2006 — C6-0461/2006 — 2003/0094(COD))

| — | Directive of the European Parliament and of the Council on the quality required of shellfish waters (codified version) (3640/2/2006 — C6-0450/2006 — 2006/0067(COD)) |
| --- | --- |

—

Directive of the European Parliament and of the Council on the quality required of shellfish waters (codified version) (3640/2/2006 — C6-0450/2006 — 2006/0067(COD))

| — | Directive of the European Parliament and of the Council concerning misleading and comparative advertising (codified version) (3641/1/2006 — C6-0459/2006 — 2006/0070(COD)) |
| --- | --- |

—

Directive of the European Parliament and of the Council concerning misleading and comparative advertising (codified version) (3641/1/2006 — C6-0459/2006 — 2006/0070(COD))

| — | Directive of the European Parliament and of the Council on the term of protection of copyright and certain related rights (codified version) (3643/2/2006 — C6-0460/2006 — 2006/0071(COD)) |
| --- | --- |

—

Directive of the European Parliament and of the Council on the term of protection of copyright and certain related rights (codified version) (3643/2/2006 — C6-0460/2006 — 2006/0071(COD))

| — | Directive of the European Parliament and of the Council on rental right and lending right and on certain rights related to copyright in the field of intellectual property (codified version) (3642/1/2006 — C6-0451/2006 — 2006/0073(COD)) |
| --- | --- |

—

Directive of the European Parliament and of the Council on rental right and lending right and on certain rights related to copyright in the field of intellectual property (codified version) (3642/1/2006 — C6-0451/2006 — 2006/0073(COD))

6.   Documents received

The following documents had been received:

| 1) | from committees






  1.1) | reports






  — | * Report on the joint guideline adopted by the Council with a view to adopting a Council regulation amending Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (COM(2006)0213 — C6-0207/2006 — 2005/0090(CNS)) — BUDG Committee
  Rapporteur: Ingeborg Gräßle (A6-0447/2006). |
| --- | --- | --- | --- |

1)

from committees

1.1)

reports

—

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

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

| — | Report on Draft amending budget No 6/2006 of the European Union for the financial year 2006 (15635/2006 — C6-0441/2006 — 2006/2265(BUD)) — BUDG Committee
  Rapporteur: Giovanni Pittella (A6-0444/2006). |
| --- | --- |

—

Report on Draft amending budget No 6/2006 of the European Union for the financial year 2006 (15635/2006 — C6-0441/2006 — 2006/2265(BUD)) — BUDG Committee

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

| — | * Report on the nomination of Ovidiu Ispir as a Member of the Court of Auditors (N6-0038/2006 — C6-0410/2006 — 2006/0812(CNS)) — CONT Committee
  Rapporteur: Szabolcs Fazakas (A6-0443/2006). |
| --- | --- |

—

- Report on the nomination of Ovidiu Ispir as a Member of the Court of Auditors (N6-0038/2006 — C6-0410/2006 — 2006/0812(CNS)) — CONT Committee

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

| — | * Report on the nomination of Nadezhda Sandolova as a Member of the Court of Auditors (N6-0037/2006 — C6-0411/2006 — 2006/0811(CNS)) — CONT Committee
  Rapporteur: José Javier Pomés Ruiz (A6-0442/2006). |
| --- | --- |

—

- Report on the nomination of Nadezhda Sandolova as a Member of the Court of Auditors (N6-0037/2006 — C6-0411/2006 — 2006/0811(CNS)) — CONT Committee

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

| — | * Report on the proposal for a Council directive amending Council Directive 2002/38/EC as regards the period of application of the value added tax arrangements applicable to radio and television broadcasting services and certain electronically supplied services (COM(2006)0739 — C6-0437/2006 — 2006/0245(CNS)) — ECON Committee
  Rapporteur: Zsolt László Becsey (A6-0440/2006). |
| --- | --- |

—

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

Rapporteur: Zsolt László Becsey (A6-0440/2006).

| — | ***I Report on the proposal for a decision of the European Parliament and the Council establishing the European Refugee Fund for the period 2008-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (COM(2005)0123 [[01]] — C6-0124/2005 — 2005/0046(COD)) — LIBE Committee
  Rapporteur: Barbara Kudrycka (A6-0437/2006). |
| --- | --- |

—

***I Report on the proposal for a decision of the European Parliament and the Council establishing the European Refugee Fund for the period 2008-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (COM(2005)0123 [[01]] — C6-0124/2005 — 2005/0046(COD)) — LIBE Committee

Rapporteur: Barbara Kudrycka (A6-0437/2006).

| — | Report on the Commission's Communication on the Enlargement Strategy and Main Challenges 2006-2007 (2006/2252(INI)) — AFET Committee
  Rapporteur: Elmar Brok (A6-0436/2006). |
| --- | --- |

—

Report on the Commission's Communication on the Enlargement Strategy and Main Challenges 2006-2007 (2006/2252(INI)) — AFET Committee

Rapporteur: Elmar Brok (A6-0436/2006).

| — | * Report on the proposal for a Council regulation concerning Community financial contributions to the International Fund for Ireland (2007-2010) (COM(2006)0564 — C6-0423/2006 — 2006/0194(CNS)) — REGI Committee
  Rapporteur: Jim Higgins (A6-0432/2006). |
| --- | --- |

—

- Report on the proposal for a Council regulation concerning Community financial contributions to the International Fund for Ireland (2007-2010) (COM(2006)0564 — C6-0423/2006 — 2006/0194(CNS)) — REGI Committee

Rapporteur: Jim Higgins (A6-0432/2006).

| — | * Report on the proposal for a Council regulation amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders of Member States and those whose nationals are exempt from that requirement (COM(2006)0084 — C6-0256/2006 — 2006/0022(CNS)) — LIBE Committee
  Rapporteur: Ioannis Varvitsiotis (A6-0431/2006). |
| --- | --- |

—

- Report on the proposal for a Council regulation amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders of Member States and those whose nationals are exempt from that requirement (COM(2006)0084 — C6-0256/2006 — 2006/0022(CNS)) — LIBE Committee

Rapporteur: Ioannis Varvitsiotis (A6-0431/2006).

| — | * Report on the draft Council Regulation establishing a financing instrument for cooperation with industrialised and other high-income countries and territories (11877/2006 — C6-0265/2006 — 2006/0807(CNS)) — INTA Committee
  Rapporteur: David Martin (A6-0430/2006). |
| --- | --- |

—

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

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

| — | ***I Report on the proposal for a European Parliament and Council Regulation laying down the Community Customs Code (Modernised Customs Code) (COM(2005)0608 — C6-0419/2005 — 2005/0246(COD)) — IMCO Committee
  Rapporteur: Janelly Fourtou (A6-0429/2006). |
| --- | --- |

—

***I Report on the proposal for a European Parliament and Council Regulation laying down the Community Customs Code (Modernised Customs Code) (COM(2005)0608 — C6-0419/2005 — 2005/0246(COD)) — IMCO Committee

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

| — | ***I Report on a proposal for a decision of the European Parliament and of the Council establishing an action programme for customs in the Community (Customs 2013) (COM(2006)0201 — C6-0158/2006 — 2006/0075(COD)) — IMCO Committee
  Rapporteur: Janelly Fourtou (A6-0428/2006). |
| --- | --- |

—

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

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

| — | ***I Report on the proposal for a decision of the European Parliament and the Council establishing the External Borders Fund for the period 2007-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (COM(2005)0123 [[02]] — C6-0125/2005 — 2005/0047(COD)) — LIBE Committee
  Rapporteur: Barbara Kudrycka (A6-0427/2006). |
| --- | --- |

—

***I Report on the proposal for a decision of the European Parliament and the Council establishing the External Borders Fund for the period 2007-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (COM(2005)0123 [[02]] — C6-0125/2005 — 2005/0047(COD)) — LIBE Committee

Rapporteur: Barbara Kudrycka (A6-0427/2006).

| — | Report on a European strategy for sustainable, competitive and secure energy — Green paper (2006/2113(INI)) — ITRE Committee
  Rapporteur: Eluned Morgan (A6-0426/2006). |
| --- | --- |

—

Report on a European strategy for sustainable, competitive and secure energy — Green paper (2006/2113(INI)) — ITRE Committee

Rapporteur: Eluned Morgan (A6-0426/2006).

| — | ***I Report on the proposal for a decision of the European Parliament and the Council establishing the European Return Fund for the period 2008-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (COM(2005)0123 [[04]] — C6-0126/2005 — 2005/0049(COD)) — LIBE Committee
  Rapporteur: Barbara Kudrycka (A6-0425/2006). |
| --- | --- |

—

***I Report on the proposal for a decision of the European Parliament and the Council establishing the European Return Fund for the period 2008-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (COM(2005)0123 [[04]] — C6-0126/2005 — 2005/0049(COD)) — LIBE Committee

Rapporteur: Barbara Kudrycka (A6-0425/2006).

| — | ***I Report on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 571/88 on the organisation of Community surveys on the structure of agricultural holdings, as regards the financial framework for the period 2007-2009 and the maximum Community contribution for Bulgaria and Romania (COM(2006)0344 — C6-0217/2006 — 2006/0112(COD)) — BUDG Committee
  Rapporteur: Janusz Lewandowski (A6-0424/2006). |
| --- | --- |

—

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

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

| — | * Report on the proposal for a Council decision on the conclusion, on behalf of the European Community, of an Arrangement between the European Community and the Republic of Iceland and the Kingdom of Norway on the modalities of those states' participation in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (COM(2006)0178 — C6-0358/2006 — 2006/0063(CNS)) — LIBE Committee
  Rapporteur: Jean-Marie Cavada (A6-0423/2006). |
| --- | --- |

—

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

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

| — | * Report on the proposal for a Council regulation amending Regulations (EEC) No 404/93, (EC) No 1782/2003 and (EC) No 247/2006 as regards the banana sector (COM(2006)0489 — C6-0339/2006 — 2006/0173(CNS)) — AGRI Committee
  Rapporteur: Jean-Claude Fruteau (A6-0422/2006). |
| --- | --- |

—

- Report on the proposal for a Council regulation amending Regulations (EEC) No 404/93, (EC) No 1782/2003 and (EC) No 247/2006 as regards the banana sector (COM(2006)0489 — C6-0339/2006 — 2006/0173(CNS)) — AGRI Committee

Rapporteur: Jean-Claude Fruteau (A6-0422/2006).

| — | * Report on the proposal for a Council decision establishing the European Fund for the Integration of Third-country Nationals for the period 2007-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (COM(2005)0123 [[03]] — C6-0238/2005 — 2005/0048(CNS)) — LIBE Committee
  Rapporteur: Barbara Kudrycka (A6-0419/2006). |
| --- | --- |

—

- Report on the proposal for a Council decision establishing the European Fund for the Integration of Third-country Nationals for the period 2007-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (COM(2005)0123 [[03]] — C6-0238/2005 — 2005/0048(CNS)) — LIBE Committee

Rapporteur: Barbara Kudrycka (A6-0419/2006).

| — | * Report on the proposal for a Council decision authorizing the conclusion of the agreement to renew and modify the agreement on research and development activities in the domain of intelligent manufacturing systems (IMS) between the European Community and Australia, Canada, the EFTA countries of Norway and Switzerland, Korea, Japan and the United States of America (COM(2006)0343 — C6-0373/2006 — 2006/0111(CNS)) — ITRE Committee
  Rapporteur: Giles Chichester (A6-0418/2006). |
| --- | --- |

—

- Report on the proposal for a Council decision authorizing the conclusion of the agreement to renew and modify the agreement on research and development activities in the domain of intelligent manufacturing systems (IMS) between the European Community and Australia, Canada, the EFTA countries of Norway and Switzerland, Korea, Japan and the United States of America (COM(2006)0343 — C6-0373/2006 — 2006/0111(CNS)) — ITRE Committee

Rapporteur: Giles Chichester (A6-0418/2006).

| — | ***I Report on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 417/2002 on the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers and repealing Council Regulation (EC) No 2978/94 (COM(2006)0111 — C6-0104/2006 — 2006/0046(COD)) — TRAN Committee
  Rapporteur: Fernand Le Rachinel (A6-0417/2006). |
| --- | --- |

—

***I Report on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 417/2002 on the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers and repealing Council Regulation (EC) No 2978/94 (COM(2006)0111 — C6-0104/2006 — 2006/0046(COD)) — TRAN Committee

Rapporteur: Fernand Le Rachinel (A6-0417/2006).

| — | Report on educational discrimination against young women and girls (2006/2135(INI)) — FEMM Committee
  Rapporteur: Věra Flasarová (A6-0416/2006). |
| --- | --- |

—

Report on educational discrimination against young women and girls (2006/2135(INI)) — FEMM Committee

Rapporteur: Věra Flasarová (A6-0416/2006).

| — | Report on Amendment of Rule 81 of Parliament's Rules of Procedure, Implementing provisions (2006/2211(REG)) — AFCO Committee
  Rapporteur: Richard Corbett (A6-0415/2006). |
| --- | --- |

—

Report on Amendment of Rule 81 of Parliament's Rules of Procedure, Implementing provisions (2006/2211(REG)) — AFCO Committee

Rapporteur: Richard Corbett (A6-0415/2006).

| — | * Report on the proposal for a Council decision amending Decision 2001/886/JHA on the development of the second generation Schengen information System (SIS II) (COM(2006)0383 [[02]] — C6-0297/2006 — 2006/0126(CNS)) — LIBE Committee
  Rapporteur: Carlos Coelho (A6-0413/2006). |
| --- | --- |

—

- Report on the proposal for a Council decision amending Decision 2001/886/JHA on the development of the second generation Schengen information System (SIS II) (COM(2006)0383 [[02]] — C6-0297/2006 — 2006/0126(CNS)) — LIBE Committee

Rapporteur: Carlos Coelho (A6-0413/2006).

| — | * Report on the proposal for a Council regulation adapting Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, Regulation (EC) No 318/2006 on the common organisation of the markets in the sugar sector and Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community, by reason of the accession of Bulgaria and Romania to the European Union (COM(2006)0677 — C6-0424/2006 — 2006/0226(CNS)) — AGRI Committee
  Rapporteur: Joseph Daul (A6-0412/2006). |
| --- | --- |

—

- Report on the proposal for a Council regulation adapting Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, Regulation (EC) No 318/2006 on the common organisation of the markets in the sugar sector and Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community, by reason of the accession of Bulgaria and Romania to the European Union (COM(2006)0677 — C6-0424/2006 — 2006/0226(CNS)) — AGRI Committee

Rapporteur: Joseph Daul (A6-0412/2006).

| — | ***I Report on the proposal for a decision of the European Parliament and of the Council correcting Directive 2002/2/EC amending Council Directive 79/373/EEC on the circulation of compound feedingstuffs (COM(2006)0340 — C6-0209/2006 — 2006/0117(COD)) — AGRI Committee
  Rapporteur: Friedrich-Wilhelm Graefe zu Baringdorf (A6-0411/2006). |
| --- | --- |

—

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

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

| — | * Report on the proposal for a Council regulation amending Regulation (EC) No 2424/2001 on the development of the second generation Schengen Information System (SIS II) (COM(2006)0383 [[01]] — C6-0296/2006 — 2006/0125(CNS)) — LIBE Committee
  Rapporteur: Carlos Coelho (A6-0410/2006). |
| --- | --- |

—

- Report on the proposal for a Council regulation amending Regulation (EC) No 2424/2001 on the development of the second generation Schengen Information System (SIS II) (COM(2006)0383 [[01]] — C6-0296/2006 — 2006/0125(CNS)) — LIBE Committee

Rapporteur: Carlos Coelho (A6-0410/2006).

| — | * Report on the proposal for a Council decision amending Decision 90/424/EEC on expenditure in the veterinary field (COM(2006)0273 — C6-0199/2006 — 2006/0098(CNS)) — AGRI Committee
  Rapporteur: Ilda Figueiredo (A6-0409/2006). |
| --- | --- |

—

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

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

| — | ***I Report on the proposal for a decision of the European Parliament and of the Council on a paperless environment for customs and trade (COM(2005)0609 — C6-0420/2005 — 2005/0247(COD)) — IMCO Committee
  Rapporteur: Christopher Heaton-Harris (A6-0407/2006). |
| --- | --- |

—

***I Report on the proposal for a decision of the European Parliament and of the Council on a paperless environment for customs and trade (COM(2005)0609 — C6-0420/2005 — 2005/0247(COD)) — IMCO Committee

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

| — | * Report on the proposal for a Council decision on the conclusion of the Agreement between the European Community and the Republic of Paraguay on certain aspects of air services (COM(2006)0266 — C6-0308/2006 — 2006/0094(CNS)) — TRAN Committee
  Rapporteur: Paolo Costa (A6-0406/2006). |
| --- | --- |

—

- Report on the proposal for a Council decision on the conclusion of the Agreement between the European Community and the Republic of Paraguay on certain aspects of air services (COM(2006)0266 — C6-0308/2006 — 2006/0094(CNS)) — TRAN Committee

Rapporteur: Paolo Costa (A6-0406/2006).

| — | Report with recommendations to the Commission on limitation periods in respect of personal injury and fatal accident in cross-border litigation (2006/2014(INI)) — JURI Committee
  Rapporteur: Diana Wallis (A6-0405/2006). |
| --- | --- |

—

Report with recommendations to the Commission on limitation periods in respect of personal injury and fatal accident in cross-border litigation (2006/2014(INI)) — JURI Committee

Rapporteur: Diana Wallis (A6-0405/2006).

| — | ***I Report on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No .../... on nutrition and health claims made on foods (COM(2006)0607 — C6-0338/2006 — 2006/0195(COD)) — ENVI Committee
  Rapporteur: Adriana Poli Bortone (A6-0404/2006). |
| --- | --- |

—

***I Report on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No .../... on nutrition and health claims made on foods (COM(2006)0607 — C6-0338/2006 — 2006/0195(COD)) — ENVI Committee

Rapporteur: Adriana Poli Bortone (A6-0404/2006).

| — | ***I Report on the proposal for a regulation of the European Parliament and of the Council amending Regulation EC No .../... on the addition of vitamins and minerals and of certain other substances to foods (COM(2006)0606 — C6-0337/2006 — 2006/0193(COD)) — ENVI Committee
  Rapporteur: Karin Scheele (A6-0403/2006). |
| --- | --- |

—

***I Report on the proposal for a regulation of the European Parliament and of the Council amending Regulation EC No .../... on the addition of vitamins and minerals and of certain other substances to foods (COM(2006)0606 — C6-0337/2006 — 2006/0193(COD)) — ENVI Committee

Rapporteur: Karin Scheele (A6-0403/2006).

| — | ***I Report on the proposal for a directive of the European Parliament and of the Council amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (COM(2005)0646 — C6-0443/2005 — 2005/0260(COD)) — CULT Committee
  Rapporteur: Ruth Hieronymi (A6-0399/2006). |
| --- | --- |

—

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

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

| — | * Report on the proposal for a Council recommendation on the prevention of injury and the promotion of safety (COM(2006)0329 — C6-0238/2006 — 2006/0106(CNS)) — ENVI Committee
  Rapporteur: Kathy Sinnott (A6-0398/2006). |
| --- | --- |

—

- Report on the proposal for a Council recommendation on the prevention of injury and the promotion of safety (COM(2006)0329 — C6-0238/2006 — 2006/0106(CNS)) — ENVI Committee

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

| — | * Report on the draft Council regulation establishing an Instrument for Nuclear Safety and Security Assistance (09037/2006 — C6-0153/2006 — 2006/0802(CNS)) — ITRE Committee
  Rapporteur: Esko Seppänen (A6-0397/2006). |
| --- | --- |

—

- Report on the draft Council regulation establishing an Instrument for Nuclear Safety and Security Assistance (09037/2006 — C6-0153/2006 — 2006/0802(CNS)) — ITRE Committee

Rapporteur: Esko Seppänen (A6-0397/2006).

| — | ***I Report on the proposal for a regulation of the European Parliament and of the Council amending Regulation .../2006 on medicinal products for paediatric use and amending Regulation (EEC) No 1768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulation (EC) No 726/2004 (COM(2006)0640 — C6-0356/2006 — 2006/0207(COD)) — ENVI Committee
  Rapporteur: Françoise Grossetête (A6-0396/2006). |
| --- | --- |

—

***I Report on the proposal for a regulation of the European Parliament and of the Council amending Regulation .../2006 on medicinal products for paediatric use and amending Regulation (EEC) No 1768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulation (EC) No 726/2004 (COM(2006)0640 — C6-0356/2006 — 2006/0207(COD)) — ENVI Committee

Rapporteur: Françoise Grossetête (A6-0396/2006).

| — | * Report on the proposal for a Council decision establishing the specific programme ‘Prevention, Preparedness and Consequence Management of Terrorism’ for the period 2007-2013 — General Programme ‘Security and Safeguarding Liberties’ (COM(2005)0124 [[01]] — C6-0241/2005 — 2005/0034(CNS)) — LIBE Committee
  Rapporteur: Romano Maria La Russa (A6-0390/2006). |
| --- | --- |

—

- Report on the proposal for a Council decision establishing the specific programme ‘Prevention, Preparedness and Consequence Management of Terrorism’ for the period 2007-2013 — General Programme ‘Security and Safeguarding Liberties’ (COM(2005)0124 [[01]] — C6-0241/2005 — 2005/0034(CNS)) — LIBE Committee

Rapporteur: Romano Maria La Russa (A6-0390/2006).

| — | * Report on the proposal establishing the Specific Programme ‘Prevention of and Fight against Crime’ for the period 2007-2013, General Programme ‘Security and Safeguarding Liberties’ (COM(2005)0124 [[02]] — C6-0242/2005 — 2005/0035(CNS)) — LIBE Committee
  Rapporteur: Romano Maria La Russa (A6-0389/2006). |
| --- | --- |

—

- Report on the proposal establishing the Specific Programme ‘Prevention of and Fight against Crime’ for the period 2007-2013, General Programme ‘Security and Safeguarding Liberties’ (COM(2005)0124 [[02]] — C6-0242/2005 — 2005/0035(CNS)) — LIBE Committee

Rapporteur: Romano Maria La Russa (A6-0389/2006).

| — | * Report on the initiative of the Republic of Austria, the Kingdom of Belgium and the Republic of Finland with a view to the adoption of the Council Decision concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification proceeds from, or other property related to, crime (07259/2006 — C6-0122/2006 — 2006/0805(CNS)) — LIBE Committee
  Rapporteur: Mihael Brejc (A6-0388/2006). |
| --- | --- |

—

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

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

| — | ***I Report on the proposal for a regulation of the European Parliament and of the Council establishing a European Small Claims Procedure (COM(2005)0087 — C6-0082/2005 — 2005/0020(COD)) — JURI Committee
  Rapporteur: Hans-Peter Mayer (A6-0387/2006). |
| --- | --- |

—

***I Report on the proposal for a regulation of the European Parliament and of the Council establishing a European Small Claims Procedure (COM(2005)0087 — C6-0082/2005 — 2005/0020(COD)) — JURI Committee

Rapporteur: Hans-Peter Mayer (A6-0387/2006).

| 1.2) | recommendations for second reading






  — | ***II Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council establishing a financing instrument for development cooperation (11944/2/2006 — C6-0357/2006 — 2004/0220(COD)) — DEVE Committee
  Rapporteur: Gay Mitchell (A6-0448/2006). |
| --- | --- | --- |

1.2)

recommendations for second reading

—

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

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

| — | ***II Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (14224/4/2006 — C6-0432/2006 — 2004/0270B(COD)) — ENVI Committee
  Rapporteur: Dagmar Roth-Behrendt (A6-0445/2006). |
| --- | --- |

—

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

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

| — | ***II Recommendation for second reading on the Council common position for adopting a decision of the European Parliament and of the Council on the the European Year of Intercultural Dialoque (2008) (14153/2/2006 — C6-0422/2006 — 2005/0203(COD)) — CULT Committee
  Rapporteur: Erna Hennicot-Schoepges (A6-0435/2006). |
| --- | --- |

—

***II Recommendation for second reading on the Council common position for adopting a decision of the European Parliament and of the Council on the the European Year of Intercultural Dialoque (2008) (14153/2/2006 — C6-0422/2006 — 2005/0203(COD)) — CULT Committee

Rapporteur: Erna Hennicot-Schoepges (A6-0435/2006).

| — | ***II Recommendation for second reading on the Council common position for adopting a recommendation of the European Parliament and of the Council on protection of minors and human dignity and the right of reply in relation to the competitiveness of the European audiovisual and online information services industry (09577/1/2006 — C6-0313/2006 — 2004/0117(COD)) — CULT Committee
  Rapporteur: Marielle De Sarnez (A6-0433/2006). |
| --- | --- |

—

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

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

| — | ***II Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council on driving licences (09010/1/2006 — C6-0312/2006 — 2003/0252(COD)) — TRAN Committee
  Rapporteur: Mathieu Grosch (A6-0414/2006). |
| --- | --- |

—

***II Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council on driving licences (09010/1/2006 — C6-0312/2006 — 2003/0252(COD)) — TRAN Committee

Rapporteur: Mathieu Grosch (A6-0414/2006).

| — | ***II Recommendation for second reading on the Council common position for adopting a decision of the European Parliament and of the Council establishing a programme of Community action in the field of consumer policy (2007-2013) (13241/1/2006 — C6-0420/2006 — 2005/0042B(COD)) — IMCO Committee
  Rapporteur: Marianne Thyssen (A6-0408/2006). |
| --- | --- |

—

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

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

| — | ***II Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council on the submission of statistical data on landings of fishery products in Member States and repealing Council Regulation (EEC) No 1382/91 (14283/1/2006 — C6-0421/2006 — 2005/0223(COD)) — PECH Committee
  Rapporteur: Philippe Morillon (A6-0400/2006). |
| --- | --- |

—

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

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

| 2) | from Members






  2.1) | oral questions for Question Time (Rule 109) (B6-0448/2006)






  — | Council
  Panayotopoulos-Cassiotou Marie, Medina Ortega Manuel, Moraes Claude, Ludford Sarah, Karim Sajjad, Budreikaitė Danutė, Doyle Avril, Corbett Richard, López-Istúriz White Antonio, Posselt Bernd, Belder Bastiaan, Beglitis Panagiotis, Hutchinson Alain, Evans Robert, Chmielewski Zdzisław Kazimierz, Goudin Hélène, Holm Jens, Rübig Paul, Papadimoulis Dimitrios, Carlshamre Maria, Mitchell Gay, Sonik Bogusław, Crowley Brian, Aylward Liam, Ó Neachtain Seán, Ryan Eoin, Clark Derek Roland, Leichtfried Jörg, Toussas Georgios, Pafilis Athanasios, Mastenbroek Edith, Manolakou Diamanto, Kauppi Piia-Noora, Kratsa-Tsagaropoulou Rodi, Casaca Paulo, Andrikienė Laima Liucija |
| --- | --- | --- | --- |

2)

from Members

2.1)

oral questions for Question Time (Rule 109) (B6-0448/2006)

—

Council

Panayotopoulos-Cassiotou Marie, Medina Ortega Manuel, Moraes Claude, Ludford Sarah, Karim Sajjad, Budreikaitė Danutė, Doyle Avril, Corbett Richard, López-Istúriz White Antonio, Posselt Bernd, Belder Bastiaan, Beglitis Panagiotis, Hutchinson Alain, Evans Robert, Chmielewski Zdzisław Kazimierz, Goudin Hélène, Holm Jens, Rübig Paul, Papadimoulis Dimitrios, Carlshamre Maria, Mitchell Gay, Sonik Bogusław, Crowley Brian, Aylward Liam, Ó Neachtain Seán, Ryan Eoin, Clark Derek Roland, Leichtfried Jörg, Toussas Georgios, Pafilis Athanasios, Mastenbroek Edith, Manolakou Diamanto, Kauppi Piia-Noora, Kratsa-Tsagaropoulou Rodi, Casaca Paulo, Andrikienė Laima Liucija

| — | Commission
  Davies Chris, Crowley Brian, Riera Madurell Teresa, Manolakou Diamanto, Kratsa-Tsagaropoulou Rodi, Andrikienė Laima Liucija, van Nistelrooij Lambert, Posselt Bernd, Bushill-Matthews Philip, Papadimoulis Dimitrios, De Rossa Proinsias, Lundgren Nils, Toussas Georgios, Cercas Alejandro, Tarabella Marc, Ludford Sarah, Karim Sajjad, Beglitis Panagiotis, Kuźmiuk Zbigniew Krzysztof, Goudin Hélène, Mitchell Gay, Paleckis Justas Vincas, McAvan Linda, Aylward Liam, Ebner Michl, Doyle Avril, Belet Ivo, Bowis John, Panayotopoulos-Cassiotou Marie, Gklavakis Ioannis, Medina Ortega Manuel, Moraes Claude, Bowles Sharon, Mavrommatis Manolis, Meyer Pleite Willy, Batzeli Katerina, Van Hecke Johan, McGuinness Mairead, López-Istúriz White Antonio, Karatzaferis Georgios, Hutchinson Alain, Evans Robert, Holm Jens, Rübig Paul, Vanhecke Frank, Carlshamre Maria, Higgins Jim, Vaidere Inese, Montoro Romero Cristobal, Ó Neachtain Seán, Ryan Eoin, Martin David, De Sarnez Marielle, Newton Dunn Bill, Schmidt Olle, Carnero González Carlos, Weber Manfred, Matsis Yiannakis, Casaca Paulo, Pafilis Athanasios, Gaľa Milan, Kauppi Piia-Noora, Rack Reinhard |
| --- | --- |

—

Commission

Davies Chris, Crowley Brian, Riera Madurell Teresa, Manolakou Diamanto, Kratsa-Tsagaropoulou Rodi, Andrikienė Laima Liucija, van Nistelrooij Lambert, Posselt Bernd, Bushill-Matthews Philip, Papadimoulis Dimitrios, De Rossa Proinsias, Lundgren Nils, Toussas Georgios, Cercas Alejandro, Tarabella Marc, Ludford Sarah, Karim Sajjad, Beglitis Panagiotis, Kuźmiuk Zbigniew Krzysztof, Goudin Hélène, Mitchell Gay, Paleckis Justas Vincas, McAvan Linda, Aylward Liam, Ebner Michl, Doyle Avril, Belet Ivo, Bowis John, Panayotopoulos-Cassiotou Marie, Gklavakis Ioannis, Medina Ortega Manuel, Moraes Claude, Bowles Sharon, Mavrommatis Manolis, Meyer Pleite Willy, Batzeli Katerina, Van Hecke Johan, McGuinness Mairead, López-Istúriz White Antonio, Karatzaferis Georgios, Hutchinson Alain, Evans Robert, Holm Jens, Rübig Paul, Vanhecke Frank, Carlshamre Maria, Higgins Jim, Vaidere Inese, Montoro Romero Cristobal, Ó Neachtain Seán, Ryan Eoin, Martin David, De Sarnez Marielle, Newton Dunn Bill, Schmidt Olle, Carnero González Carlos, Weber Manfred, Matsis Yiannakis, Casaca Paulo, Pafilis Athanasios, Gaľa Milan, Kauppi Piia-Noora, Rack Reinhard

| 2.2) | motions for resolutions (Rule 113)






  — | Cristiana Muscardini. Motion for a resolution on promoting the sale of Christmas trees with certificates of origin from authorised nurseries and the FSC — Forest Stewardship Council — trademark (B6-0629/2006)






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

2.2)

motions for resolutions (Rule 113)

—

Cristiana Muscardini. Motion for a resolution on promoting the sale of Christmas trees with certificates of origin from authorised nurseries and the FSC — Forest Stewardship Council — trademark (B6-0629/2006)

referred to

responsible

:

ENVI

opinion

:

AGRI

| — | Adriana Poli Bortone. Motion for a resolution on restrictions on the sale of toy weapons (B6-0627/2006)






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

—

Adriana Poli Bortone. Motion for a resolution on restrictions on the sale of toy weapons (B6-0627/2006)

referred to

responsible

:

IMCO

opinion

:

CULT, LIBE

| — | Cristiana Muscardini. Motion for a resolution on the prohibition of polygamy in Europe (B6-0626/2006)






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

—

Cristiana Muscardini. Motion for a resolution on the prohibition of polygamy in Europe (B6-0626/2006)

referred to

responsible

:

FEMM

opinion

:

LIBE

| 3) | from Parliament's Delegation to the Conciliation Committee






  — | ***III Report on the joint text approved by the Conciliation Committee for a directive of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration (03658/2006 — C6-0382/2006 — 2003/0210(COD)) — European Parliament Delegation to the Conciliation Committee
  Rapporteur: Christa Klaß (A6-0446/2006). |
| --- | --- | --- |

3)

from Parliament's Delegation to the Conciliation Committee

—

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

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

7.   Written declarations (Rule 116)

(Rule 116)

In accordance with Rule 116(5), written declarations 55, 56, 57, 58, 59, 60, 62, 63/2006 lapsed as they had not obtained the required number of signatures.

8.   Written declarations and oral questions (tabling)

(tabling)

The following documents had been received from Members:

| 1) | oral questions (Rule 108)






  — | (O-0120/2006) Pervenche Berès, Wolf Klinz, Enrique Barón Crespo, Monica Frassoni, Magda Kósáné Kovács, Louis Grech, Adeline Hazan, Alain Lipietz, Antolín Sánchez Presedo, Benoît Hamon, Rosa Miguélez Ramos, Bernard Poignant, Donata Gottardi, Catherine Trautmann, Gianni Pittella, Henri Weber, Inés Ayala Sender, Jean Louis Cottigny, Jean-Luc Bennahmias, Marc Tarabella, Jean-Paul Gauzès, Kader Arif, Marie-Arlette Carlotti, Martine Roure, Nicola Zingaretti, Yannick Vaugrenard, Harlem Désir, Gilles Savary, Guy Bono, Janelly Fourtou, Rosa Díez González, Michel Rocard, Marie-Line Reynaud, Bernadette Vergnaud, Béatrice Patrie, Catherine Guy-Quint, Pierre Moscovici, Jean-Claude Fruteau and Csaba Sándor Tabajdi, to the Commission: Implications of signing the Hague Securities Convention (B6-0447/2006) |
| --- | --- | --- |

1)

oral questions (Rule 108)

—

(O-0120/2006) Pervenche Berès, Wolf Klinz, Enrique Barón Crespo, Monica Frassoni, Magda Kósáné Kovács, Louis Grech, Adeline Hazan, Alain Lipietz, Antolín Sánchez Presedo, Benoît Hamon, Rosa Miguélez Ramos, Bernard Poignant, Donata Gottardi, Catherine Trautmann, Gianni Pittella, Henri Weber, Inés Ayala Sender, Jean Louis Cottigny, Jean-Luc Bennahmias, Marc Tarabella, Jean-Paul Gauzès, Kader Arif, Marie-Arlette Carlotti, Martine Roure, Nicola Zingaretti, Yannick Vaugrenard, Harlem Désir, Gilles Savary, Guy Bono, Janelly Fourtou, Rosa Díez González, Michel Rocard, Marie-Line Reynaud, Bernadette Vergnaud, Béatrice Patrie, Catherine Guy-Quint, Pierre Moscovici, Jean-Claude Fruteau and Csaba Sándor Tabajdi, to the Commission: Implications of signing the Hague Securities Convention (B6-0447/2006)

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






  — | Daniel Strož, on the need for the so-called new EU Member States to be brought as quickly as possible into the Schengen Information System (SIS I for all) (88/2006) |
| --- | --- | --- |

2)

written declarations for entry in the Register (Rule 116)

—

Daniel Strož, on the need for the so-called new EU Member States to be brought as quickly as possible into the Schengen Information System (SIS I for all) (88/2006)

| — | Ignasi Guardans Cambó, Panayiotis Demetriou, Ana Maria Gomes, Gérard Onesta and Sylvia-Yvonne Kaufmann, on the refusal by the American authorities to grant visas to the families of detainees (89/2006) |
| --- | --- |

—

Ignasi Guardans Cambó, Panayiotis Demetriou, Ana Maria Gomes, Gérard Onesta and Sylvia-Yvonne Kaufmann, on the refusal by the American authorities to grant visas to the families of detainees (89/2006)

| — | Caroline Lucas, Michl Ebner, Luigi Cocilovo and Jean Lambert, on human rights abuses and the national status of West Papua (90/2006) |
| --- | --- |

—

Caroline Lucas, Michl Ebner, Luigi Cocilovo and Jean Lambert, on human rights abuses and the national status of West Papua (90/2006)

| — | Daniel Strož, on the risk that authoritarian and undemocratic methods may be introduced into the Czech Republic's politics (91/2006) |
| --- | --- |

—

Daniel Strož, on the risk that authoritarian and undemocratic methods may be introduced into the Czech Republic's politics (91/2006)

9.   Petitions

The following petitions, which had been entered in the register on the dates shown below, had been forwarded to the committee responsible pursuant to Rule 191(5):

22.11.2006

| | Edith Keßler-Ghattas (No 715/2006) |
| --- | --- |

Edith Keßler-Ghattas (No 715/2006)

| | Rolf Jürgens (No 716/2006) |
| --- | --- |

Rolf Jürgens (No 716/2006)

| | Hansjürgen Pingel (Steinmann, Pingel & Partner) (No 717/2006) |
| --- | --- |

Hansjürgen Pingel (Steinmann, Pingel & Partner) (No 717/2006)

| | Name confidential (No 718/2006) |
| --- | --- |

Name confidential (No 718/2006)

| | Julia Ovchinski (Dr. Gorev, Engelmann und Kollegen) (No 719/2006) |
| --- | --- |

Julia Ovchinski (Dr. Gorev, Engelmann und Kollegen) (No 719/2006)

| | Argirios Tsorakis (No 720/2006) |
| --- | --- |

Argirios Tsorakis (No 720/2006)

| | Janko Sribar (No 721/2006) |
| --- | --- |

Janko Sribar (No 721/2006)

| | Anja Neumann (No 722/2006) |
| --- | --- |

Anja Neumann (No 722/2006)

| | Anke Dorothea Junghänel (Kanzlei für Internationale Rechtsangelegenheiten und Mediation) (No 723/2006) |
| --- | --- |

Anke Dorothea Junghänel (Kanzlei für Internationale Rechtsangelegenheiten und Mediation) (No 723/2006)

| | Giorgio Bortini (No 724/2006) |
| --- | --- |

Giorgio Bortini (No 724/2006)

| | Carlton Panton (No 725/2006) |
| --- | --- |

Carlton Panton (No 725/2006)

| | Joseph Komla (No 726/2006) |
| --- | --- |

Joseph Komla (No 726/2006)

| | Istvan Farkas (National Society of Conservationists) (No 727/2006) |
| --- | --- |

Istvan Farkas (National Society of Conservationists) (No 727/2006)

| | Nicolas Antonio Moya Garcia (No 728/2006) |
| --- | --- |

Nicolas Antonio Moya Garcia (No 728/2006)

| | Sofia Patino Fontan (No 729/2006) |
| --- | --- |

Sofia Patino Fontan (No 729/2006)

| | Matthew Horrobin (No 730/2006) |
| --- | --- |

Matthew Horrobin (No 730/2006)

| | Candido Gomes (No 731/2006) |
| --- | --- |

Candido Gomes (No 731/2006)

| | Steve Tinmurth (No 732/2006) |
| --- | --- |

Steve Tinmurth (No 732/2006)

| | James McGinley (No 733/2006) |
| --- | --- |

James McGinley (No 733/2006)

| | Antony Wheatley (No 734/2006) |
| --- | --- |

Antony Wheatley (No 734/2006)

| | Yves Chanel (No 736/2006) |
| --- | --- |

Yves Chanel (No 736/2006)

| | Virginia Vessa (No 737/2006) |
| --- | --- |

Virginia Vessa (No 737/2006)

| | Vanessa Doddi (No 738/2006) |
| --- | --- |

Vanessa Doddi (No 738/2006)

| | Alexander Van Brabant (Vandervennet, Valcke & Van Brabant) (No 739/2006) |
| --- | --- |

Alexander Van Brabant (Vandervennet, Valcke & Van Brabant) (No 739/2006)

| | Ronald Bracke (No 740/2006) |
| --- | --- |

Ronald Bracke (No 740/2006)

| | Maria Elisabeth Glastra Van Loon (No 741/2006) |
| --- | --- |

Maria Elisabeth Glastra Van Loon (No 741/2006)

| | Eduardo Jaime Ribeiro (No 742/2006) |
| --- | --- |

Eduardo Jaime Ribeiro (No 742/2006)

| | Axel Hansson (No 743/2006) |
| --- | --- |

Axel Hansson (No 743/2006)

| | Robert Krzak (Zieloni 2004, Koło Poznańskie) (No 744/2006) |
| --- | --- |

Robert Krzak (Zieloni 2004, Koło Poznańskie) (No 744/2006)

| | Marta Brzozowska (Polskie Towarzystwo Ochrony Ptaków) (No 745/2006) |
| --- | --- |

Marta Brzozowska (Polskie Towarzystwo Ochrony Ptaków) (No 745/2006)

| | Manfred Wilpert (No 746/2006) |
| --- | --- |

Manfred Wilpert (No 746/2006)

| | Ernst Reichert (No 747/2006) |
| --- | --- |

Ernst Reichert (No 747/2006)

| | Siegfried Schwan (No 748/2006) |
| --- | --- |

Siegfried Schwan (No 748/2006)

| | Günter Fröhlich (No 749/2006) |
| --- | --- |

Günter Fröhlich (No 749/2006)

| | Rudak (Dr. Gorev, Engelmann und Kollegen) (No 750/2006) |
| --- | --- |

Rudak (Dr. Gorev, Engelmann und Kollegen) (No 750/2006)

| | Börner (Dr. Gorev, Engelmann und Kollegen) (No 751/2006) |
| --- | --- |

Börner (Dr. Gorev, Engelmann und Kollegen) (No 751/2006)

| | Tomas Eckhardt (No 752/2006) |
| --- | --- |

Tomas Eckhardt (No 752/2006)

| | Giorgio Bortini (No 753/2006) |
| --- | --- |

Giorgio Bortini (No 753/2006)

| | Bruno Köhler (MANNdat e.V.) (No 754/2006) |
| --- | --- |

Bruno Köhler (MANNdat e.V.) (No 754/2006)

| | Nasik Bedjanian (No 755/2006) |
| --- | --- |

Nasik Bedjanian (No 755/2006)

| | Raimondo Righi (No 756/2006) |
| --- | --- |

Raimondo Righi (No 756/2006)

| | André Felsch (No 757/2006) |
| --- | --- |

André Felsch (No 757/2006)

| | Manuela Álvarez González (Asociación asturiana contra el acoso psicológico en el trabajo) (+ 2 signatures) (No 758/2006) |
| --- | --- |

Manuela Álvarez González (Asociación asturiana contra el acoso psicológico en el trabajo) (+ 2 signatures) (No 758/2006)

| | Dennis Davis (No 759/2006) |
| --- | --- |

Dennis Davis (No 759/2006)

| | Rosa Maria Hennecke-Gramatzki (No 760/2006) |
| --- | --- |

Rosa Maria Hennecke-Gramatzki (No 760/2006)

| | Juan Pundik Knapheis (Filium — Asociación para la Prevención del Maltrato al Niño) (No 761/2006) |
| --- | --- |

Juan Pundik Knapheis (Filium — Asociación para la Prevención del Maltrato al Niño) (No 761/2006)

| | Manuel Guazo Calderón (Ecologistas en acción Cantabria) (No 762/2006) |
| --- | --- |

Manuel Guazo Calderón (Ecologistas en acción Cantabria) (No 762/2006)

| | Ana Maria Gallego Barros (No 763/2006) |
| --- | --- |

Ana Maria Gallego Barros (No 763/2006)

| | Philippe Riglet (No 764/2006) |
| --- | --- |

Philippe Riglet (No 764/2006)

| | Marie Josephe Folliet Desages (No 765/2006) |
| --- | --- |

Marie Josephe Folliet Desages (No 765/2006)

| | Atanas Tchobanov (No 766/2006) |
| --- | --- |

Atanas Tchobanov (No 766/2006)

| | Lorenzino Antonini (No 767/2006) |
| --- | --- |

Lorenzino Antonini (No 767/2006)

| | Maria Elisa Horta e Valle (No 768/2006) |
| --- | --- |

Maria Elisa Horta e Valle (No 768/2006)

| | Maia (No 769/2006) |
| --- | --- |

Maia (No 769/2006)

| | José Domingos Sousa (No 770/2006) |
| --- | --- |

José Domingos Sousa (No 770/2006)

| | Carlos Correia de Matos (No 771/2006) |
| --- | --- |

Carlos Correia de Matos (No 771/2006)

| | Özcan Kaldoyo (No 772/2006) |
| --- | --- |

Özcan Kaldoyo (No 772/2006)

08.12.2006

| | Rafael Simancas Simancas (Grupo Parlamentario Socialista) (+ 5 signatures) (No 773/2006) |
| --- | --- |

Rafael Simancas Simancas (Grupo Parlamentario Socialista) (+ 5 signatures) (No 773/2006)

| | Margit Parey (+ 1 signature) (No 774/2006) |
| --- | --- |

Margit Parey (+ 1 signature) (No 774/2006)

| | Chris Papoudaris (No 775/2006) |
| --- | --- |

Chris Papoudaris (No 775/2006)

| | Chris Papoudaris (No 776/2006) |
| --- | --- |

Chris Papoudaris (No 776/2006)

| | Chris Papoudaris (No 777/2006) |
| --- | --- |

Chris Papoudaris (No 777/2006)

| | Shimon Philipp (No 778/2006) |
| --- | --- |

Shimon Philipp (No 778/2006)

| | Rudolf Weβbecher (No 779/2006) |
| --- | --- |

Rudolf Weβbecher (No 779/2006)

| | Jürgen Meyer (No 780/2006) |
| --- | --- |

Jürgen Meyer (No 780/2006)

| | Marcus van der Lippe (No 781/2006) |
| --- | --- |

Marcus van der Lippe (No 781/2006)

| | Wolfgang Bötsch (Gassner, Stockmann & Kollegen RAE) (No 782/2006) |
| --- | --- |

Wolfgang Bötsch (Gassner, Stockmann & Kollegen RAE) (No 782/2006)

| | Wolfgang Depcik (No 783/2006) |
| --- | --- |

Wolfgang Depcik (No 783/2006)

| | Gergő Bárány (+ 1 signature) (No 784/2006) |
| --- | --- |

Gergő Bárány (+ 1 signature) (No 784/2006)

| | Florian Lempert (No 785/2006) |
| --- | --- |

Florian Lempert (No 785/2006)

| | Giorgio Bortini (No 786/2006) |
| --- | --- |

Giorgio Bortini (No 786/2006)

| | Monika Bud(No 787/2006) |
| --- | --- |

Monika Bud(No 787/2006)

| | Sophie Popp (No 788/2006) |
| --- | --- |

Sophie Popp (No 788/2006)

| | Ringelmann (Dr. Gorev — Engelmann und Kollegen) (No 789/2006) |
| --- | --- |

Ringelmann (Dr. Gorev — Engelmann und Kollegen) (No 789/2006)

| | J. Müller Warthemann (No 790/2006) |
| --- | --- |

J. Müller Warthemann (No 790/2006)

| | Alfred Buss (NABU) (No 791/2006) |
| --- | --- |

Alfred Buss (NABU) (No 791/2006)

| | Giannis Aivaliotis (No 792/2006) |
| --- | --- |

Giannis Aivaliotis (No 792/2006)

| | Nicolas Kasnakidis (Panhellenic Union of the Unemployed) (No 793/2006) |
| --- | --- |

Nicolas Kasnakidis (Panhellenic Union of the Unemployed) (No 793/2006)

| | Athanasios Zoboilis (No 794/2006) |
| --- | --- |

Athanasios Zoboilis (No 794/2006)

| | Pericles Kolioulis (No 795/2006) |
| --- | --- |

Pericles Kolioulis (No 795/2006)

| | Agisliaos Papachristou (No 796/2006) |
| --- | --- |

Agisliaos Papachristou (No 796/2006)

| | Paraskevas Luludakis (Comité des automobilistes européens victimes économiques des autorités grecques) (No 797/2006) |
| --- | --- |

Paraskevas Luludakis (Comité des automobilistes européens victimes économiques des autorités grecques) (No 797/2006)

| | Ron Sarel (No 798/2006) |
| --- | --- |

Ron Sarel (No 798/2006)

| | Antonio Graziano (La Stazione di Partenza) (No 799/2006) |
| --- | --- |

Antonio Graziano (La Stazione di Partenza) (No 799/2006)

| | Joaquin Martinez Gonzalez (Fundacion Docete Omnes) (No 800/2006) |
| --- | --- |

Joaquin Martinez Gonzalez (Fundacion Docete Omnes) (No 800/2006)

| | Tiago Pérez Glez-Arís (Foro Social pola Defensa do Pobo) (No 801/2006) |
| --- | --- |

Tiago Pérez Glez-Arís (Foro Social pola Defensa do Pobo) (No 801/2006)

| | Julio Rodríguez Cermeño (‘Vocal de Emigración’ Asociación de pensionistas y jubilados ‘La Dársena’) (No 802/2006) |
| --- | --- |

Julio Rodríguez Cermeño (‘Vocal de Emigración’ Asociación de pensionistas y jubilados ‘La Dársena’) (No 802/2006)

| | Julia Martinez Fernandez (Ecologistas en acción — región murciana) (No 803/2006) |
| --- | --- |

Julia Martinez Fernandez (Ecologistas en acción — región murciana) (No 803/2006)

| | Raúl Urquiaga Cela (Plataforma Jarama Vivo) (No 804/2006) |
| --- | --- |

Raúl Urquiaga Cela (Plataforma Jarama Vivo) (No 804/2006)

| | Ana Rosa Montilla Díaz (+ 7 signatures) (No 805/2006) |
| --- | --- |

Ana Rosa Montilla Díaz (+ 7 signatures) (No 805/2006)

| | Moraia Grau Lopez (No 806/2006) |
| --- | --- |

Moraia Grau Lopez (No 806/2006)

| | Maria Dolores Serrano Fuentes (No 807/2006) |
| --- | --- |

Maria Dolores Serrano Fuentes (No 807/2006)

| | Pedro Domínguez Gento (No 808/2006) |
| --- | --- |

Pedro Domínguez Gento (No 808/2006)

| | Emile Carp (La Maison Protestante) (+ 87 signatures) (No 809/2006) |
| --- | --- |

Emile Carp (La Maison Protestante) (+ 87 signatures) (No 809/2006)

| | Brigitte Elise Ghislaine Vehauwaert (No 810/2006) |
| --- | --- |

Brigitte Elise Ghislaine Vehauwaert (No 810/2006)

| | Name confidential (No 811/2006) |
| --- | --- |

Name confidential (No 811/2006)

| | Francesco Candido (Comitato No Acqua Rossa — Melendugno) (No 812/2006) |
| --- | --- |

Francesco Candido (Comitato No Acqua Rossa — Melendugno) (No 812/2006)

| | Pasquale De Feo (No 813/2006) |
| --- | --- |

Pasquale De Feo (No 813/2006)

| | Roberto Marcoccio (No 814/2006) |
| --- | --- |

Roberto Marcoccio (No 814/2006)

| | Marco da Prato (No 815/2006) |
| --- | --- |

Marco da Prato (No 815/2006)

| | Claudio Pacileo (+ 6 signatures) (No 816/2006) |
| --- | --- |

Claudio Pacileo (+ 6 signatures) (No 816/2006)

| | Maurizio Tani (No 817/2006) |
| --- | --- |

Maurizio Tani (No 817/2006)

| | Serge Jung (Ensemble pour Cap-d'Ail) (No 818/2006) |
| --- | --- |

Serge Jung (Ensemble pour Cap-d'Ail) (No 818/2006)

| | Thomas Elfgren (No 819/2006) |
| --- | --- |

Thomas Elfgren (No 819/2006)

| | Heinz Schneider (No 820/2006) |
| --- | --- |

Heinz Schneider (No 820/2006)

| | Michelangelo La Spina (No 821/2006) |
| --- | --- |

Michelangelo La Spina (No 821/2006)

| | Angels Casas (No 822/2006) |
| --- | --- |

Angels Casas (No 822/2006)

| | Philippe Lambert (No 823/2006) |
| --- | --- |

Philippe Lambert (No 823/2006)

| | Name confidential (No 824/2006) |
| --- | --- |

Name confidential (No 824/2006)

| | Thomas Long (No 825/2006) |
| --- | --- |

Thomas Long (No 825/2006)

| | Philip Munro (No 826/2006) |
| --- | --- |

Philip Munro (No 826/2006)

| | Zdeněk Mášek (No 827/2006) |
| --- | --- |

Zdeněk Mášek (No 827/2006)

| | Niall Gilligan (No 828/2006) |
| --- | --- |

Niall Gilligan (No 828/2006)

| | Emmanuel Miliarakis (Coordinating Committee in Support for a Liberated Cyprus) (+ 2 764 signatures) (No 829/2006) |
| --- | --- |

Emmanuel Miliarakis (Coordinating Committee in Support for a Liberated Cyprus) (+ 2 764 signatures) (No 829/2006)

| | Tobias King (No 830/2006) |
| --- | --- |

Tobias King (No 830/2006)

| | Tracey McCillen (UK Sport Association For People with Learning Disability) (No 831/2006) |
| --- | --- |

Tracey McCillen (UK Sport Association For People with Learning Disability) (No 831/2006)

| | John Robert Gransby (No 832/2006) |
| --- | --- |

John Robert Gransby (No 832/2006)

| | Sofia Partino Fontan (No 833/2006) |
| --- | --- |

Sofia Partino Fontan (No 833/2006)

| | Family Solidarity (+ 13 signatures) (No 834/2006) |
| --- | --- |

Family Solidarity (+ 13 signatures) (No 834/2006)

| | Peter Williams (No 835/2006) |
| --- | --- |

Peter Williams (No 835/2006)

| | Whiting van der Veen (No 836/2006) |
| --- | --- |

Whiting van der Veen (No 836/2006)

| | Gabriel Sengo (Arameans of Aram-Naharaim Foundation) (No 837/2006) |
| --- | --- |

Gabriel Sengo (Arameans of Aram-Naharaim Foundation) (No 837/2006)

| | Massimo Paradella (Organisation Internationale pour la Protection des Animaux) (+ 7 225 signatures) (No 838/2006) |
| --- | --- |

Massimo Paradella (Organisation Internationale pour la Protection des Animaux) (+ 7 225 signatures) (No 838/2006)

| | Scott Barrie (The Scottish Parliament) (+ 4 signatures) (No 839/2006) |
| --- | --- |

Scott Barrie (The Scottish Parliament) (+ 4 signatures) (No 839/2006)

| | Raimond Ojaste (No 840/2006) |
| --- | --- |

Raimond Ojaste (No 840/2006)

| | Attila Ádám (Magyar Polgári Demokráciáért Alapítvány) (No 841/2006) |
| --- | --- |

Attila Ádám (Magyar Polgári Demokráciáért Alapítvány) (No 841/2006)

| | Gints Kārkliņš (No 842/2006) |
| --- | --- |

Gints Kārkliņš (No 842/2006)

| | Adam Krutysza (No 843/2006) |
| --- | --- |

Adam Krutysza (No 843/2006)

| | Stanisław Rajczakowski (No 844/2006) |
| --- | --- |

Stanisław Rajczakowski (No 844/2006)

| | Krystyna Kaczor (No 845/2006) |
| --- | --- |

Krystyna Kaczor (No 845/2006)

| | Tomasz Grzybkowski (No 846/2006) |
| --- | --- |

Tomasz Grzybkowski (No 846/2006)

| | Janusz Wilczyński (No 847/2006) |
| --- | --- |

Janusz Wilczyński (No 847/2006)

| | Mirosław Kraszewski (No 848/2006) |
| --- | --- |

Mirosław Kraszewski (No 848/2006)

| | Brygida and Tadeusz Pokrzeptowicz (+ 4 signatures) (No 849/2006) |
| --- | --- |

Brygida and Tadeusz Pokrzeptowicz (+ 4 signatures) (No 849/2006)

| | TAO AFI + A & D (European Commission Staff Association) (+ 1 000 signatures) (No 850/2006) |
| --- | --- |

TAO AFI + A & D (European Commission Staff Association) (+ 1 000 signatures) (No 850/2006)

| | Marie-Jöelle Chaillol (No 851/2006) |
| --- | --- |

Marie-Jöelle Chaillol (No 851/2006)

| | August Eßer (No 852/2006) |
| --- | --- |

August Eßer (No 852/2006)

| | Renata Cempura Klimek (No 853/2006) |
| --- | --- |

Renata Cempura Klimek (No 853/2006)

| | Hans-Eike Weitz (No 854/2006) |
| --- | --- |

Hans-Eike Weitz (No 854/2006)

| | Heribert Süttmann (No 855/2006) |
| --- | --- |

Heribert Süttmann (No 855/2006)

| | Ellen Wilmes (No 856/2006) |
| --- | --- |

Ellen Wilmes (No 856/2006)

| | Francisco Murcia Puchades (Federacion de promotores inmobiliarios y agentes urbanizadores de la comunidad Valenciana) (No 857/2006) |
| --- | --- |

Francisco Murcia Puchades (Federacion de promotores inmobiliarios y agentes urbanizadores de la comunidad Valenciana) (No 857/2006)

| | Andres Martinez Espinosa (Junta Central de Usuarios del Vinalopó, l'Alacantí y Consorcio de Aguas de la Marina Baja) (No 858/2006) |
| --- | --- |

Andres Martinez Espinosa (Junta Central de Usuarios del Vinalopó, l'Alacantí y Consorcio de Aguas de la Marina Baja) (No 858/2006)

| | Gema Amor Pérez (Generalitat Valenciana) (No 859/2006) |
| --- | --- |

Gema Amor Pérez (Generalitat Valenciana) (No 859/2006)

| | Matteo Cornelius Sullivan (Partito della Alternativa Monarchica) (+ 3 signatures) (No 860/2006) |
| --- | --- |

Matteo Cornelius Sullivan (Partito della Alternativa Monarchica) (+ 3 signatures) (No 860/2006)

| | Jose Vitorino (No 861/2006) |
| --- | --- |

Jose Vitorino (No 861/2006)

10.   Texts of agreements forwarded by the Council

The Council had forwarded a certified true copy of the following:

| — | Protocol amending the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, on tariff quotas for sugar and sugar products originating in Croatia or in the Community |
| --- | --- |

—

Protocol amending the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Croatia, of the other part, on tariff quotas for sugar and sugar products originating in Croatia or in the Community

11.   Decisions concerning certain documents

Decision to draw up a report under Rule 202

AFCO Committee

| — | Proposal for amendment of Parliament's rules of procedure — Amendment of Rules 15 and 182(1): election of Quaestors and committee bureaux (2006/2287(REG)) |
| --- | --- |

—

Proposal for amendment of Parliament's rules of procedure — Amendment of Rules 15 and 182(1): election of Quaestors and committee bureaux (2006/2287(REG))

12.   Order of business

The next item was the order of business.

The final draft agenda for the sittings of 11 to 14.12.2006 and 18.12.2006 (PE 381.846 PDOJ) had been distributed. The following changes had been proposed under Rule 132:

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

Ten proposals for decisions concerning funding for the area of freedom, security and justice (Items 93 and 112-120 on the final draft agenda).

(Items 93 and 112-120 on the final draft agenda)

The Council took the view that it was vital for Parliament to give its agreement before the end of the year so that the funding required could be provided. Otherwise, the implementation of the programmes could only begin on 1 January 2007, which would have a very negative impact on the development of the area of freedom, security and justice.

Parliament would take a decision on the request for urgent procedure at the beginning of the following day's sitting.

Sittings of 11.12.2006 to 14.12.2006

Sittings of 11.12.2006 to 14.12.2006

Monday

Monday

| — | request from the Verts/ALE Group to make the debate on the report by Friedrich-Wilhelm Graefe zu Baringdorf (A6-0411/2006) (Item 9 on the final draft agenda) the last item on the agenda. |
| --- | --- |

—

request from the Verts/ALE Group to make the debate on the report by Friedrich-Wilhelm Graefe zu Baringdorf (A6-0411/2006) (Item 9 on the final draft agenda) the last item on the agenda.

(Item 9 on the final draft agenda)

Parliament approved the request.

Tuesday

Tuesday

| — | request from the PSE Group, backed by the PPE-DE and ALDE Groups, for the report by Erna Hennicot-Schoepges (A6-0435/2006) to be put to the vote without debate. |
| --- | --- |

—

request from the PSE Group, backed by the PPE-DE and ALDE Groups, for the report by Erna Hennicot-Schoepges (A6-0435/2006) to be put to the vote without debate.

Parliament approved the request.

The item would be taken during voting time on Wednesday.

The following spoke: Philip Bushill-Matthews, who pointed out a discrepancy between the English and French versions of the final draft agenda as regards the scheduling of Commission Question Time (the President replied that the French version was correct), and Bernd Posselt, on Question Time being cut short.

Wednesday

Wednesday

| — | request from the ALDE Group, backed by the PPE-DE, PSE, Verts/ALE and UEN Groups, to include in voting time a motion for a resolution on the draft implementing arrangements for Council Directive 85/611/EEC of 20 December 1985, on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS). |
| --- | --- |

—

request from the ALDE Group, backed by the PPE-DE, PSE, Verts/ALE and UEN Groups, to include in voting time a motion for a resolution on the draft implementing arrangements for Council Directive 85/611/EEC of 20 December 1985, on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS).

Parliament approved the request.

Deadline for tabling amendments: Tuesday, 12.12.2006, noon.

Thursday

Thursday

Debate on cases of breaches of human rights, democracy and the rule of law (Rule 115)

| — | request from the PPE-DE Group to replace the item entitled ‘Release of the medical staff imprisoned in Libya’(Item 106 on the final draft agenda) with an item entitled ‘Myanmar (Burma)’. |
| --- | --- |

—

request from the PPE-DE Group to replace the item entitled ‘Release of the medical staff imprisoned in Libya’(Item 106 on the final draft agenda) with an item entitled ‘Myanmar (Burma)’.

(Item 106 on the final draft agenda)

The following spoke on the request: Hannes Swoboda, on behalf of the PSE Group, Simon Busuttil, who moved the request, and Hannes Swoboda.

Parliament approved the request.

Sitting of 18.12.2006

Sitting of 18.12.2006

| — | no changes |
| --- | --- |

—

no changes

*

- *

The order of business was thus established.

13.   One-minute speeches on matters of political importance

Pursuant to Rule 144, the following Members who wished to draw the attention of Parliament to matters of political importance spoke for one minute:

Zita Pleštinská, Kyriacos Triantaphyllides, Bruno Gollnisch, Marianne Mikko, Georgios Papastamkos, Rodi Kratsa-Tsagaropoulou, Proinsias De Rossa, James Nicholson, Brian Crowley, Jan Tadeusz Masiel, Caroline Lucas, Mary Lou McDonald, Józef Pinior, Richard Corbett, Bernadette Bourzai, Avril Doyle, Luís Queiró, Chris Davies, Ioannis Gklavakis, Carlos José Iturgaiz Angulo, Milan Gaľa, Lidia Joanna Geringer de Oedenberg, Georgios Karatzaferis, Andrzej Jan Szejna, Witold Tomczak, Jörg Leichtfried, Ryszard Czarnecki, Marios Matsakis, Gerard Batten, Marie Panayotopoulos-Cassiotou, Françoise Castex, Danutė Budreikaitė, Mairead McGuinness, Margarita Starkevičiūtė, Zbigniew Zaleski and Czesław Adam Siekierski.

14.   European Chemicals Agency ***II — Amendment of Directive 67/548/EEC on dangerous substances (REACH) ***II (debate)

(debate)

Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC of the European Parliament and of the Council and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC [07524/8/2006 — C6-0267/2006 — 2003/0256(COD)] — Committee on the Environment, Public Health and Food Safety

Rapporteur: Guido Sacconi (A6-0352/2006).

Recommendation for second reading on the Council common position for adopting a directive of the European Parliament and of the Council amending Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances in order to adapt it to Regulation (EC) No .../2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency [07525/3/2006 — C6-0268/2006 — 2003/0257(COD)] — Committee on the Environment, Public Health and Food Safety

Rapporteur: Guido Sacconi (A6-0345/2006).

Guido Sacconi introduced the recommendations for second reading.

The following spoke: Mauri Pekkarinen (President-in-Office of the Council), Günter Verheugen (Vice-President of the Commission) and Stavros Dimas (Member of the Commission).

The following spoke: Ria Oomen-Ruijten, on behalf of the PPE-DE Group, Dagmar Roth-Behrendt, on behalf of the PSE Group.

IN THE CHAIR: Miroslav OUZKÝ

Vice-President

The following spoke: Chris Davies, on behalf of the ALDE Group, Carl Schlyter, on behalf of the Verts/ALE Group, Francis Wurtz, on behalf of the GUE/NGL Group, Liam Aylward, on behalf of the UEN Group, Johannes Blokland, on behalf of the IND/DEM Group, Hartmut Nassauer, Riitta Myller, Lena Ek, Caroline Lucas, Jens Holm, Urszula Krupa, Karl-Heinz Florenz, Linda McAvan, Frédérique Ries, Hiltrud Breyer, Diamanto Manolakou, Jan Tadeusz Masiel, Hélène Goudin, John Bowis, Anne Ferreira, Anne Laperrouze, Satu Hassi, Dimitrios Papadimoulis, Konrad Szymański, Vladimír Železný, Marianne Thyssen, Dorette Corbey, Marie Anne Isler Béguin, Bairbre de Brún (who began her contribution in Irish. The President pointed out that no interpretation was provided from that language in plenary), Georgios Karatzaferis, Werner Langen, Gyula Hegyi, Miloslav Ransdorf, Godfrey Bloom, Bogusław Sonik, Åsa Westlund, Jens-Peter Bonde, Avril Doyle, Karin Scheele, Antonios Trakatellis, Adam Gierek, Richard Seeber, Marie-Noëlle Lienemann, Péter Olajos, Dan Jørgensen and Thomas Ulmer.

IN THE CHAIR: Manuel António dos SANTOS

Vice-President

The following spoke: Andres Tarand, Erna Hennicot-Schoepges, Proinsias De Rossa, Evangelia Tzampazi, Zuzana Roithová, Genowefa Grabowska, Libor Rouček, Edit Herczog, Guido Sacconi, Mauri Pekkarinen, Günter Verheugen and Stavros Dimas.

The debate closed.

Vote: Minutes of 13.12.2006, Item 8.1 and Minutes of 13.12.2006, Item 8.2.

Minutes of 13.12.2006, Item 8.1 and Minutes of 13.12.2006, Item 8.2

15.   Community Customs Code ***I — Customs 2013 programme ***I (debate)

(debate)

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

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

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

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

László Kovács (Member of the Commission) spoke.

Janelly Fourtou introduced the reports.

The following spoke: Jean-Pierre Audy (draftsman of the opinion of the INTA Committee), Andreas Schwab, on behalf of the PPE-DE Group, Manuel Medina Ortega, on behalf of the PSE Group, Henrik Lax, on behalf of the ALDE Group, Adam Bielan, on behalf of the UEN Group, Jean-Claude Martinez, Non-attached Member, Zita Pleštinská, Francisco Assis, Seán Ó Neachtain, Konstantinos Hatzidakis, Maria Matsouka, Zbigniew Krzysztof Kuźmiuk and László Kovács.

The debate closed.

Vote: Minutes of 12.12.2006, Item 14.15 and Minutes of 12.12.2006, Item 14.8.

Minutes of 12.12.2006, Item 14.15 and Minutes of 12.12.2006, Item 14.8

16.   Prevention of injury and promotion of safety * (debate)

(debate)

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

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

Markos Kyprianou (Member of the Commission) spoke.

Kathy Sinnott introduced the report.

The following spoke: Antonios Trakatellis, on behalf of the PPE-DE Group, Edite Estrela, on behalf of the PSE Group, Marios Matsakis, on behalf of the ALDE Group, Irena Belohorská, Non-attached Member, Horst Schnellhardt and Markos Kyprianou.

The debate closed.

Vote: Minutes of 12.12.2006, Item 14.19.

Minutes of 12.12.2006, Item 14.19

17.   Expenditure in the veterinary field * (debate)

(debate)

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

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

Markos Kyprianou (Member of the Commission) spoke.

Ilda Figueiredo introduced the report.

IN THE CHAIR: Janusz ONYSZKIEWICZ

Vice-President

The following spoke: Mairead McGuinness, on behalf of the PPE-DE Group, Heinz Kindermann, on behalf of the PSE Group, Agnes Schierhuber, Bogdan Golik and Markos Kyprianou.

The debate closed.

Vote: Minutes of 12.12.2006, Item 14.12.

Minutes of 12.12.2006, Item 14.12

18.   Banana sector * (debate)

(debate)

Report on the proposal for a Council regulation amending Regulations (EEC) No 404/93, (EC) No 1782/2003 and (EC) No 247/2006 as regards the banana sector [COM(2006)0489 — C6-0339/2006 — 2006/0173(CNS)] — Committee on Agriculture and Rural Development

Rapporteur: Jean-Claude Fruteau (A6-0422/2006).

Mariann Fischer Boel (Member of the Commission) spoke.

Jean-Claude Fruteau introduced the report.

The following spoke: Salvador Garriga Polledo (draftsman of the opinion of the BUDG Committee), Pedro Guerreiro (draftsman of the opinion of the REGI Committee), Carmen Fraga Estévez, on behalf of the PPE-DE Group, Manuel Medina Ortega, on behalf of the PSE Group, Witold Tomczak, on behalf of the IND/DEM Group, Emanuel Jardim Fernandes, Sérgio Marques, Czesław Adam Siekierski and Mariann Fischer Boel.

The debate closed.

Vote: Minutes of 13.12.2006, Item 8.12.

Minutes of 13.12.2006, Item 8.12

19.   Circulation of compound feedingstuffs ***I (debate)

(debate)

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

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

Markos Kyprianou (Member of the Commission) spoke.

The following spoke: Albert Jan Maat, on behalf of the PPE-DE Group, Heinz Kindermann, on behalf of the PSE Group, Jan Mulder, on behalf of the ALDE Group, Agnes Schierhuber, Marc Tarabella, Elisabeth Jeggle, Thijs Berman and Markos Kyprianou.

The debate closed.

Vote: Minutes of 12.12.2006, Item 14.16.

Minutes of 12.12.2006, Item 14.16

20.   Agenda for next sitting

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

21.   Closure of sitting

The sitting closed at 23.45.

Julian Priestley

Secretary-General

Dagmar Roth-Behrendt

Vice-President

---

ATTENDANCE REGISTER

The following signed:

Agnoletto, Aita, Allister, Andersson, Andrejevs, Andria, Angelilli, Arif, Arnaoutakis, Ashworth, Assis, Atkins, Attwooll, Aubert, Audy, Auken, Aylward, Ayuso, Bachelot-Narquin, Baco, Badia i Cutchet, Barón Crespo, Barsi-Pataky, Batten, Battilocchio, Batzeli, Bauer, Beaupuy, Beazley, Becsey, Beer, Beglitis, Belder, Belet, Belohorská, Beňová, Berend, Berès, van den Berg, Berger, Berlato, Berlinguer, Berman, Bielan, Blokland, Bloom, Bobošíková, Böge, Bösch, Bonde, Bono, Booth, Borrell Fontelles, Bourlanges, Bourzai, Bowis, Bozkurt, Bradbourn, Brejc, Brepoels, Breyer, Březina, Brie, Brok, Brunetta, Budreikaitė, van Buitenen, Buitenweg, Bullmann, van den Burg, Bushill-Matthews, Busk, Busuttil, Buzek, Callanan, Camre, Capoulas Santos, Cappato, Carlotti, Carnero González, Casa, Casaca, Casini, Caspary, Castex, Catania, Cavada, Cederschiöld, Cercas, Chichester, Chmielewski, Christensen, Chruszcz, Claeys, Clark, Cocilovo, Coelho, Cohn-Bendit, Corbett, Corbey, Cornillet, Correia, Costa, Cottigny, Coûteaux, Coveney, Crowley, Marek Aleksander Czarnecki, Ryszard Czarnecki, Daul, Davies, De Blasio, de Brún, Degutis, De Keyser, Demetriou, Deprez, De Rossa, De Sarnez, Descamps, Désir, Deß, Deva, De Veyrac, De Vits, Díaz de Mera García Consuegra, Dičkutė, Didžiokas, Dillen, Dimitrakopoulos, Dobolyi, Dombrovskis, Doorn, Douay, Dover, Doyle, Drčar Murko, Duchoň, Duff, Duka-Zólyomi, Ehler, Ek, Elles, Estrela, Ettl, Eurlings, Jill Evans, Jonathan Evans, Robert Evans, Fajmon, Farage, Ferber, Fernandes, Fernández Martín, Anne Ferreira, Elisa Ferreira, Figueiredo, Fjellner, Flasarová, Florenz, Foglietta, Foltyn-Kubicka, Fontaine, Fourtou, Fraga Estévez, Frassoni, Friedrich, Fruteau, Gahler, Gál, Gaľa, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gebhardt, Gentvilas, Geremek, Geringer de Oedenberg, Gewalt, Gierek, Giertych, Gill, Gklavakis, Glattfelder, Gobbo, Goebbels, Goepel, Golik, Gollnisch, Gomes, Gomolka, Gottardi, Goudin, Grabowska, Grabowski, Graça Moura, Gräßle, Grech, Griesbeck, Gröner, de Groen-Kouwenhoven, Groote, Grosch, Grossetête, Guellec, Guerreiro, Guidoni, Gutiérrez-Cortines, Guy-Quint, Gyürk, Hänsch, Hamon, Handzlik, Hannan, Harbour, Harms, Hassi, Hatzidakis, Haug, Hazan, Hedh, Hegyi, Helmer, Henin, Hennicot-Schoepges, Herczog, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Holm, Honeyball, Hoppenstedt, Horáček, Hudacký, Hudghton, Hughes, Hutchinson, Isler Béguin, Itälä, Iturgaiz Angulo, Jackson, Jäätteenmäki, Jałowiecki, Janowski, Járóka, Jeggle, Jensen, Joan i Marí, Jöns, Jørgensen, Jonckheer, Jordan Cizelj, Kaczmarek, Kallenbach, Kamall, Kamiński, Karatzaferis, Karim, Kasoulides, Kaufmann, Kauppi, Tunne Kelam, Kilroy-Silk, Kindermann, Kinnock, Kirkhope, Klamt, Klaß, Klich, Klinz, Kohlíček, Konrad, Korhola, Kósáné Kovács, Koterec, Kozlík, Krahmer, Krarup, Kratsa-Tsagaropoulou, Krehl, Kreissl-Dörfler, Kristovskis, Krupa, Kuhne, Kułakowski, Kušķis, Kusstatscher, Kuźmiuk, Lagendijk, Laignel, Lamassoure, Lambert, Lambrinidis, Lambsdorff, Landsbergis, Lang, Langen, Langendries, Laperrouze, La Russa, Lax, Lechner, Le Foll, Lehideux, Lehne, Lehtinen, Leichtfried, Leinen, Le Rachinel, Lévai, Liberadzki, Libicki, Lichtenberger, Lienemann, Liese, Liotard, Lipietz, Locatelli, Losco, Louis, Lucas, Ludford, Lulling, Lundgren, Lynne, Maat, Maaten, McAvan, McCarthy, McDonald, McGuinness, McMillan-Scott, Madeira, Maldeikis, Manders, Maňka, Erika Mann, Thomas Mann, Manolakou, Markov, Marques, Martens, David Martin, Hans-Peter Martin, Martinez, Martínez Martínez, Masiel, Maštálka, Mathieu, Mato Adrover, Matsakis, Matsouka, Mauro, Mavrommatis, Mayer, Mayor Oreja, Medina Ortega, Méndez de Vigo, Menéndez del Valle, Meyer Pleite, Miguélez Ramos, Mikko, Mikolášik, Millán Mon, Mitchell, Mölzer, Mohácsi, Montoro Romero, Moreno Sánchez, Morillon, Moscovici, Mote, Mulder, Musacchio, Muscardini, Muscat, Myller, Napoletano, Nassauer, Nattrass, Navarro, Newton Dunn, Nicholson, Niebler, Obiols i Germà, Achille Occhetto, Olajos, Olbrycht, Ó Neachtain, Onesta, Oomen-Ruijten, Ortuondo Larrea, Őry, Ouzký, Oviir, Paasilinna, Pack, Pahor, Paleckis, Panayotopoulos-Cassiotou, Panzeri, Papadimoulis, Papastamkos, Parish, Patriciello, Pęk, Alojz Peterle, Pflüger, Piecyk, Pieper, Pīks, Pinior, Piotrowski, Pirker, Piskorski, Pittella, Pleštinská, Podkański, Pöttering, Poignant, Pomés Ruiz, Portas, Posselt, Prets, Prodi, Protasiewicz, Purvis, Queiró, Rack, Radwan, Ransdorf, Rapkay, Rasmussen, Remek, Resetarits, Reul, Reynaud, Riera Madurell, Ries, Riis-Jørgensen, Rivera, Rizzo, Rogalski, Roithová, Romeva i Rueda, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Rudi Ubeda, Rübig, Rühle, Rutowicz, Ryan, Sacconi, Saïfi, Sakalas, Saks, Salinas García, Samaras, Samuelsen, Sánchez Presedo, dos Santos, Saryusz-Wolski, Savi, Sbarbati, Schaldemose, Schapira, Scheele, Schenardi, Schierhuber, Schlyter, Schnellhardt, Schöpflin, Schroedter, Schwab, Seeber, Seeberg, Segelström, Seppänen, Siekierski, Silva Peneda, Simpson, Sinnott, Siwiec, Skinner, Škottová, Smith, Sonik, Sornosa Martínez, Sousa Pinto, Staes, Staniszewska, Starkevičiūtė, Šťastný, Stauner, Sterckx, Stevenson, Stihler, Stockmann, Strejček, Strož, Stubb, Sudre, Sumberg, Surján, Susta, Svensson, Swoboda, Szájer, Szejna, Szent-Iványi, Szymański, Tabajdi, Tajani, Takkula, Tannock, Tarabella, Tarand, Tatarella, Thomsen, Thyssen, Titford, Toia, Tomczak, Toussas, Trakatellis, Trautmann, Triantaphyllides, Turmes, Tzampazi, Uca, Ulmer, Väyrynen, Vaidere, Vakalis, Valenciano Martínez-Orozco, Vanhecke, Van Hecke, Van Lancker, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vaugrenard, Veraldi, Vergnaud, Vernola, Vidal-Quadras, Vincenzi, Virrankoski, Vlasák, Vlasto, Voggenhuber, Wagenknecht, Wallis, Walter, Watson, Henri Weber, Manfred Weber, Weiler, Weisgerber, Westlund, Whittaker, Wieland, Wiersma, Willmott, Wise, von Wogau, Bernard Piotr Wojciechowski, Janusz Wojciechowski, Wortmann-Kool, Wurtz, Xenogiannakopoulou, Yañez-Barnuevo García, Záborská, Zahradil, Zaleski, Zapałowski, Zappalà, Zatloukal, Ždanoka, Železný, Zieleniec, Zīle, Zimmer, Zvěřina, Zwiefka

Observers:

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

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Tuesday, 12 December 2006

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

23.12.2006

EN

Official Journal of the European Union

CE 317/19

---

MINUTES

(2006/C 317 E/02)

PROCEEDINGS OF THE SITTING

IN THE CHAIR: Miroslav OUZKÝ

Vice-President

1.   Opening of sitting

The sitting opened at 9.00.

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

(announcement of motions for resolutions tabled)

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

| I. | Fiji






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

I.

Fiji

—

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

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

—

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

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

—

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

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

—

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

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

—

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

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

—

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

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






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

II.

Involvement of UN forces in sexual abuses in Liberia and Haiti

—

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

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

—

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

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

—

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

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

—

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

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

—

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

| III. | Burma






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

III.

Burma

—

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

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

—

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

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

—

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

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

—

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

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

—

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

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

—

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

Speaking time would be allocated in accordance with Rule 142.

3.   Documents received

The following documents had been received:

| 1) | from the Council and Commission






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






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

1)

from the Council and Commission

—

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

referred to

responsible

:

IMCO

opinion

:

JURY

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






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

—

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

referred to

responsible

:

ENVI

opinion

:

EMPL, ITRE, INTA, IMCO

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






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

—

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

referred to

responsible

:

ITRE

opinion

:

AFET, BUDG

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






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

—

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

referred to

responsible

:

ECON

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






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

—

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

referred to

responsible

:

ECON

opinion

:

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

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






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

—

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

referred to

responsible

:

BUDG

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






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

—

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

referred to

responsible

:

BUDG

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






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

—

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

referred to

responsible

:

BUDG

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






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

—

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

referred to

responsible

:

BUDG

| 2) | from committees






  2.1) | reports






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

2)

from committees

2.1)

reports

—

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

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

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

—

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

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

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

—

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

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

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

—

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

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

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

—

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

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

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

—

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

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

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

—

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

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

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

—

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

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

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

—

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

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

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

—

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

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

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

—

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

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

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

—

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

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

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

—

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

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

| 2.2) | recommendations for second reading






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

2.2)

recommendations for second reading

—

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

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

| 3) | from the Conciliation Committee






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

3)

from the Conciliation Committee

—

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

4.   Transfers of appropriations

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

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

*

- *

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

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

*

- *

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

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

*

- *

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

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

*

- *

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

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

*

- *

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

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

*

- *

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

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

*

- *

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

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

*

- *

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

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

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

(motions for resolutions tabled)

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

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

(Minutes of 14.11.2006, Item 15)

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

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

—

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

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

—

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

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

—

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

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

—

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

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

—

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

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

—

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

Vote: Minutes of 13.12.2006, Item 8.14.

Minutes of 13.12.2006, Item 8.14

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

(motions for resolutions tabled)

Council and Commission statements: Russia-EU Summit

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

Minutes of 29.11.2006, Item 13

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

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

—

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

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

—

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

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

—

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

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

—

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

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

—

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

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

—

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

Vote: Minutes of 13.12.2006, Item 8.15.

Minutes of 13.12.2006, Item 8.15

7.   Vote on request for urgent procedure

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

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

—

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

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

—

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

Rapporteur: Inger Segelström — LIBE Committee.

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

—

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

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

—

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

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

—

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

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

—

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

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

—

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

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

—

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

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

—

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

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

—

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

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

The request for urgent procedure was approved.

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

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

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

(debate)

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

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

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

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

Gay Mitchell introduced the recommendation for second reading.

David Martin introduced the report.

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

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

IN THE CHAIR: Sylvia-Yvonne KAUFMANN

Vice-President

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

The debate closed.

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

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

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

(debate)

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

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

Christa Klaß introduced the report.

Stavros Dimas (Member of the Commission) spoke.

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

The debate closed.

Vote: Minutes of 12.12.2006, Item 14.13.

Minutes of 12.12.2006, Item 14.13

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

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

IN THE CHAIR: Josep BORRELL FONTELLES

President

10.   Welcome

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

11.   Voting time

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

11.1.   Appointment of the Bulgarian Commissioner (vote)

(vote)

DRAFT DECISION B6-0644/2006

(Simple majority)

(Simple majority)

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

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

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

Adopted (P6_TA(2006)0529)

(P6_TA(2006)0529)

11.2.   Appointment of the Romanian Commissioner (vote)

(vote)

DRAFT DECISION B6-0645/2006

(Simple majority)

(Simple majority)

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

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

Adopted (P6_TA(2006)0530)

(P6_TA(2006)0530)

12.   Award of the Sakharov Prize (Formal sitting)

(Formal sitting)

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

IN THE CHAIR: Gérard ONESTA

Vice-President

13.   Agenda

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

The House agreed to the proposal.

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

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

*

- *

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

14.   Voting time (continuation)

(continuation)

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

(Rule 131) (vote)

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

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

(Simple majority)

(Simple majority)

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

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

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

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

PROPOSAL FOR A DECISION

Adopted by single vote (P6_TA(2006)0531)

(P6_TA(2006)0531)

The following spoke before the vote:

The following spoke before the vote:

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

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

(Rule 131) (vote)

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

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

(Simple majority)

(Simple majority)

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

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

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

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

PROPOSAL FOR A DECISION

Adopted by single vote (P6_TA(2006)0532)

(P6_TA(2006)0532)

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

(Rule 131) (vote)

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

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

(Simple majority)

(Simple majority)

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

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

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0533)

(P6_TA(2006)0533)

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

(Rule 131) (vote)

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

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

(Qualified majority)

(Qualified majority)

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

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

COMMON POSITION OF THE COUNCIL

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

Declared approved (P6_TA(2006)0534)

(P6_TA(2006)0534)

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

(Rule 131) (vote)

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

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

(Qualified majority)

(Qualified majority)

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

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

COMMON POSITION OF THE COUNCIL

Declared approved (P6_TA(2006)0535)

(P6_TA(2006)0535)

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

(Rule 131) (vote)

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

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

(Qualified majority)

(Qualified majority)

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

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

COMMON POSITION OF THE COUNCIL

Declared approved (P6_TA(2006)0536)

(P6_TA(2006)0536)

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

(Rule 131) (vote)

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

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

(Qualified majority)

(Qualified majority)

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

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

COMMON POSITION OF THE COUNCIL

Declared approved (P6_TA(2006)0537)

(P6_TA(2006)0537)

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

(Rule 131) (vote)

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

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

(Simple majority)

(Simple majority)

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

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

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0538)

(P6_TA(2006)0538)

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

(Rule 131) (vote)

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

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

(Simple majority)

(Simple majority)

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

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

COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0539)

(P6_TA(2006)0539)

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

(Rule 131) (vote)

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

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

(Simple majority)

(Simple majority)

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

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

COMMISSION PROPOSAL, AMENDMENT and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0540)

(P6_TA(2006)0540)

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

(Rule 131) (vote)

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

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

(Simple majority)

(Simple majority)

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

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

INITIATIVE, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0541)

(P6_TA(2006)0541)

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

(Rule 131) (vote)

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

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

(Simple majority)

(Simple majority)

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

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

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0542)

(P6_TA(2006)0542)

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

(vote)

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

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

(Simple majority for approval)

(Simple majority for approval)

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

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

JOINT TEXT

Adopted (P6_TA(2006)0543)

(P6_TA(2006)0543)

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

(vote)

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

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

(Qualified majority)

(Qualified majority)

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

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

COMMON POSITION OF THE COUNCIL

Declared approved (P6_TA(2006)0544)

(P6_TA(2006)0544)

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

(vote)

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

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

(Simple majority)

(Simple majority)

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

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

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0545)

(P6_TA(2006)0545)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0545)

(P6_TA(2006)0545)

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

(vote)

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

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

(Simple majority)

(Simple majority)

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

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

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0546)

(P6_TA(2006)0546)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0546)

(P6_TA(2006)0546)

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

(vote)

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

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

(Simple majority)

(Simple majority)

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

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

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0547)

(P6_TA(2006)0547)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0547)

(P6_TA(2006)0547)

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

(vote)

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

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

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

(Minutes of 29.11.2006, Item 16)

(Simple majority)

(Simple majority)

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

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

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0548)

(P6_TA(2006)0548)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0548)

(P6_TA(2006)0548)

The following spoke on the vote:

The following spoke on the vote:

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

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

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

(vote)

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

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

(Simple majority)

(Simple majority)

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

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

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0549)

(P6_TA(2006)0549)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0549)

(P6_TA(2006)0549)

The following spoke on the vote:

The following spoke on the vote:

Kathy Sinnott (rapporteur).

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

(vote)

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

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

(Simple majority)

(Simple majority)

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

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

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0550)

(P6_TA(2006)0550)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0550)

(P6_TA(2006)0550)

15.   Explanations of vote

Written explanations of vote:

Written explanations of vote:

Explanations of vote submitted in writing under Rule 163(3) appear in the Verbatim Report of Proceedings for the sitting.

Verbatim Report of Proceedings

Oral explanations of vote:

Oral explanations of vote:

Report: Marianne Thyssen — A6-0408/2006:

| — | Andreas Mölzer |
| --- | --- |

—

Andreas Mölzer

Report: Christa Klaß — A6-0446/2006:

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

—

Andreas Mölzer and Richard Seeber

Report: Gay Mitchell — A6-0448/2006:

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

—

Vytautas Landsbergis

16.   Corrections to votes and voting intentions

Corrections to votes and voting intentions appear on the ‘Séance en direct’ website under ‘Votes’/‘Results of votes’/‘Roll-call votes’. They are published in hard copy in the ‘Result of roll-call votes’ annex.

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

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

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

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

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

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

IN THE CHAIR: Dagmar ROTH-BEHRENDT

Vice-President

17.   Approval of Minutes of previous sitting

The Minutes of the previous sitting were approved.

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

(debate)

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

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

Viviane Reding (Member of the Commission) spoke.

Ruth Hieronymi introduced the report.

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

IN THE CHAIR: Janusz ONYSZKIEWICZ

Vice-President

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

The debate closed.

Vote: Minutes of 13.12.2006, Item 8.8.

Minutes of 13.12.2006, Item 8.8

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

(debate)

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

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

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

IN THE CHAIR: Manuel António dos SANTOS

Vice-President

Marios Matsakis spoke.

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

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

—

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

The debate closed.

Vote: Minutes of 14.12.2006, Item 6.33.

Minutes of 14.12.2006, Item 6.33

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

(debate)

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

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

Section I, European Parliament

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

Section II, Council

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

Section III, Commission

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

Section IV, Court of Justice

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

Section V, Court of Auditors

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

Section VI, European Economic and Social Committee

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

Section VII, Committee of the Regions

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

Section VIII (A), European Ombudsman

| | Section VIII (B), European Data Protection Supervisor — Committee on Budgets
  Co-rapporteurs: James Elles and Louis Grech (A6-0451/2006). |
| --- | --- |

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

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

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

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

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

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

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

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

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

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

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

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

IN THE CHAIR: Sylvia-Yvonne KAUFMANN

Vice-President

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

The debate closed.

Vote: 14.12.2006 and 13.12.2006.

14.12.2006 and 13.12.2006

21.   Agenda

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

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

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

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

22.   Question Time (Commission)

(Commission)

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

Part one

Part one

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

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

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

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

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

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

Part two

Part two

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

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

Question 41 had been withdrawn.

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

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

Questions 43 to 45 would receive written answers.

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

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

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

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

Questions 48 to 53 would receive written answers.

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

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

Question 55 (Sarah Ludford): GM rice.

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

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

(see annex to the Verbatim Report of Proceedings)

Commission Question Time closed.

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

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

IN THE CHAIR: Edward McMILLAN-SCOTT

Vice-President

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

(debate)

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

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

Vladimír Špidla (Member of the Commission) spoke.

Roselyne Bachelot-Narquin introduced the report.

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

The debate closed.

Vote: Minutes of 13.12.2006, Item 8.9.

Minutes of 13.12.2006, Item 8.9

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

(debate)

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

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

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

Vladimír Špidla (Member of the Commission) spoke.

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

The debate closed.

Vote: Minutes of 14.12.2006, Item 6.18.

Minutes of 14.12.2006, Item 6.18

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

(debate)

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

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

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

Matthias Groote introduced the report.

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

The debate closed.

Vote: Minutes of 13.12.2006, Item 8.10.

Minutes of 13.12.2006, Item 8.10

26.   Membership of Parliament

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

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

27.   Agenda for next sitting

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

28.   Closure of sitting

The sitting closed at 23.35.

Julian Priestley

Secretary-General

Antonios Trakatellis

Vice-President

---

ATTENDANCE REGISTER

The following signed:

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

Observers:

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

---

ANNEX I

RESULTS OF VOTES

Abbreviations and symbols

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

+

adopted

-

rejected

↓

lapsed

W

withdrawn

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

roll-call vote (in favour, against, abstentions)

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

electronic vote (in favour, against, abstentions)

split

split vote

sep

separate vote

am

amendment

CA

compromise amendment

CP

corresponding part

D

deleting amendment

=

identical amendments

§

paragraph

art

article

rec

recital

MOT

motion for a resolution

JT MOT

joint motion for a resolution

SEC

secret ballot

1.   Appointment of the Bulgarian Commissioner

Draft decision: B6-0644/2006

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

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

vote: draft decision

RCV

+

583, 21, 28

Roll-call vote: Rule 99(4)

2.   Appointment of the Romanian Commissioner

Draft decision: B6-0645/2006

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

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

vote: draft decision

RCV

+

595, 16, 29

Roll-call vote: Rule 99(4)

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

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

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

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

vote: proposal for a decision

+

Secret ballot (Rule 162(1))

561, 32, 38

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

Report: Szabolcs FAZAKAS (A6-0443/2006)

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

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

vote: proposal for a decision

+

Secret ballot (Rule 162(1))

356, 229, 51

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

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

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

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

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

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

Common position

Declared approved

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

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

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

Common position

Declared approved

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

Report: Philippe MORILLON (A6-0400/2006)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

Common position

Declared approved

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

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

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

Common position

Declared approved

10.   Customs 2013 programme ***I

Report: Janelly FOURTOU (A6-0428/2006)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

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

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

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

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

Report: Janusz LEWANDOWSKI (A6-0424/2006)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

13.   Cooperation between Asset Recovery Offices *

Report: Mihael BREJC (A6-0388/2006)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

14.   Expenditure in the veterinary field *

Report: Ilda FIGUEIREDO (A6-0409/2006)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

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

Report: Christa KLAß (A6-0446/2006)

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

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

vote: joint text

+

16.   Financing instrument for development cooperation ***II

Recommendation for second reading:
  (qualified majority)

Gay MITCHELL (A6-0448/2006)

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

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

text as a whole

2, 3, 1

MITCHELL and others

-

Common position

Declared approved

17.   Community Customs Code ***I

Report: Janelly FOURTOU (A6-0429/2006)

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

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Amendments by the committee responsible — block vote

1-13

15-17

20-23

25-26

28-33

36-56

Committee

+

Article 11, after § 2

14

Committee

+

57

PPE-DE

W

Article 15

18

Committee

+

19

Committee

↓

After Article 125

58

PPE-DE

EV

-

281, 337, 16

vote: amended proposal

+

vote: legislative resolution

+

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

18.   Circulation of compound feedingstuffs ***I

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

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

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Amendments by the committee responsible — separate vote

2

Committee

sep

+

4

Committee

sep

-

After recital 1

5=

11=

14=

ALDE

PPE-DE

Verts/ALE

+

1

Committee

↓

16

Verts/ALE

-

7=

13=

ALDE

PPE-DE

+

After recital 2

8

ALDE

-

After recital 3

3

Committee

-

9=

12=

15=

ALDE

PPE-DE

Verts/ALE

+

vote: amended proposal

+

vote: legislative resolution

+

Amendments 6 and 10 were inadmissible.

Requests for separate votes

Verts/ALE: ams 2 and 4

PPE-DE: am 4

ALDE: am 4

19.   Statistics on foreign affiliates ***I

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

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




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




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

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Block 1 —

compromise

16-49

ALDE

+

Block 2 —

amendments by the committee responsible

1-2

4-15

Committee

↓

vote: amended proposal

+

vote: legislative resolution

RCV

+

615, 13, 20

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

Requests for roll-call votes

PPE-DE: final vote

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

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

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




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


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

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Block 1 —

compromise package

101-109

111-116

118-145

146

147

Verts/ALE, PPE-DE

Verts/ALE

Verts/ALE

+

am 147

oral amendment

Block 2

1-100

Committee

↓

Article 2, § 1, point (a)

148

PPE-DE

W

117

Verts/ALE, PPE-DE

+

vote: amended proposal

+

vote: legislative resolution

+

Amendment 110 had been withdrawn.

Miscellaneous

Hélène Flautre moved the following oral amendment to amendment 147:

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

21.   Prevention of injury and the promotion of safety *

Report: Kathy SINNOTT (A6-0398/2006)

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

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Amendments by the committee responsible — block vote

Amendments by the committee responsible — block vote

1-3

5-28

Committee

Committee

+

Amendments by the committee responsible — separate vote

Amendments by the committee responsible — separate vote

4

Committee

Committee

sep

+

Recommendation to the Commission, after point 3

29

ALDE

W

After recital 5

30

ALDE

W

vote: amended proposal

vote: amended proposal

+

vote: legislative resolution

vote: legislative resolution

+

Requests for separate votes

Requests for separate votes

IND/DEM: am 4

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

Report: David MARTIN (A6-0430/2006)

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

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Amendments by the committee responsible — block vote

Amendments by the committee responsible — block vote

1-32

Committee

Committee

+

vote: amended proposal

vote: amended proposal

+

vote: legislative resolution

vote: legislative resolution

+

---

ANNEX II

RESULT OF ROLL-CALL VOTES

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

Decision

For: 583

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

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

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

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

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

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

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

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

Against: 21

ALDE: Mohácsi

GUE/NGL: Henin

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

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

PSE: Roth-Behrendt

UEN: Camre

Verts/ALE: Beer

Abstention: 28

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

IND/DEM: Coûteaux, Krupa, Louis, Tomczak

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

PPE-DE: Callanan, Mann Thomas

UEN: Kamiński

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

Corrections to votes

For

Michael Gahler, Panagiotis Beglitis, Aloyzas Sakalas

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

Decision

For: 595

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

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

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

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

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

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

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

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

Against: 16

GUE/NGL: Henin, Krarup

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

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

UEN: Camre

Abstention: 29

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

IND/DEM: Coûteaux, Krupa, Louis, Tomczak

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

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

PSE: Roth-Behrendt

Verts/ALE: van Buitenen, Onesta

Corrections to votes

For

Panagiotis Beglitis, Aloyzas Sakalas

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

Decision

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

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

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

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

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

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

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

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

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

Decision

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

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

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

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

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

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

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

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

5.   Report: Klinz A6-0332/2006

Resolution

For: 615

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

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

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

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

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

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

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

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

Against: 13

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

NI: Mote

Abstention: 20

GUE/NGL: Manolakou, Toussas

IND/DEM: Krupa, Louis

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

Verts/ALE: van Buitenen

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TEXTS ADOPTED

P6_TA(2006)0529

Nomination of the Bulgarian Commissioner

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

The European Parliament,

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

—

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

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

—

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

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

—

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

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

—

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

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

—

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

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

—

having regard to Rule 99 of its Rules of Procedure,

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

A.

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

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

B.

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

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

C.

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

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

1.

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

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

2.

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

P6_TA(2006)0530

Nomination of the Romanian Commissioner

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

The European Parliament,

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

—

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

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

—

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

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

—

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

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

—

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

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

—

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

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

—

having regard to Rule 99 of its Rules of Procedure,

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

A.

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

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

B.

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

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

C.

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

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

1.

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

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

2.

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

P6_TA(2006)0531

Nomination of the Bulgarian Member of the Court of Auditors

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

The European Parliament,

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

—

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

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

—

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

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

—

having regard to Rule 101 of its Rules of Procedure,

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

—

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

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

1.

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

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

2.

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

P6_TA(2006)0532

Nomination of the Romanian Member of the Court of Auditors

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

The European Parliament,

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

—

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

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

—

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

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

—

having regard to Rule 101 of its Rules of Procedure,

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

—

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

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

1.

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

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

2.

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

P6_TA(2006)0533

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

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

(Consultation procedure)

The European Parliament,

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

—

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

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

—

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

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

—

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

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

—

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

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

—

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

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

1.

Approves the conclusion of the Arrangement;

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

2.

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

---

(1)  Not yet published in OJ.

P6_TA(2006)0534

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

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

(Codecision procedure: second reading)

The European Parliament,

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

—

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

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

—

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

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

—

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

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

—

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

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

—

having regard to Rule 67 of its Rules of Procedure,

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

—

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

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

1.

Approves the common position;

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

2.

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

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

3.

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

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

4.

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

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

5.

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

---

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

(2)  Not yet published in OJ.

(3)  Not yet published in OJ.

P6_TA(2006)0535

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

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

(Codecision procedure: second reading)

The European Parliament,

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

—

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

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

—

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

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

—

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

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

—

having regard to Rule 67 of its Rules of Procedure,

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

—

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

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

1.

Approves the common position;

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

2.

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

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

3.

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

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

4.

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

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

5.

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

---

(1)  Not yet published in OJ.

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

(3)  Not yet published in OJ.

P6_TA(2006)0536

Statistical data on landings of fishery products ***II

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

(Codecision procedure: second reading)

The European Parliament,

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

—

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

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

—

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

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

—

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

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

—

having regard to Rule 67 of its Rules of Procedure,

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

—

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

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

1.

Approves the common position;

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

2.

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

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

3.

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

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

4.

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

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

5.

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

---

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

(2)  Not yet published in OJ.

P6_TA(2006)0537

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

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

(Codecision procedure: second reading)

The European Parliament,

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

—

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

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

—

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

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

—

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

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

—

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

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

—

having regard to Rule 67 of its Rules of Procedure,

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

—

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

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

1.

Approves the common position;

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

2.

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

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

3.

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

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

4.

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

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

5.

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

---

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

P6_TA(2006)0538

Customs 2013 programme ***I

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

(Codecision procedure: first reading)

The European Parliament,

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

—

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

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

—

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

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

—

having regard to Rule 51 of its Rules of Procedure,

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

—

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

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

1.

Approves the Commission proposal as amended;

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

2.

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

| 3. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

3.

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

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

4.

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

---

(1)  Not yet published in OJ.

P6_TC1-COD(2006)0075

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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

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

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

| (1) | A major objective for the Community over the coming years is the creation of growth and jobs, as reflected in the re-launch of the Lisbon Strategy. The previous programmes in the customs field, in particular Decision No 253/2003/EC of the European Parliament and of the Council of 11 February 2003 adopting an action programme for customs in the Community (Customs 2007) (3) (hereinafter referred to as ‘Customs 2007’), have significantly contributed to the achievement of that objective and to the overall objectives of customs policy. It is therefore appropriate to continue activities commenced under those programmes. A new programme (hereinafter referred to as ‘the Programme’) should be established for a period of six years to align its duration with that of the multiannual financial framework contained in the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (4). |
| --- | --- |

(1)

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

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

(2)

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

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

(3)

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

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

(4)

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

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

(5)

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

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

(6)

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

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

(7)

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

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

(8)

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

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

(9)

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

| (10) | The mid-term evaluation of Customs 2007 confirmed the need to organise the information sharing and knowledge exchange between administrations and between administrations and the Commission in a more structured way, as well as the consolidation of knowledge gained during programme events. Therefore, under the Programme particular attention should be paid to information sharing and knowledge management. |
| --- | --- |

(10)

The mid-term evaluation of Customs 2007 confirmed the need to organise the information sharing and knowledge exchange between administrations and between administrations and the Commission in a more structured way, as well as the consolidation of knowledge gained during programme events. Therefore, under the Programme particular attention should be paid to information sharing and knowledge management.

| (11) | Although the primary responsibility for achieving the objectives of the Programme lies with the participating countries, Community action is needed for the coordination of the activities pursued under the Programme as well as for the provision of the infrastructure and the necessary stimulus. |
| --- | --- |

(11)

Although the primary responsibility for achieving the objectives of the Programme lies with the participating countries, Community action is needed for the coordination of the activities pursued under the Programme as well as for the provision of the infrastructure and the necessary stimulus.

| (12) | Since the objectives of this Decision cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and the effect of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(12)

Since the objectives of this Decision cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and the effect of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives.

| (13) | This Decision establishes a financial envelope for the entire duration of the Programme, which is to constitute the prime reference amount for the budgetary authority, within the meaning of Point 37 of the Interinstitutional Agreement of 17 May 2006. |
| --- | --- |

(13)

This Decision establishes a financial envelope for the entire duration of the Programme, which is to constitute the prime reference amount for the budgetary authority, within the meaning of Point 37 of the Interinstitutional Agreement of 17 May 2006.

| (14) | The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5), |
| --- | --- |

(14)

The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5),

HAVE ADOPTED THIS DECISION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Establishment of the Programme

1.   A multiannual action programme for customs in the Community (Customs 2013), hereinafter referred to as ‘the Programme’, is hereby established for the period from 1 January 2008 to 31 December 2013 to support and complement action undertaken by Member States in ensuring the effective functioning of the internal market in the customs field.

2.   The programme shall consist of the following activities:

| (a) | communication and information-exchange systems; |
| --- | --- |

(a)

communication and information-exchange systems;

| (b) | benchmarking; |
| --- | --- |

(b)

benchmarking;

| (c) | seminars and workshops; |
| --- | --- |

(c)

seminars and workshops;

| (d) | project groups and steering groups; |
| --- | --- |

(d)

project groups and steering groups;

| (e) | working visits; |
| --- | --- |

(e)

working visits;

| (f) | training activities; |
| --- | --- |

(f)

training activities;

| (g) | monitoring actions; |
| --- | --- |

(g)

monitoring actions;

| (h) | any other activities required for the realisation of the objectives of the programme. |
| --- | --- |

(h)

any other activities required for the realisation of the objectives of the programme.

Article 2

Definitions

For the purpose of this Decision the following definitions shall apply:

| 1) | ‘administration’ means the public authorities and other bodies in the participating countries which are responsible for administering customs and customs related activities; |
| --- | --- |

1)

‘administration’ means the public authorities and other bodies in the participating countries which are responsible for administering customs and customs related activities;

| 2) | ‘official’ means a member of an administration. |
| --- | --- |

2)

‘official’ means a member of an administration.

Article 3

Participation in the Programme

1.   Participating countries are the Member States and the countries referred to in paragraph 2.

2.   The Programme shall be open to the participation of any of the following:

| (a) | candidate countries benefiting from a pre-accession strategy, in accordance with the general principles and general terms and conditions for the participation of those countries in Community programmes established in the relevant Framework Agreement and Association Council Decisions; |
| --- | --- |

(a)

candidate countries benefiting from a pre-accession strategy, in accordance with the general principles and general terms and conditions for the participation of those countries in Community programmes established in the relevant Framework Agreement and Association Council Decisions;

| (b) | potential candidate countries, in accordance with provisions to be determined with those countries following the establishment of Framework Agreements concerning their participation in Community programmes. |
| --- | --- |

(b)

potential candidate countries, in accordance with provisions to be determined with those countries following the establishment of Framework Agreements concerning their participation in Community programmes.

3.   The Programme may also be open to the participation of certain partner countries of the European Neighbourhood Policy if these countries have reached a sufficient level of approximation of the relevant legislation and administrative methods to those of the Community, and in accordance with provisions to be determined with those countries following the establishment of Framework Agreements concerning their participation in Community programmes.

4.   Participating countries shall be represented by officials from the relevant administration.

Article 4

Overall objectives

1.   The Programme shall be designed to ensure that the following overall objectives are met:

| (a) | ensuring that customs activities match the needs of the internal market, including supply chain security and trade facilitation, as well as support the strategy for growth and jobs; |
| --- | --- |

(a)

ensuring that customs activities match the needs of the internal market, including supply chain security and trade facilitation, as well as support the strategy for growth and jobs;

| (b) | the interaction and performance of the duties of Member States' customs administrations as efficiently as though they were one administration, ensuring controls with equivalent results at every point of the Community customs territory and the support of legitimate business activity; |
| --- | --- |

(b)

the interaction and performance of the duties of Member States' customs administrations as efficiently as though they were one administration, ensuring controls with equivalent results at every point of the Community customs territory and the support of legitimate business activity;

| (c) | the necessary protection of the financial interests of the Community; |
| --- | --- |

(c)

the necessary protection of the financial interests of the Community;

| (d) | strengthening security and safety; |
| --- | --- |

(d)

strengthening security and safety;

| (e) | preparing the countries referred to in Article 3(2) for accession, including by means of the sharing of experience and knowledge with the customs administrations of those countries. |
| --- | --- |

(e)

preparing the countries referred to in Article 3(2) for accession, including by means of the sharing of experience and knowledge with the customs administrations of those countries.

2.   The common approach regarding customs policy shall continuously be adapted to new developments in partnership between the Commission and the Member States in the Customs Policy Group, comprising the Commission and the heads of customs administrations of the Member States or their representatives. The Commission shall keep the Customs Policy Group regularly informed of measures relating to the implementation of the Programme.

Article 5

Specific objectives

The specific objectives of the Programme shall be the following:

| (a) | to reduce the administrative burden and the cost of compliance for economic operators by improving the standardisation and simplification of customs systems and controls, and to maintain open and transparent cooperation with commercial actors; |
| --- | --- |

(a)

to reduce the administrative burden and the cost of compliance for economic operators by improving the standardisation and simplification of customs systems and controls, and to maintain open and transparent cooperation with commercial actors;

| (b) | to identify, develop and apply best working practices, in particular in the areas of pre- and post-clearance audit control, risk analysis, customs controls and simplified procedures; |
| --- | --- |

(b)

to identify, develop and apply best working practices, in particular in the areas of pre- and post-clearance audit control, risk analysis, customs controls and simplified procedures;

| (c) | to maintain a system for measuring the performance of Member States' customs administrations to improve their efficiency and effectiveness; |
| --- | --- |

(c)

to maintain a system for measuring the performance of Member States' customs administrations to improve their efficiency and effectiveness;

| (d) | to support actions to prevent irregularities, in particular through the rapid provision of information on risks to front line customs posts; |
| --- | --- |

(d)

to support actions to prevent irregularities, in particular through the rapid provision of information on risks to front line customs posts;

| (e) | to ensure a uniform and unambiguous tariff classification in the Community, in particular by improving coordination and cooperation between laboratories; |
| --- | --- |

(e)

to ensure a uniform and unambiguous tariff classification in the Community, in particular by improving coordination and cooperation between laboratories;

| (f) | to support the creation of a pan-European electronic customs environment through the development of inter-operable communication and information exchange systems coupled with the necessary legislative and administrative changes; |
| --- | --- |

(f)

to support the creation of a pan-European electronic customs environment through the development of inter-operable communication and information exchange systems coupled with the necessary legislative and administrative changes;

| (g) | to maintain existing communication and information systems and, where appropriate, to develop new systems; |
| --- | --- |

(g)

to maintain existing communication and information systems and, where appropriate, to develop new systems;

| (h) | to undertake actions which will provide support to the customs administrations of countries preparing for accession; |
| --- | --- |

(h)

to undertake actions which will provide support to the customs administrations of countries preparing for accession;

| (i) | to contribute to the development of high quality customs administrations in third countries; |
| --- | --- |

(i)

to contribute to the development of high quality customs administrations in third countries;

| (j) | to improve cooperation between customs administrations of the Member States and third countries, in particular those of the partner countries of the European Neighbourhood Policy; |
| --- | --- |

(j)

to improve cooperation between customs administrations of the Member States and third countries, in particular those of the partner countries of the European Neighbourhood Policy;

| (k) | to develop and reinforce common training. |
| --- | --- |

(k)

to develop and reinforce common training.

Article 6

Work programme

The Commission shall establish a work programme annually in accordance with the procedure referred to in Article 20(2).

CHAPTER II

PROGRAMME ACTIVITIES

Article 7

Communication and information exchange systems

1.   The Commission and the participating countries shall ensure that the communication and information exchange systems referred to in paragraph 2 are operational.

2.   The communication and information exchange systems shall be the following:

| (a) | the common communications network/common systems interface (CCN/CSI); |
| --- | --- |

(a)

the common communications network/common systems interface (CCN/CSI);

| (b) | the computerised transit system (CTS); |
| --- | --- |

(b)

the computerised transit system (CTS);

| (c) | the tariff systems, in particular the data dissemination system (DDS), the combined nomenclature (CN), the information system on the integrated tariff of the Community (TARIC), the European binding tariff information system (EBTI), the tariff quota and surveillance system (TQS), the suspensions information system (SUSPENSIONS), the specimen management system (SMS), the information system for processing procedures (ISPP), the European customs inventory of chemical substances (ECICS) and the registered exporters system (REX); |
| --- | --- |

(c)

the tariff systems, in particular the data dissemination system (DDS), the combined nomenclature (CN), the information system on the integrated tariff of the Community (TARIC), the European binding tariff information system (EBTI), the tariff quota and surveillance system (TQS), the suspensions information system (SUSPENSIONS), the specimen management system (SMS), the information system for processing procedures (ISPP), the European customs inventory of chemical substances (ECICS) and the registered exporters system (REX);

| (d) | the systems for increasing security set out in Regulation (EC) No 648/2005 of the European Parliament and of the Council of 13 April 2005 amending Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (6), including the Community risk management system, the export control system (ECS), the import control system (ICS) and the system for authorised economic operators (AEO); |
| --- | --- |

(d)

the systems for increasing security set out in Regulation (EC) No 648/2005 of the European Parliament and of the Council of 13 April 2005 amending Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (6), including the Community risk management system, the export control system (ECS), the import control system (ICS) and the system for authorised economic operators (AEO);

| (e) | any new customs-related communication and information exchange systems, including electronic customs systems, established under Community legislation and provided for in the work programme referred to in Article 6. |
| --- | --- |

(e)

any new customs-related communication and information exchange systems, including electronic customs systems, established under Community legislation and provided for in the work programme referred to in Article 6.

3.   The Community components of the communication and information exchange systems shall be the hardware, software and network connections which are common to all participating countries. The Commission shall, on behalf of the Community, conclude the necessary contracts to ensure the operational nature of these components.

4.   The non-Community components of the communication and information exchange systems shall comprise the national databases forming part of these systems, the network connections between the Community and non-Community components and such software and hardware as each participating country deems appropriate for the full operation of those systems throughout its administration. The participating countries shall ensure that the non-Community components are kept operational and shall ensure the interoperability of these components with the Community components.

5.   The Commission shall coordinate, in cooperation with the participating countries, those aspects of the establishment and functioning of the Community and non-Community components of the systems and infrastructure referred to in paragraph 2 which are necessary to ensure their operability, interconnectivity and continuous improvement. The Commission and the participating countries shall do everything within their power to comply with the schedules and deadlines established for that purpose.

6.   The Commission may make CCN/CSI available to other administrations for customs or non-customs purposes. A financial contribution may be required to cover related costs.

Article 8

Benchmarking

Benchmarking activities in the form of comparisons of working methods, procedures or processes, involving agreed indicators to identify best practices, may be organised between two or more participating countries.

Article 9

Seminars and workshops

The Commission and the participating countries shall together organise seminars and workshops and ensure the dissemination of the outcomes of such seminars and workshops.

Article 10

Project groups and steering groups

The Commission, in cooperation with the participating countries, may establish project groups with responsibility for carrying out specific tasks to be completed within a specified time-scale, and steering groups which shall perform activities of a coordinating nature.

Article 11

Working visits

1.   Participating countries shall organise working visits for officials. The working visits may not exceed one month. Each working visit shall be targeted at a particular professional activity and shall be sufficiently prepared and subsequently evaluated by the officials and administrations concerned. Working visits may be operational or targeted at specific priority activities.

2.   The participating countries shall enable visiting officials to play an effective role in the activities of the host administration. To this end, visiting officials shall be authorised to carry out the tasks relating to the duties entrusted to them. If circumstances so require and, in particular, in order to take account of the specific requirements of the legal system of each participating country, the competent authorities of the participating countries may restrict that authorisation.

3.   During the working visit, the civil liability of the visiting official for the performance of his/her duties shall be treated in the same way as that of officials of the host administration. Visiting officials shall be bound by the same rules of professional confidentiality as officials of the host administration.

Article 12

Training activities

1.   The participating countries, in cooperation with the Commission, shall facilitate cooperation between the national training institutions, in particular through:

| (a) | the setting of training standards, the development of existing training programmes and, where appropriate, the development of existing training modules and new modules using e-learning to provide a common core of training for officials relating to the full range of customs rules and procedures so as to enable them to acquire the necessary professional skills and knowledge; |
| --- | --- |

(a)

the setting of training standards, the development of existing training programmes and, where appropriate, the development of existing training modules and new modules using e-learning to provide a common core of training for officials relating to the full range of customs rules and procedures so as to enable them to acquire the necessary professional skills and knowledge;

| (b) | where appropriate, the promotion of and access to training courses in the field of customs for officials of all participating countries where such courses are provided by a participating country for its own officials; |
| --- | --- |

(b)

where appropriate, the promotion of and access to training courses in the field of customs for officials of all participating countries where such courses are provided by a participating country for its own officials;

| (c) | where appropriate, the provision of the necessary infrastructure and tools for common e-learning in the field of customs and in customs training management. |
| --- | --- |

(c)

where appropriate, the provision of the necessary infrastructure and tools for common e-learning in the field of customs and in customs training management.

2.   Where appropriate, participating countries shall integrate the jointly developed e-learning modules referred to in point (a) of paragraph 1 in their national training programmes.

Participating countries shall ensure that their officials receive the initial and continuing training necessary to acquire common professional skills and knowledge in accordance with the training programmes. Participating countries shall promote the linguistic training necessary for officials to ascertain a sufficient level of linguistic competence for participation in the Programme.

Article 13

Monitoring actions

1.   The Commission, in cooperation with the Member States, shall decide which specific sectors of Community customs legislation may be subject to monitoring.

2.   Such monitoring shall be carried out by joint teams made up of customs officials from Member States and Commission officials. Those teams shall, on the basis of a theme-by-theme or regional approach, visit different points in the Community customs territory where customs administrations carry out their duties. The teams shall analyse customs practices at national level, identify any difficulties in implementing the rules and, where appropriate, make suggestions for the adaptation of Community rules and working methods in order to improve the efficiency of customs actions as a whole. The teams' reports shall be communicated to the Member States and the Commission.

Article 14

Participation in activities under the Programme

Representatives of international organisations, administrations of third countries and economic operators and their organisations may take part in activities organised under the Programme wherever this is useful for the achievement of the objectives referred to in Articles 4 and 5.

Article 15

Information sharing

The Commission, in cooperation with the participating countries, shall develop the sharing of information resulting from the activities of the Programme.

CHAPTER III

FINANCIAL PROVISIONS

Article 16

Financial framework

1.   The financial envelope for the implementation of the Programme for the period from 1 January 2008 to 31 December 2013 shall be 323 800 000euro.

2.   Annual appropriations shall be authorised by the budgetary authority within the limits of the multiannual financial framework, in accordance with Point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management.

Article 17

Expenditure

1.   The expenditure necessary for the implementation of the Programme shall be borne by the Community and the participating countries in accordance with paragraphs 2 to 5.

2.   The Community shall bear the following expenditure:

| (a) | the cost of the acquisition, development, installation, maintenance and day-to-day operation of the Community components of the communication and information exchange systems referred to in Article 7(3); |
| --- | --- |

(a)

the cost of the acquisition, development, installation, maintenance and day-to-day operation of the Community components of the communication and information exchange systems referred to in Article 7(3);

| (b) | the travel and living expenses incurred by officials from the participating countries relating to benchmarking activities, working visits, seminars and workshops, project groups and steering groups and training and monitoring actions; |
| --- | --- |

(b)

the travel and living expenses incurred by officials from the participating countries relating to benchmarking activities, working visits, seminars and workshops, project groups and steering groups and training and monitoring actions;

| (c) | the organisational costs of seminars and workshops; |
| --- | --- |

(c)

the organisational costs of seminars and workshops;

| (d) | the travel and living expenses incurred through the participation of external experts and participants referred to in Article 14; |
| --- | --- |

(d)

the travel and living expenses incurred through the participation of external experts and participants referred to in Article 14;

| (e) | the cost of the acquisition, development, installation and maintenance of training systems and modules insofar as they are common to all participating countries; |
| --- | --- |

(e)

the cost of the acquisition, development, installation and maintenance of training systems and modules insofar as they are common to all participating countries;

| (f) | the costs of any other activity referred to in point (h) of Article 1(2), up to a ceiling of no more than 5 % of the overall cost of the Programme. |
| --- | --- |

(f)

the costs of any other activity referred to in point (h) of Article 1(2), up to a ceiling of no more than 5 % of the overall cost of the Programme.

3.   The participating countries shall bear the following expenditure:

| (a) | the cost of the acquisition, development, installation, maintenance and day-to-day operation of the non-Community components of the communication and information exchange systems referred to in Article 7(4); |
| --- | --- |

(a)

the cost of the acquisition, development, installation, maintenance and day-to-day operation of the non-Community components of the communication and information exchange systems referred to in Article 7(4);

| (b) | the costs relating to the initial and continuing training of their officials, and in particular their linguistic training. |
| --- | --- |

(b)

the costs relating to the initial and continuing training of their officials, and in particular their linguistic training.

4.   The participating countries shall cooperate with the Commission to ensure that appropriations are used in accordance with the principle of sound financial management.

The Commission shall, in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (7) (hereinafter referred to as ‘the Financial Regulation’), determine the rules relating to the payment of expenses and shall communicate them to the participating countries.

5.   The financial allocation for the Programme may also cover expenses relating to preparatory, monitoring, control, audit and evaluation activities which are required directly for the management of the Programme and the achievement of its objectives, and in particular studies, meetings, information and publication actions, expenses linked to IT networks focusing on information exchange, together with all other technical and administrative assistance expense that the Commission may incur for the management of the Programme.

Article 18

Applicability of the Financial Regulation

The Financial Regulation shall be applicable to all subsidies granted in accordance with this Decision within the meaning of Title VI of the Financial Regulation. In particular, subsidies shall be subject to a prior written agreement with the beneficiary as set out in Article 108 of the Financial Regulation and on the basis of the implementing rules adopted in accordance with it, whereby the beneficiary declares its acceptance to have its utilisation of the appropriations granted audited by the Court of Auditors.

Article 19

Financial Control

Financing decisions and any agreements or contracts resulting from this Decision shall be subject to financial control, and if necessary, on the spot audits by the Commission, including the European Anti-Fraud Office (OLAF), and by the Court of Auditors. Such audits may take place unannounced.

CHAPTER IV

OTHER PROVISIONS

Article 20

Committee

1.   The Commission shall be assisted by the ‘Customs 2013 Committee’ (hereinafter referred as ‘the Committee’).

2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.

Article 21

Follow-up

The Programme shall be subject to continuous joint monitoring by the participating countries and the Commission.

Article 22

Mid-term and final evaluations

1.   Mid-term and final evaluations of the Programme shall be carried out under the responsibility of the Commission using the reports referred to in paragraph 2 and any other relevant information. The Programme shall be evaluated in terms of the objectives set out in Articles 4 and 5.

The mid-term evaluation shall review the results obtained at the half-way point of the duration of the Programme in terms of effectiveness and efficiency, as well as the continued relevance of the initial objectives of the Programme. It shall also assess the use of funding and the progress of follow-up and implementation.

The final evaluation shall concentrate on the effectiveness and efficiency of the activities of the Programme.

2.   The participating countries shall submit the following evaluation reports to the Commission:

| (a) | before 1 April 2011, a mid-term evaluation report on the Programme's relevance, effectiveness and efficiency; |
| --- | --- |

(a)

before 1 April 2011, a mid-term evaluation report on the Programme's relevance, effectiveness and efficiency;

| (b) | before 1 April 2014, a final evaluation report focusing on, inter alia, the Programme's effectiveness and efficiency. |
| --- | --- |

(b)

before 1 April 2014, a final evaluation report focusing on, inter alia, the Programme's effectiveness and efficiency.

3.   On the basis of the reports referred to in paragraph 2 and any other relevant information, the Commission shall submit to the European Parliament and the Council the following evaluation reports:

| (a) | before 1 August 2011, a mid-term evaluation report, and a communication on the desirability of continuing the Programme; |
| --- | --- |

(a)

before 1 August 2011, a mid-term evaluation report, and a communication on the desirability of continuing the Programme;

| (b) | before 1 August 2014, a final evaluation report. |
| --- | --- |

(b)

before 1 August 2014, a final evaluation report.

Those reports shall be sent to the European Economic and Social Committee and the Committee of the Regions for their information.

Article 23

Repeal

Decision No 253/2003/EC shall be repealed with effect from 1 January 2008.

However, financial obligations related to actions pursued under that Decision shall continue to be governed by that Decision until their completion.

Article 24

Entry into force

This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2008.

Article 25

Addressees

This Decision is addressed to the Member States.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 324, 30.12.2006, p. 78.

1

(2)  Position of the European Parliament of 12 December 2006.

2

(3)  OJ L 36, 12.2.2003, p. 1. Decision as amended by Decision No 787/2004/EC (OJ L 138, 30.4.2004, p. 12).

3

(4)  OJ C 139, 14.6.2006, p. 1.

4

(5)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

5

(6)  OJ L 117, 4.5.2005, p. 13.

6

(7)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

7

P6_TA(2006)0539

A paperless environment for customs and trade ***I

European Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council on a paperless environment for customs and trade (COM(2005)0609 — C6-0420/2005 — 2005/0247(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0609) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0609) (1),

| — | having regard to Article 251(2) and Articles 95 and 135 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0420/2005), |
| --- | --- |

—

having regard to Article 251(2) and Articles 95 and 135 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0420/2005),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Internal Market and Consumer Protection (A6-0407/2006); |
| --- | --- |

—

having regard to the report of the Committee on the Internal Market and Consumer Protection (A6-0407/2006);

| 1. | Approves the Commission proposal; |
| --- | --- |

1.

Approves the Commission proposal;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and Commission.

---

(1)  Not yet published in OJ.

P6_TA(2006)0540

Community surveys on the structure of agricultural holdings ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on amending Council Regulation (EEC) No 571/88 on the organisation of Community surveys on the structure of agricultural holdings, as regards the financial framework for the period 2007-2009 and the maximum Community contribution for Bulgaria and Romania (COM(2006)0344 — C6-0217/2006 — 2006/0112(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0344) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0344) (1),

| — | having regard to Article 251(2) and Article 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0217/2006), |
| --- | --- |

—

having regard to Article 251(2) and Article 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0217/2006),

| — | having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 56 thereof, |
| --- | --- |

—

having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 56 thereof,

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgets (A6-0424/2006); |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A6-0424/2006);

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  Not yet published in OJ.

P6_TC1-COD(2006)0112

Position of the European Parliament adopted at first reading on 12 December 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council on amending Council Regulation (EEC) No 571/88 on the organisation of Community surveys on the structure of agricultural holdings, as regards the financial framework for the period 2007-2009 and the maximum Community contribution for Bulgaria and Romania

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 285(1) thereof,

Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 56 thereof,

Having regard to the proposal from the Commission,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (1),

Whereas:

| (1) | Council Regulation (EEC) No 571/88 (2) provides for the Member States to be reimbursed up to a maximum amount per survey, as a contribution to expenses incurred. |
| --- | --- |

(1)

Council Regulation (EEC) No 571/88 (2) provides for the Member States to be reimbursed up to a maximum amount per survey, as a contribution to expenses incurred.

| (2) | In order to carry out the surveys on the structure of agricultural holdings, considerable funding will be required from the Member States and from the Community to meet the information requirements of the Community institutions. |
| --- | --- |

(2)

In order to carry out the surveys on the structure of agricultural holdings, considerable funding will be required from the Member States and from the Community to meet the information requirements of the Community institutions.

| (3) | With a view to the accession of Bulgaria and Romania and to conducting surveys on the structure of agricultural holdings in these new Member States in 2007, it is appropriate to provide for a maximum Community contribution per survey; this adaptation is needed by reason of accession and has not been provided for in the Act of Accession. |
| --- | --- |

(3)

With a view to the accession of Bulgaria and Romania and to conducting surveys on the structure of agricultural holdings in these new Member States in 2007, it is appropriate to provide for a maximum Community contribution per survey; this adaptation is needed by reason of accession and has not been provided for in the Act of Accession.

| (4) | This Regulation lays down, for the remainder of the programme, a financial envelope constituting the prime reference for the budgetary authority during the annual budgetary procedure, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3), |
| --- | --- |

(4)

This Regulation lays down, for the remainder of the programme, a financial envelope constituting the prime reference for the budgetary authority during the annual budgetary procedure, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3),

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 571/88 is amended as follows:

| 1) | the following indents are added to the first subparagraph of Article 14(1):






  ‘— | 2 000 000euro for Bulgaria, |
| --- | --- | --- |

1)

the following indents are added to the first subparagraph of Article 14(1):

‘—

2 000 000euro for Bulgaria,

| — | 2 000 000euro for Romania.’; |
| --- | --- |

—

2 000 000euro for Romania.’;

| 2) | in Article 14, the third, fourth and fifth subparagraphs of paragraph 1 are replaced by the following:
  ‘The financial envelope for the implementation of this programme, including the appropriations necessary for the management of the Eurofarm project, shall be set at 20 400 000euro for the period 2007-2009.
  The annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.’. |
| --- | --- |

2)

in Article 14, the third, fourth and fifth subparagraphs of paragraph 1 are replaced by the following:

‘The financial envelope for the implementation of this programme, including the appropriations necessary for the management of the Eurofarm project, shall be set at 20 400 000euro for the period 2007-2009.

The annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.’.

Article 2

This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.

Article 1(1) shall apply as from 1 January 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  Position of the European Parliament of 12 December 2006.

1

(2)  OJ L 56, 2.3.1988, p. 1. Regulation as last amended by Commission Regulation (EC) No 204/2006 (OJ L 34, 7.2.2006, p. 3).

2

(3)  OJ C 139, 14.6.2006, p. 1.

3

P6_TA(2006)0541

Cooperation between Asset Recovery Offices *

European Parliament legislative resolution on the initiative by the Republic of Austria, the Kingdom of Belgium and the Republic of Finland with a view to the adoption of a Council Decision concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to, crime (7259/2006 — C6-0122/2006 — 2006/0805(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the initiative by the Republic of Austria, the Kingdom of Belgium and the Republic of Finland (7259/2006), |
| --- | --- |

—

having regard to the initiative by the Republic of Austria, the Kingdom of Belgium and the Republic of Finland (7259/2006),

| — | having regard to Article 34(2)(c) of the EU Treaty, |
| --- | --- |

—

having regard to Article 34(2)(c) of the EU Treaty,

| — | having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0122/2006), |
| --- | --- |

—

having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0122/2006),

| — | having regard to Rules 93 and 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 93 and 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0388/2006); |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0388/2006);

| 1. | Approves the initiative by the Republic of Austria, the Kingdom of Belgium and the Republic of Finland as amended; |
| --- | --- |

1.

Approves the initiative by the Republic of Austria, the Kingdom of Belgium and the Republic of Finland as amended;

| 2. | Calls on the Council to amend the text accordingly; |
| --- | --- |

2.

Calls on the Council to amend the text accordingly;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 4. | Calls on the Council to consult Parliament if it intends to amend the initiative by the Republic of Austria, the Kingdom of Belgium and the Republic of Finland substantially; |
| --- | --- |

4.

Calls on the Council to consult Parliament if it intends to amend the initiative by the Republic of Austria, the Kingdom of Belgium and the Republic of Finland substantially;

| 5. | Instructs its President to forward its position to the Council and Commission, and the governments of the Republic of Austria, the Kingdom of Belgium and the Republic of Finland. |
| --- | --- |

5.

Instructs its President to forward its position to the Council and Commission, and the governments of the Republic of Austria, the Kingdom of Belgium and the Republic of Finland.

1a.
     
  Without prejudice to paragraph 1, a Member State may, insofar as is consistent with national law, set up or designate two Asset Recovery Offices. Where a Member State has more than two units having the same powers, charged with facilitating the tracing and identification of proceeds of crime, no more than two units may be designated as national contact points.

2.   Each Member State shall indicate the unit which is a national Asset Recovery Office within the meaning of this Article. Member States shall notify this information and any subsequent changes to the General Secretariat of the Council in writing. That shall not preclude other units which are charged with the facilitation of the tracing and identification of proceeds of crime from exchanging information under Articles 3 and 4.

2.   Each Member State shall indicate the unit which is a national Asset Recovery Office within the meaning of this Article. Member States shall notify this information and any subsequent changes to the General Secretariat of the Council in writing. That shall not preclude other units which are charged with the facilitation of the tracing and identification of proceeds of crime from exchanging information under Articles 3 and 4
  with the Asset Recovery Office of another Member State
  .

1.   An Asset Recovery Office may make a request for information for a purpose stated in Article 1. To that end it shall use the procedures provided for under the Framework Decision on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union. The grounds of refusal of that Framework Decision shall apply.

1.   An Asset Recovery Office
  or other unit in a Member State having the same powers, charged with facilitating the tracing and identification of assets
  may make a request for information for a purpose stated in Article 1. To that end it shall use the procedures provided for under the Framework Decision on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union. The grounds of refusal of that Framework Decision shall apply.

1.   Asset Recovery Offices may, within the limits of the applicable national law and without a request to that effect, exchange information which they consider necessary for the execution of the tasks of another Asset Recovery Office in pursuance of the purposes of this Decision as stated in Article 1.

1.   Asset Recovery Offices
  or other units in a Member State having the same powers, charged with facilitating the tracing and identification of assets
  may, within the limits of the applicable national law and without a request to that effect, exchange information which they consider necessary for the execution of the tasks of another Asset Recovery Office in pursuance of the purposes of this Decision as stated in Article 1.

Article 5

Use of information received under this Decision

1.
     
  Information or documents obtained under this Decision may be used in any proceedings aimed at the freezing, seizure or confiscation of proceeds of crime or other crime related property.

2.
     
  When transmitting information pursuant to this Decision, the transmitting Asset Recovery Office may impose restrictions and conditions on the use of information. The receiving Asset Recovery Office shall comply with any such restrictions and conditions. Such restrictions and conditions may not relate to the use of information for the purpose of compensations to victims of the offence in respect of which the information has been obtained.

deleted

P6_TA(2006)0542

Expenditure in the veterinary field *

European Parliament legislative resolution on the proposal for a Council decision amending Decision 90/424/EEC on expenditure in the veterinary field (COM(2006)0273 — C6-0199/2006 — 2006/0098(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2006)0273) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2006)0273) (1),

| — | having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0199/2006), |
| --- | --- |

—

having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0199/2006),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Agriculture and Rural Development (A6-0409/2006); |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development (A6-0409/2006);

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 4. | Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament; |
| --- | --- |

4.

Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament;

| 5. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

5.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

| 6. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

6.

Instructs its President to forward its position to the Council and Commission.

| (8a) | Little is known about the outcome of the programmes for the eradication, control and monitoring of certain animal diseases in the various Member States. |
| --- | --- |

(8a)

Little is known about the outcome of the programmes for the eradication, control and monitoring of certain animal diseases in the various Member States.

| (8b) | There are different attitudes to and ways of dealing with the same diseases in various Member States, even neighbouring Member States, and this may affect the efficiency of the measures taken. |
| --- | --- |

(8b)

There are different attitudes to and ways of dealing with the same diseases in various Member States, even neighbouring Member States, and this may affect the efficiency of the measures taken.

| (8c) | Particular attention should be paid to emergency situations, which require the sudden and unforeseeable disbursement of very large financial resources. |
| --- | --- |

(8c)

Particular attention should be paid to emergency situations, which require the sudden and unforeseeable disbursement of very large financial resources.

| (aa) | Support for actions to disseminate good practices and encourage the submission of joint programmes by two or more Member States and border regions, wherever this is shown to be important for the eradication, control and monitoring of contagious animal diseases, including zoonoses; |
| --- | --- |

(aa)

The list in the Annex may be amended in accordance with the procedure referred to in Article 41,
  in particular with regard
  to emerging animal diseases which pose a risk for animal health and, indirectly, to public health.

The list in the Annex
  may be updated only after the European Parliament and the Council have given their opinion on the specific matter. In exceptional cases it
  may be amended in accordance with the procedure referred to in Article 41,
  provided that the amendment relates
  to emerging animal diseases which pose a risk to animal health and, indirectly, to public health.

However, each Member State may, depending on its specific circumstances, submit national programmes, which shall be co-financed by the EU, for the eradication, control and monitoring of contagious animal diseases and zoonoses
  .

Each year, by
  31 March
  at the latest, Member States shall submit to the Commission the annual or multi-annual programmes starting in the following year for which they wish to receive a financial contribution from the Community.

Each year, by
  30 April
  at the latest, Member States shall submit to the Commission the annual or multi-annual programmes starting in the following year for which they wish to receive a financial contribution from the Community.

Programmes submitted after
  31 March
  shall not be eligible for financing the following year

Programmes submitted after
  30 April
  shall not be eligible for financing the following year.

Emergency situations requiring the sudden and unforeseeable disbursement of very large financial resources shall always be admissible and shall not be subject to the deadlines referred to in this Decision.

| (7a) | Article 43a is replaced by the following:



  Article 43a




  Every four years, the Commission shall submit to the European Parliament and to the Council a report on the animal health situation and the cost-effectiveness of the implementation of programmes in the various Member States, including details of the criteria adopted. |
| --- | --- |

(7a)

Article 43a

Every four years, the Commission shall submit to the European Parliament and to the Council a report on the animal health situation and the cost-effectiveness of the implementation of programmes in the various Member States, including details of the criteria adopted.

Council Decision 90/638/EEC is repealed from the date of taking effect of the Decision laying down the criteria referred to in the third subparagraph of Article 24(2) of Decision 90/424/EEC and the detailed rules referred to in Article 24(10) of that Decision.

Council Decision 90/638/EEC is repealed from the date of taking effect of the Decision laying down the criteria referred to in the third subparagraph of Article 24(2) of Decision 90/424/EEC and the detailed rules referred to in Article 24(10) of that Decision,
  without prejudice to the opinion of the European Parliament in the event of modification of the criteria currently in effect
  .

| — | Bovine leucosis |
| --- | --- |

—

Bovine leucosis

| — | Newcastle disease |
| --- | --- |

—

Newcastle disease

| — | Aujeszky's disease |
| --- | --- |

—

Aujeszky's disease

| — | Swine brucellosis |
| --- | --- |

—

Swine brucellosis

| — | BHV1 |
| --- | --- |

—

BHV1

| — | Maedi-Visna |
| --- | --- |

—

Maedi-Visna

| — | Paratuberculosis |
| --- | --- |

—

Paratuberculosis

| — | Mycoplasma gallisepticum |
| --- | --- |

—

Mycoplasma gallisepticum

---

(1)  Not yet published in OJ.

P6_TA(2006)0543

Protection of groundwater against pollution and deterioration ***III

European Parliament legislative resolution on the joint text approved by the Conciliation Committee for a directive of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration (PE-CONS 3658/2006 — C6-0382/2006 — 2003/0210(COD))

(Codecision procedure: third reading)

The European Parliament,

| — | having regard to the joint text approved by the Conciliation Committee (PE-CONS 3658/2006 — C6-0382/2006), |
| --- | --- |

—

having regard to the joint text approved by the Conciliation Committee (PE-CONS 3658/2006 — C6-0382/2006),

| — | having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2003)0550) (2) and on the amended Commission proposal (COM(2005)0282), |
| --- | --- |

—

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2003)0550) (2) and on the amended Commission proposal (COM(2005)0282),

| — | having regard to its position at second reading (3) on the Council common position (4), |
| --- | --- |

—

having regard to its position at second reading (3) on the Council common position (4),

| — | having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2006)0434) (5), |
| --- | --- |

—

having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2006)0434) (5),

| — | having regard to Article 251(5) of the EC Treaty, |
| --- | --- |

—

having regard to Article 251(5) of the EC Treaty,

| — | having regard to Rule 65 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 65 of its Rules of Procedure,

| — | having regard to the report of its delegation to the Conciliation Committee (A6-0446/2006); |
| --- | --- |

—

having regard to the report of its delegation to the Conciliation Committee (A6-0446/2006);

| 1. | Approves the joint text; |
| --- | --- |

1.

Approves the joint text;

| 2. | Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty; |
| --- | --- |

2.

Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

| 3. | Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union; |
| --- | --- |

3.

Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union;

| 4. | Instructs its President to forward this legislative resolution to the Council and Commission. |
| --- | --- |

4.

Instructs its President to forward this legislative resolution to the Council and Commission.

---

(1)  OJ C 45 E, 23.2.2006, p. 15.

(2)  Not yet published in OJ.

(3)  Texts Adopted,13.6.2006, P6_TA(2006)0251.

(4)  OJ C 126 E, 30.5.2006, p. 1.

(5)  Not yet published in OJ.

P6_TA(2006)0544

Financing instrument for development cooperation ***II

European Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council establishing a financing instrument for development cooperation (11944/2/2006 — C6-0357/2006 — 2004/0220(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (11944/2/2006 — C6-0357/2006), |
| --- | --- |

—

having regard to the Council common position (11944/2/2006 — C6-0357/2006),

| — | having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2004)0629) (2), |
| --- | --- |

—

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2004)0629) (2),

| — | having regard to the amended Commission proposal (COM(2004)0629/2) (3), |
| --- | --- |

—

having regard to the amended Commission proposal (COM(2004)0629/2) (3),

| — | having regard to Article 251(2) of the EC Treaty, |
| --- | --- |

—

having regard to Article 251(2) of the EC Treaty,

| — | having regard to Rule 67 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Development (A6-0448/2006); |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Development (A6-0448/2006);

| 1. | Approves the common position; |
| --- | --- |

1.

Approves the common position;

| 2. | Notes that the act is adopted in accordance with the common position; |
| --- | --- |

2.

Notes that the act is adopted in accordance with the common position;

| 3. | Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty; |
| --- | --- |

3.

Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

| 4. | Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union; |
| --- | --- |

4.

Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union;

| 5. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

5.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  Texts Adopted, 18.5.2006, P6_TA(2006)0217.

(2)  Not yet published in OJ.

(3)  Not yet published in OJ.

P6_TA(2006)0545

Community Customs Code ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council laying down the Community Customs Code (Modernized Customs Code) (COM(2005)0608 — C6-0419/2005 — 2005/0246(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0608) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0608) (1),

| — | having regard to Article 251(2) and Articles 95 and 135 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0419/2005), |
| --- | --- |

—

having regard to Article 251(2) and Articles 95 and 135 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0419/2005),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinion of the Committee on International Trade (A6-0429/2006); |
| --- | --- |

—

having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinion of the Committee on International Trade (A6-0429/2006);

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and Commission.

---

(1)  Not yet published in OJ.

P6_TC1-COD(2005)0246

Position of the European Parliament adopted at first reading on 12 December 2006 with a view to the adoption of Regulation (EC) No .../2007 of the European Parliament and of the Council laying down the Community Customs Code (Modernized Customs Code)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 26, 95, 133 and 135 thereof,

Having regard to Protocol 2 to the Act of Accession of Spain and Portugal, concerning the Canary Islands and Ceuta and Melilla, and in particular Article 9 (1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

| (1) | The Community is based upon a customs union. It is advisable, in the interests both of economic operators and the customs authorities in the Community, to assemble current customs legislation in a Community Customs Code (hereinafter called ‘the Code’). Based on the concept of an internal market, the Code should contain the general rules and procedures which ensure the implementation of the tariff and other common policy measures introduced at Community level in connection with trade in goods between the Community and countries or territories outside the customs territory of the Community, taking into account the requirements of those common policies. This should be without prejudice to specific provisions laid down in other fields as may exist or be introduced in the context, inter alia, of legislation relating to agriculture, the environment, the common commercial policy, statistics or own resources. Customs legislation should be better aligned on the provisions relating to the collection
  of import charges
  , without change to the scope of the tax provisions in force. |
| --- | --- |

(1)

The Community is based upon a customs union. It is advisable, in the interests both of economic operators and the customs authorities in the Community, to assemble current customs legislation in a Community Customs Code (hereinafter called ‘the Code’). Based on the concept of an internal market, the Code should contain the general rules and procedures which ensure the implementation of the tariff and other common policy measures introduced at Community level in connection with trade in goods between the Community and countries or territories outside the customs territory of the Community, taking into account the requirements of those common policies. This should be without prejudice to specific provisions laid down in other fields as may exist or be introduced in the context, inter alia, of legislation relating to agriculture, the environment, the common commercial policy, statistics or own resources. Customs legislation should be better aligned on the provisions relating to the collection
  of import charges
  , without change to the scope of the tax provisions in force.

| (2) | In accordance with the Communication from the Commission concerning the protection of the Community's financial interests and the Action Plan for 2004-2005 (3), it is appropriate to adapt the legal framework for the protection of the financial interests of the Community. |
| --- | --- |

(2)

In accordance with the Communication from the Commission concerning the protection of the Community's financial interests and the Action Plan for 2004-2005 (3), it is appropriate to adapt the legal framework for the protection of the financial interests of the Community.

| (3) | Council Regulation (EEC) No 2913/92 of 12 October 1992, establishing the Community Customs Code (4), was based upon integration of the customs procedures applied separately in the Member States during the 1980s. That Regulation has been repeatedly and substantially amended since its introduction, in order to address specific problems such as the protection of good faith or the taking into account of security requirements. Further amendments to the Code are necessary as a consequence of the important legal changes which have occurred in recent years, both at Community and international level, such as the expiry of the Treaty establishing the European Coal and Steel Community and the entry into force of the Act of Accession on 1 May 2004, as well as the Amendment to the International Convention on the simplification and harmonization of customs procedures (hereinafter referred to as the ‘Kyoto Convention’), the Accession of the Community to which was approved by Council Decision 2003/231/EC (5). The time has now come to streamline customs procedures and to take into account the fact that electronic declarations and processing are the rule and paper-based declarations and processing the exception. For all of these reasons, further amendment of the present Code is not sufficient; a complete overhaul is necessary. |
| --- | --- |

(3)

Council Regulation (EEC) No 2913/92 of 12 October 1992, establishing the Community Customs Code (4), was based upon integration of the customs procedures applied separately in the Member States during the 1980s. That Regulation has been repeatedly and substantially amended since its introduction, in order to address specific problems such as the protection of good faith or the taking into account of security requirements. Further amendments to the Code are necessary as a consequence of the important legal changes which have occurred in recent years, both at Community and international level, such as the expiry of the Treaty establishing the European Coal and Steel Community and the entry into force of the Act of Accession on 1 May 2004, as well as the Amendment to the International Convention on the simplification and harmonization of customs procedures (hereinafter referred to as the ‘Kyoto Convention’), the Accession of the Community to which was approved by Council Decision 2003/231/EC (5). The time has now come to streamline customs procedures and to take into account the fact that electronic declarations and processing are the rule and paper-based declarations and processing the exception. For all of these reasons, further amendment of the present Code is not sufficient; a complete overhaul is necessary.

| (4) | The facilitation of legitimate trade and the fight against fraud require simple, rapid and standard customs procedures and processes. It is therefore appropriate, in line with the Communication from the Commission on a simple and paperless environment for customs and trade (6), to simplify customs legislation, so as to allow the use of modern tools and technology and to promote further the uniform application of customs legislation, thus contributing to ensuring the basis for efficient and simple clearance procedures. Customs procedures should be merged or aligned and the number of procedures reduced to those that are economically justified, with a view to increasing the competitiveness of business. |
| --- | --- |

(4)

The facilitation of legitimate trade and the fight against fraud require simple, rapid and standard customs procedures and processes. It is therefore appropriate, in line with the Communication from the Commission on a simple and paperless environment for customs and trade (6), to simplify customs legislation, so as to allow the use of modern tools and technology and to promote further the uniform application of customs legislation, thus contributing to ensuring the basis for efficient and simple clearance procedures. Customs procedures should be merged or aligned and the number of procedures reduced to those that are economically justified, with a view to increasing the competitiveness of business.

| (5) | The completion of the internal market, the reduction of barriers to international trade and investment and the reinforced need to ensure security and safety at the external borders of the Community have transformed the role of customs, making them a central part of the globalization process and, in the monitoring and management of international trade, a catalyst to the competitiveness of countries and companies. Customs legislation should therefore reflect the new economic reality and the new role and mission of customs. |
| --- | --- |

(5)

The completion of the internal market, the reduction of barriers to international trade and investment and the reinforced need to ensure security and safety at the external borders of the Community have transformed the role of customs, making them a central part of the globalization process and, in the monitoring and management of international trade, a catalyst to the competitiveness of countries and companies. Customs legislation should therefore reflect the new economic reality and the new role and mission of customs.

| (6) | The use of Information and Communication Technology (hereinafter referred to as ‘IT’) is a key element in ensuring trade facilitation and, at the same time, the effectiveness of customs controls, thus reducing costs for business and risk for society. It is therefore necessary to establish the legal principle that all customs and trade transactions are to be handled electronically and that IT systems for customs operations offer, in each Member State, the same facilities to economic operators. |
| --- | --- |

(6)

The use of Information and Communication Technology (hereinafter referred to as ‘IT’) is a key element in ensuring trade facilitation and, at the same time, the effectiveness of customs controls, thus reducing costs for business and risk for society. It is therefore necessary to establish the legal principle that all customs and trade transactions are to be handled electronically and that IT systems for customs operations offer, in each Member State, the same facilities to economic operators.

| (7) | Such use of information and communication technologies should be accompanied by harmonisation of customs checks, which should be effective throughout the Community and should not give rise to anti-competitive behaviour at the various Community entry and exit points. |
| --- | --- |

(7)

Such use of information and communication technologies should be accompanied by harmonisation of customs checks, which should be effective throughout the Community and should not give rise to anti-competitive behaviour at the various Community entry and exit points.

| (8) | In the interests of facilitating business, while at the same time providing for the proper levels of control of goods brought into or out of the customs territory of the Community, it is appropriate that the information provided by economic operators is shared, taking account of the relevant data protection provisions, between customs authorities and with other agencies involved in that control, such as police, border guards, veterinary and environmental authorities, so that the economic operator need give the information only once (‘single window’) and that the goods are controlled by those authorities at the same time and at the same place (‘one stop shop’). |
| --- | --- |

(8)

In the interests of facilitating business, while at the same time providing for the proper levels of control of goods brought into or out of the customs territory of the Community, it is appropriate that the information provided by economic operators is shared, taking account of the relevant data protection provisions, between customs authorities and with other agencies involved in that control, such as police, border guards, veterinary and environmental authorities, so that the economic operator need give the information only once (‘single window’) and that the goods are controlled by those authorities at the same time and at the same place (‘one stop shop’).

| (9) | In the interests of facilitating
  certain types of
  business, economic operators should
  continue to
  have the right to appoint a representative in their dealings with the customs authorities.
  However, it should no longer be possible for this right of representation to be circumscribed under a law laid down by one of the Member States. Furthermore, the customs representative should be able to be granted the status of economic operator. |
| --- | --- |

(9)

In the interests of facilitating
  certain types of
  business, economic operators should
  continue to
  have the right to appoint a representative in their dealings with the customs authorities.
  However, it should no longer be possible for this right of representation to be circumscribed under a law laid down by one of the Member States. Furthermore, the customs representative should be able to be granted the status of economic operator.

| (10) | Compliant and trustworthy economic operators should, as ‘Authorized Economic Operators’, be able to take maximum advantage of widespread use of simplification and, taking account of security and safety aspects, benefit from reduced levels of customs control.
  They may thus enjoy the status of ‘customs simplification’ authorised economic operator or the status of ‘security and safety’ authorised economic operator. They may be granted one or other status, or both together. |
| --- | --- |

(10)

Compliant and trustworthy economic operators should, as ‘Authorized Economic Operators’, be able to take maximum advantage of widespread use of simplification and, taking account of security and safety aspects, benefit from reduced levels of customs control.
  They may thus enjoy the status of ‘customs simplification’ authorised economic operator or the status of ‘security and safety’ authorised economic operator. They may be granted one or other status, or both together.

| (11) | All decisions, that is official acts by the customs authorities pertaining to customs legislation and having legal effect on one or more persons, including binding information issued by those authorities, should be covered by the same rules. Any such decisions should be valid throughout the Community and be able to be annulled, amended except where stipulated, or revoked where they do not conform to the customs legislation or its interpretation. |
| --- | --- |

(11)

All decisions, that is official acts by the customs authorities pertaining to customs legislation and having legal effect on one or more persons, including binding information issued by those authorities, should be covered by the same rules. Any such decisions should be valid throughout the Community and be able to be annulled, amended except where stipulated, or revoked where they do not conform to the customs legislation or its interpretation.

| (12) | In accordance with the Charter of Fundamental Rights, it is necessary, in addition to the right of appeal against any decision taken by the customs authorities, to provide for the right of every person to be heard before any decision is taken which would adversely affect him. Such a provision within the Code should also apply to cases of post-clearance recovery and to decisions on repayment or remission claims. |
| --- | --- |

(12)

In accordance with the Charter of Fundamental Rights, it is necessary, in addition to the right of appeal against any decision taken by the customs authorities, to provide for the right of every person to be heard before any decision is taken which would adversely affect him. Such a provision within the Code should also apply to cases of post-clearance recovery and to decisions on repayment or remission claims.

| (13) | The streamlining of customs procedures within an electronic environment requires the sharing of responsibilities between the customs authorities of different Member States. It is necessary to ensure an appropriate level of effective, dissuasive and proportionate sanctions throughout the Internal Market in order to discourage any serious infringements of the customs rules and thus reduce the risk of fraud, of threats to safety and security, and to protect the financial interests of the Community. This can only be achieved through a common Community framework, which allocates jurisdiction for the imposition of penalties and delimits those penalties, in full respect of the Charter of Fundamental Rights. |
| --- | --- |

(13)

The streamlining of customs procedures within an electronic environment requires the sharing of responsibilities between the customs authorities of different Member States. It is necessary to ensure an appropriate level of effective, dissuasive and proportionate sanctions throughout the Internal Market in order to discourage any serious infringements of the customs rules and thus reduce the risk of fraud, of threats to safety and security, and to protect the financial interests of the Community. This can only be achieved through a common Community framework, which allocates jurisdiction for the imposition of penalties and delimits those penalties, in full respect of the Charter of Fundamental Rights.

| (14) | In order to secure a balance between, on the one hand, the need for customs authorities to ensure the correct application of customs legislation and, on the other, the right of economic operators to be treated fairly, the customs authorities should be granted extensive powers of control and economic operators a right of appeal. |
| --- | --- |

(14)

In order to secure a balance between, on the one hand, the need for customs authorities to ensure the correct application of customs legislation and, on the other, the right of economic operators to be treated fairly, the customs authorities should be granted extensive powers of control and economic operators a right of appeal.

| (15) | In order to minimize the occurrence of risk to the Community, its citizens and its trading partners, the harmonized application of customs controls by the Member States should be based upon a common risk management framework and an electronic system for its implementation. The establishment of a risk management framework common to all Member States should not prevent them from controlling goods by random checks. |
| --- | --- |

(15)

In order to minimize the occurrence of risk to the Community, its citizens and its trading partners, the harmonized application of customs controls by the Member States should be based upon a common risk management framework and an electronic system for its implementation. The establishment of a risk management framework common to all Member States should not prevent them from controlling goods by random checks.

| (16) | It is necessary to establish the factors on the basis of which import or export duties and other measures in respect of trade in goods are applied. It is also appropriate to lay down clear provisions for issuing proofs of origin in the Community, where the exigencies of trade so require. |
| --- | --- |

(16)

It is necessary to establish the factors on the basis of which import or export duties and other measures in respect of trade in goods are applied. It is also appropriate to lay down clear provisions for issuing proofs of origin in the Community, where the exigencies of trade so require.

| (17) | As regards the rules on preferential origin, it is appropriate, in order to expedite the decision-making process within the Community, to confer on the Commission powers for the adoption of these rules in the case of goods benefiting from preferential measures applicable to trade between the customs territory of the Community and Ceuta and Melilla. |
| --- | --- |

(17)

As regards the rules on preferential origin, it is appropriate, in order to expedite the decision-making process within the Community, to confer on the Commission powers for the adoption of these rules in the case of goods benefiting from preferential measures applicable to trade between the customs territory of the Community and Ceuta and Melilla.

| (18) | It is desirable to group together all cases of incurrence of a customs debt on importation, other than following the submission of a customs declaration for release for free circulation or temporary admission with partial relief, in order to avoid difficulties in determining the legal basis on which the customs debt was incurred. The same should apply in case of incurrence of a customs debt on exportation. |
| --- | --- |

(18)

It is desirable to group together all cases of incurrence of a customs debt on importation, other than following the submission of a customs declaration for release for free circulation or temporary admission with partial relief, in order to avoid difficulties in determining the legal basis on which the customs debt was incurred. The same should apply in case of incurrence of a customs debt on exportation.

| (19) | Since the new role of customs authorities implies the sharing of responsibilities and co-operation between inland and border customs offices, the customs debt should, in most cases, be incurred at the place where the debtor is established, as the customs office competent for this place can best supervise the activities of the person concerned. |
| --- | --- |

(19)

Since the new role of customs authorities implies the sharing of responsibilities and co-operation between inland and border customs offices, the customs debt should, in most cases, be incurred at the place where the debtor is established, as the customs office competent for this place can best supervise the activities of the person concerned.

| (20) | Furthermore, in line with the Kyoto Convention, it is appropriate to provide for a reduced number of cases where administrative co-operation between Member States is required in order to establish the place where the customs debt was incurred and to recover the duties. |
| --- | --- |

(20)

Furthermore, in line with the Kyoto Convention, it is appropriate to provide for a reduced number of cases where administrative co-operation between Member States is required in order to establish the place where the customs debt was incurred and to recover the duties.

| (21) | The rules for special procedures should allow for the use of a single guarantee for all categories of special procedures and for that guarantee to be comprehensive, covering a number of transactions. |
| --- | --- |

(21)

The rules for special procedures should allow for the use of a single guarantee for all categories of special procedures and for that guarantee to be comprehensive, covering a number of transactions.

| (22) | In order to ensure better protection of the financial interests of the Community and of the Member States, a guarantee should cover non-declared or incorrectly declared goods included in a consignment or a declaration for which it is provided. For the same reason, the undertaking of the guarantor should also cover amounts of duties which fall to be paid following post-release controls. |
| --- | --- |

(22)

In order to ensure better protection of the financial interests of the Community and of the Member States, a guarantee should cover non-declared or incorrectly declared goods included in a consignment or a declaration for which it is provided. For the same reason, the undertaking of the guarantor should also cover amounts of duties which fall to be paid following post-release controls.

| (23) | In order to safeguard the financial interests of the Community and of the Member States and to curb fraudulent practices, arrangements involving graduated measures for the application of a comprehensive guarantee are advisable. Where there is an increased risk of fraud it should be possible to prohibit temporarily the application of the comprehensive guarantee, taking account of the particular situation of the economic operators. |
| --- | --- |

(23)

In order to safeguard the financial interests of the Community and of the Member States and to curb fraudulent practices, arrangements involving graduated measures for the application of a comprehensive guarantee are advisable. Where there is an increased risk of fraud it should be possible to prohibit temporarily the application of the comprehensive guarantee, taking account of the particular situation of the economic operators.

| (24) | It is appropriate to take account of the good faith of the person concerned in cases where a customs debt is incurred through non-compliance with customs legislation and to minimize the impact of negligence on the part of the debtor. |
| --- | --- |

(24)

It is appropriate to take account of the good faith of the person concerned in cases where a customs debt is incurred through non-compliance with customs legislation and to minimize the impact of negligence on the part of the debtor.

| (25) | It is necessary to lay down the principle of how to determine the status of Community goods, the circumstances pertaining to the loss of such status, and to provide a basis for determining when this status remains unaltered in cases where goods temporarily leave the customs territory of the Community. |
| --- | --- |

(25)

It is necessary to lay down the principle of how to determine the status of Community goods, the circumstances pertaining to the loss of such status, and to provide a basis for determining when this status remains unaltered in cases where goods temporarily leave the customs territory of the Community.

| (26) | It is appropriate, where an economic operator has provided, in advance, the information necessary for risk-based controls on the admissibility of the goods, to ensure that quick release of goods is then the rule. Fiscal and trade policy controls should primarily be performed by the customs office responsible for the premises of the economic operator. |
| --- | --- |

(26)

It is appropriate, where an economic operator has provided, in advance, the information necessary for risk-based controls on the admissibility of the goods, to ensure that quick release of goods is then the rule. Fiscal and trade policy controls should primarily be performed by the customs office responsible for the premises of the economic operator.

| (27) | The rules for customs declarations should be modernized and streamlined, in particular requiring that customs declarations are, as a rule, made electronically and providing for only one type of simplified declaration. |
| --- | --- |

(27)

The rules for customs declarations should be modernized and streamlined, in particular requiring that customs declarations are, as a rule, made electronically and providing for only one type of simplified declaration.

| (28) | Since the Kyoto Convention favours the lodging, registering and checking of the customs declaration prior to the arrival of the goods and, furthermore, the dissociation of the place where the declaration is lodged from the place where the goods are physically located, it is appropriate to provide for centralized clearance at the place where the economic operator is established. Centralized clearance should include the facility for the use of simplified declarations, deferment of the date of the submission of a complete declaration and required documents, periodic declaration and deferred payment. |
| --- | --- |

(28)

Since the Kyoto Convention favours the lodging, registering and checking of the customs declaration prior to the arrival of the goods and, furthermore, the dissociation of the place where the declaration is lodged from the place where the goods are physically located, it is appropriate to provide for centralized clearance at the place where the economic operator is established. Centralized clearance should include the facility for the use of simplified declarations, deferment of the date of the submission of a complete declaration and required documents, periodic declaration and deferred payment.

| (29) | In order to contribute to ensuring neutral conditions for competition throughout the Community it is appropriate to lay down at Community level the rules governing the destruction or disposal otherwise of goods by the customs authorities, which have previously required national legislation. |
| --- | --- |

(29)

In order to contribute to ensuring neutral conditions for competition throughout the Community it is appropriate to lay down at Community level the rules governing the destruction or disposal otherwise of goods by the customs authorities, which have previously required national legislation.

| (30) | It is appropriate to provide common and simple rules for the special procedures (transit, storage, specific use and processing), supplemented by a small set of rules for each category of special procedure, in order to make the choice for the operator of the right procedure simple, to avoid errors and to reduce the number of post-release recoveries and repayments. |
| --- | --- |

(30)

It is appropriate to provide common and simple rules for the special procedures (transit, storage, specific use and processing), supplemented by a small set of rules for each category of special procedure, in order to make the choice for the operator of the right procedure simple, to avoid errors and to reduce the number of post-release recoveries and repayments.

| (31) | The granting of authorizations for several special procedures with a single guarantee and a single supervising customs office should be facilitated and there should be simple rules on the incurrence of a customs debt in these cases. The basic principle should be that goods placed under a special procedure, or the products made from them, are assessed at the time the customs debt is incurred. However, it should also be possible, where economically justified, to assess the goods at the time they were placed under a special procedure. The same principles should apply to usual forms of handling. |
| --- | --- |

(31)

The granting of authorizations for several special procedures with a single guarantee and a single supervising customs office should be facilitated and there should be simple rules on the incurrence of a customs debt in these cases. The basic principle should be that goods placed under a special procedure, or the products made from them, are assessed at the time the customs debt is incurred. However, it should also be possible, where economically justified, to assess the goods at the time they were placed under a special procedure. The same principles should apply to usual forms of handling.

| (32) | In view of the increased security-related measures introduced into the Code under Regulation (EC) No 648/2005 of the European Parliament and of the Council of 13 April 2005 amending Council Regulation (EEC) No 2913/92 establishing the Community Customs Code
   (7), the placing of goods into free zones should become a customs procedure and the goods should be subject to customs controls at entry and with regard to records. |
| --- | --- |

(32)

In view of the increased security-related measures introduced into the Code under Regulation (EC) No 648/2005 of the European Parliament and of the Council of 13 April 2005 amending Council Regulation (EEC) No 2913/92 establishing the Community Customs Code
   (7), the placing of goods into free zones should become a customs procedure and the goods should be subject to customs controls at entry and with regard to records.

| (33) | For goods placed under a specific use, a basic legal framework should be established relating to the suspension of excise duty, provided for under Council Directive 92/12/EEC of 25 February 1992, on the General Arrangements for products subject to excise duty and on the holding, movement and monitoring of such products (8), VAT at importation provided for under Articles 7(3) and 10(3) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (9), and commercial policy measures. |
| --- | --- |

(33)

For goods placed under a specific use, a basic legal framework should be established relating to the suspension of excise duty, provided for under Council Directive 92/12/EEC of 25 February 1992, on the General Arrangements for products subject to excise duty and on the holding, movement and monitoring of such products (8), VAT at importation provided for under Articles 7(3) and 10(3) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (9), and commercial policy measures.

| (34) | Given that the intention of re-exportation is no longer necessary, the inward processing suspension procedure should be merged with processing under customs control and the inward processing drawback procedure abandoned. This one inward processing procedure should also cover destruction, except where destruction is carried out by, or under the supervision of, customs. |
| --- | --- |

(34)

Given that the intention of re-exportation is no longer necessary, the inward processing suspension procedure should be merged with processing under customs control and the inward processing drawback procedure abandoned. This one inward processing procedure should also cover destruction, except where destruction is carried out by, or under the supervision of, customs.

| (35) | Security-related measures relating to Community goods brought out of the customs territory of the Community should apply equally to the re-export of non-Community goods. The same basic rules should apply to all types of goods, with the possibility of exceptions where necessary, such as for goods only transiting through the customs territory of the Community. |
| --- | --- |

(35)

Security-related measures relating to Community goods brought out of the customs territory of the Community should apply equally to the re-export of non-Community goods. The same basic rules should apply to all types of goods, with the possibility of exceptions where necessary, such as for goods only transiting through the customs territory of the Community.

| (36) | It is appropriate, in order to ensure an effective decision-making process and uniformity, to streamline mechanisms for the adoption of implementing measures, explanatory notes, guidelines and decisions of the Commission requesting the withdrawal of a decision taken by the customs authorities, as well as for the preparation of a common position in committees, working groups and panels introduced by or under international agreements dealing with customs legislation. The management procedure is most appropriate for the adoption of implementing provisions, and the consultative procedure most appropriate for the adoption of guidelines and explanatory notes. |
| --- | --- |

(36)

It is appropriate, in order to ensure an effective decision-making process and uniformity, to streamline mechanisms for the adoption of implementing measures, explanatory notes, guidelines and decisions of the Commission requesting the withdrawal of a decision taken by the customs authorities, as well as for the preparation of a common position in committees, working groups and panels introduced by or under international agreements dealing with customs legislation. The management procedure is most appropriate for the adoption of implementing provisions, and the consultative procedure most appropriate for the adoption of guidelines and explanatory notes.

| (37) | The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedure for the exercise of implementing powers conferred on the Commission (10). |
| --- | --- |

(37)

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedure for the exercise of implementing powers conferred on the Commission (10).

| (38) | It is appropriate to provide empowerment for the adoption of implementing provisions, notably where the Community accepts commitments and obligations in relation to international agreements which require the adaptation of provisions of the Code. |
| --- | --- |

(38)

It is appropriate to provide empowerment for the adoption of implementing provisions, notably where the Community accepts commitments and obligations in relation to international agreements which require the adaptation of provisions of the Code.

| (39) | In order to simplify and rationalize customs legislation, a number of provisions presently contained in autonomous Community acts have, for the sake of transparency been incorporated into the Code. The following Regulations, together with Regulation (EEC) No 2913/92, should therefore be
  repealed:








  — | Council
  Regulation (EEC) No 3925/91 of 19 December 1991 concerning the elimination of controls and formalities applicable to the cabin and hold baggage of persons taking an intra-Community flight and the baggage of persons making an intra-Community sea crossing (11), |
| --- | --- | --- |

(39)

In order to simplify and rationalize customs legislation, a number of provisions presently contained in autonomous Community acts have, for the sake of transparency been incorporated into the Code. The following Regulations, together with Regulation (EEC) No 2913/92, should therefore be
  repealed:

—

Council
  Regulation (EEC) No 3925/91 of 19 December 1991 concerning the elimination of controls and formalities applicable to the cabin and hold baggage of persons taking an intra-Community flight and the baggage of persons making an intra-Community sea crossing (11),

| — | Council Regulation (EC) No 82/2001 of 5 December 2000 concerning the definition of the concept of ‘originating products’ and methods of administrative co-operation in trade between the customs territory of the Community and Ceuta and Melilla (12), |
| --- | --- |

—

Council Regulation (EC) No 82/2001 of 5 December 2000 concerning the definition of the concept of ‘originating products’ and methods of administrative co-operation in trade between the customs territory of the Community and Ceuta and Melilla (12),

| — | Council Regulation (EC) No 1207/2001 of 11 June 2001 on procedures to facilitate the issue of movement certificates EUR.1, the making-out of invoice declarations and forms EUR.2 and the issue of certain approved exporter authorizations under the provisions governing preferential trade between the European Community and certain countries (13). |
| --- | --- |

—

Council Regulation (EC) No 1207/2001 of 11 June 2001 on procedures to facilitate the issue of movement certificates EUR.1, the making-out of invoice declarations and forms EUR.2 and the issue of certain approved exporter authorizations under the provisions governing preferential trade between the European Community and certain countries (13).

| (40) | In accordance with the principle of proportionality, it is necessary, and appropriate for the effective functioning of the Customs Union as a central pillar of the internal market, to lay down rules and procedures applicable to goods brought into or out of the customs territory of the Community. This Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with the third paragraph of Article 5 of the Treaty, |
| --- | --- |

(40)

In accordance with the principle of proportionality, it is necessary, and appropriate for the effective functioning of the Customs Union as a central pillar of the internal market, to lay down rules and procedures applicable to goods brought into or out of the customs territory of the Community. This Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with the third paragraph of Article 5 of the Treaty,

HAVE ADOPTED THIS REGULATION:

TITLE I

GENERAL PROVISIONS

CHAPTER 1

SCOPE OF CUSTOMS LEGISLATION, MISSION OF CUSTOMS AND DEFINITIONS

Article 1

Subject matter and scope

This regulation establishes the Community Customs Code, hereinafter ‘the Code’, laying down the general rules and procedures applicable to goods brought into or out of the customs territory of the Community.

The Code shall apply uniformly throughout the customs territory of the Community without prejudice to legislation in other fields pertaining to such trade.

Article 2

Mission of customs authorities

Customs authorities shall be responsible for
  the supervision of
  the Community's
  international trade
  , thereby contributing to open trade, to the implementation of the external aspects of the internal market
  , of the common trade policy
  and of
  the other
  common Community policies with a bearing on trade, as well as to overall supply chain security. These tasks shall include the following:

| (a) | protecting the financial interests of the Community and its Member States; |
| --- | --- |

(a)

protecting the financial interests of the Community and its Member States;

| (b) | protecting the Community from unfair and illegal trade while supporting legitimate business activity; |
| --- | --- |

(b)

protecting the Community from unfair and illegal trade while supporting legitimate business activity;

| (c) | ensuring the security and safety of citizens, and the environment, where appropriate in close co-operation with other authorities; |
| --- | --- |

(c)

ensuring the security and safety of citizens, and the environment, where appropriate in close co-operation with other authorities;

| (d) | maintaining a proper balance between customs controls and facilitation of legitimate
  trade. |
| --- | --- |

(d)

maintaining a proper balance between customs controls and facilitation of legitimate
  trade.

Article 3

Customs territory

1.   The customs territory of the Community shall comprise the following territories, including their territorial waters, internal waters and airspace:

| — | the territory of the Kingdom of Belgium; |
| --- | --- |

—

the territory of the Kingdom of Belgium;

| — | the territory of the Czech Republic; |
| --- | --- |

—

the territory of the Czech Republic;

| — | the territory of the Kingdom of Denmark, except the Faeroe Islands and Greenland; |
| --- | --- |

—

the territory of the Kingdom of Denmark, except the Faeroe Islands and Greenland;

| — | the territory of the Federal Republic of Germany, except the Island of Heligoland and the territory of Buesingen (Treaty of 23 November 1964 between the Federal Republic of Germany and the Swiss Confederation); |
| --- | --- |

—

the territory of the Federal Republic of Germany, except the Island of Heligoland and the territory of Buesingen (Treaty of 23 November 1964 between the Federal Republic of Germany and the Swiss Confederation);

| — | the territory of the Republic of Estonia; |
| --- | --- |

—

the territory of the Republic of Estonia;

| — | the territory of the Hellenic Republic; |
| --- | --- |

—

the territory of the Hellenic Republic;

| — | the territory of the Kingdom of Spain, except Ceuta and Melilla; |
| --- | --- |

—

the territory of the Kingdom of Spain, except Ceuta and Melilla;

| — | the territory of the French Republic, except New Caledonia, Mayotte, Saint-Pierre and Miquelon, Wallis and Futuna Islands and French Polynesia; |
| --- | --- |

—

the territory of the French Republic, except New Caledonia, Mayotte, Saint-Pierre and Miquelon, Wallis and Futuna Islands and French Polynesia;

| — | the territory of Ireland; |
| --- | --- |

—

the territory of Ireland;

| — | the territory of the Italian Republic, except the municipalities of Livigno and Campione d'Italia and the national waters of Lake Lugano which are between the bank and the political frontier of the area between Ponte Tresa and Porto Ceresio; |
| --- | --- |

—

the territory of the Italian Republic, except the municipalities of Livigno and Campione d'Italia and the national waters of Lake Lugano which are between the bank and the political frontier of the area between Ponte Tresa and Porto Ceresio;

| — | the territory of the Republic of Cyprus, in accordance with the provisions of the Act of Accession; |
| --- | --- |

—

the territory of the Republic of Cyprus, in accordance with the provisions of the Act of Accession;

| — | the territory of the Republic of Latvia; |
| --- | --- |

—

the territory of the Republic of Latvia;

| — | the territory of the Republic of Lithuania; |
| --- | --- |

—

the territory of the Republic of Lithuania;

| — | the territory of the Grand Duchy of Luxembourg; |
| --- | --- |

—

the territory of the Grand Duchy of Luxembourg;

| — | the territory of the Republic of Hungary; |
| --- | --- |

—

the territory of the Republic of Hungary;

| — | the territory of the Republic of Malta; |
| --- | --- |

—

the territory of the Republic of Malta;

| — | the territory of the Kingdom of the Netherlands in Europe; |
| --- | --- |

—

the territory of the Kingdom of the Netherlands in Europe;

| — | the territory of the Republic of Austria; |
| --- | --- |

—

the territory of the Republic of Austria;

| — | the territory of the Republic of Poland; |
| --- | --- |

—

the territory of the Republic of Poland;

| — | the territory of the Portuguese Republic; |
| --- | --- |

—

the territory of the Portuguese Republic;

| — | the territory of the Republic of Slovenia; |
| --- | --- |

—

the territory of the Republic of Slovenia;

| — | the territory of the Slovak Republic; |
| --- | --- |

—

the territory of the Slovak Republic;

| — | the territory of the Republic of Finland; |
| --- | --- |

—

the territory of the Republic of Finland;

| — | the territory of the Kingdom of Sweden; |
| --- | --- |

—

the territory of the Kingdom of Sweden;

| — | the territory of the United Kingdom of Great Britain and Northern Ireland and of the Channel Islands and the Isle of Man. |
| --- | --- |

—

the territory of the United Kingdom of Great Britain and Northern Ireland and of the Channel Islands and the Isle of Man.

2.   The following territories, including their territorial waters, internal waters and airspace, situated outside the territory of the Member States shall, taking the conventions and treaties applicable to them into account, be considered to be part of the customs territory of the Community:

| (a) | FRANCE
  The territory of Monaco as defined in the Customs Convention signed in Paris on 18 May 1963 (Official Journal of the French Republic of 27 September 1963, p. 8679); |
| --- | --- |

(a)

FRANCE

The territory of Monaco as defined in the Customs Convention signed in Paris on 18 May 1963 (Official Journal of the French Republic of 27 September 1963, p. 8679);

| (b) | CYPRUS
  The territory of the United Kingdom Sovereign Base Areas of Akrotiri and Dhekelia as defined in the Treaty concerning the Establishment of the Republic of Cyprus, signed in Nicosia on 16 August 1960 (United Kingdom Treaty Series No 4 (1961) Cmnd. 1252). |
| --- | --- |

(b)

CYPRUS

The territory of the United Kingdom Sovereign Base Areas of Akrotiri and Dhekelia as defined in the Treaty concerning the Establishment of the Republic of Cyprus, signed in Nicosia on 16 August 1960 (United Kingdom Treaty Series No 4 (1961) Cmnd. 1252).

3.   Certain provisions of the customs legislation may apply outside the customs territory of the Community within the framework of legislation governing specific fields or of international conventions.

Article 4

Definitions

For the purposes of the Code, the following definitions shall apply:

| (1) | ‘Customs authorities’ means the customs administrations of the Member States responsible for applying the customs legislation and any other authorities empowered under national law to apply certain customs legislation. |
| --- | --- |

(1)

‘Customs authorities’ means the customs administrations of the Member States responsible for applying the customs legislation and any other authorities empowered under national law to apply certain customs legislation.

| (2) | ‘Customs legislation’ means the body of legislation made up of the following:






  (a) | the Code and the provisions adopted at Community level and, where appropriate, at national level, to implement it; |
| --- | --- | --- |

(2)

‘Customs legislation’ means the body of legislation made up of the following:

(a)

the Code and the provisions adopted at Community level and, where appropriate, at national level, to implement it;

| (b) | the Common Customs Tariff; |
| --- | --- |

(b)

the Common Customs Tariff;

| (c) | international agreements containing customs provisions, in so far as they are applicable in the Community. |
| --- | --- |

(c)

international agreements containing customs provisions, in so far as they are applicable in the Community.

| (3) | ‘Person’ means natural persons, legal persons, and any association of persons which is not a legal person but which is recognized under Community or national law as having the capacity to perform legal acts. |
| --- | --- |

(3)

‘Person’ means natural persons, legal persons, and any association of persons which is not a legal person but which is recognized under Community or national law as having the capacity to perform legal acts.

| (4) | ‘Economic operator’ means a person who
  , in the course of his business, is involved
  in
  activities covered by
  customs
  legislation
  . |
| --- | --- |

(4)

‘Economic operator’ means a person who
  , in the course of his business, is involved
  in
  activities covered by
  customs
  legislation
  .

| (5) | ‘Customs representative’ means any person established on the territory of the EU who provides customs services to third parties. |
| --- | --- |

(5)

‘Customs representative’ means any person established on the territory of the EU who provides customs services to third parties.

| (6) | ‘Risk’ means the likelihood of an event that may occur, with regard to the entry, exit, transit, transfer or end-use of goods moved between the customs territory of the Community and countries or territories outside that territory and to the presence of goods which do not have Community status, which would have any of the following results:






  (a) | it would prevent the correct application of Community or national measures; |
| --- | --- | --- |

(6)

‘Risk’ means the likelihood of an event that may occur, with regard to the entry, exit, transit, transfer or end-use of goods moved between the customs territory of the Community and countries or territories outside that territory and to the presence of goods which do not have Community status, which would have any of the following results:

(a)

it would prevent the correct application of Community or national measures;

| (b) | it would compromise the financial interests of the Community and its Member States; |
| --- | --- |

(b)

it would compromise the financial interests of the Community and its Member States;

| (c) | it would pose a threat to the security and safety of the Community and its citizens, to human, animal or plant health, to the environment or to consumers. |
| --- | --- |

(c)

it would pose a threat to the security and safety of the Community and its citizens, to human, animal or plant health, to the environment or to consumers.

| (7) | ‘Customs controls’ means specific acts performed by the customs authorities pursuant to Articles 27 to 30. |
| --- | --- |

(7)

‘Customs controls’ means specific acts performed by the customs authorities pursuant to Articles 27 to 30.

| (8) | ‘Summary declaration’ means a declaration to be made before goods are brought into or out of the customs territory of the Community. |
| --- | --- |

(8)

‘Summary declaration’ means a declaration to be made before goods are brought into or out of the customs territory of the Community.

| (9) | ‘Customs declaration’ means the act whereby a person indicates in the prescribed form and manner a wish to place goods under a given customs procedure, with an indication, where appropriate, of the specific arrangement to be applied. |
| --- | --- |

(9)

‘Customs declaration’ means the act whereby a person indicates in the prescribed form and manner a wish to place goods under a given customs procedure, with an indication, where appropriate, of the specific arrangement to be applied.

| (10) | ‘Declarant’ means the person making a summary declaration or a customs declaration in his own name or the person in whose name a customs declaration is made. |
| --- | --- |

(10)

‘Declarant’ means the person making a summary declaration or a customs declaration in his own name or the person in whose name a customs declaration is made.

| (11) | ‘Customs procedure’ means any of the following procedures under which goods may be placed in accordance with this Code:






  (a) | release for free circulation; |
| --- | --- | --- |

(11)

‘Customs procedure’ means any of the following procedures under which goods may be placed in accordance with this Code:

(a)

release for free circulation;

| (b) | special procedures; |
| --- | --- |

(b)

special procedures;

| (c) | export. |
| --- | --- |

(c)

export.

| (12) | ‘Import duties’ means customs duties as laid down in the Common Customs Tariff, payable on the importation of goods. |
| --- | --- |

(12)

‘Import duties’ means customs duties as laid down in the Common Customs Tariff, payable on the importation of goods.

| (13) | ‘Export duties’ means customs duties as laid down in the Common Customs Tariff, payable on the exportation of goods. |
| --- | --- |

(13)

‘Export duties’ means customs duties as laid down in the Common Customs Tariff, payable on the exportation of goods.

| (14) | ‘Non-Community goods’ means goods other than those referred to in point (20) or which have lost their status as Community goods. |
| --- | --- |

(14)

‘Non-Community goods’ means goods other than those referred to in point (20) or which have lost their status as Community goods.

| (15) | ‘Risk management’ means the systematic identification of risk and the implementation of all measures necessary for limiting exposure to risk. |
| --- | --- |

(15)

‘Risk management’ means the systematic identification of risk and the implementation of all measures necessary for limiting exposure to risk.

| (16) | ‘Release of goods’ means the act whereby the customs authorities make goods available for the purposes specified for the customs procedure under which they are placed. |
| --- | --- |

(16)

‘Release of goods’ means the act whereby the customs authorities make goods available for the purposes specified for the customs procedure under which they are placed.

| (17) | ‘Customs supervision’ means action taken in general by the customs authorities with a view to ensuring that customs legislation and, where appropriate, other provisions applicable to goods subject to such action are observed. |
| --- | --- |

(17)

‘Customs supervision’ means action taken in general by the customs authorities with a view to ensuring that customs legislation and, where appropriate, other provisions applicable to goods subject to such action are observed.

| (18) | ‘Drawback’ means the repayment or remission of import duties on goods released for free circulation if such goods are exported from the customs territory of the Community in an unaltered state or in the form of processed products. |
| --- | --- |

(18)

‘Drawback’ means the repayment or remission of import duties on goods released for free circulation if such goods are exported from the customs territory of the Community in an unaltered state or in the form of processed products.

| (19) | ‘Processed products’ means goods placed under a processing procedure which have undergone processing operations. |
| --- | --- |

(19)

‘Processed products’ means goods placed under a processing procedure which have undergone processing operations.

| (20) | ‘Person established in the customs territory of the Community’ means:






  (a) | in the case of a natural person, any person who has his habitual residence in the customs territory of the Community; |
| --- | --- | --- |

(20)

‘Person established in the customs territory of the Community’ means:

(a)

in the case of a natural person, any person who has his habitual residence in the customs territory of the Community;

| (b) | in the case of a legal person or an association of persons, any person who has his registered office, central headquarters or a permanent business establishment in the customs territory of the Community. |
| --- | --- |

(b)

in the case of a legal person or an association of persons, any person who has his registered office, central headquarters or a permanent business establishment in the customs territory of the Community.

| (21) | ‘Customs status’ means the status of goods as Community or non-Community goods. |
| --- | --- |

(21)

‘Customs status’ means the status of goods as Community or non-Community goods.

| (22) | ‘Community goods’ means goods which fall into any of the following categories:






  (a) | goods wholly obtained in the customs territory of the Community and not incorporating goods imported from countries or territories outside of the customs territory of the Community; |
| --- | --- | --- |

(22)

‘Community goods’ means goods which fall into any of the following categories:

(a)

goods wholly obtained in the customs territory of the Community and not incorporating goods imported from countries or territories outside of the customs territory of the Community;

| (b) | goods imported from countries or territories outside of the customs territory of the Community and released for free circulation; |
| --- | --- |

(b)

goods imported from countries or territories outside of the customs territory of the Community and released for free circulation;

| (c) | goods obtained or produced in the customs territory of the Community, either solely from goods referred to in point (b) or from goods referred to in points (a) and (b). |
| --- | --- |

(c)

goods obtained or produced in the customs territory of the Community, either solely from goods referred to in point (b) or from goods referred to in points (a) and (b).

| (23) | ‘Presentation of goods to customs’ means the notification to the customs authorities of the arrival of goods at the customs office or at any other place designated or approved by the customs authorities and the availability of those goods for customs controls. |
| --- | --- |

(23)

‘Presentation of goods to customs’ means the notification to the customs authorities of the arrival of goods at the customs office or at any other place designated or approved by the customs authorities and the availability of those goods for customs controls.

| (24) | ‘Holder of the goods’ means the person who is the owner of the goods or who has a similar right of disposal over them or who has physical control of them. |
| --- | --- |

(24)

‘Holder of the goods’ means the person who is the owner of the goods or who has a similar right of disposal over them or who has physical control of them.

| (25) | ‘Holder of the procedure’ means the person who makes the declaration, or on whose behalf the customs declaration is made, or the person to whom the rights and obligations of that person in respect of a customs procedure have been transferred. |
| --- | --- |

(25)

‘Holder of the procedure’ means the person who makes the declaration, or on whose behalf the customs declaration is made, or the person to whom the rights and obligations of that person in respect of a customs procedure have been transferred.

| (26) | ‘Commercial policy measures’ means non-tariff measures established, as part of the common commercial policy, in the form of Community provisions governing the import and export of goods. |
| --- | --- |

(26)

‘Commercial policy measures’ means non-tariff measures established, as part of the common commercial policy, in the form of Community provisions governing the import and export of goods.

| (27) | ‘Processing operations’ means any of the following:






  (a) | the working of goods, including erecting or assembling them or fitting them to other goods; |
| --- | --- | --- |

(27)

‘Processing operations’ means any of the following:

(a)

the working of goods, including erecting or assembling them or fitting them to other goods;

| (b) | the processing of goods; |
| --- | --- |

(b)

the processing of goods;

| (c) | the destruction of goods; |
| --- | --- |

(c)

the destruction of goods;

| (d) | the repair of goods, including restoring them and putting them in order; |
| --- | --- |

(d)

the repair of goods, including restoring them and putting them in order;

| (e) | the use of goods which are not to be found in the processed products, but which allow or facilitate the production of those products, even if they are entirely or partially used up in the process (production accessories). |
| --- | --- |

(e)

the use of goods which are not to be found in the processed products, but which allow or facilitate the production of those products, even if they are entirely or partially used up in the process (production accessories).

| (28) | ‘Rate of yield’ means the quantity or percentage of processed products obtained from the processing of a given quantity of goods placed under a processing procedure. |
| --- | --- |

(28)

‘Rate of yield’ means the quantity or percentage of processed products obtained from the processing of a given quantity of goods placed under a processing procedure.

CHAPTER 2

RIGHTS AND OBLIGATIONS OF PERSONS WITH REGARD TO CUSTOMS LEGISLATION

Section 1

Provision of information

Article 5

Exchange of data

1.   All required exchanges of data, accompanying documents, decisions and notifications between customs authorities and between economic operators and customs authorities shall be made using electronic data processing techniques.

The Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by means of measures
  laying down exceptions to the first subparagraph of this paragraph.

2.   Save where otherwise specifically provided, the Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the following:

| (a) | the rules defining and governing the messages to be exchanged between customs offices, as required for the application of the customs legislation; |
| --- | --- |

(a)

the rules defining and governing the messages to be exchanged between customs offices, as required for the application of the customs legislation;

| (b) | a common data set and format of the data messages to be exchanged under the customs legislation. |
| --- | --- |

(b)

a common data set and format of the data messages to be exchanged under the customs legislation.

The data referred to in point (b) of the first subparagraph shall contain the particulars necessary for risk analysis and the proper application of customs controls, using, where appropriate, international standards and commercial practices.

The systems necessary for the electronic exchange of data between customs offices in accordance with paragraph 1 shall be in place by 30 June 2009, at the latest.

Article 6

Data protection

1.   All information acquired by the customs authorities in the course of performing their duties which is by its nature confidential or which is provided on a confidential basis shall be covered by the obligation of professional secrecy. Except for the purposes of customs controls as provided for under Article 28(2), such information shall not be disclosed by the competent authorities without the express permission of the person or authority who provided it.

Such information may, however, be disclosed without permission where the competent authorities are obliged or authorized to do so pursuant to the provisions in force, particularly in respect of data protection, or in connection with legal proceedings.

2.   Communication of confidential data to the customs administrations and other bodies of countries or territories outside the customs territory of the Community shall be permitted only in the framework of an international agreement, ensuring an equivalent level of data protection.

The disclosure or communication of information shall take place in full compliance with data protection provisions in force.

Article 7

Exchange of additional information between customs authorities and economic operators

1.   Customs authorities and economic operators may exchange any information not specifically required under the customs legislation, for the purpose of mutual co-operation in the identification and counteraction of risk. That exchange may take place under a written agreement and may include access to the computer systems of economic operators by the customs authorities.

2.   Any information provided by one party to the other in the course of the co-operation referred to in paragraph 1 shall be confidential unless both parties agree otherwise.

Article 8

Provision of information by the customs authorities

1.   Any person may request information concerning the application of customs legislation from the customs authorities. Such a request may be refused where it does not relate to an import or export operation actually envisaged.

2.   Customs administrations shall maintain a regular dialogue with economic operators and other authorities involved in international trade in goods. They shall promote transparency by making the legislation, administrative rulings and application forms pertaining to international trade in goods available to economic operators free of charge and, wherever practical, through the Internet.

Article 9

Provision of information to the customs authorities

1.   Any person directly or indirectly involved in the accomplishment of customs formalities shall provide the customs authorities with all the requisite documents and information, irrespective of the medium used, and all the requisite assistance, at the request of the customs authorities and within any time limit specified.

2.   Without prejudice to the possible application
  of penalties
  , the lodging of a summary declaration or customs declaration, including a simplified declaration, or notification, or the submission of an application for an authorization or any other decision, shall render the person concerned responsible for the following:

| (a) | the accuracy of the information given in the declaration, notification or application, or in any other relevant form; |
| --- | --- |

(a)

the accuracy of the information given in the declaration, notification or application, or in any other relevant form;

| (b) | the authenticity of any documents lodged or made available; |
| --- | --- |

(b)

the authenticity of any documents lodged or made available;

| (c) | where applicable, compliance with all of the obligations relating to the placing of the goods in question under the procedure concerned, or to the conduct of the authorized operations. |
| --- | --- |

(c)

where applicable, compliance with all of the obligations relating to the placing of the goods in question under the procedure concerned, or to the conduct of the authorized operations.

The first subparagraph shall apply also to the provision of any information required by the customs authorities.

Where the declaration or notification is lodged, the application is submitted or requested information is provided by a representative of the person concerned, the representative shall also be bound by the obligations set out in first subparagraph.

Article 10

Common data system

Member States shall co-operate with the Commission with a view to developing, maintaining and employing an electronic system for the common registration and maintenance of records of the following:

| (a) | all persons directly or indirectly involved in the accomplishment of customs formalities; |
| --- | --- |

(a)

all persons directly or indirectly involved in the accomplishment of customs formalities;

| (b) | any authorization concerning a customs procedure or the status of Authorized Economic Operator. |
| --- | --- |

(b)

any authorization concerning a customs procedure or the status of Authorized Economic Operator.

The data shall be accessible to the customs administrations of the Member States in the course of their duties and, in accordance with the rules referred to in the third paragraph, to economic operators.

The Commission shall, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down the standard form and content of the data to be registered and the rules for access to that data.

Section 2

Customs representation

Article 11

Customs representative

1.   Any person may appoint a representative in his dealings with the customs authorities to perform the acts and formalities laid down in the customs legislation, hereinafter a ‘customs representative’.

Such customs representation may be either direct, in which case the customs representative shall act in the name of and on behalf of another person, or indirect, in which case the customs representative shall act in his own name but on behalf of another person.

2.   A customs representative must be established within the customs territory of the Community.

The Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down the conditions under which the requirement referred to in the first subparagraph of this paragraph may be waived.

3.
     
  The status of customs representative shall be subject to the following criteria:

| — | it shall be open to all persons making application for the status, |
| --- | --- |

—

it shall be open to all persons making application for the status,

| — | it shall be managed by a government body in the Member State, |
| --- | --- |

—

it shall be managed by a government body in the Member State,

| — | it shall be recognized in all Member States when it has been registered in the Member State of application, |
| --- | --- |

—

it shall be recognized in all Member States when it has been registered in the Member State of application,

| — | it shall be subject to practical standards of competent or professional qualifications directly linked to the activity carried out. |
| --- | --- |

—

it shall be subject to practical standards of competent or professional qualifications directly linked to the activity carried out.

There shall be no numeric limit on the number of customs representatives in the EU.

A person with the status of customs representative and with the status of authorised economic operator shall be able to benefit from all simplifications.

4.
     
  Without prejudice to the provisions of paragraph 3, any person pursuing a commercial activity shall be authorised to address the customs authorities, without being obliged to be represented by a customs representative.

Article 12

Empowerment

1.   When dealing with the customs authorities, a customs representative shall state that he is acting on behalf of the person represented and specify whether the customs representation is direct or indirect.

A person who fails to state that he is acting in the name of or on behalf of another person or who states that he is acting in the name of or on behalf of another person without being empowered to do so shall be deemed to be acting in his own name and on his own behalf.

2.   The customs authorities may require any person stating that he is acting in the name of or on behalf of another person to produce evidence of his powers to act as a customs representative, except where a person belongs to a category of persons entitled to act on behalf of another person.

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures identifying the categories of persons referred to in the first subparagraph of this paragraph.

Article 13

Customs representation and authorised economic operator status

1.   Where a person acts as a customs representative on a regular and commercial basis, he may be granted the status of ‘authorized economic operator’ in accordance with Article 14.

2.   A customs representative may act as a fiscal representative, as provided for under value added tax, hereinafter ‘VAT’, and excise provisions in force.

Section 3

Authorized Economic Operator

Article 14

Application and authorization

1.   A person who is established in the customs territory of the Community and who meets the conditions set out in Articles 15 and 16 may request the status of authorized economic operator.

The customs authorities shall, if necessary following consultation with other competent authorities, grant that status, which shall be subject to periodic review.

2.   
  The status of
  authorized economic operator
  covers two types of authorisation: that of ‘customs simplification’ authorised economic operator and that of ‘security and safety’ authorised economic operator.

The first authorisation enables economic operators to benefit from certain simplifications in accordance with this Code or its implementing provisions. Under the second authorisation the holder thereof is entitled to facilitations relating to security and safety.

Both authorisations may be held at the same time.

3.   The status of authorized economic operator shall, subject to Articles 15 and 16, be recognized by the customs authorities in all Member States, without prejudice to customs
  controls
  .

4.   Customs authorities shall, on the basis of the recognition of the status of authorized economic operator and provided that the requirements related to a specific type of simplification provided for in Community customs legislation are fulfilled, authorize the operator to benefit from that simplification.

5.   The status of authorized economic operator may be suspended or withdrawn in accordance with the conditions laid down pursuant to point (h) of Article 16.

6.   The authorized economic operator shall notify the customs authorities of all factors arising after that status was granted which may influence its continuation or content.

Article 15

Granting of status

The criteria for the granting of the status of authorized economic operator shall be at least the following:

| (a) | an appropriate record of compliance with customs
  and fiscal
  requirements; |
| --- | --- |

(a)

an appropriate record of compliance with customs
  and fiscal
  requirements;

| (b) | a satisfactory system of managing commercial and, where appropriate, transport records, which allows appropriate customs controls; |
| --- | --- |

(b)

a satisfactory system of managing commercial and, where appropriate, transport records, which allows appropriate customs controls;

| (c) | where appropriate, proven financial solvency; |
| --- | --- |

(c)

where appropriate, proven financial solvency;

| (d) | pursuant to Article 14(2), in cases where an authorised economic operator wishes to take advantage of the simplifications provided for in accordance with this Code or its implementing provisions
  , practical standards of competence or professional qualifications directly related to the activity carried out; |
| --- | --- |

(d)

pursuant to Article 14(2), in cases where an authorised economic operator wishes to take advantage of the simplifications provided for in accordance with this Code or its implementing provisions
  , practical standards of competence or professional qualifications directly related to the activity carried out;

| (e) | pursuant to Article 14(2), in cases where an authorised economic operator wishes to take advantage of facilitations with regard to customs checks relating to security and safety
  , appropriate security and safety standards. |
| --- | --- |

(e)

pursuant to Article 14(2), in cases where an authorised economic operator wishes to take advantage of facilitations with regard to customs checks relating to security and safety
  , appropriate security and safety standards.

Article 16

Implementing measures

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures governing the following matters:

| (a) | the granting of the status of authorized economic operator; |
| --- | --- |

(a)

the granting of the status of authorized economic operator;

| (b) | the frequency of review of the status of authorized economic operator; |
| --- | --- |

(b)

the frequency of review of the status of authorized economic operator;

| (c) | the granting of authorizations for the use of simplifications; |
| --- | --- |

(c)

the granting of authorizations for the use of simplifications;

| (d) | identification of the customs authority competent for the granting of such status and authorizations; |
| --- | --- |

(d)

identification of the customs authority competent for the granting of such status and authorizations;

| (e) | the type and extent of facilitations that may be granted in respect of customs controls relating to security and
  safety
  ; |
| --- | --- |

(e)

the type and extent of facilitations that may be granted in respect of customs controls relating to security and
  safety
  ;

| (f) | consultation with and provision of information to other customs authorities; |
| --- | --- |

(f)

consultation with and provision of information to other customs authorities;

| (g) | the conditions under which a request made by the applicant for an authorization may be limited to one or more Member States; |
| --- | --- |

(g)

the conditions under which a request made by the applicant for an authorization may be limited to one or more Member States;

| (h) | the conditions under which the status of authorized economic operator may be suspended or revoked; |
| --- | --- |

(h)

the conditions under which the status of authorized economic operator may be suspended or revoked;

| (i) | the conditions under which the requirement of being established in the Community may be waived for specific categories of authorized economic operators, taking into account, in particular, international agreements. |
| --- | --- |

(i)

the conditions under which the requirement of being established in the Community may be waived for specific categories of authorized economic operators, taking into account, in particular, international agreements.

Section 4

Decisions relating to the application of customs legislation

Article 17

General provisions

1.   Where a person requests that the customs authorities take a decision, that person shall supply all the information required by those authorities in order for them to be able to take that decision.

A decision may also be requested by, and taken with regard to, several persons.

2.   A decision as referred to in paragraph 1 shall be taken, and the applicant notified, at the latest within two months of the date on which the request is received by the customs authorities, except where otherwise provided for in the customs legislation.

However, where the customs authorities are unable to comply with those time limits, they shall inform the applicant of that fact before the expiry of those time limits, stating the reasons and indicating the further period of time which they consider necessary in order to give a decision on the request.

3.   Unless otherwise specified in the decision or in the customs legislation, the decision shall take effect from the date on which the applicant receives the decision, or is deemed to have received it. Except in the cases provided for in Article 25(2), decisions adopted shall be enforceable by the customs authorities from that date.

4.   Before taking a decision which would adversely affect the person or persons to whom it is addressed, the customs authorities shall communicate their objections to the latter, stating the grounds on which they base those objections. The person concerned shall be given the opportunity to express his point of view, within a period from the date on which the objections were sent.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the period referred to in the first subparagraph of this paragraph.

Upon expiry of this period, the person concerned shall be notified, in the appropriate form, of the decision, which shall set out the grounds on which it is based.

The requirement to communicate objections before a decision is taken which would adversely affect the person to whom it is addressed, shall also apply to decisions taken by the customs authorities without prior request from the person concerned and in particular to the notification of a customs debt as set out in Article 72(3).

The decision shall refer to the right of appeal provided for in Article 24.

5.   Without prejudice to provisions laid down in other fields which specify the cases in which, and the conditions under which, decisions are invalid or become null and void, the customs authorities who issued a decision may annul, amend or revoke it where it does not conform with the customs legislation or with guidelines or explanatory notes for its interpretation.

Article 18

Community-wide validity of decisions

Unless otherwise requested or specified, decisions taken by the customs authorities shall be valid throughout the customs territory of the Community.

Article 19

Annulment of favourable decisions

1.   The customs authorities shall annul a decision favourable to the person to whom it is addressed if all the following conditions are satisfied:

| (a) | the decision was issued on the basis of incorrect or incomplete information; |
| --- | --- |

(a)

the decision was issued on the basis of incorrect or incomplete information;

| (b) | the applicant knew or ought reasonably to have known that the information was incorrect or incomplete; |
| --- | --- |

(b)

the applicant knew or ought reasonably to have known that the information was incorrect or incomplete;

| (c) | if the information had been correct and complete, the decision would have been different. |
| --- | --- |

(c)

if the information had been correct and complete, the decision would have been different.

2.   The person to whom the decision was addressed shall be notified of its annulment.

3.   Annulment shall take effect from the date on which the initial decision took effect, unless otherwise specified.

4.   The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of paragraphs 1, 2 and 3 of this Article, in particular in respect of decisions addressed to several persons.

Article 20

Revocation and amendment of favourable decisions

1.   A favourable decision shall be revoked or amended where, in cases other than those referred to in Article 19, one or more of the conditions laid down for its issue were not or are no longer fulfilled.

2.   Unless otherwise specified in the customs legislation, a favourable decision addressed to several persons may be revoked only in respect of a person who fails to fulfil an obligation imposed under that decision.

3.   The person to whom the decision was addressed shall be notified of its revocation or amendment.

4.   The revocation or amendment of the decision shall take effect from the date on which the notification of the revocation or amendment is received, or is deemed to have been received, by the person to whom it was addressed.

However, in exceptional cases where the legitimate interests of the person to whom the decision was addressed so require, the customs authorities may defer the date on which revocation or amendment takes effect.

5.   The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of paragraphs 1 to 4 of this Article, in particular in respect of decisions addressed to several persons.

Article 21

Special decisions

1.   The customs authorities shall, on request, issue decisions specifying binding tariff information, hereinafter ‘BTI decisions’, or decisions specifying binding origin information, hereinafter ‘BOI decisions’.

Such a request may be refused where it does not relate to any customs procedure actually envisaged.

2.   BTI or BOI decisions shall be binding only in respect of the tariff classification or determination of the origin of goods.

They shall be binding on the customs authorities, as against the person to whom the decision was addressed, only in respect of goods for which customs formalities are completed after the date of the decision.

They shall be binding on the person addressed, as against the customs authorities, only with effect from the date on which he receives, or is deemed to have received, notification of the decision.

3.   BTI or BOI decisions shall be valid for a period of three years from the date specified in the decision.

4.   For the application of a BTI or BOI decision in the context of a particular customs procedure, the person to whom that decision is addressed must be able to prove that:

| (a) | in the case of a BTI decision, the goods declared correspond in every respect to those described in the decision; |
| --- | --- |

(a)

in the case of a BTI decision, the goods declared correspond in every respect to those described in the decision;

| (b) | in the case of a BOI decision, the goods in question and the circumstances determining the acquisition of origin correspond in every respect to the goods and the circumstances described in the decision. |
| --- | --- |

(b)

in the case of a BOI decision, the goods in question and the circumstances determining the acquisition of origin correspond in every respect to the goods and the circumstances described in the decision.

5.   By way of derogation from Article 17(5) and Article 19, BTI or BOI decisions shall be annulled where they are based on inaccurate or incomplete information from the applicants.

6.   BTI or BOI decisions shall be revoked in accordance with Article 17(5) and Article 20.

They may not be amended.

7.   Notwithstanding Article 20, the Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the following:

| (a) | the conditions under which, and the moment when, the BTI or BOI decision ceases to be valid; |
| --- | --- |

(a)

the conditions under which, and the moment when, the BTI or BOI decision ceases to be valid;

| (b) | the conditions under which, and the period of time for which, a decision as referred to in point (a) may still be used in respect of binding contracts based upon the decision and concluded before the expiry of its validity. |
| --- | --- |

(b)

the conditions under which, and the period of time for which, a decision as referred to in point (a) may still be used in respect of binding contracts based upon the decision and concluded before the expiry of its validity.

8.   The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the conditions under which other special decisions are to be issued.

Section 5

Customs penalties

Article 22

Customs penalties

1.   Each Member State shall provide
  for penalties
  for failure to comply with Community customs legislation. Such penalties shall be effective, proportionate and dissuasive.

2.   Administrative penalties shall take one of the following forms, or both:

| (a) | a pecuniary charge by the customs authorities, including a settlement applied in place of and in lieu of a criminal penalty; |
| --- | --- |

(a)

a pecuniary charge by the customs authorities, including a settlement applied in place of and in lieu of a criminal penalty;

| (b) | the withdrawal, suspension or amendment of any authorization held by the person concerned. |
| --- | --- |

(b)

the withdrawal, suspension or amendment of any authorization held by the person concerned.

Where administrative penalties are combined with criminal penalties, on the basis of the same facts, aggregation of such penalties shall be proportionate.

Section 6

Appeals

Article 23

Decisions taken by a judicial authority

Articles 24, 25 and 26 shall not apply to appeals lodged with a view to the annulment, revocation or amendment of a decision taken by a judicial authority.

Article 24

Right of appeal

1.   Any person shall have the right to appeal against any decision taken by the customs authorities which concerns him directly and individually.

Any person who has applied to the customs authorities for a decision and has not obtained a decision on that request within the time limits referred to in Article 17(2) shall also be entitled to exercise the right of appeal.

2.   The right of appeal may be exercised in at least two steps:

| (a) | initially, before the customs authorities or another body which may be a judicial authority or an equivalent specialized body designated for that purpose by the Member States; |
| --- | --- |

(a)

initially, before the customs authorities or another body which may be a judicial authority or an equivalent specialized body designated for that purpose by the Member States;

| (b) | subsequently, before a higher independent body, which may be a judicial authority or an equivalent specialized body, according to the provisions in force in the Member States. |
| --- | --- |

(b)

subsequently, before a higher independent body, which may be a judicial authority or an equivalent specialized body, according to the provisions in force in the Member States.

3.   The appeal must be lodged in electronic or written form in the Member State where the decision has been taken or applied for.

Article 25

Suspension of implementation

1.   The submission of an appeal shall not cause implementation of the disputed decision to be suspended.

2.   By way of derogation from paragraph 1, where irreparable damage may be caused to the person who lodged the appeal, the customs authorities shall suspend implementation of the disputed decision, in whole or in part.

The customs authorities may suspend implementation of the disputed decision, in whole or in part, where they have good reason to suspect that it is inconsistent with the customs legislation.

3.   Where the disputed decision has the effect of causing import duties or export duties to be payable, suspension of that decision shall be conditional upon the provision of a guarantee, unless such a guarantee would be likely to cause the debtor serious economic or social difficulties.

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of the first subparagraph of this paragraph.

Article 26

Decision on the appeal

Article 17 shall apply with regard to decisions by the customs authorities on appeals.

Member States shall ensure that the appeals procedure enables the prompt correction of decisions taken by the customs authorities.

Section 7

Control of goods

Article 27

Customs controls

1.   The customs authorities may carry out all of the controls they deem necessary to ensure the correct application of customs legislation and other legislation governing the entry, exit, transit, transfer and end-use of goods moved between the customs territory of the Community and other territories, and the presence of non-Community goods.

Those controls, hereinafter ‘customs controls’, may consist in examining goods, verifying declaration data and the existence and authenticity of electronic or written documents, examining the accounts of undertakings and other records, inspecting means of transport, inspecting luggage and other goods carried by or on persons.

Customs controls may be carried out outside the customs territory of the Community where an international agreement provides for this.

2.   Customs controls,
  including
  random checks, shall be based on risk analysis using electronic data processing techniques, with the purpose of identifying and evaluating the risks and developing the necessary measures to counter the risks, on the basis of criteria developed at national, Community and, where available, international level.

Member States, in co-operation with the Commission, shall develop, maintain and employ an electronic system for the implementation of risk management, by 30 June 2009 at the latest.

3.   The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the following:

| (a) | rules for a common risk management framework; |
| --- | --- |

(a)

rules for a common risk management framework;

| (b) | rules for establishing common criteria and priority control areas; |
| --- | --- |

(b)

rules for establishing common criteria and priority control areas;

| (c) | rules governing the exchange of risk information and analysis between customs administrations. |
| --- | --- |

(c)

rules governing the exchange of risk information and analysis between customs administrations.

Article 28

Co-operation between authorities

1.   Where, in respect of the same goods, controls other than customs controls are performed by competent authorities other than the customs authorities, such controls shall be performed in close co-operation with the customs authorities, wherever possible at the same time and place (one-stop-shop).

2.   In the framework of the controls referred to in this Section, customs and other competent authorities may, where necessary for the purposes of minimising risk, exchange data received, in the context of the entry, exit, transit, transfer and end-use of goods moved between the customs territory of the Community and other territories, and the presence of non-Community goods, with each other, with the customs authorities of other Member States and with the Commission.

Article 29

Post-release verification

The customs authorities may, after releasing the goods and in order to satisfy themselves as to the accuracy of the particulars contained in the summary or customs declaration, inspect the commercial documents and data relating to the operations in respect of the goods in question or to subsequent commercial operations involving those goods.

Such inspections may be carried out at the premises of the declarant or his representative, of any other person directly or indirectly involved in those operations in a business capacity or of any other person in possession of that document and data for business purposes. Those authorities may also examine the goods where it is still possible for them to be presented.

Article 30

Exceptions

1.   No customs controls or formalities shall be carried out in respect of either of the following:

| (a) | the cabin and hold baggage of persons taking an intra-Community flight; |
| --- | --- |

(a)

the cabin and hold baggage of persons taking an intra-Community flight;

| (b) | the baggage of persons making an intra-Community sea crossing. |
| --- | --- |

(b)

the baggage of persons making an intra-Community sea crossing.

2.   Paragraph 1 shall apply without prejudice to either of the following:

| (a) | the security and safety checks carried out on baggage by the authorities of the Member States, port or airport authorities or carriers; |
| --- | --- |

(a)

the security and safety checks carried out on baggage by the authorities of the Member States, port or airport authorities or carriers;

| (b) | checks linked to prohibitions or restrictions laid down by the Member States, provided that such prohibitions or restrictions are compatible with the Treaty. |
| --- | --- |

(b)

checks linked to prohibitions or restrictions laid down by the Member States, provided that such prohibitions or restrictions are compatible with the Treaty.

Section 8

Keeping of documents and other information; fees and costs

Article 31

Keeping of documents and other information

1.   The person concerned shall keep the documents and information referred to in Article 9(1) for the purposes of customs controls, for the period laid down in the provisions in force and for at least three calendar years, irrespective of the medium used.

In the case of goods released for free circulation in circumstances other than those referred to in the third subparagraph, or goods declared for export, that period shall run from the end of the year in which the declarations for release for free circulation or export are accepted.

In the case of goods released for free circulation duty-free or at a reduced rate of import duty on account of their end-use, that period shall run from the end of the year in which they cease to be subject to customs supervision.

In the case of goods placed under another customs procedure, that period shall run from the end of the year in which the customs procedure concerned has ended.

2.   Without prejudice to Article 73(4), where a customs control carried out by the customs authorities in respect of a customs debt shows that the relevant entry in the accounts has to be corrected and the person concerned has been notified of this, the documents shall be kept for three years beyond the time limit provided for in paragraph 1 of this Article.

Where an appeal has been lodged, the documents must be kept until the procedure is terminated.

Article 32

Fees and costs

1.   No fees shall be charged by customs authorities for the performance of customs
  controls
  .

However, the customs authorities may charge fees or recover costs where specific services are rendered
  or in respect of any other application of the customs legislation
  .

2.   The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of the second subparagraph of paragraph 1 and, in particular, the following:

| (a) | attendance, where requested, by customs
  staff at
  premises other than customs premises; |
| --- | --- |

(a)

attendance, where requested, by customs
  staff at
  premises other than customs premises;

| (b) | analyses or expert reports on goods and postal fees for the return of goods to an applicant, particularly in respect of decisions taken pursuant to Article 21 or the provision of information in accordance with Article 8(1); |
| --- | --- |

(b)

analyses or expert reports on goods and postal fees for the return of goods to an applicant, particularly in respect of decisions taken pursuant to Article 21 or the provision of information in accordance with Article 8(1);

| (c) | the examination or sampling of goods for verification purposes, or the destruction of goods, where costs other than that of using customs staff are involved; |
| --- | --- |

(c)

the examination or sampling of goods for verification purposes, or the destruction of goods, where costs other than that of using customs staff are involved;

| (d) | exceptional control measures, where these are necessary due to the nature of the goods or to potential risk. |
| --- | --- |

(d)

exceptional control measures, where these are necessary due to the nature of the goods or to potential risk.

CHAPTER 3

CURRENCY CONVERSION, TIME LIMITS AND SIMPLIFICATION

Article 33

Currency conversion

1.   Where the conversion of currency is necessary for one of the following reasons, the rate of exchange applicable shall be that published, or made available on the Internet, by the competent authorities:

| (a) | because factors used to determine the customs value of goods are expressed in a currency other than that of the Member State where the customs value is determined; |
| --- | --- |

(a)

because factors used to determine the customs value of goods are expressed in a currency other than that of the Member State where the customs value is determined;

| (b) | because the value of the euro is required in national currencies for the purposes of determining the tariff classification of goods, value thresholds and the amount of import or export duties. |
| --- | --- |

(b)

because the value of the euro is required in national currencies for the purposes of determining the tariff classification of goods, value thresholds and the amount of import or export duties.

The rate of exchange shall reflect, as effectively as possible, the current value of the converted currency in terms of the currency of the Member State.

2.   Where the conversion of currency is necessary for reasons other than those referred to in paragraph 1, the value of the euro in national currencies to be applied within the framework of the customs legislation shall be fixed once a year.

3.   The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of paragraphs 1 and 2 of this Article.

Article 34

Time limits

1.   Where a period, date or time limit is laid down in the customs legislation, such period shall not be extended and such date or time limit shall not be deferred unless specific provision is made in the provisions concerned.

2.   The rules applicable to periods, dates and time limits set out in Council Regulation (EEC, Euratom) No 1182/71 of 3 June 1971 determining the rules applicable to periods, dates and time limits
   (14) shall apply to time limits set within the customs legislation, except where other specific provisions apply.

Article 35

Simplification

1.
     The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures laying down in which cases, and under which conditions, the application of this Code may be simplified.

2.
     
  Simplified procedures to be defined in accordance with the procedure referred to in Article 194(3) shall be applied to Community goods moving between a national territory referred to in Article 3(3) of Directive 77/388/EEC and another part of the Community customs territory.

3.
     
  Subject to approval by the Commission acting in accordance with the procedure referred to in Article 194(3), a Member State may apply simplified procedures to Community goods as referred to in paragraph 2 and moving exclusively within its territory, and correspondingly two or more Member States may mutually agree upon simplified procedures to be applied to such goods moving between them.

TITLE II

FACTORS ON THE BASIS OF WHICH IMPORT OR EXPORT DUTIES AND OTHER MEASURES IN RESPECT OF TRADE IN GOODS ARE APPLIED

CHAPTER 1

COMMON CUSTOMS TARIFF AND TARIFF CLASSIFICATION OF GOODS

Article 36

Common Customs Tariff

1.   Import and export duties shall be based on the Common Customs Tariff.

Other measures prescribed by Community provisions governing specific fields relating to trade in goods shall, where appropriate, be applied according to the tariff classification of those goods.

2.   The Common Customs Tariff shall comprise the following:

| (a) | the Combined Nomenclature of goods as laid down in Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff
   (15); |
| --- | --- |

(a)

the Combined Nomenclature of goods as laid down in Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff
   (15);

| (b) | any other nomenclature which is wholly or partly based on the Combined Nomenclature or which provides for further subdivisions to it, and which is established by Community provisions governing specific fields with a view to the application of tariff measures relating to trade in goods; |
| --- | --- |

(b)

any other nomenclature which is wholly or partly based on the Combined Nomenclature or which provides for further subdivisions to it, and which is established by Community provisions governing specific fields with a view to the application of tariff measures relating to trade in goods;

| (c) | the conventional or normal autonomous import duties applicable to goods covered by the Combined Nomenclature; |
| --- | --- |

(c)

the conventional or normal autonomous import duties applicable to goods covered by the Combined Nomenclature;

| (d) | the preferential tariff measures contained in agreements which the Community has concluded with certain countries or territories outside the customs territory of the Community or groups of such countries or territories; |
| --- | --- |

(d)

the preferential tariff measures contained in agreements which the Community has concluded with certain countries or territories outside the customs territory of the Community or groups of such countries or territories;

| (e) | preferential tariff measures adopted unilaterally by the Community in respect of certain countries or territories outside the customs territory of the Community or groups of such countries or territories; |
| --- | --- |

(e)

preferential tariff measures adopted unilaterally by the Community in respect of certain countries or territories outside the customs territory of the Community or groups of such countries or territories;

| (f) | autonomous measures providing for a reduction in or exemption from import duties on certain goods; |
| --- | --- |

(f)

autonomous measures providing for a reduction in or exemption from import duties on certain goods;

| (g) | favourable tariff treatment specified for certain goods, by reason of their nature or end-use, in the framework of measures referred to under points (c) to (f) or (h); |
| --- | --- |

(g)

favourable tariff treatment specified for certain goods, by reason of their nature or end-use, in the framework of measures referred to under points (c) to (f) or (h);

| (h) | other tariff measures provided for by agricultural, or commercial, or other Community legislation. |
| --- | --- |

(h)

other tariff measures provided for by agricultural, or commercial, or other Community legislation.

3.   Where the goods concerned fulfil the conditions laid down in points (d) to (g) of paragraph 2, the measures referred to in those provisions shall apply, at the request of the declarant, instead of those provided for in point (c) of that paragraph. Such application may be made retrospectively, provided that the time limits and conditions laid down in the relevant measure or in the Code are complied with.

4.   Where application of the measures referred to in points (d) to (g) of paragraph 2, or the exemption from measures referred to in point (h) thereof, is restricted to a certain volume of imports or exports, such application or exemption shall, in the case of tariff quotas, cease as soon as the specified volume of imports or exports is reached.

In the case of tariff ceilings such application shall cease by virtue of a legal act of the Community.

Article 37

Tariff classification of goods

For the application of the Common Customs Tariff, ‘tariff classification’ of goods shall consist in the determination of one of the subheadings or further subdivisions of the Combined Nomenclature under which those goods are to be classified.

For the application of non-tariff measures, ‘tariff classification’ of goods shall consist in the determination of one of the subheadings or further subdivisions of the Combined Nomenclature, or of any other nomenclature which is established by Community provisions and which is wholly or partly based on the Combined Nomenclature or which provides for further subdivisions to it, under which those goods are to be classified.

The subheading or further subdivision determined in accordance with the first or the second paragraph shall be used for the purpose of applying the measures attached to that subheading.

CHAPTER 2

ORIGIN OF GOODS

Section 1

Non-preferential origin

Article 38

Scope

Articles 39, 40 and 41 lay down rules for the determination of the non-preferential origin of goods for the purposes of applying the following:

| (a) | the Common Customs Tariff with the exception of the measures referred to in points (d) and (e) of Article 36(2); |
| --- | --- |

(a)

the Common Customs Tariff with the exception of the measures referred to in points (d) and (e) of Article 36(2);

| (b) | measures, other than tariff measures, established by Community provisions governing specific fields relating to trade in goods; |
| --- | --- |

(b)

measures, other than tariff measures, established by Community provisions governing specific fields relating to trade in goods;

| (c) | other Community measures relating to the origin of goods. |
| --- | --- |

(c)

other Community measures relating to the origin of goods.

Article 39

Acquisition of origin

1.   Goods wholly obtained in a single country or territory shall be regarded as having their origin in that country or territory.

2.   Goods the production of which involved more than one country or territory shall be deemed to originate in the country or territory where they underwent their last substantial transformation.

Article 40

Proof of origin

1.   Where an origin has been indicated in the customs declaration pursuant to customs legislation, the customs authorities may require the declarant to prove the origin of the goods.

2.   Where proof of origin of goods is provided pursuant to customs legislation or other Community legislation governing specific fields, the customs authorities may, in the event of reasonable doubt, require any additional evidence to ensure that the indication of origin does comply with the rules laid down by the relevant Community legislation.

3.   A document proving origin may be issued in the Community where the exigencies of trade so require.

Article 41

Implementing measures

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of Articles 39 and 40.

Section 2

Preferential origin

Article 42

Preferential origin of goods

1.   In order to benefit from the measures referred to in points (d) or (e) of Article 36(2) or from non-tariff preferential measures, goods shall comply with the rules on preferential origin referred to in paragraphs 2, 3 and 4 of this Article.

2.   In the case of goods benefiting from preferential measures contained in agreements which the Community has concluded with certain countries or territories outside the customs territory of the Community or groups of such countries or territories, the rules on preferential origin shall be laid down in those agreements.

3.   In the case of goods benefiting from preferential measures adopted unilaterally by the Community in respect of certain countries or territories outside the customs territory of the Community or groups of such countries or territories, other than those referred to in paragraph 5, the Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the rules on preferential origin.

4.   In the case of goods benefiting from preferential measures applicable in trade between the customs territory of the Community and Ceuta and Melilla, contained in Protocol 2 to the Act of Accession of Spain and Portugal, the Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the rules on preferential origin.

5.   In the case of goods benefiting from preferential measures contained in preferential arrangements in favour of the overseas countries and territories associated with the Community, the rules on preferential origin shall be adopted in accordance with Article 187 of the Treaty.

6.
     
  When negotiating on behalf of the Community the agreements referred to in paragraph 2, or when submitting a proposal with a view to laying down, by a regulation adopted under Article 251 or under Article 187 of the Treaty, the rules referred to in paragraphs 3, 4 and 5, the Commission shall take account in particular of the following:

| (a) | the commitments and obligations accepted in relation to international agreements; |
| --- | --- |

(a)

the commitments and obligations accepted in relation to international agreements;

| (b) | the need to define criteria relating to the origin status of products which are tailored to the features of each product, ensuring that the economic benefit of the preferential measures is reserved for countries, territories or groups of countries or territories in respect of which these measures were agreed or adopted; |
| --- | --- |

(b)

the need to define criteria relating to the origin status of products which are tailored to the features of each product, ensuring that the economic benefit of the preferential measures is reserved for countries, territories or groups of countries or territories in respect of which these measures were agreed or adopted;

| (c) | the level of development and degree of industrialisation of the countries, territories or groups of countries or territories in respect of which the preferential measures were agreed or adopted; |
| --- | --- |

(c)

the level of development and degree of industrialisation of the countries, territories or groups of countries or territories in respect of which the preferential measures were agreed or adopted;

| (d) | the regional integration objectives underlying some of the preferential systems in question, by the laying down of appropriate cumulation rules; |
| --- | --- |

(d)

the regional integration objectives underlying some of the preferential systems in question, by the laying down of appropriate cumulation rules;

| (e) | the need to lay down rules which are simple to understand and to apply, so that the operators of the countries, territories or groups of countries or territories in respect of which the preferential measures were agreed or adopted may use those preferential measures effectively, and which must be compatible with the aim of facilitating trade. |
| --- | --- |

(e)

the need to lay down rules which are simple to understand and to apply, so that the operators of the countries, territories or groups of countries or territories in respect of which the preferential measures were agreed or adopted may use those preferential measures effectively, and which must be compatible with the aim of facilitating trade.

The Commission shall make provision for appropriate monitoring measures, to prevent or punish any abuse or circumvention of the preferential measures.

7.   The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures necessary for the implementation of the rules referred to in paragraphs 2 to 5 of this Article.

CHAPTER 3

VALUE OF GOODS FOR CUSTOMS PURPOSES

Article 43

Scope

The customs value of goods, for the purposes of applying the Common Customs Tariff and non-tariff measures laid down by Community provisions governing specific fields relating to trade in goods, shall be determined in accordance with Articles 44 to 47.

Article 44

Transaction value

1.   The customs value of imported goods shall be the price actually paid or payable for the goods when sold for export to the customs territory of the Community, adjusted, where necessary, in accordance with measures adopted pursuant to paragraph 4, hereinafter ‘transaction value’.

The price actually paid or payable is the total payment made or to be made by the buyer to or for the benefit of the seller for the imported goods and includes all payments made or to be made as a condition of sale of the imported goods by the buyer to the seller, or by the buyer to a third party to satisfy an obligation of the seller. The payment need not necessarily take the form of a transfer of money. Payment may be made by way of letters of credit or negotiable instrument and may be made directly or indirectly.

2.   The transaction value shall apply provided that the following conditions are satisfied:

| (a) | there are no restrictions as to the disposal or use of the goods by the buyer, other than the following:






  (i) | restrictions imposed or required by a law or by the public authorities in the Community; |
| --- | --- | --- |

(a)

there are no restrictions as to the disposal or use of the goods by the buyer, other than the following:

(i)

restrictions imposed or required by a law or by the public authorities in the Community;

| (ii) | limitations of the geographical area in which the goods may be resold; |
| --- | --- |

(ii)

limitations of the geographical area in which the goods may be resold;

| (iii) | restrictions which do not substantially affect the value of the goods; |
| --- | --- |

(iii)

restrictions which do not substantially affect the value of the goods;

| (b) | the sale or price is not subject to some condition or consideration for which a value cannot be determined with respect to the goods being valued; |
| --- | --- |

(b)

the sale or price is not subject to some condition or consideration for which a value cannot be determined with respect to the goods being valued;

| (c) | no part of the proceeds of any subsequent resale, disposal or use of the goods by the buyer will accrue directly or indirectly to the seller, unless an appropriate adjustment can be made in accordance with measures adopted pursuant to paragraph 4; |
| --- | --- |

(c)

no part of the proceeds of any subsequent resale, disposal or use of the goods by the buyer will accrue directly or indirectly to the seller, unless an appropriate adjustment can be made in accordance with measures adopted pursuant to paragraph 4;

| (d) | the buyer and seller are not related, or, where the buyer and seller are related, the transaction value is acceptable for customs purposes under paragraph 3. |
| --- | --- |

(d)

the buyer and seller are not related, or, where the buyer and seller are related, the transaction value is acceptable for customs purposes under paragraph 3.

3.   For the purposes of point (d) of paragraph 2, the fact that the buyer and the seller are related shall not in itself be sufficient grounds for regarding the transaction value as unacceptable. The circumstances surrounding the sale shall, where necessary, be examined and the transaction value shall be accepted provided that the relationship did not influence the price.

If, in the light of information provided by the declarant or otherwise, the customs authorities have grounds for considering that the relationship influenced the price, they shall notify the declarant of their grounds and he shall be given a reasonable opportunity to respond.

4.   The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the elements which, for the purposes of determining the customs value, must be added to the price actually paid or payable, or which may be excluded.

Article 45

Secondary methods of customs valuation

1.   Where the customs value cannot be determined under Article 44, it shall be determined by proceeding sequentially from point (a) to point (d) of paragraph 2 of this Article, until the first point under which the customs value can be determined.

The order of application of points (c) and (d) shall be reversed if the declarant so requests.

2.   The customs value, pursuant to paragraph 1, shall be:

| (a) | the transaction value of identical goods sold for export to the customs territory of the Community and exported at or about the same time as the goods being valued; |
| --- | --- |

(a)

the transaction value of identical goods sold for export to the customs territory of the Community and exported at or about the same time as the goods being valued;

| (b) | the transaction value of similar goods sold for export to the customs territory of the Community and exported at or about the same time as the goods being valued; |
| --- | --- |

(b)

the transaction value of similar goods sold for export to the customs territory of the Community and exported at or about the same time as the goods being valued;

| (c) | the value based on the unit price at which the imported goods, or identical or similar imported goods, are sold within the customs territory of the Community in the greatest aggregate quantity to persons not related to the sellers; |
| --- | --- |

(c)

the value based on the unit price at which the imported goods, or identical or similar imported goods, are sold within the customs territory of the Community in the greatest aggregate quantity to persons not related to the sellers;

| (d) | the computed value, consisting of the sum of the following:






  (i) | the cost or value of materials and manufacture or other processing employed in producing the imported goods; |
| --- | --- | --- |

(d)

the computed value, consisting of the sum of the following:

(i)

the cost or value of materials and manufacture or other processing employed in producing the imported goods;

| (ii) | an amount for profit and general expenses equal to that usually reflected in sales of goods of the same class or kind as the goods being valued which are made by producers in the country of exportation for export to the customs territory of the Community; |
| --- | --- |

(ii)

an amount for profit and general expenses equal to that usually reflected in sales of goods of the same class or kind as the goods being valued which are made by producers in the country of exportation for export to the customs territory of the Community;

| (iii) | the cost or value of transport of the imported goods to the place of introduction into the customs territory of the Community, of loading and handling charges associated with that transport and of insurance of the goods. |
| --- | --- |

(iii)

the cost or value of transport of the imported goods to the place of introduction into the customs territory of the Community, of loading and handling charges associated with that transport and of insurance of the goods.

3.   The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down any further conditions and rules for the application of paragraph 2 of this Article.

Article 46

Fall back method

Where the customs value of imported goods cannot be determined under Articles 44 or 45, it shall be determined, on the basis of data available in the customs territory of the Community, using reasonable means consistent with the principles and general provisions of the following:

| (a) | the agreement on implementation of Article VII of the General Agreement on Tariffs and Trade; |
| --- | --- |

(a)

the agreement on implementation of Article VII of the General Agreement on Tariffs and Trade;

| (b) | Article VII of the General Agreement on Tariffs and Trade; |
| --- | --- |

(b)

Article VII of the General Agreement on Tariffs and Trade;

| (c) | this Chapter. |
| --- | --- |

(c)

this Chapter.

However, none of the following may be used to determine a customs value under the first paragraph:

| (a) | the selling price in the customs territory of the Community of goods produced in that territory; |
| --- | --- |

(a)

the selling price in the customs territory of the Community of goods produced in that territory;

| (b) | a system which provides for the acceptance for customs purposes of the higher of two alternative values; |
| --- | --- |

(b)

a system which provides for the acceptance for customs purposes of the higher of two alternative values;

| (c) | the price of goods on the domestic market of the country of exportation; |
| --- | --- |

(c)

the price of goods on the domestic market of the country of exportation;

| (d) | the cost of production, other than computed values which have been determined for identical or similar goods in accordance with point (d) of Article 45(2); |
| --- | --- |

(d)

the cost of production, other than computed values which have been determined for identical or similar goods in accordance with point (d) of Article 45(2);

| (e) | prices for export to a country not forming part of the customs territory of the Community; |
| --- | --- |

(e)

prices for export to a country not forming part of the customs territory of the Community;

| (f) | minimum customs values; |
| --- | --- |

(f)

minimum customs values;

| (g) | arbitrary or fictitious values. |
| --- | --- |

(g)

arbitrary or fictitious values.

Article 47

Implementing measures

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the rules for the determination of the customs value in specific cases and with regard to goods for which a customs debt is incurred after the use of a special procedure.

TITLE III

CUSTOMS DEBT AND GUARANTEES

CHAPTER 1

INCURRENCE OF A CUSTOMS DEBT

Section 1

General provisions

Article 48

Customs debt

Duty on import or export shall be payable in respect of specific goods under the Common Customs Tariff, and the amount payable shall constitute the customs debt.

Section 2

Customs debt on importation

Article 49

Release for free circulation, temporary admission

1.   A customs debt on importation shall be incurred through the placing of non-Community goods under either of the following procedures:

| (a) | release for free circulation; |
| --- | --- |

(a)

release for free circulation;

| (b) | temporary admission with partial relief from import duties. |
| --- | --- |

(b)

temporary admission with partial relief from import duties.

2.   A customs debt shall be incurred at the time of acceptance of the customs declaration.

3.   The declarant shall be the debtor. In the event of indirect representation, the person on whose behalf the customs declaration is made shall also be a debtor.

Where a customs declaration in respect of one of the procedures referred to in paragraph 1 is drawn up on the basis of information which leads to all or part of the import duties not being collected, the person who provided the information required for the declaration shall also be a debtor, if he knew, or ought reasonably to have known, that such information was false.

Article 50

Special provisions relating to non-originating goods

1.   Where a prohibition of drawback of, or exemption from, import duties applies to non-originating goods used in the manufacture of products, for which a proof of origin is issued or made out in the framework of a preferential arrangement between the Community and certain countries or territories outside the customs territory of the Community or groups of such countries or territories, a customs debt on importation shall be incurred in respect of these products, through either of the following:

| (a) | the acceptance of the re-export notification relating to the products in question, obtained under inward processing; |
| --- | --- |

(a)

the acceptance of the re-export notification relating to the products in question, obtained under inward processing;

| (b) | the acceptance of the declaration relating to the goods placed under the inward processing procedure in the case of prior exportation of the processed products in question. |
| --- | --- |

(b)

the acceptance of the declaration relating to the goods placed under the inward processing procedure in the case of prior exportation of the processed products in question.

2.   Where a customs debt is incurred pursuant to point (a) of paragraph 1, the amount of the import duties shall be determined under the same conditions as in the case of a customs debt resulting from the acceptance, on the same date, of the declaration for release for free circulation of the non-originating goods used in the manufacture of the products in question for the purpose of ending the inward processing procedure.

3.   Article 49 (2) and (3) shall apply. However, in the case of non-Community goods as referred to in Article 188, the debtor shall be the person who lodges the re-export notification and, in the event of indirect representation, the person on whose behalf the notification is lodged.

Article 51

Customs debt incurred through non-compliance

1.   In cases other than those referred to in Articles 49 and 50, a customs debt on importation shall be incurred through non-compliance with either of the following:

| (a) | one of the obligations laid down in customs legislation concerning the introduction of non-Community goods into the customs territory of the Community, or for the movement, processing, storage, use or disposal of goods within that territory; |
| --- | --- |

(a)

one of the obligations laid down in customs legislation concerning the introduction of non-Community goods into the customs territory of the Community, or for the movement, processing, storage, use or disposal of goods within that territory;

| (b) | a condition governing the placing of non-Community goods under a customs procedure or the granting, by virtue of the end-use of the goods, of duty exemption or a reduced rate of import duty. |
| --- | --- |

(b)

a condition governing the placing of non-Community goods under a customs procedure or the granting, by virtue of the end-use of the goods, of duty exemption or a reduced rate of import duty.

2.   The time at which the customs debt is incurred shall be either of the following:

| (a) | the moment when the obligation the non-fulfilment of which gives rise to the customs debt is not met or ceases to be met; |
| --- | --- |

(a)

the moment when the obligation the non-fulfilment of which gives rise to the customs debt is not met or ceases to be met;

| (b) | the moment when the goods are placed under the customs procedure or declared for that purpose where it is established subsequently that a condition governing the placing of the goods under that procedure or the granting of a duty exemption or a reduced rate of import duty by virtue of the end-use of the goods was not in fact fulfilled. |
| --- | --- |

(b)

the moment when the goods are placed under the customs procedure or declared for that purpose where it is established subsequently that a condition governing the placing of the goods under that procedure or the granting of a duty exemption or a reduced rate of import duty by virtue of the end-use of the goods was not in fact fulfilled.

3.   In cases referred to under point (a) of paragraph 1, the debtor shall be any of the following:

| (a) | any person who was required to fulfil the obligations concerned; |
| --- | --- |

(a)

any person who was required to fulfil the obligations concerned;

| (b) | any person who was aware or should reasonably have been aware that an obligation under the customs legislation was not fulfilled and who acted on behalf of the person who was obliged to fulfil the obligation, or who participated in the act which led to the non-fulfilment of the obligation; |
| --- | --- |

(b)

any person who was aware or should reasonably have been aware that an obligation under the customs legislation was not fulfilled and who acted on behalf of the person who was obliged to fulfil the obligation, or who participated in the act which led to the non-fulfilment of the obligation;

| (c) | any person who acquired or held the goods in question and who was aware or should reasonably have been aware at the time of acquiring or receiving the goods that an obligation under the customs legislation was not fulfilled. |
| --- | --- |

(c)

any person who acquired or held the goods in question and who was aware or should reasonably have been aware at the time of acquiring or receiving the goods that an obligation under the customs legislation was not fulfilled.

In cases referred to under point (b) of paragraph 1, the debtor shall be the person who is required to comply with the conditions governing the placing of the goods under a customs procedure or declaring the goods concerned under that procedure or the granting of a duty exemption or reduced rate of duty by virtue of the end-use of the goods.

Where a customs declaration in respect of one of the procedures referred to in paragraph 1 is drawn up, or any information required under the customs legislation relating to the conditions governing the placing of the goods under a customs procedure is given to the customs authorities, which leads to all or part of the import duties not being collected, the person who provided the information required to draw up the declaration and who knew, or who ought reasonably to have known, that such information was false shall also be a debtor.

Article 52

Deduction of duties already paid

1.   Where a customs debt is incurred, pursuant to Article 51(1), in respect of goods released for free circulation at a reduced rate of import duty on account of their end-use, the amount paid when the goods were released for free circulation shall be deducted from the amount of the customs debt.

The first subparagraph shall apply mutatis mutandis where a customs debt is incurred in respect of scrap and waste resulting from the destruction of such goods.

2.   Where a customs debt is incurred, pursuant to Article 51(1), in respect of goods placed under temporary admission with partial relief from import duties, the amount paid under partial relief shall be deducted from the amount of the customs debt.

Section 3

Customs debt on exportation

Article 53

Export declaration

1.   A customs debt on exportation shall be incurred through the placing of goods liable to export duties under the export procedure.

2.   The customs debt shall be incurred at the time of acceptance of the customs declaration.

3.   The declarant shall be the debtor. In the event of indirect representation, the person on whose behalf the declaration is made shall also be a debtor.

Where a customs declaration is drawn up on the basis of information which leads to all or part of the export duties not being collected, the person who provided the information required for the declaration and who knew, or who should reasonably have known, that such information was false shall also be a debtor.

Article 54

Customs debt incurred through non-compliance

1.   In cases other than those referred to in Article 53, and if the goods are liable to export duties, a customs debt on exportation shall be incurred through non-compliance with either of the following:

| (a) | one of the obligations laid down in customs legislation for the exit, movement or disposal of the goods; |
| --- | --- |

(a)

one of the obligations laid down in customs legislation for the exit, movement or disposal of the goods;

| (b) | the conditions under which the goods were allowed to leave the customs territory of the Community with total or partial relief from export duties. |
| --- | --- |

(b)

the conditions under which the goods were allowed to leave the customs territory of the Community with total or partial relief from export duties.

2.   The time at which the customs debt is incurred shall be one of the following:

| (a) | the moment at which the goods actually leave the customs territory of the Community without a customs declaration; |
| --- | --- |

(a)

the moment at which the goods actually leave the customs territory of the Community without a customs declaration;

| (b) | the moment at which the goods reach a destination other than that for which they were allowed to leave the customs territory of the Community with total or partial relief from export duties; |
| --- | --- |

(b)

the moment at which the goods reach a destination other than that for which they were allowed to leave the customs territory of the Community with total or partial relief from export duties;

| (c) | should the customs authorities be unable to determine the moment referred in point (b), the expiry of the time limit set for the production of evidence that the conditions entitling the goods to such relief have been fulfilled. |
| --- | --- |

(c)

should the customs authorities be unable to determine the moment referred in point (b), the expiry of the time limit set for the production of evidence that the conditions entitling the goods to such relief have been fulfilled.

3.   Where goods liable to export duties leave the customs territory of the Community without a customs declaration, the debtor shall be any of the following:

| (a) | any person who was required to fulfil the obligation concerned; |
| --- | --- |

(a)

any person who was required to fulfil the obligation concerned;

| (b) | any person who participated in the act which led to the non-fulfilment of the obligation and who was aware or should reasonably have been aware that a customs declaration had not been lodged but should have been. |
| --- | --- |

(b)

any person who participated in the act which led to the non-fulfilment of the obligation and who was aware or should reasonably have been aware that a customs declaration had not been lodged but should have been.

4.   Where a customs debt arises as a consequence of failure to comply with the conditions under which the goods were allowed to leave the customs territory of the Community with total or partial relief from export duties, the debtor shall be any of the following:

| (a) | the declarant; |
| --- | --- |

(a)

the declarant;

| (b) | in the event of indirect representation, the person on whose behalf the declaration is made. |
| --- | --- |

(b)

in the event of indirect representation, the person on whose behalf the declaration is made.

Section 4

Provisions common to customs debts incurred on importation and exportation

Article 55

Prohibitions and restrictions

The customs debt on importation or exportation shall be incurred even if it relates to goods which are subject to measures of prohibition or restriction on importation or exportation of any kind.

However, no customs debt shall be incurred on the unlawful introduction into the customs territory of the Community of counterfeit currency or of narcotic drugs and psychotropic substances which do not enter into the economic circuit strictly supervised by the competent authorities with a view to their use for medical and scientific purposes.

For the purposes of penalties as applicable to customs offences, the customs debt shall nevertheless be deemed to have been incurred where, under the law of a Member State, customs duties or the existence of a customs debt provide the basis for determining penalties.

Article 56

Several debtors

Where several persons are liable for payment of one customs debt, they shall each be liable for the totality of the debt.

However, priority in the first instance shall be given to the recovery of the customs debt from the importer or exporter of record.

Where one or more of those persons have deliberately infringed the customs legislation, priority shall be given to recovery of the customs debt from those persons.

Article 57

General rules for calculation of the amount of duty

1.   The amount of the import or export duty shall be determined on the basis of those rules for calculation of duty which were applicable to the goods concerned at the time at which the customs debt in respect of them was incurred.

2.   Where it is not possible to determine precisely the time at which the customs debt is incurred, that time shall be deemed to be the time at which the customs authorities conclude that the goods are in a situation in which a customs debt has been incurred.

However, where the information available to the customs authorities enables them to establish that the customs debt had been incurred prior to the time at which they reached that conclusion, the customs debt shall be deemed to have been incurred at the earliest time that such a situation can be established.

3.   Where customs legislation provides for a favourable tariff treatment of goods, relief or total or partial exemption from import or export duties, pursuant to points (d) to (g) of Article 36(2), Articles 136 to 140, 177 and 180 to 183, such favourable tariff treatment, relief or exemption shall also apply in cases where a customs debt is incurred pursuant to Articles 51 or 54, on condition that the behaviour of the person concerned involves no fraudulent dealing.

Article 58

Special rules for calculation of the amount of duty

1.   Where costs for storage or usual forms of handling have been incurred within the customs territory of the Community in respect of goods placed under a customs procedure, such costs or the increase in value shall not be taken into account for the calculation of the amount of import duty where satisfactory proof of these costs is provided by the declarant.

However, the customs value, nature and origin of non-Community goods used in the operations shall be taken into account for the calculation of the amount of import duties.

2.   Where the tariff classification of goods placed under a customs procedure changes as a result of usual forms of handling within the customs territory of the Community, the original tariff classification for the goods placed under the procedure shall be applied at the request of the declarant.

3.   Where a customs debt is incurred for processed products resulting from the inward processing procedure, the amount of such debt shall, at the request of the declarant, be determined on the basis of the tariff classification, customs value, nature and origin of the goods placed under the inward processing procedure at the time of acceptance of the declaration relating to these goods.

Article 59

Implementing measures

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the following:

| (a) | the rules for the calculation of the amount of the import duty or export duty applicable to goods; |
| --- | --- |

(a)

the rules for the calculation of the amount of the import duty or export duty applicable to goods;

| (b) | further special rules for specific procedures. |
| --- | --- |

(b)

further special rules for specific procedures.

The Commission may, in accordance with the procedure referred to in Article 194(3), adopt measures amending non-essential elements of this Regulation by supplementing it by laying down
  derogations from Articles 57 and 58.

Article 60

Place where the customs debt is incurred

1.   A customs debt shall be incurred at the place where the customs declaration referred to in Articles 49 and 53 is lodged or, pursuant to Article 128(3), is deemed to have been lodged.

In all other cases, the place where a customs debt is incurred shall be the place where the events from which it arises occur.

If it is not possible to determine that place, the customs debt shall be incurred at the place where the customs authorities conclude that the goods are in a situation in which a customs debt is incurred.

2.   If the goods have been entered for a customs procedure which has not been discharged, and the place cannot be determined, pursuant to the second or third subparagraphs of paragraph 1, within a specified period of time, the customs debt shall be incurred at the place where the goods were either placed under the procedure concerned or were introduced into the customs territory of the Community under that procedure.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the period of time referred to in the first subparagraph of this paragraph.

3.   Where the information available to the customs authorities enables them to establish that the customs debt may have been incurred in several places, the customs debt shall be deemed to have been incurred at the place where it was first incurred.

4.   If a customs authority establishes that a customs debt has been incurred under point (a) of Article 51(1) in another Member State and the amount of that debt is lower than 100 000euro, the debt shall be deemed to have been incurred in the Member State where the finding was made.

CHAPTER 2

GUARANTEE FOR A POTENTIAL OR EXISTING CUSTOMS DEBT

Article 61

General provisions

1.   This Chapter shall apply to guarantees both for customs debts which have been incurred and for those which may be incurred, unless it is otherwise specified.

2.   Customs authorities may require the debtor to provide a guarantee in order to ensure payment of a customs debt and of other charges, in particular VAT and excise duty as provided for under VAT and excise provisions in force.

3.   Where the customs authorities require a guarantee to be provided, it shall be required from the debtor or the person who may become liable for that debt.

4.   The customs authorities shall require only one guarantee to be provided in respect of specific goods or a specific declaration.

The guarantee provided for a specific declaration shall apply to the customs debt in respect of all goods covered by or released against that declaration, whether or not that declaration is correct.

5.   The customs authorities shall permit the guarantee to be provided by a person other than the person from whom it is required.

6.   At the request of the person referred to in paragraphs 3 or 5 of this Article, the customs authorities may, in accordance with Article 67(1) and (2), authorize the provision of a comprehensive guarantee to cover the customs debt in respect of two or more operations, declarations or procedures.

7.   No guarantee shall be required from States, regional and local government authorities or other bodies governed by public law, in respect of the activities in which they engage as public authorities.

The Commission shall, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down other cases in which no guarantee is to be required or a reduced guarantee is to be required.

8.   The customs authorities may waive the requirement for provision of a guarantee where the amount to be secured does not exceed the statistical threshold for declarations laid down in accordance with Article 12 of Council Regulation (EC) No 1172/95 of 22 May 1995 on the statistics relating to the trading of goods by the Community and its Member States with non-member countries
   (16).

9.   A guarantee accepted or authorized by the customs authorities shall be valid throughout the customs territory of the Community, for the purposes for which it is given.

The Commission shall, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down exceptions to the first subparagraph of this paragraph.

Article 62

Compulsory guarantee

1.   Where it is compulsory for a guarantee to be provided, and subject to the rules adopted pursuant to paragraph 3, the customs authorities shall fix the amount of such guarantee at a level equal to the precise amount of the customs debt in question where that amount can be established with certainty at the time when the guarantee is required.

Where it is not possible to establish the precise amount of the customs debt, the amount of the guarantee shall be fixed as the maximum amount, as estimated by the customs authorities, of the customs debt which has been or may be incurred.

2.   Without prejudice to Article 67, where a comprehensive guarantee is provided for customs debts which vary in amount over time, the amount of such guarantee shall be set at a level enabling the customs debts in question to be covered at all times.

3.   The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of paragraph 1 of this Article.

Article 63

Optional guarantee

Where the provision of a guarantee is optional, such guarantee shall in any case be required by the customs authorities if they consider that a customs debt is not certain to be paid within the prescribed period. Its amount shall be fixed by those authorities so as not to exceed the level referred to in Article 62.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down when a guarantee is optional.

Article 64

Provision of a guarantee

1.   A guarantee may be provided in one of the following ways

| (a) | by a cash deposit or by any other means of payment recognized by the customs authorities as being equivalent to a cash deposit, made in euro or in the currency of the Member State in which the guarantee is required; |
| --- | --- |

(a)

by a cash deposit or by any other means of payment recognized by the customs authorities as being equivalent to a cash deposit, made in euro or in the currency of the Member State in which the guarantee is required;

| (b) | by an undertaking given by a guarantor; |
| --- | --- |

(b)

by an undertaking given by a guarantor;

| (c) | by another form of guarantee which provides equivalent assurance that the customs debt will be paid,
  such as a declaration of compliance with an existing industry wide agreement, a notorial declaration, a special agreement between operators and customs authorities, etc
  . |
| --- | --- |

(c)

by another form of guarantee which provides equivalent assurance that the customs debt will be paid,
  such as a declaration of compliance with an existing industry wide agreement, a notorial declaration, a special agreement between operators and customs authorities, etc
  .

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures specifying the forms of guarantee referred in point (c) of the first subparagraph of this paragraph.

2.   A guarantee in the form of a cash deposit or payment deemed equivalent to a cash deposit shall be given in accordance with the provisions in force in the Member State in which the guarantee is required.

Article 65

Choice of guarantee

The person required to provide a guarantee may choose between the types of guarantee laid down in Article 64(1).

However, the customs authorities may refuse to accept the type of guarantee chosen where it is incompatible with the proper functioning of the customs procedure concerned.

The customs authorities may require that the type of guarantee chosen be maintained for a specific period.

Article 66

Guarantor

1.   The guarantor referred to in point (b) of Article 64(1) must be a third person established in the customs territory of the Community. The guarantor must be approved by the customs authorities requiring the guarantee, unless the guarantor is a bank or other officially recognized financial institution accredited in the Community.

2.   The guarantor shall undertake in writing to pay the secured amount of a customs debt.

The undertaking shall also cover, within the limits of the secured amount, amounts of import or export duties payable following post-release verification.

3.   The customs authorities may refuse to approve the guarantor or type of guarantee proposed where either do not appear certain to ensure payment of the customs debt within the prescribed period.

Article 67

Comprehensive guarantee

1.   The authorization referred to in Article 61(6) shall be granted only to persons who satisfy the following conditions:

| (a) | they are established in the Community; |
| --- | --- |

(a)

they are established in the Community;

| (b) | they have not committed serious or repeated offences against customs or tax law; |
| --- | --- |

(b)

they have not committed serious or repeated offences against customs or tax law;

| (c) | they are regular users of the procedures involved or are known to the customs authorities to have the capacity to fulfil their obligation in relation to these procedures. |
| --- | --- |

(c)

they are regular users of the procedures involved or are known to the customs authorities to have the capacity to fulfil their obligation in relation to these procedures.

2.   Where a comprehensive guarantee is to be provided for customs debts which may be incurred,
  an economic
  operator may use a comprehensive guarantee with a reduced amount or have a guarantee waiver, in accordance with Article 61(7), provided that at least the following criteria are fulfilled:

| (a) | the correct use of the customs procedure concerned during a given period; |
| --- | --- |

(a)

the correct use of the customs procedure concerned during a given period;

| (b) | co-operation with the customs authorities; |
| --- | --- |

(b)

co-operation with the customs authorities;

| (c) | in respect of the guarantee waiver, a good financial standing which is sufficient to fulfil the commitments of that person. |
| --- | --- |

(c)

in respect of the guarantee waiver, a good financial standing which is sufficient to fulfil the commitments of that person.

3.   The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures governing the granting of authorizations under paragraphs 1 and 2 of this Article.

Article 68

Additional provisions relating to the use of guarantees

1.   In cases where a customs debt may be incurred in the framework of special procedures, paragraphs 2, 3 and 4 shall apply.

2.   The guarantee waiver authorized in accordance with Article 67(2) shall not apply to goods which are considered to present increased risks.

The Commission shall, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it
  for the implementation of the first subparagraph of this paragraph.

3.   As an exceptional measure in special circumstances, the Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  temporarily prohibiting the use of a comprehensive guarantee with a reduced amount referred to in Article 67(2).

4.   In respect of goods which have been identified as being subject to large-scale fraud while under a comprehensive guarantee, the Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  temporarily prohibiting the use of a comprehensive guarantee.

Article 69

Additional or replacement guarantee

Where the customs authorities establish that the guarantee provided does not ensure, or is no longer certain or sufficient to ensure, payment of the customs debt within the prescribed period, they shall require any of the persons referred to in Article 61(3), either to provide an additional guarantee or to replace the original guarantee with a new guarantee, according to his choice.

Article 70

Release of the guarantee

1.   The customs authorities shall release the guarantee when the customs debt is extinguished or can no longer arise.

2.   Where the customs debt has been extinguished in part, or may arise only in respect of part, of the amount which has been secured, a corresponding part of the guarantee shall be released accordingly at the request of the person concerned, unless the amount involved does not justify such action.

3.   The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of paragraphs 1 and 2 of this Article.

CHAPTER 3

RECOVERY AND PAYMENT OF DUTY AND REPAYMENT AND REMISSION OF DUTY

Section 1

Determination, notification to the debtor and entry in the accounts of the amount of duty

Article 71

Determination of the amount of duty

The amount of duty payable shall be determined by the customs authorities responsible for the territory in which the customs debt is incurred, or is deemed to have been incurred in accordance with Article 60, as soon as they have the necessary information.

Article 72

Notification of the customs debt

1.   The decision determining the amount of duty payable shall be notified to the debtor in the form prescribed by national law in the territory in which the debt was incurred.

The notification referred to in the first subparagraph shall not be made in the following situations:

| (a) | where, pending a final determination of the amount of duty, a provisional commercial policy measure taking the form of a duty has been imposed; |
| --- | --- |

(a)

where, pending a final determination of the amount of duty, a provisional commercial policy measure taking the form of a duty has been imposed;

| (b) | where the amount of duty payable exceeds that determined on the basis of a decision made in accordance with Article 21; |
| --- | --- |

(b)

where the amount of duty payable exceeds that determined on the basis of a decision made in accordance with Article 21;

| (c) | where the original decision not to notify the amount of duty or to notify the amount of duty at a figure less than the amount payable was taken on the basis of general provisions invalidated at a later date by a court decision; |
| --- | --- |

(c)

where the original decision not to notify the amount of duty or to notify the amount of duty at a figure less than the amount payable was taken on the basis of general provisions invalidated at a later date by a court decision;

| (d) | in cases where the customs authorities are exempted from notification of amounts of duty. |
| --- | --- |

(d)

in cases where the customs authorities are exempted from notification of amounts of duty.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of point (d) of the second subparagraph of this paragraph.

2.   Where the amount of duty payable is equal to the amount entered in the customs declaration, the debtor need not be notified of the decision referred to in paragraph 1.

In such cases, release of the goods by the customs authorities shall be equivalent to a decision notifying the debtor of the amount of duty payable.

3.   Where paragraph 2 of this Article does not apply, the decision determining the amount of duty payable shall be notified to the debtor within fourteen days of the date on which the customs authorities are in a position to take that decision in accordance with Article 17(4).

Article 73

Time limit for notification of a customs debt

1.   Notification of a decision determining the amount of duty may not be issued to the debtor after the expiry of a period of three years from the date on which the customs debt was incurred.

2.   Where the customs debt is the result of an act which, at the time it was committed, was liable to give rise to criminal court proceedings, the three year period laid down in paragraph 1 shall be extended to a period of ten years.

3.   Where an appeal is lodged under Article 24, the periods laid down in paragraphs 1 and 2 of this Article shall be suspended, for the duration of the appeal proceedings, from the date on which the appeal is lodged.

4.   Where liability for a customs debt is reinstated pursuant to Article 84(3) the periods laid down in paragraphs 1 and 2 of this Article shall be considered as suspended from the date on which the repayment or remission application was submitted in accordance with Article 90, until a decision on the repayment or remission is taken.

Article 74

Entry in the accounts

1.   The customs authorities referred to in Article 71 shall enter the amount of duty payable in their accounts.

The first subparagraph shall not apply in cases referred to in the second subparagraph of Article 72(1).

The customs authorities need not enter in the accounts amounts of duty which, pursuant to Article 73, could no longer be notified to the debtor.

2.   The Member States shall determine the practical procedures for the entry in the accounts of the amounts of duty. Those procedures may differ according to whether or not, in view of the circumstances in which the customs debt was incurred, the customs authorities are satisfied that those amounts will be paid.

Article 75

Time of entry in the accounts

1.   Where a customs debt is incurred as a result of the acceptance of the declaration of goods for a customs procedure, other than temporary admission with partial relief from import duties, or of any other act having the same legal effect as such acceptance, the customs authorities shall enter the amount of duty payable in the accounts within fourteen days of the release of the goods.

However, provided that payment has been guaranteed, the total amount of duty relating to all the goods released to one and the same person during a period fixed by the customs authorities, which may not exceed 31 days, may be covered by a single entry in the accounts at the end of that period. Such entry in the accounts shall take place within five days of the expiry of the period concerned.

2.   Where goods may be released subject to certain conditions which govern either the determination of the amount of duty payable or its collection, entry in the accounts shall take place within fourteen days of the day on which the amount of duty payable is determined or the obligation to pay that duty is fixed.

However, where the customs debt relates to a provisional commercial policy measure taking the form of a duty, the amount of duty payable shall be entered in the accounts within two months of the date of publication in the Official Journal of the European Union of the Regulation establishing the definitive commercial policy measure.

3.   Where a customs debt is incurred in circumstances not covered by paragraph 1, the amount of duty payable shall be entered in the accounts within fourteen days of the date on which the customs authorities are in a position to calculate the amount of duty in question and determine the debtor.

4.   Paragraph 3 shall apply mutatis mutandis with regard to the amount of duty to be recovered or which remains to be recovered where the amount of duty payable has not been entered in the accounts in accordance with paragraphs 1, 2 and 3, or has been determined and entered in the accounts at a level lower than the amount payable.

5.   The time limits for entry in the accounts laid down in paragraphs 1, 2 and 3 shall not apply in unforeseeable circumstances or in cases of force majeure.

Article 76

Implementing measures

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures laying down rules for entry in the accounts.

Section 2

Time limit and procedures for payment of duty

Article 77

General time limits for payment, supervision of payment

1.   Amounts of duty notified in accordance with Article 72 shall be paid by the debtor within the period prescribed by the customs authorities.

Without prejudice to Article 25(2), that period shall not exceed ten days following notification to the debtor of the amount of duty payable. In the case of aggregation of entries in the accounts under the conditions laid down in the second subparagraph of Article 75(1), it shall be so fixed as not to enable the debtor to obtain a longer period for payment than if he had been granted deferred payment in accordance with Article 79.

An extension of that period shall be granted automatically where it is established that the person concerned received the notification too late to enable him to make payment within the period prescribed.

Extension of that period may also be granted by the customs authorities at the request of the debtor where the amount of duty payable has been determined in the course of post-release verification as referred to in Article 29. Without prejudice to Article 82(1), such extensions shall not exceed the time necessary for the debtor to take the appropriate steps to discharge his obligation.

2.   If the debtor is entitled to any of the payment facilities laid down in Articles 79 to 82, payment shall be made within the period or periods specified in relation to those facilities.

3.   The Commission shall, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down the conditions for the suspension of the time limit for payment of debt in the following situations:

| (a) | where an application for remission of duty is made in accordance with Article 90; |
| --- | --- |

(a)

where an application for remission of duty is made in accordance with Article 90;

| (b) | where goods are to be confiscated, destroyed or abandoned to the State; |
| --- | --- |

(b)

where goods are to be confiscated, destroyed or abandoned to the State;

| (c) | where the customs debt was incurred pursuant to Article 51 and there is more than one debtor. |
| --- | --- |

(c)

where the customs debt was incurred pursuant to Article 51 and there is more than one debtor.

Article 78

Payment

1.   Payment shall be made in cash or by any other means with similar discharging effect, including by adjustment of credit balance as agreed with the customs authorities.

2.   Payment may be made by a third person instead of the debtor.

Article 79

Deferment of payment

Without prejudice to Article 85, the customs authorities shall, at the request of the person concerned and upon provision of a guarantee, permit deferment of payment of the duty payable in any of the following ways:

| (a) | separately in respect of each amount of duty entered in the accounts in accordance with the first subparagraph of Article 75(1), or Article 75(4); |
| --- | --- |

(a)

separately in respect of each amount of duty entered in the accounts in accordance with the first subparagraph of Article 75(1), or Article 75(4);

| (b) | globally in respect of all amounts of duty entered in the accounts in accordance with the first subparagraph of Article 75(1) during a period fixed by the customs authorities and not exceeding 31 days; |
| --- | --- |

(b)

globally in respect of all amounts of duty entered in the accounts in accordance with the first subparagraph of Article 75(1) during a period fixed by the customs authorities and not exceeding 31 days;

| (c) | globally in respect of all amounts of duty forming a single entry in accordance with the second subparagraph of Article 75(1). |
| --- | --- |

(c)

globally in respect of all amounts of duty forming a single entry in accordance with the second subparagraph of Article 75(1).

Article 80

Time limits for deferred payment

1.   The period for which payment is deferred under Article 79 shall be 30 days. It shall be calculated as set out in paragraphs 2, 3 and 4 of this Article.

2.   Where payment is deferred in accordance with point (a) of Article 79, the period shall begin on the day following that on which the amount of duty payable is notified to the debtor.

3.   Where payment is deferred in accordance with point (b) of Article 79, the period shall begin on the day following that on which the aggregation period ends. It shall be reduced by the number of days corresponding to half the number of days covered by the aggregation period.

4.   Where payment is deferred in accordance with point (c) of Article 79, the period shall begin on the day following the end of the period fixed for release of the goods in question. It shall be reduced by the number of days corresponding to half the number of days covered by the period concerned.

5.   Where the number of days in the periods referred to in paragraphs 3 and 4 is an odd number, the number of days to be deducted from the 30-day period pursuant to those paragraphs shall be equal to half the next lowest even number.

6.   Where the periods referred to in paragraphs 3 and 4 are calendar weeks, Member States may provide that the amount of duty in respect of which payment has been deferred is to be paid on the Friday of the fourth week following the calendar week in question.

If these periods are calendar months, Member States may provide that the amount of duty in respect of which payment has been deferred is to be paid by the sixteenth day of the month following the calendar month in question.

Article 81

Implementing measures

The Commission shall, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down the rules for deferment of payment in cases where the customs declaration is simplified in accordance with Articles 125 or 127.

Article 82

Other payment facilities

1.   The customs authorities may grant the debtor payment facilities other than deferred payment on condition that a guarantee is provided.

However, such guarantee need not be required where it is established that to require it would, because of the situation of the debtor, create serious economic or social difficulties.

Where facilities are granted pursuant to the first subparagraph, credit interest shall be charged on the amount of duty. The amount of such interest shall be equivalent to the amount which would be charged for this purpose on the euro market or, where appropriate, the national market of the currency in which the amount is payable.

The customs authorities may refrain from charging credit interest where to charge it would, because of the situation of the debtor, create serious economic or social difficulties.

2.   The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of paragraph 1.

Article 83

Enforcement of payment, arrears

1.   Where the amount of duty payable has not been paid within the prescribed period, the customs authorities shall secure payment of that amount by all means available to them according to the law of the Member State.

The Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it
  in respect of securing payment from guarantors within the framework of a special procedure.

2.   Interest on arrears shall be charged on the amount of duty from the date of expiry of the prescribed period until the date of payment. The rate of interest on arrears shall be no more than one percentage point higher than the rate of credit interest within the euro or national currency market concerned. It may not be lower than that rate.

3.   Where the amount of a customs debt has been notified pursuant to Articles 72(3), interest on arrears shall be charged over and above the amount of duty, from the date on which the customs debt was incurred until the date of notification.

The rate of interest on arrears shall be set in accordance with paragraph 2.

4.   The customs authorities may refrain from charging interest on arrears where to charge it would, because of the situation of the debtor, create serious economic or social difficulties.

The Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down the cases, in terms of time and amounts, in which the customs authorities may waive the collection of interest on arrears.

Section 3

Repayment and remission of duty

Article 84

General provisions

1.   For the purposes of this Section, the following definitions shall apply:

| (a) | ‘repayment’ means the refunding of import or export duties which have been paid; |
| --- | --- |

(a)

‘repayment’ means the refunding of import or export duties which have been paid;

| (b) | ‘remission’ means the waiving of the obligation to pay an amount of import or export duty which has not been paid. |
| --- | --- |

(b)

‘remission’ means the waiving of the obligation to pay an amount of import or export duty which has not been paid.

Where reference is made in this section to import or export duties, it shall be deemed also to cover interest on arrears.

2.   Repayment shall not give rise to the payment of interest by the customs authorities concerned.

However, interest shall be paid where a decision granting repayment under Article 85 is not implemented within three months of the date on which that decision was taken.

In such cases, the interest shall be paid from the date of expiry of the three month period until the date of repayment. The rate of interest shall be equivalent to the rate of interest on the euro or national currency market concerned.

3.   Where a customs authority has granted repayment or remission in error, duty liability shall be reinstated in so far as recovery of the original customs debt is not time-barred under Article 73.

In such cases, any interest paid under the second subparagraph of paragraph 2 of this Article must be reimbursed.

Article 85

Repayment and remission

1.   Subject to the conditions laid down in this Section, import or export duties shall, provided that the amount to be repaid or remitted exceeds a certain amount, be repaid or remitted on the following grounds:

| (a) | overcharged duties; |
| --- | --- |

(a)

overcharged duties;

| (b) | defective goods; |
| --- | --- |

(b)

defective goods;

| (c) | error by the customs authorities; |
| --- | --- |

(c)

error by the customs authorities;

| (d) | equity. |
| --- | --- |

(d)

equity.

In addition, where duties have been paid and the corresponding customs declaration is invalidated, in accordance with Article 117, those duties shall be repaid.

2.   Subject to the rules of competence for a decision, where the customs authorities themselves discover within the periods referred to in Article 90(1) that import or export duties are repayable or remissible pursuant to Articles 86, 88 or 89, they shall repay or remit on their own initiative.

3.   No repayment or remission shall be granted when the situation which led to the decision determining an amount of duty results from deception by the debtor.

Article 86

Repayment and remission of overcharged duties

Import or export duties shall be repaid or remitted in so far as the amount set out in the original customs decision exceeds the amount payable, or was notified to the debtor contrary to points (c) or (d) of Article 72(1).

Article 87

Defective goods

1.   Import duties shall be repaid or remitted if the decision determining the amount of such duties relates to goods released for free circulation which have been rejected by the importer because, at the time of release, they were defective or did not comply with the terms of the contract on the basis of which they were imported.

Defective goods shall be deemed to include goods damaged before their release.

2.   Repayment or remission of import duties shall be granted provided the goods have not been used, except for such initial use as may have been necessary to establish that they were defective or did not comply with the terms of the contract.

3.   The customs authorities shall ensure that the debtor re-exports the goods from the customs territory of the Community or, at his request, places them under the inward processing procedure (including for destruction), external transit or warehousing or in a free zone.

Article 88

Repayment or remission on account of error by the customs authorities

A decision to repay or remit import or export duties shall be taken where the original decision determining the amount of duty did not correspond to the amount payable, as a result of an error on the part of the customs authorities, provided the following conditions are met:

| (a) | the debtor could not reasonably have detected that error; |
| --- | --- |

(a)

the debtor could not reasonably have detected that error;

| (b) | the debtor was acting in good faith. |
| --- | --- |

(b)

the debtor was acting in good faith.

Where the preferential status of the goods is established on the basis of a system of administrative co-operation involving the authorities of a country or territory outside the customs territory of the Community, the issue of a certificate by those authorities, should it prove to be incorrect, shall constitute an error which could not reasonably have been detected within the meaning of point (a) of the first paragraph.

The issue of an incorrect certificate shall not, however, constitute an error where the certificate is based on an incorrect account of the facts provided by the exporter, except where it is evident that the issuing authorities were aware or should have been aware that the goods did not satisfy the conditions laid down for entitlement to the preferential treatment.

The debtor shall be considered to be in good faith if he can demonstrate that, during the period of the trading operations concerned, he has taken due care to ensure that all the conditions for the preferential treatment have been fulfilled.

The debtor may not rely on a plea of good faith if the Commission has published a notice in the Official Journal of the European Union, stating that there are grounds for doubt concerning the proper application of the preferential arrangements by the beneficiary country or territory.

Article 89

Repayment and remission in equity

In situations other than those referred to in the second subparagraph of Article 85(1) and in Articles 86, 87 and 88, import and export duties shall be repaid or remitted in the interest of equity where a customs debt is incurred under special circumstances in which no deception or obvious negligence may be attributed to the debtor.

Article 90

Procedure for repayment and remission

1.   A debtor who considers that import or export duties are repayable or remissible under Article 85 shall submit an application to the appropriate customs office within the following periods:

| (a) | in the case of overcharged duties, error by the customs authorities, or equity, within three years of the date of notification of the amount; |
| --- | --- |

(a)

in the case of overcharged duties, error by the customs authorities, or equity, within three years of the date of notification of the amount;

| (b) | in the case of defective goods, within one year of the date of notification of the amount; |
| --- | --- |

(b)

in the case of defective goods, within one year of the date of notification of the amount;

| (c) | in the case of invalidation of a customs declaration, within the period specified in the rules applicable to invalidation. |
| --- | --- |

(c)

in the case of invalidation of a customs declaration, within the period specified in the rules applicable to invalidation.

The period specified in points (a) and (b) of the first subparagraph shall be extended where the applicant provides evidence that he was prevented from submitting his application in good time as a result of unforeseeable circumstances or force majeure.

2.   Paragraph 1 shall apply mutatis mutandis in cases where the customs authorities repay or remit on their own initiative pursuant to Article 85(2).

3.   Where an appeal has been lodged under Article 24 against the notification of the customs debt, the relevant period specified in the first subparagraph of paragraph 1 of this Article shall be suspended, from the date on which the appeal is lodged, for the duration of the appeal proceedings.

4.   Following receipt of an application in accordance with paragraph 1, the customs authorities shall take a decision as to whether or not to grant repayment or remission, as appropriate.

Repayment or remission may be in whole or in part.

Article 91

Implementing measures

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of this Section. These measures shall lay down the cases in which the Commission shall, in accordance with the procedure referred to in Article 194(4), decide whether remission or repayment of an amount of duty is justified.

CHAPTER 4

EXTINCTION OF CUSTOMS DEBT

Article 92

Extinction

1.   Without prejudice to the provisions in force relating to the time-barring of a customs debt and non-recovery of such a debt in the event of the legally established insolvency of the debtor, a customs debt on importation or exportation shall be extinguished in any of the following ways:

| (a) | by payment of the amount of duty; |
| --- | --- |

(a)

by payment of the amount of duty;

| (b) | subject to paragraph 4, by remission of the amount of duty; |
| --- | --- |

(b)

subject to paragraph 4, by remission of the amount of duty;

| (c) | where, in respect of goods declared for a customs procedure entailing the obligation to pay duties, the customs declaration is invalidated; |
| --- | --- |

(c)

where, in respect of goods declared for a customs procedure entailing the obligation to pay duties, the customs declaration is invalidated;

| (d) | where goods liable to import or export duties are seized or confiscated; |
| --- | --- |

(d)

where goods liable to import or export duties are seized or confiscated;

| (e) | where goods liable to import or export duties are destroyed under customs supervision or abandoned to the State; |
| --- | --- |

(e)

where goods liable to import or export duties are destroyed under customs supervision or abandoned to the State;

| (f) | where the disappearance of the goods or the non-fulfilment of obligations arising from the customs legislation results from the total destruction or irretrievable loss of those goods as a result of the actual nature of the goods or unforeseeable circumstances or force majeure, or as a consequence of instruction by the customs authorities; |
| --- | --- |

(f)

where the disappearance of the goods or the non-fulfilment of obligations arising from the customs legislation results from the total destruction or irretrievable loss of those goods as a result of the actual nature of the goods or unforeseeable circumstances or force majeure, or as a consequence of instruction by the customs authorities;

| (g) | where the debt was incurred pursuant to Article 51 or 54 and where the following conditions are fulfilled:






  (i) | the failure which lead to the incurrence of a customs debt had no significant effect on the correct operation of the procedure declared and did not constitute an attempt at deception; |
| --- | --- | --- |

(g)

where the debt was incurred pursuant to Article 51 or 54 and where the following conditions are fulfilled:

(i)

the failure which lead to the incurrence of a customs debt had no significant effect on the correct operation of the procedure declared and did not constitute an attempt at deception;

| (ii) | all of the formalities necessary to regularize the situation of the goods are subsequently carried out; |
| --- | --- |

(ii)

all of the formalities necessary to regularize the situation of the goods are subsequently carried out;

| (h) | where goods released for free circulation duty-free, or at a reduced rate of import duty by virtue of their end-use, have been exported with the permission of the customs authorities; |
| --- | --- |

(h)

where goods released for free circulation duty-free, or at a reduced rate of import duty by virtue of their end-use, have been exported with the permission of the customs authorities;

| (i) | where it was incurred pursuant to Article 50 and where the formalities carried out in order to enable the preferential tariff treatment referred to in that Article to be granted are cancelled or satisfactory proof is submitted that preferential tariff treatment has not been granted; |
| --- | --- |

(i)

where it was incurred pursuant to Article 50 and where the formalities carried out in order to enable the preferential tariff treatment referred to in that Article to be granted are cancelled or satisfactory proof is submitted that preferential tariff treatment has not been granted;

| (j) | where, subject to paragraph 5 of this Article, the debt was incurred pursuant to Article 51 and evidence is provided to the satisfaction of the customs authorities that the goods have not been used or consumed and have been exported from the customs territory of the Community. |
| --- | --- |

(j)

where, subject to paragraph 5 of this Article, the debt was incurred pursuant to Article 51 and evidence is provided to the satisfaction of the customs authorities that the goods have not been used or consumed and have been exported from the customs territory of the Community.

For the purposes of point (f) of the first subparagraph, goods shall be considered as irretrievably lost when they have been rendered unusable by any person.

2.   In the event of seizure or confiscation, as referred to in point (d) of paragraph 1, the customs debt shall, nevertheless, for the purposes of penalties applicable to customs offences, be deemed not to have been extinguished where, under the law of a Member State, customs duties or the existence of a customs debt provide the basis for determining penalties.

3.   Where a customs debt is extinguished in respect of goods released for free circulation duty-free or at a reduced rate of import duty on account of their end-use, any scrap or waste resulting from such destruction shall be deemed to be non-Community goods.

4.   Where several persons are liable for payment of the customs debt and remission is granted, the obligation to pay the amount of duty shall be extinguished only in respect of the person or persons to whom the remission is granted.

5.   In the case referred to in point (j) of paragraph 1, the obligation to pay the amount of duty shall not be extinguished in respect of any person or persons who attempted deception.

6.   Where the debt was incurred pursuant to Article 51, the obligation to pay the amount of duty shall be extinguished with regard to the person whose behaviour did not involve any attempt at deception and who contributed to the fight against fraud, in particular in cases where a controlled delivery was performed to facilitate the identification of criminals.

7.   The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of paragraphs 1 to 6 of this Article.

TITLE IV

ARRIVAL OF GOODS IN THE CUSTOMS TERRITORY OF THE COMMUNITY

CHAPTER 1

GOODS BROUGHT INTO THE CUSTOMS TERRITORY

Article 93

Obligation to lodge an import summary declaration

1.   Goods brought into the customs territory of the Community shall be covered by an import summary declaration, with the exception of goods carried on means of transport only passing through the territorial waters or the airspace of the customs territory of the Community without a stop within that territory.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down a common data set and format for the import summary declaration, containing the particulars necessary for risk analysis and the proper application of customs controls, primarily for security and safety purposes, using, where appropriate, international standards and commercial practices.

2.   Except where otherwise specified, an import summary declaration shall be lodged or made available at the competent customs office before the goods are brought into the customs territory of the Community.

3.   The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures concerning the following:

| (a) | the deadline by which the import summary declaration shall be lodged or made available before the goods are brought into the customs territory of the Community; |
| --- | --- |

(a)

the deadline by which the import summary declaration shall be lodged or made available before the goods are brought into the customs territory of the Community;

| (b) | the determination of the competent customs office at which the import summary declaration shall be lodged or made available and where risk analysis and risk-based entry controls are to be carried out. |
| --- | --- |

(b)

the determination of the competent customs office at which the import summary declaration shall be lodged or made available and where risk analysis and risk-based entry controls are to be carried out.

4.   
  The Commission shall, in accordance with the procedure referred to in Article 194(3), adopt measures amending non-essential elements of this Regulation by supplementing it concerning the following:

| (a) | the conditions under which the requirement for an import summary declaration may be waived or adapted; |
| --- | --- |

(a)

the conditions under which the requirement for an import summary declaration may be waived or adapted;

| (b) | the rules for exceptions from and variations to the deadline referred to in point (a) of paragraph 3. |
| --- | --- |

(b)

the rules for exceptions from and variations to the deadline referred to in point (a) of paragraph 3.

5.   In adopting the measures referred to in paragraphs 3 and 4, account shall be taken of the following:

| (a) | special circumstances; |
| --- | --- |

(a)

special circumstances;

| (b) | the application of these measures to certain types of goods traffic, modes of transport or economic operators; |
| --- | --- |

(b)

the application of these measures to certain types of goods traffic, modes of transport or economic operators;

| (c) | international agreements which provide for special security arrangements. |
| --- | --- |

(c)

international agreements which provide for special security arrangements.

Article 94

Lodgement and responsible person

1.   The import summary declaration shall be lodged using an electronic data processing technique. Commercial, port or transport information may be used provided it contains the necessary particulars for an import summary declaration.

Customs authorities may, in exceptional circumstances, accept paper-based import summary declarations, provided that they apply the same level of risk management as that applied to import summary declarations made using an electronic data processing technique and that the requirements for the exchange of such data with other customs offices can be met.

2.   The import summary declaration shall be lodged by the person who brings the goods, or who assumes responsibility for the carriage of the goods, into the customs territory of the Community.

3.   Notwithstanding the obligations of the person referred to in paragraph 2, the import summary declaration may be lodged instead by one of the following persons:

| (a) | the importer or consignee or other person in whose name or on whose behalf the person referred to in paragraph 2 acts; |
| --- | --- |

(a)

the importer or consignee or other person in whose name or on whose behalf the person referred to in paragraph 2 acts;

| (b) | any person who is able to present the goods in question or to have them presented to the competent customs authority. |
| --- | --- |

(b)

any person who is able to present the goods in question or to have them presented to the competent customs authority.

4.   Where appropriate, the customs authorities shall inform the person who lodged the import summary declaration of consignments which may pose particular security or safety risks.

5.
     
  Where the import summary declaration is lodged by a person other than the operator of the means of transport by which the goods are brought on to Community customs territory, that operator shall lodge with the appropriate customs office a notification of arrival in the form of a manifest, a dispatch note or a load sheet containing the information required in order to enable all the goods transported which are to be covered by an import summary declaration to be identified.

Pursuant to the procedure referred to in Article 194(2) the Commission shall lay down the measures stipulating the information which must appear on the notification of arrival.

Paragraph 1 shall apply,

  mutatis mutandis

  , to the first subparagraph of this paragraph.

Article 95

Amendment of summary declaration

The person who lodges the import summary declaration shall, at his request, be permitted to amend one or more particulars of the declaration after it has been lodged.

However, no amendment shall be possible after any of the following events:

| (a) | the customs authorities have informed the person who lodged the summary declaration that they intend to examine the goods; |
| --- | --- |

(a)

the customs authorities have informed the person who lodged the summary declaration that they intend to examine the goods;

| (b) | the customs authorities have established that the particulars in question are incorrect; |
| --- | --- |

(b)

the customs authorities have established that the particulars in question are incorrect;

| (c) | the customs authorities have allowed the removal of the goods. |
| --- | --- |

(c)

the customs authorities have allowed the removal of the goods.

The Commission shall, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down exceptions to point (c) of the second paragraph of this Article.

Article 96

Customs declaration replacing summary declaration

The competent customs office may waive the lodging of an import summary declaration in respect of goods for which, prior to the expiry of the deadline referred to in point (b) of Article 93(3), a customs declaration is lodged. In this case, the customs declaration shall contain at least the particulars necessary for the import summary declaration. Until such time as the customs declaration is accepted in accordance with Article 114, it shall have the status of an import summary declaration.

CHAPTER 2

ARRIVAL OF GOODS

Section 1

Entry of goods into the customs territory of the Community

Article 97

Customs supervision

1.   Goods brought into the customs territory of the Community shall, from the time of their entry, be subject to customs supervision and may be subject to customs controls. They shall be subject to the application of prohibitions and restrictions, justified on grounds of public morality, public policy or public security, the protection of the health and life of humans, animals or plants, the protection of the environment, the protection of national treasures possessing artistic, historic or archaeological value, the implementation of fishery conservation and management measures or the protection of industrial or commercial property, including controls on drug pre-cursors, counterfeit goods and cash entering the Community.

They shall remain under such supervision for as long as is necessary to determine their customs status.

Without prejudice to Article 175, Community goods shall not be subject to customs supervision once their status is established.

Non-Community goods shall remain under customs supervision until their customs status is changed, or they are exported or destroyed.

2.   Any person with an interest in goods under customs supervision may, with the permission of the customs authorities, at any time examine the goods or take samples, in order to determine their tariff classification, customs value or customs status.

3.   Goods shall not be removed from customs supervision until release is granted by the customs authorities.

Article 98

Conveyance to the appropriate place

1.   The person who brings goods into the customs territory of the Community shall convey them without delay, by the route specified by the customs authorities and in accordance with their instructions, if any, to the customs office designated by the customs authorities, or to any other place designated or approved by those authorities, or into a free zone.

Goods brought into a free zone shall be brought into that free zone directly, either by sea or air or, if by land, without passing through another part of the customs territory of the Community.

The goods shall be presented to the customs authorities immediately upon their arrival, in accordance with Article 101.

2.   Any person who assumes responsibility for the carriage of goods after they have been brought into the customs territory of the Community shall become responsible for compliance with the obligation laid down in paragraph 1.

3.   Goods which, although still outside the customs territory of the Community, may be subject to customs controls by the customs authority of a Member State as a result of an agreement concluded with the relevant country or territory outside the customs territory of the Community, shall be treated in the same way as goods brought into the customs territory of the Community.

4.   Paragraph 1 shall not preclude application of any special provisions with respect to letters, postcards and printed matter or to goods carried by travellers, provided that customs supervision and customs control possibilities are not thereby jeopardised.

5.   Paragraph 1 shall not apply to goods carried on means of transport only passing through the territorial waters or the airspace of the customs territory of the Community without a stop within that territory.

Article 99

Intra-Community air and sea services

1.   Paragraphs 1 to 4 of Article 98 and Articles 93 to 96 and 100 to 103 shall not apply to goods which have temporarily left the customs territory of the Community while moving between two points in that territory by sea or air, provided that carriage has been effected by a direct route and by an air or regular shipping service without a stop outside the customs territory of the Community.

2.   The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures laying down special provisions for air and regular shipping services.

Article 100

Conveyance under special circumstances

1.   Where, by reason of unforeseeable circumstances or force majeure, the obligation laid down in Article 98(1) cannot be complied with, the person bound by that obligation or any other person acting on that person's behalf shall inform the customs authorities of the situation without delay. Where the unforeseeable circumstances or force majeure do not result in total loss of the goods, the customs authorities shall also be informed of their precise location.

2.   Where, by reason of unforeseeable circumstances or force majeure, a vessel or aircraft covered by Article 98(5) is forced to put into port or to land temporarily in the customs territory of the Community and the obligation laid down in Article 98(1) cannot be complied with, the person who brought the vessel or aircraft into the customs territory of the Community, or any other person acting on that person's behalf, shall inform the customs authorities of the situation without delay.

3.   The customs authorities shall determine the measures to be taken in order to permit customs supervision of the goods referred to in paragraph 1, or those on board a vessel or aircraft in the circumstances specified in paragraph 2, and to ensure, where appropriate, that they are subsequently conveyed to a customs office or other place designated or approved by the authorities.

Section 2

Presentation, unloading and examination of goods

Article 101

Presentation of goods to customs

1.   Goods arriving in the customs territory of the Community shall be presented to customs by one of the following persons:

| (a) | the person who brought the goods into the customs territory of the Community; |
| --- | --- |

(a)

the person who brought the goods into the customs territory of the Community;

| (b) | the person in whose name or on whose behalf the person who brought the goods into that territory acts; |
| --- | --- |

(b)

the person in whose name or on whose behalf the person who brought the goods into that territory acts;

| (c) | the person who assumed responsibility for carriage of the goods after they were brought into the customs territory of the Community. |
| --- | --- |

(c)

the person who assumed responsibility for carriage of the goods after they were brought into the customs territory of the Community.

2.   Notwithstanding the obligations of the person described in paragraph 1, presentation of the goods may be effected instead by one of the following persons:

| (a) | any person who immediately places the goods under a customs procedure; |
| --- | --- |

(a)

any person who immediately places the goods under a customs procedure;

| (b) | the holder of an authorization for the operation of storage facilities or any person who carries out activity in a free zone. |
| --- | --- |

(b)

the holder of an authorization for the operation of storage facilities or any person who carries out activity in a free zone.

3.   The person presenting the goods shall make a reference to the import summary declaration or customs declaration lodged in respect of the goods.

4.   Paragraph 1 shall not preclude the application of special provisions relating to the following:

| (a) | goods carried by travellers; |
| --- | --- |

(a)

goods carried by travellers;

| (b) | goods placed under a customs procedure but without the requirement for them to be presented to customs; |
| --- | --- |

(b)

goods placed under a customs procedure but without the requirement for them to be presented to customs;

| (c) | letters, postcards and printed matter
  and their electronic equivalents held on other media
  . |
| --- | --- |

(c)

letters, postcards and printed matter
  and their electronic equivalents held on other media
  .

Article 102

Unloading and examination of goods

1.   Goods shall be unloaded or trans-shipped from the means of transport carrying them solely with the permission of the customs authorities in places designated or approved by those authorities.

However, such permission shall not be required in the event of an imminent danger necessitating the immediate unloading of all or part of the goods. In that case, the customs authorities shall immediately be informed accordingly.

2.   The customs authorities may at any time require goods to be unloaded and unpacked for the purpose of examining them, taking samples or examining the means of transport carrying them.

3.   Goods presented to customs shall not be removed from the place where they have been presented without the permission of the customs authorities.

Section 3

Formalities after presentation

Article 103

Obligation to place non-Community goods under a customs procedure

Without prejudice to Articles 131 and 133, non-Community goods presented to customs shall be placed under a customs procedure.

Except as otherwise provided, the declarant shall be free to choose the customs procedure under which he wishes to place the goods, irrespective of their nature or quantity, or their country of origin, consignment or destination.

Article 104

Goods deemed to be placed in temporary storage

1.   Except where goods are immediately placed under a specific customs procedure for which a customs declaration has been accepted, or have been placed in a free zone, non-Community goods presented to customs shall be deemed to have been placed under temporary storage, in accordance with Article 159.

2.   Without prejudice to the obligation laid down in Article 93(2) and the exceptions or waiver provided for by the measures adopted under Article 93(3), where it is found that non-Community goods presented to customs are not covered by an import summary declaration, the holder of the goods shall lodge such a declaration immediately.

Section 4

Goods which have moved under a transit procedure

Article 105

Waiver for goods arriving under transit

Article 98, with the exception of the first subparagraph of paragraph 1 thereof, and Articles 101 to 104 shall not apply when goods already under a transit procedure are brought into the customs territory of the Community.

Article 106

Provisions applicable to non-Community goods after a transit procedure has ended

Articles 102, 103 and 104 shall apply to the following goods, once such goods have been presented to customs at a customs office of destination in the customs territory of the Community in accordance with the rules governing transit:

| (a) | non-Community goods brought into the customs territory of the Community under a transit procedure; |
| --- | --- |

(a)

non-Community goods brought into the customs territory of the Community under a transit procedure;

| (b) | non-Community goods which have moved within that territory under a transit procedure. |
| --- | --- |

(b)

non-Community goods which have moved within that territory under a transit procedure.

TITLE V

GENERAL RULES ON CUSTOMS STATUS AND CUSTOMS PROCEDURE

CHAPTER 1

STATUS OF GOODS

Article 107

Presumption of Community status

1.   All goods in the customs territory of the Community shall be presumed to be Community goods, unless it is established that they do not have Community status.

2.   The Commission shall, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down the following:

| (a) | the cases in which the presumption referred to in paragraph 1 of this Article shall not apply; |
| --- | --- |

(a)

the cases in which the presumption referred to in paragraph 1 of this Article shall not apply;

| (b) | the means by which the Community status of goods may be established. |
| --- | --- |

(b)

the means by which the Community status of goods may be established.

Article 108

Loss of Community status

Community goods shall become non-Community goods in the following cases:

| (a) | where they are moved out of the customs territory of the Community, in so far as the rules on internal transit or Article 109 do not apply; |
| --- | --- |

(a)

where they are moved out of the customs territory of the Community, in so far as the rules on internal transit or Article 109 do not apply;

| (b) | where they have been placed under the external transit, storage or inward processing procedure, in so far as the customs legislation so allows; |
| --- | --- |

(b)

where they have been placed under the external transit, storage or inward processing procedure, in so far as the customs legislation so allows;

| (c) | where they have been placed under the end-use procedure and are subsequently abandoned to the State; |
| --- | --- |

(c)

where they have been placed under the end-use procedure and are subsequently abandoned to the State;

| d) | where the declaration for release for free circulation is invalidated after release in accordance with measures adopted pursuant to the second subparagraph of Article 117(2). |
| --- | --- |

d)

where the declaration for release for free circulation is invalidated after release in accordance with measures adopted pursuant to the second subparagraph of Article 117(2).

Article 109

Goods leaving the customs territory temporarily

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the conditions under which Community goods may move, without being subject to a customs procedure, from one point to another within the customs territory of the Community and temporarily out of that territory without alteration of their customs status.

CHAPTER 2

CUSTOMS DECLARATION

Section 1

General provisions

Article 110

Declaration of goods, supervision of Community goods

1.   All goods intended to be placed under a customs procedure, except for the free zone procedure, shall be covered by a customs declaration appropriate for the particular procedure.

2.   Community goods declared for a customs procedure shall be subject to customs supervision from the time of acceptance of the declaration referred to in paragraph 1 until such time as they leave the customs territory of the Community or are abandoned to the State or the customs declaration is invalidated in accordance with Article 117.

Article 111

Competent customs offices

1.   Except where Community legislation provides otherwise, Member States shall determine the location and competence of the various customs offices situated in their territory and shall ensure that reasonable days and hours are appointed for the opening of these offices.

In doing so, the Member States shall take into account the nature of the traffic and of the goods and the customs procedure under which they are to be placed, so that the flow of international traffic is neither hindered nor distorted.

2.   The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for the establishment of the following competent customs offices:

| (a) | the customs office at which a customs declaration shall be lodged or made available; |
| --- | --- |

(a)

the customs office at which a customs declaration shall be lodged or made available;

| (b) | the customs office where risk analysis and risk-based import or export controls are to be carried out. |
| --- | --- |

(b)

the customs office where risk analysis and risk-based import or export controls are to be carried out.

Article 112

Types of customs declaration

1.   The customs declaration shall be lodged using an electronic data-processing technique.

The supporting documents required for the application of the provisions governing the customs procedure for which the goods are declared may also be lodged or made available by this technique.

2.   By derogation from paragraph 1, and where this is provided for, the customs declaration may be lodged in writing or by means of an oral declaration or any other act whereby goods can be placed under a customs procedure.

3.   The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of paragraphs 1 and 2 of this Article.

Section 2

Standard declarations

Article 113

Content of a declaration, supporting documents

1.   Customs declarations shall contain all the particulars necessary for application of the provisions governing the customs procedure for which the goods are declared. Declarations made using a data processing technique shall contain an electronic signature or other means of authentication. Declarations in writing shall be signed.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the specifications to which customs declarations must correspond.

2.   The electronic or written documents required for the application of the provisions governing the customs procedure for which the goods are declared shall be available to the customs authorities at the time the declaration is lodged.

However, upon request, the customs authorities may allow those documents to be made available after release of the goods.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of the first and second subparagraphs of this paragraph.

Article 114

Acceptance of a declaration

1.   Declarations which comply with the conditions laid down in Article 113 shall be accepted by the customs authorities immediately, provided that the goods to which they refer are available for control by the customs authorities.

2.   Where, in accordance with measures adopted pursuant to Article 111(2), a customs declaration is lodged at an office other than the office at which the goods are presented, the declaration may be accepted when the office at which the goods are presented confirms the availability of goods for control.

3.   The date of acceptance of the customs declaration by the customs authorities shall, except where otherwise provided, be the date to be used for the application of the provisions governing the customs procedure for which the goods are declared and for all other import and export formalities.

Article 115

Declarant

1.   A customs declaration may be made by any person who is able to present or make available all of the documents which are required for the application of the rules governing the customs procedure in respect of which the goods are declared. This person shall also be able to present the goods in question or to have them presented to the competent customs office.

However, where acceptance of a customs declaration imposes particular obligations on a specific person, the declaration must be made by that person or on his behalf.

2.   The declarant must be established in the customs territory of the Community.

However, persons who:

| — | lodge a transit or a temporary-admission declaration; |
| --- | --- |

—

lodge a transit or a temporary-admission declaration;

| — | declare goods occasionally, provided that the customs authorities deem this justified shall not be required to be established within the Community. |
| --- | --- |

—

declare goods occasionally, provided that the customs authorities deem this justified shall not be required to be established within the Community.

Article 116

Amendment of a declaration

The declarant shall, at his request, be permitted to amend one or more of the particulars of the declaration after the declaration has been accepted by customs. The amendment shall not render the declaration applicable to goods other than those it originally covered.

No amendment shall be permitted where it is requested after any of the following events:

| (a) | the customs authorities have informed the declarant that they intend to examine the goods; |
| --- | --- |

(a)

the customs authorities have informed the declarant that they intend to examine the goods;

| (b) | the customs authorities have established that the particulars in question are incorrect; |
| --- | --- |

(b)

the customs authorities have established that the particulars in question are incorrect;

| (c) | the customs authorities have released the goods. |
| --- | --- |

(c)

the customs authorities have released the goods.

The Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down exceptions to point (c) of the second paragraph of this Article.

Article 117

Invalidation of a declaration

1.   The customs authorities shall, at the request of the declarant, invalidate a declaration already accepted in the following cases:

| (a) | where they are satisfied that the goods are immediately to be placed under another customs procedure; |
| --- | --- |

(a)

where they are satisfied that the goods are immediately to be placed under another customs procedure;

| (b) | where they are satisfied that as a result of special circumstances, the placing of the goods under the customs procedure for which they were declared is no longer justified. |
| --- | --- |

(b)

where they are satisfied that as a result of special circumstances, the placing of the goods under the customs procedure for which they were declared is no longer justified.

However, where the customs authorities have informed the declarant of their intention to examine the goods, a request for invalidation of the declaration shall not be accepted before the examination has taken place.

2.   The declaration shall not be invalidated after the goods have been released.

The Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down exceptions to the first subparagraph of this paragraph.

3.   Invalidation of the declaration shall be without prejudice to the application of administrative or criminal penalties.

Section 3

Verification

Article 118

Verification of a declaration

1.   The customs authorities may, for the purpose of verifying the accuracy of the particulars contained in a declaration:

| (a) | examine the declaration and all of the written or electronic documents required for the application of the provisions of the customs procedure for which the goods are declared; |
| --- | --- |

(a)

examine the declaration and all of the written or electronic documents required for the application of the provisions of the customs procedure for which the goods are declared;

| (b) | require the declarant to present documents other than those referred to in point (a); |
| --- | --- |

(b)

require the declarant to present documents other than those referred to in point (a);

| (c) | examine the goods; |
| --- | --- |

(c)

examine the goods;

| (d) | take samples for analysis or for detailed examination of the goods. |
| --- | --- |

(d)

take samples for analysis or for detailed examination of the goods.

2.   The findings made by the customs authorities shall have the same conclusive force throughout the customs territory of the Community.

Article 119

Examination and sampling of goods

1.   Transport of the goods to the places where they are to be examined and samples are to be taken, and all the handling necessitated by such examination or taking of samples, shall be carried out by or under the responsibility of the declarant. The costs incurred shall be borne by the declarant.

2.   The declarant shall have the right to be present when the goods are examined and when samples are taken. Where the customs authorities have reasonable grounds, they may require the declarant to be present or represented when the goods are examined or samples are taken or to provide them with the assistance necessary to facilitate such examination or taking of samples.

3.   Provided that samples are taken in accordance with the provisions in force, the customs authorities shall not be liable for payment of any compensation in respect thereof but shall bear the costs of their analysis or examination.

Article 120

Partial examination and sampling of goods

1.   Where only part of the goods covered by a declaration are examined, or samples are taken, the results of the partial examination, or of the analysis or examination of the samples, shall be taken to apply to all the goods covered by the same declaration.

However, the declarant may request a further examination or sampling of the goods if he considers that the results of the partial examination, or of the analysis or examination of the samples taken, are not valid as regards the remainder of the goods declared. The request shall be granted, provided that the goods have not been released or that, if they have been released, the declarant proves that they have not been altered in any way.

2.   For the purposes of paragraph 1, where a declaration covers two or more items, the particulars relating to each item shall be deemed to constitute a separate declaration.

Article 121

Results of the verification

1.   The results of verifying the declaration shall be used for the application of the provisions governing the customs procedure under which the goods are placed.

2.   Where the declaration is not verified, paragraph 1 shall apply on the basis of the particulars contained in the declaration.

Article 122

Identification measures

1.   The customs authorities or, where appropriate, authorized economic operators shall take the measures necessary to identify the goods where identification is required in order to ensure compliance with the conditions governing the customs procedure for which those goods have been declared.

Those identification measures shall have the same conclusive force throughout the customs territory of the Community.

2.   Means of identification affixed to the goods or means of transport shall be removed or destroyed only by the customs authorities or, where they are authorized to do so by the customs authorities, by economic operators, unless, as a result of unforeseeable circumstances or force majeure, their removal or destruction is essential to ensure the protection of the goods or the means of transport.

Section 4

Release

Article 123

Release of the goods

1.   Without prejudice to Article 124, where the conditions for placing the goods under the procedure concerned are fulfilled and provided that the goods are not subject to any prohibition or restriction, the customs authorities shall release the goods as soon as the particulars in the declaration have been verified or are accepted without verification.

The first subparagraph shall apply where a verification as referred to in Article 118 cannot be completed within a reasonable period of time and the goods are no longer required to be present for verification purposes.

2.   All the goods covered by the same declaration shall be released at the same time.

For the purposes of the first subparagraph, where a declaration covers two or more items, the particulars relating to each item shall be deemed to constitute a separate declaration.

3.   Where the goods are presented, in accordance with the measures adopted pursuant to Article 111(2), at a customs office other than the office at which the customs declaration has been accepted, the offices involved shall exchange the information necessary for the release of the goods, without prejudice to controls related to security and safety.

Article 124

Release dependent upon payment of the customs debt or provision of a guarantee

1.   Where acceptance of a customs declaration gives rise to a customs debt, the release of the goods shall be conditional upon the payment of the debt or the provision of a guarantee to cover that debt.

However, without prejudice to paragraph 2, the first subparagraph shall not apply to temporary admission with partial relief from import duties.

2.   Where, pursuant to the provisions governing the customs procedure for which the goods are declared, the customs authorities require the provision of a guarantee, those goods shall not be released for the customs procedure in question until such guarantee is provided.

CHAPTER 3

SIMPLIFICATIONS RELATING TO CUSTOMS DECLARATIONS

Section 1

Simplified declarations

Article 125

Simplified declaration

The customs authorities shall permit
  an economic
  operator to have goods released on the basis of a simplified declaration.

The simplified declaration may take the form of an entry in the declarant's records, provided that the customs authorities have access to this data in the declarant's electronic system and that the requirements for the exchange of such data between customs offices can be met.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures concerning the following:

| (a) | the conditions under which the permission referred to in the first paragraph of this Article is given; |
| --- | --- |

(a)

the conditions under which the permission referred to in the first paragraph of this Article is given;

| (b) | the specifications to which the simplified declaration referred to in the first and second paragraphs of this Article must correspond. |
| --- | --- |

(b)

the specifications to which the simplified declaration referred to in the first and second paragraphs of this Article must correspond.

Article 126

Waiver of obligations of the declarant

When goods are released in accordance with Article 125, the customs authorities may, without prejudice to the legal obligations of the declarant, waive the obligation to present the goods to customs.

Article 127

Occasional simplified declaration

Where the use of a simplified declaration is requested on an occasional basis, the customs office at which the declaration is lodged may accept it without an authorization being granted.

Article 128

Supplementary declaration

1.   In the case of a simplified declaration pursuant to Article 125 or 127, the declarant permitted to make a simplified declaration shall furnish a supplementary declaration containing the further particulars necessary to constitute a customs declaration for the customs procedure concerned.

In the case of a declaration authorized under Article 125, the supplementary declaration may be of a general, periodic or recapitulative nature.

The Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down exceptions to the first subparagraph of this paragraph.

2.   The supplementary declaration and the simplified declaration referred to in Article 125(1) shall be deemed to constitute a single, indivisible instrument taking effect on the date on which the simplified declaration is accepted in accordance with Article 114.

Where the simplified declaration takes the form of an entry in the economic operator's records and access to this data by the customs authorities, the declaration shall take effect from the date on which the goods are entered into the records.

3.   The place where the supplementary declaration is to be lodged in accordance with the authorization shall be deemed, for the purposes of Article 60, to be the place where the customs declaration has been lodged.

Article 129

Application of the rules for standard declarations

Articles 113 to 122 shall apply mutatis mutandis to simplified and supplementary declarations.

Section 2

Other simplifications

Article 130

Facilitation of classification

The customs authorities may, at the request of the declarant, agree that a single or aggregate tariff subheading is applied to a whole consignment, provided that the consignment is made up of goods falling within different tariff subheadings and that dealing with each of those goods in accordance with its tariff classification for the purpose of drawing up the customs declaration would entail a burden of work and expense disproportionate to the import or export measures involved.

However, where import or export duties are payable, the amount to be collected shall not be less than that which would have been paid if all of the items had been classified individually.

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of the first and second subparagraphs of this Article.

CHAPTER 4

DISPOSAL OF GOODS

Article 131

Destruction of goods

Where the circumstances so require, the customs authorities may require goods presented to customs to be destroyed and shall inform the holder of the goods accordingly. The costs of destruction shall be borne by the holder of the goods.

Article 132

Measures to be taken by the customs authorities

1.   The customs authorities shall take any necessary measures, including destruction, to dispose of goods in the following cases:

| (a) | where the goods have been brought unlawfully into the customs territory of the Community or have been withheld from customs supervision; |
| --- | --- |

(a)

where the goods have been brought unlawfully into the customs territory of the Community or have been withheld from customs supervision;

| (b) | where the goods cannot be released for any of the following reasons:






  (i) | it has not been possible to undertake or continue examination of the goods within the period prescribed by the customs authorities for reasons attributable to the declarant; |
| --- | --- | --- |

(b)

where the goods cannot be released for any of the following reasons:

(i)

it has not been possible to undertake or continue examination of the goods within the period prescribed by the customs authorities for reasons attributable to the declarant;

| (ii) | the documents which must be produced before the goods can be placed under, or released for, the customs procedure requested have not been made available; |
| --- | --- |

(ii)

the documents which must be produced before the goods can be placed under, or released for, the customs procedure requested have not been made available;

| (iii) | payments or a guarantee which should have been made or provided in respect of import or export duties, as the case may be, have not been made or provided within the period prescribed; |
| --- | --- |

(iii)

payments or a guarantee which should have been made or provided in respect of import or export duties, as the case may be, have not been made or provided within the period prescribed;

| (iv) | they are subject to prohibitions or restrictions, including those related to security and safety; |
| --- | --- |

(iv)

they are subject to prohibitions or restrictions, including those related to security and safety;

| (c) | where the goods have not been removed within a reasonable period after their release; |
| --- | --- |

(c)

where the goods have not been removed within a reasonable period after their release;

| (d) | where after their release, the goods are found not to have fulfilled the conditions for that release; |
| --- | --- |

(d)

where after their release, the goods are found not to have fulfilled the conditions for that release;

| (e) | where goods are abandoned to the State. |
| --- | --- |

(e)

where goods are abandoned to the State.

2.   Non-Community goods which have been abandoned to the State, seized or confiscated shall be deemed to be placed under the temporary storage procedure.

Article 133

Abandonment

1.   Non-Community goods and end-use goods may be abandoned to the State by the holder of the procedure or, where applicable, the holder of the goods.

2.   Abandonment shall not entail any expense for the State. The holder of the procedure or, where applicable, the holder of goods, shall bear the costs of any destruction or other disposal of goods.

Article 134

Implementing measures

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of this Chapter.

TITLE VI

RELEASE FOR FREE CIRCULATION AND RELIEF FROM IMPORT DUTIES

CHAPTER 1

RELEASE FOR FREE CIRCULATION

Article 135

Scope and effect

1.   Non-Community goods intended to be put on the Community market shall be placed under release for free circulation.

2.   Release for free circulation shall entail the following:

| (a) | the application of commercial policy measures in so far as they do not have to be applied at an earlier stage; |
| --- | --- |

(a)

the application of commercial policy measures in so far as they do not have to be applied at an earlier stage;

| (b) | the collection of any import duties; |
| --- | --- |

(b)

the collection of any import duties;

| (c) | the collection of VAT and excise charges as provided for under the VAT and excise provisions in force; |
| --- | --- |

(c)

the collection of VAT and excise charges as provided for under the VAT and excise provisions in force;

| (d) | completion of the other formalities laid down in respect of the importation of goods. |
| --- | --- |

(d)

completion of the other formalities laid down in respect of the importation of goods.

3.   Release for free circulation shall confer on non-Community goods the customs status of Community goods.

CHAPTER 2

RELIEF FROM IMPORT DUTIES

Section 1

Returned goods

Article 136

Scope and effect

1.   Community goods which, having been exported from the customs territory of the Community, are returned to that territory within a period of three years and declared for release for free circulation shall, at the request of the person concerned, be granted relief from import duties.

2.   The three-year period referred to in paragraph 1 may be exceeded in order to take account of special circumstances.

3.   Where, prior to their export from the customs territory of the Community, the returned goods had been released for free circulation duty-free or at a reduced rate of import duty because of a particular end-use, relief from duty under paragraph 1 shall be granted only if they are to be released for free circulation for the same end-use.

Where the end-use for which the goods in question are to be released for free circulation is no longer the same, the amount of import duties shall be reduced by any amount collected on the goods when they were first released for free circulation. Should the latter amount exceed that levied on the release for free circulation of the returned goods, no repayment shall be granted.

4.   Where Community goods have lost their Community status pursuant to Article 108 and are subsequently released for free circulation, paragraphs 1, 2 and 3 of this Article shall apply mutatis mutandis.

Article 137

Cases in which no relief from import duties is granted

The relief from import duties provided for in Article 136 shall not be granted in the following cases:

| (a) | goods exported from the customs territory of the Community under the outward processing procedure, unless those goods remain in the state in which they were exported; |
| --- | --- |

(a)

goods exported from the customs territory of the Community under the outward processing procedure, unless those goods remain in the state in which they were exported;

| (b) | goods which have benefited from agricultural policy measures involving their export out of the customs territory of the Community. |
| --- | --- |

(b)

goods which have benefited from agricultural policy measures involving their export out of the customs territory of the Community.

The Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down derogations from the first paragraph of this Article.

Article 138

State of the goods

The relief from import duties provided for in Article 136 shall be granted only if goods are re-imported in the state in which they were exported.

The Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down derogations from the first paragraph of this Article.

Article 139

Goods previously placed under the inward processing procedure

1.   Articles 136 and 138 shall apply mutatis mutandis to processed products placed under the inward processing procedure prior to being re-exported from the customs territory of the Community.

2.   At the request of the declarant and provided he submits the necessary information, the amount of import duty on the goods covered by paragraph 1 of this Article shall be determined in accordance with Article 58(3). The date of acceptance of the re-export notification shall be regarded as the date of release for free circulation.

3.   The relief from import duties provided for in Article 136 shall not be granted for processed products which were exported in accordance with point (b) of Article 149(2), unless it is ensured that no import goods will be placed under the inward processing procedure.

Section 2

Sea-fishing and products taken from the sea

Article 140

Products of sea-fishing and other products taken from the sea

1.   Without prejudice to Article 39(1), the following shall be exempt from import duties when they are released for free circulation:

| (a) | products of sea-fishing and other products taken from the territorial sea of a country or territory outside the customs territory of the Community by vessels solely registered or recorded in a Member State and flying the flag of that state; |
| --- | --- |

(a)

products of sea-fishing and other products taken from the territorial sea of a country or territory outside the customs territory of the Community by vessels solely registered or recorded in a Member State and flying the flag of that state;

| (b) | products obtained from products referred to in point (a) on board factory-ships fulfilling the conditions laid down in that point. |
| --- | --- |

(b)

products obtained from products referred to in point (a) on board factory-ships fulfilling the conditions laid down in that point.

2.   The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of paragraph 1 of this
  Article
  .

TITLE VII

SPECIAL PROCEDURES

CHAPTER 1

GENERAL PROVISIONS

Article 141

Scope

Goods may be placed under any of the following categories of special procedures:

| (a) | transit; |
| --- | --- |

(a)

transit;

| (b) | storage; |
| --- | --- |

(b)

storage;

| (c) | specific use; |
| --- | --- |

(c)

specific use;

| (d) | processing. |
| --- | --- |

(d)

processing.

Article 142

Authorization

1.   The use of the processing or specific use procedure or the operation of storage facilities for the temporary storage or customs warehousing of goods shall be conditional upon authorization being issued by the customs authorities.

The conditions under which the use of one or more special procedures is permitted shall be set out in the authorization.

An authorization may involve the customs authorities of more than one Member State (single authorization) or the use of more than one special procedure (integrated authorization).

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the conditions and procedures under which authorizations may be granted.

2.   Except where otherwise provided for, the authorization referred to in paragraph 1 shall be granted only to the following persons:

| (a) | persons who are established in the customs territory of the Community, except for temporary admission, in which case the persons shall be established outside the customs territory of the Community; |
| --- | --- |

(a)

persons who are established in the customs territory of the Community, except for temporary admission, in which case the persons shall be established outside the customs territory of the Community;

| (b) | persons who offer every guarantee necessary for the proper conduct of the operations and, in cases where a customs debt or other charges may be incurred for goods placed under a special procedure, provide a guarantee in accordance with Article 61; |
| --- | --- |

(b)

persons who offer every guarantee necessary for the proper conduct of the operations and, in cases where a customs debt or other charges may be incurred for goods placed under a special procedure, provide a guarantee in accordance with Article 61;

| (c) | in the case of the temporary admission or inward processing procedure, the person who uses the goods or arranges for their use or who carries out processing operations on the goods or arranges for them to be carried out, respectively. |
| --- | --- |

(c)

in the case of the temporary admission or inward processing procedure, the person who uses the goods or arranges for their use or who carries out processing operations on the goods or arranges for them to be carried out, respectively.

The Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  providing for derogations from points (a), (b) and (c) of the first subparagraph of this paragraph.

3.   Except where otherwise provided for and in addition to paragraph 2, the authorization referred to in paragraph 1, shall be granted only where the following conditions are fulfilled:

| (a) | where the customs authorities are able to supervise and monitor the procedure without having to introduce administrative arrangements disproportionate to the economic needs involved; |
| --- | --- |

(a)

where the customs authorities are able to supervise and monitor the procedure without having to introduce administrative arrangements disproportionate to the economic needs involved;

| (b) | where the essential interests of Community producers would not be adversely affected by an authorization for the inward or outward processing or temporary admission procedure. |
| --- | --- |

(b)

where the essential interests of Community producers would not be adversely affected by an authorization for the inward or outward processing or temporary admission procedure.

The essential interests of Community producers shall be deemed not to be adversely affected, as referred to in point (b) of the first subparagraph of this paragraph, except where evidence to the contrary exists.

Where evidence exists that the essential interests of Community producers are likely to be adversely affected, an examination of the economic conditions shall take place in accordance with the procedure referred to in Article 194(4).

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures governing the examination of the economic conditions.

4.   The holder of the authorization shall notify the customs authorities of all factors arising after the authorization was granted which may influence its continuation or content.

Article 143

Application

The application for an authorization shall be submitted to the customs authorities competent for the place where the applicant's main accounts for customs purposes are held.

The Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  providing for derogations from the first paragraph of this Article.

Article 144

Records

1.   Except for the transit procedure, the holder of the authorization, the holder of the procedure, and all persons carrying on an activity involving the storage, working or processing of goods, or the sale or purchase of goods in free zones, shall keep records in a form approved by the customs authorities.

The records must enable the customs authorities to supervise the procedure concerned, in particular with regard to the identification of the goods placed under that procedure, their customs status and their movements.

2.   The Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  providing for derogations from the obligation laid down in the first subparagraph of paragraph 1 of this Article.

Article 145

End or discharge of a procedure

1.   In cases other than the transit procedure and without prejudice to Article 175, a special procedure shall end or be discharged when the goods placed under the procedure, or the processed products, are placed under a subsequent customs procedure, have left the customs territory of the Community or are abandoned to the State.

2.   In the case of the transit procedure, the procedure and the obligations of the holder of the procedure shall end when the goods placed under the procedure and the required data are produced at the customs office of destination in accordance with the provisions of the procedure concerned.

That procedure and those obligations shall be discharged by the customs authorities when they are in a position to establish, on the basis of a comparison of the data available to the customs office of departure and that available to the customs office of destination, that the procedure has ended correctly.

Article 146

Transfer of rights and obligations

The rights and obligations of the holder of a procedure with regard to goods which have been placed under a special procedure other than transit may, under the conditions laid down by the customs authorities, be transferred to other persons who fulfil the conditions laid down for the procedure concerned.

Article 147

Movement of goods

Goods placed under a special procedure other than transit may be moved between different places in the customs territory of the Community.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of the first paragraph of this Article.

Article 148

Usual forms of handling

Goods placed under customs warehousing or a processing procedure or in a free zone may undergo usual forms of handling intended to preserve them, improve their appearance or marketable quality or prepare them for distribution or resale.

Article 149

Equivalent goods

1.   Equivalent goods shall consist in Community goods which are stored, used or processed instead of the goods placed under a special procedure.

Under the outward processing procedure, equivalent goods shall consist in non-Community goods which are processed instead of Community goods placed under the outward processing procedure.

Equivalent goods shall have the same eight-digit Combined Nomenclature code, the same commercial quality and the same technical characteristics as the goods they are replacing.

The Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  providing for derogations from the third subparagraph of this paragraph.

2.   The customs authorities shall authorize the following, provided that the proper conduct of the procedure, in particular as regards customs supervision, is ensured:

| (a) | the use of equivalent goods under a special procedure other than the transit, temporary admission and temporary storage procedure; |
| --- | --- |

(a)

the use of equivalent goods under a special procedure other than the transit, temporary admission and temporary storage procedure;

| (b) | in the case of the inward processing procedure, the exportation of processed products obtained from equivalent goods before the importation of the goods they are replacing; |
| --- | --- |

(b)

in the case of the inward processing procedure, the exportation of processed products obtained from equivalent goods before the importation of the goods they are replacing;

| (c) | in the case of the outward processing procedure, the importation of processed products obtained from equivalent goods before the exportation of the goods they are replacing. |
| --- | --- |

(c)

in the case of the outward processing procedure, the importation of processed products obtained from equivalent goods before the exportation of the goods they are replacing.

The Commission shall, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down the cases in which the customs authorities may authorize the use of equivalent goods under temporary admission.

3.   The use of equivalent goods shall not be permitted in connection with usual forms of handling as defined in Article 148 or where it would lead to an unjustified import duty advantage.

The Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  specifying additional cases where equivalent goods may not be used.

4.   In the case referred to in point (b) of paragraph 2 of this Article, and where the processed products would be liable to export duties if they were not being exported in the context of the inward processing procedure, the holder of the authorization shall provide a guarantee to ensure payment of the duties should the non-Community goods not be imported within the period referred to in Article 178(3).

Article 150

Implementing measures

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for the operation of the procedures under this Title.

CHAPTER 2

TRANSIT

Section 1

External and internal transit

Article 151

External transit

1.   Under the external transit procedure, non-Community goods may be moved from one point to another within the customs territory of the Community without being subject to any of the following:

| (a) | import duties; |
| --- | --- |

(a)

import duties;

| (b) | other import charges
  as provided for under
  the
  provisions in force; |
| --- | --- |

(b)

other import charges
  as provided for under
  the
  provisions in force;

| (c) | commercial policy measures, in so far as they do not apply to the entry or exit of goods into or from the customs territory of the Community. |
| --- | --- |

(c)

commercial policy measures, in so far as they do not apply to the entry or exit of goods into or from the customs territory of the Community.

2.   The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures laying down cases in which and the conditions under which Community goods shall be placed under external transit.

3.   Movement as referred to in paragraph 1 shall take place in one of the following ways:

| (a) | under the external Community transit procedure referred to in Article 153(1); |
| --- | --- |

(a)

under the external Community transit procedure referred to in Article 153(1);

| (b) | under cover of a TIR carnet (TIR Convention) provided that such movement:






  (i) | began or is to end outside the customs territory of the Community; |
| --- | --- | --- |

(b)

under cover of a TIR carnet (TIR Convention) provided that such movement:

(i)

began or is to end outside the customs territory of the Community;

| (ii) | is effected between two points in the customs territory of the Community through the territory of a country or territory outside the customs territory of the Community; |
| --- | --- |

(ii)

is effected between two points in the customs territory of the Community through the territory of a country or territory outside the customs territory of the Community;

| (c) | under cover of an ATA carnet (ATA Convention/Istanbul Convention) used as a transit document; |
| --- | --- |

(c)

under cover of an ATA carnet (ATA Convention/Istanbul Convention) used as a transit document;

| (d) | under cover of the Rhine Manifest (Article 9 of the Revised Convention for the Navigation of the Rhine); |
| --- | --- |

(d)

under cover of the Rhine Manifest (Article 9 of the Revised Convention for the Navigation of the Rhine);

| (e) | under cover of the form 302 provided for in the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces, signed in London on 19 June 1951; |
| --- | --- |

(e)

under cover of the form 302 provided for in the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces, signed in London on 19 June 1951;

| (f) | under the postal system in accordance with the acts of the Universal Postal Union, when the goods are carried by or for holders of rights and obligations under such acts; |
| --- | --- |

(f)

under the postal system in accordance with the acts of the Universal Postal Union, when the goods are carried by or for holders of rights and obligations under such acts;

| (g) | under cover of CIM consignment note or TR used as a transit document; |
| --- | --- |

(g)

under cover of CIM consignment note or TR used as a transit document;

4.   External transit shall apply without prejudice to Article 147.

Article 152

Internal transit

1.   Under the internal transit procedure, and under the conditions laid down in paragraphs 2 and 3, Community goods may be moved from one point to another within the customs territory of the Community, and pass through another territory outside that territory, without any change in their customs status.

2.   The movement referred to in paragraph 1 shall take place in one of the following ways:

| (a) | under the internal Community transit procedure, referred to in Article 153(2), provided that such a possibility is provided for in an international agreement; |
| --- | --- |

(a)

under the internal Community transit procedure, referred to in Article 153(2), provided that such a possibility is provided for in an international agreement;

| (b) | under cover of a TIR carnet (TIR Convention); |
| --- | --- |

(b)

under cover of a TIR carnet (TIR Convention);

| (c) | under cover of an ATA carnet (ATA Convention/Istanbul Convention) used as a transit document; |
| --- | --- |

(c)

under cover of an ATA carnet (ATA Convention/Istanbul Convention) used as a transit document;

| (d) | under cover of a Rhine Manifest (Article 9 of the Revised Convention for the Navigation of the Rhine); |
| --- | --- |

(d)

under cover of a Rhine Manifest (Article 9 of the Revised Convention for the Navigation of the Rhine);

| (e) | under cover of form 302 as provided for in the Agreement between the Parties to the North Atlantic Treaty regarding the status of their Forces, signed in London on 19 June 1951; |
| --- | --- |

(e)

under cover of form 302 as provided for in the Agreement between the Parties to the North Atlantic Treaty regarding the status of their Forces, signed in London on 19 June 1951;

| (f) | under the postal system in accordance with the acts of the Universal Postal Union, when the goods are carried by or for holders of rights and obligations under such acts; |
| --- | --- |

(f)

under the postal system in accordance with the acts of the Universal Postal Union, when the goods are carried by or for holders of rights and obligations under such acts;

| (g) | under cover of CIM consignment note or TR used as a transit document. |
| --- | --- |

(g)

under cover of CIM consignment note or TR used as a transit document.

3.   In the cases referred to in points (b) to (f) of paragraph 2, goods shall keep their customs status as Community goods only if that status is established under certain conditions and in a certain form.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the conditions for and the form of the establishment of that customs status.

Section 2

Community transit

Article 153

Scope

1.   Under the external Community transit procedure, the goods referred to in Article 151(1) and (2) may be moved in accordance with that Article and Articles 154 and 155.

2.   Under the internal Community transit procedure, the goods referred to in Article 152(1) may be moved in accordance with that Article and Article 154.

Article 154

Obligations of the holder of the Community transit procedure

1.   The holder of the Community transit procedure shall be responsible for the following:

| (a) | presentation of the goods intact at the customs office of destination within the prescribed time limit and in compliance with the measures taken by the customs authorities to ensure their identification; |
| --- | --- |

(a)

presentation of the goods intact at the customs office of destination within the prescribed time limit and in compliance with the measures taken by the customs authorities to ensure their identification;

| (b) | observance of the customs provisions relating to the procedure; |
| --- | --- |

(b)

observance of the customs provisions relating to the procedure;

| (c) | unless otherwise provided for in the customs legislation, provision of a guarantee in order to ensure payment of any customs debt or other
  charges, as
  provided for under
  the
  provisions in force, which may be incurred in respect of the goods. |
| --- | --- |

(c)

unless otherwise provided for in the customs legislation, provision of a guarantee in order to ensure payment of any customs debt or other
  charges, as
  provided for under
  the
  provisions in force, which may be incurred in respect of the goods.

2.   A carrier or recipient of goods who accepts goods knowing that they are moving under the Community transit procedure shall also be responsible for presentation of the goods intact at the customs office of destination within the prescribed time limit and in compliance with the measures taken by the customs authorities to ensure their identification.

Article 155

Goods passing through the territory of a country outside of the customs territory of the Community under the external Community transit procedure

The external Community transit procedure shall apply to goods passing through a territory outside the customs territory of the Community if one of the following conditions is satisfied:

| (a) | provision is made to that effect under an international agreement; |
| --- | --- |

(a)

provision is made to that effect under an international agreement;

| (b) | carriage through that territory is effected under cover of a single transport document drawn up in the customs territory of the Community. |
| --- | --- |

(b)

carriage through that territory is effected under cover of a single transport document drawn up in the customs territory of the Community.

In the case referred to in point (b) of the first paragraph, the operation of the external Community transit procedure shall be suspended while the goods are outside the customs territory of the Community.

CHAPTER 3

STORAGE

Section 1

Common provisions

Article 156

Scope

1.   For the purposes of this Chapter, ‘storage’ shall comprise the temporary storage, customs warehousing and free zone procedures.

2.   Under a storage procedure, non-Community goods may be stored in the customs territory of the Community without being subject to any of the following:

| (a) | import duties; |
| --- | --- |

(a)

import duties;

| (b) | other import charges
  as provided for under
  the
  provisions in force; |
| --- | --- |

(b)

other import charges
  as provided for under
  the
  provisions in force;

| (c) | commercial policy measures, in so far as they do not apply to the entry or exit of goods into or from the customs territory of the Community. |
| --- | --- |

(c)

commercial policy measures, in so far as they do not apply to the entry or exit of goods into or from the customs territory of the Community.

3.   Community goods may be placed under the customs warehousing or free zone procedure in accordance with Community legislation governing specific fields.

The Commission may, in accordance with the procedure referred to in Article 194(2), adopt measures laying down further cases in which, and the conditions under which, Community goods may be placed under the customs warehousing or free zone procedures.

Article 157

Responsibilities of the holder of the authorization or procedure

1.   The holder of the authorization and the holder of the procedure shall be responsible for the following:

| (a) | ensuring that goods under the temporary storage or customs warehousing procedures are not removed from customs supervision; |
| --- | --- |

(a)

ensuring that goods under the temporary storage or customs warehousing procedures are not removed from customs supervision;

| (b) | fulfilling the obligations arising from the storage of goods covered by the temporary storage or customs warehousing procedures; |
| --- | --- |

(b)

fulfilling the obligations arising from the storage of goods covered by the temporary storage or customs warehousing procedures;

| (c) | complying with the particular conditions specified in the authorization for the customs warehousing procedure or for operation of the storage facilities. |
| --- | --- |

(c)

complying with the particular conditions specified in the authorization for the customs warehousing procedure or for operation of the storage facilities.

2.   By way of derogation from paragraph 1, where the authorization concerns a public customs warehouse, it may provide that the responsibilities referred to in points (a) or (b) of paragraph 1 devolve exclusively upon the holder of the procedure. In this case the customs authorities may require the holder of the procedure to provide a guarantee with a view to ensuring payment of any customs debt and other
  charges, as
  provided for under
  the
  provisions in force, which may be incurred.

3.   The holder of the procedure shall at all times be responsible for fulfilling the obligations arising from the placing of the goods under the temporary storage or customs warehousing procedures.

Article 158

Period for discharge

There shall be no limit to the length of time goods may remain under a storage procedure.

However, in exceptional cases, the customs authorities may set a time limit by which a storage procedure must be discharged.

Section 2

Temporary storage

Article 159

Goods in temporary storage

1.   Where not otherwise declared for a customs procedure, the following non-Community goods shall be deemed to be declared for the temporary storage procedure by the holder of the goods after their presentation to customs:

| (a) | goods which are brought into the customs territory of the Community, other than directly into a free zone; |
| --- | --- |

(a)

goods which are brought into the customs territory of the Community, other than directly into a free zone;

| (b) | goods which are brought into another part of the customs territory of the Community from a free zone; |
| --- | --- |

(b)

goods which are brought into another part of the customs territory of the Community from a free zone;

| (c) | goods for which the external transit procedure is ended. |
| --- | --- |

(c)

goods for which the external transit procedure is ended.

The customs declaration shall be considered to have been lodged and accepted by the customs authorities at the moment of presentation of the goods to customs.

2.   The import summary declaration shall constitute the customs declaration for the temporary storage procedure.

3.   The customs authorities may require the holder of the goods to provide a guarantee with a view to ensuring payment of any customs debt or other
  charges, as
  provided for under
  the
  provisions in force, which may be incurred.

4.   Where, for any reason, goods cannot be released for the temporary storage procedure, the customs authorities shall without delay take all measures necessary to regularize the situation of the goods.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of the first subparagraph of this paragraph.

Article 160

Handling of goods in temporary storage

1.   Goods under the temporary storage procedure shall be stored only in authorized temporary storage facilities.

2.   Without prejudice to the provisions of Article 97(2), goods under the temporary storage procedure shall be subject only to such forms of handling as are designed to ensure their preservation in an unaltered state without modifying their appearance or technical characteristics.

Section 3

Customs warehousing

Article 161

Storage in customs warehouses

1.   Under the customs warehousing procedure, non-Community goods may be stored in facilities authorized for that procedure by and under the supervision of the customs authorities, hereinafter ‘customs warehouses’.

2.   The facilities authorized may be available for use by any person for the warehousing of goods (public customs warehouse), or for the storage of goods by the holder of an authorization for customs warehousing (private customs warehouse).

3.   Where circumstances so warrant, goods placed under the customs warehousing procedure may be temporarily removed from the customs warehouse. Such removal must, except in case of force majeure, be authorized in advance by the customs authorities.

Article 162

Community goods and processing activities

1.   The customs authorities may, where an economic need exists and customs supervision will not be adversely affected, authorize the following to take place on the premises of a customs warehouse:

| (a) | storage of Community goods; |
| --- | --- |

(a)

storage of Community goods;

| (b) | processing of goods under the inward processing or end-use procedure, subject to the conditions provided for by these procedures. |
| --- | --- |

(b)

processing of goods under the inward processing or end-use procedure, subject to the conditions provided for by these procedures.

2.   In the cases referred to in paragraph 1, the goods shall not be regarded as being under the customs warehousing procedure.

Section 4

Free zones

Article 163

Designation of free zones

1.   Member States may designate parts of the customs territory of the Community situated in that territory and separated from the rest of it as free zones.

For each free zone the Member State shall determine the area covered and define the entry and exit points.

2.   Free zones shall be enclosed.

The perimeter and the entry and exit points of the area of free zones shall be subject to supervision by the customs authorities.

3.   Persons and means of transport entering or leaving free zones may be subject to customs controls.

Article 164

Buildings and activities in free zones

1.   The construction of any building in a free zone shall require the prior approval of the customs authorities.

2.   Subject to customs legislation, any industrial, commercial or service activity shall be permitted in a free zone. The carrying on of such activities shall be subject to notification, in advance, to the customs authorities.

3.   The customs authorities may impose prohibitions or restrictions on the activities referred to in paragraph 2, having regard to the nature of the goods in question, or the requirements of customs supervision, or security or safety requirements.

4.   The customs authorities may prohibit persons who do not provide the necessary guarantees of compliance with the customs provisions from carrying on an activity in a free zone.

Article 165

Other customs procedures in a free zone

1.   Non-Community goods may, while they remain in a free zone, be released for free circulation or be placed under the inward processing or a specific use procedure, under the conditions laid down for these procedures.

2.   In the cases referred to in paragraph 1, the goods shall not be regarded as being under the free zone procedure.

Article 166

Presentation of goods and their placement under the procedure

1.   Goods brought into a free zone shall be presented to customs and undergo the prescribed customs formalities in the following cases:

| (a) | where they are brought into the free zone directly from outside the customs territory of the Community; |
| --- | --- |

(a)

where they are brought into the free zone directly from outside the customs territory of the Community;

| (b) | where they have been placed under a customs procedure which is ended or discharged when they are placed under the free zone procedure; |
| --- | --- |

(b)

where they have been placed under a customs procedure which is ended or discharged when they are placed under the free zone procedure;

| (c) | where they are placed under the free zone procedure in order to benefit from a decision granting repayment or remission of import duties; |
| --- | --- |

(c)

where they are placed under the free zone procedure in order to benefit from a decision granting repayment or remission of import duties;

| (d) | where they qualify for agricultural policy measures involving the export of such goods. |
| --- | --- |

(d)

where they qualify for agricultural policy measures involving the export of such goods.

2.   Goods brought into a free zone in circumstances other than those covered by paragraph 1 need not be presented to customs.

3.   Goods are deemed to be placed under the free zone procedure at the moment of their entry into a free zone, unless they have already been placed under another customs procedure.

Article 167

Community goods in free zones

1.   Community goods may be entered, stored, moved, used, processed or consumed in a free zone. In such cases the goods shall not be regarded as being under the free zone procedure.

2.   At the request of the person concerned, the customs authorities shall certify the Community status of the following goods:

| (a) | Community goods which enter into a free zone; |
| --- | --- |

(a)

Community goods which enter into a free zone;

| (b) | Community goods which have undergone processing operations within a free zone; |
| --- | --- |

(b)

Community goods which have undergone processing operations within a free zone;

| (c) | goods released for free circulation within a free zone. |
| --- | --- |

(c)

goods released for free circulation within a free zone.

Article 168

Consumption or processing of non-Community goods

1.   Non-Community goods shall not be consumed, used or processed in free zones except in cases provided for in Article 165.

2.   Without prejudice to the provisions applicable to supplies or to victualling storage within the meaning of Commission Regulation (EC) No 800/1999 of 15 April 1999 laying down common detailed rules for the application of the system of export refunds on agricultural products
   (17), where the procedure concerned so provides, paragraph 1 shall not preclude the use or consumption of goods of which the release for free circulation or temporary admission would not entail application of import duties or measures under the common agricultural or commercial policy.

In the case of such use or consumption, no declaration for the release for free circulation or temporary admission procedure shall be required.

Such declaration shall, however, be required if such goods are subject to a tariff quota or ceiling.

Article 169

Export, re-export and bringing of goods into another part of the customs territory of the Community

Without prejudice to Community legislation governing specific fields, goods in a free zone may be exported or re-exported from the customs territory of the Community, or brought into another part of the customs territory of the Community.

Articles 97 to 104 shall apply mutatis mutandis to goods brought into other parts of the customs territory of the Community.

Article 170

Customs status of goods returning to another part of the customs territory of the Community

1.   Where goods are returned from a free zone to another part of the customs territory of the Community, the certificate referred to in Article 167(2) may be used as proof of the Community status of such goods.

2.   Where the Community status of goods is not proved pursuant to paragraph 1 or by any other approved document, the goods shall be regarded as non-Community goods.

However, for the purposes of applying export duties and export licences or export measures laid down under the commercial or agricultural policy, the goods shall be regarded as Community goods.

CHAPTER 4

SPECIFIC USE

Section 1

Temporary admission

Article 171

Scope

1.   Under the temporary admission procedure non-Community goods may be used in the customs territory of the Community, with total or partial relief from import duties, and excise duties as provided for under the excise provisions in force, without being subject to commercial policy measures, in so far as they do not apply to the entry or exit of goods into or from the customs territory of the Community.

Where the goods benefit from total relief from import duties, they shall, in accordance with
  the provisions
  in force, also benefit from relief from
  other import charges
  .

2.   The temporary admission procedure may only be used provided that the following conditions are met:

| (a) | the re-export of the goods is intended; |
| --- | --- |

(a)

the re-export of the goods is intended;

| (b) | the goods are not intended to undergo any change, except normal depreciation due to the use made of them; |
| --- | --- |

(b)

the goods are not intended to undergo any change, except normal depreciation due to the use made of them;

| (c) | it is possible to ensure that the goods placed under the procedure can be identified, except where, in view of the nature of the goods or of the operations to be carried out, the absence of identification measures is not liable to give rise to any abuse of the procedure or, in the case referred to in Article 149, where compliance with the conditions laid down in respect of equivalent goods can be verified. |
| --- | --- |

(c)

it is possible to ensure that the goods placed under the procedure can be identified, except where, in view of the nature of the goods or of the operations to be carried out, the absence of identification measures is not liable to give rise to any abuse of the procedure or, in the case referred to in Article 149, where compliance with the conditions laid down in respect of equivalent goods can be verified.

The Commission may, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down exceptions to point (a) of the first subparagraph of this paragraph.

Article 172

Period during which goods may remain under temporary admission

1.   The customs authorities shall determine the period within which goods placed under the temporary admission procedure must have been re-exported or placed under a subsequent customs procedure. Such period must be long enough for the objective of authorized use to be achieved.

2.   The maximum period during which goods may remain under the temporary admission procedure for the same purpose and under the responsibility of the same holder of the authorization shall be 24 months, even where the procedure was discharged by placing the goods under a subsequent customs procedure and subsequently placing them under the temporary admission procedure again.

3.   Where, in exceptional circumstances, the authorized use cannot be achieved within the periods referred to in paragraphs 1 and 2, the customs authorities may, at the request of the holder of the authorization, extend those periods.

Article 173

Situations covered by temporary admission

The Commission shall, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down the cases in which, and the conditions under which, the temporary admission procedure may be used and total or partial relief from import duties may be granted.

In adopting these measures, account shall be taken of international agreements and of the nature and the use of the goods.

Article 174

Amount of import duties in case of temporary admission with partial relief from import duties

1.   The amount of import duties in respect of goods placed under the temporary admission procedure with partial relief from import duties shall be set at 3 % of the amount of import duties which would have been payable on those goods had they been released for free circulation on the date on which they were placed under the temporary admission procedure.

That amount shall be payable for every month or fraction of a month during which the goods have been placed under temporary admission with partial relief.

2.   The amount of import duties shall not exceed that which would have been payable if the goods in question had been released for free circulation on the date on which they were placed under the temporary admission procedure.

Section 2

End-use

Article 175

Customs supervision under the end-use procedure

1.   Under the end-use procedure, goods may be released for free circulation under a duty exemption or at a reduced rate of duty on account of their end-use. They shall remain under customs supervision.

2.   Customs supervision under the end-use procedure shall end in the following cases:

| (a) | where the goods have been used for the purposes laid down for the application of the duty exemption or reduced rate of duty; |
| --- | --- |

(a)

where the goods have been used for the purposes laid down for the application of the duty exemption or reduced rate of duty;

| (b) | where the goods are exported, destroyed or abandoned to the State; |
| --- | --- |

(b)

where the goods are exported, destroyed or abandoned to the State;

| (c) | where the goods have been used for purposes other than those laid down for the application of the duty exemption or reduced duty rate and the applicable import duties have been paid. |
| --- | --- |

(c)

where the goods have been used for purposes other than those laid down for the application of the duty exemption or reduced duty rate and the applicable import duties have been paid.

CHAPTER 5

PROCESSING

Section 1

General provisions

Article 176

Rate of yield

Except where a rate of yield has been specified in Community legislation governing specific fields, the customs authorities shall set either the rate of yield or average rate of yield of the operation carried out under the processing procedure or where appropriate, the method of determining such rate.

The rate of yield or average rate of yield shall be determined on the basis of the actual circumstances in which processing operations are, or are to be, carried out. This rate may be adjusted subsequently, where appropriate.

Section 2

Inward processing

Article 177

Scope

1.   Without prejudice to Article 149, under the inward processing procedure non-Community goods may be used in the customs territory of the Community in one or more processing operations without such goods being subject to any of the following:

| (a) | import duties; |
| --- | --- |

(a)

import duties;

| (b) | other import charges
  as provided for under
  the
  provisions in force; |
| --- | --- |

(b)

other import charges
  as provided for under
  the
  provisions in force;

| (c) | commercial policy measures, in so far as they do not apply to the entry or exit of goods into or from the customs territory of the Community. |
| --- | --- |

(c)

commercial policy measures, in so far as they do not apply to the entry or exit of goods into or from the customs territory of the Community.

2.   The inward processing procedure may be used in cases other than repair only where, without prejudice to the use of production accessories, the goods placed under the procedure can be identified in the processed products.

In the case referred to in Article 149, the procedure may be used where compliance with the conditions laid down in respect of equivalent goods can be verified.

3.   In addition to paragraphs 1 and 2, the inward processing procedure shall also apply to the following goods:

| (a) | goods which have to undergo operations to ensure their compliance with technical provisions for their release for free circulation; |
| --- | --- |

(a)

goods which have to undergo operations to ensure their compliance with technical provisions for their release for free circulation;

| (b) | goods which have to undergo usual forms of handling in accordance with Article 148. |
| --- | --- |

(b)

goods which have to undergo usual forms of handling in accordance with Article 148.

Article 178

Period for discharge

1.   The customs authorities shall specify the period within which the goods placed under the inward processing procedure, or processed products, are to be placed under a subsequent customs procedure, unless they are destroyed and no waste remains.

That period shall run from the date on which the non-Community goods are placed under the procedure and shall take account of the time required to carry out the processing operations and to place the processed products under a subsequent customs procedure.

2.   The customs authorities may grant an extension of the period specified pursuant to paragraph 1, on submission of a duly substantiated application by the holder of the authorization.

The authorization may specify that a period which commences in the course of a calendar month, quarter or semester shall end on the last day of a subsequent calendar month, quarter or semester respectively.

3.   In cases of prior exportation in accordance with point (b) of Article 149(2), the customs authorities shall specify the period within which the non-Community goods must be declared for the procedure. That period shall run from the date of acceptance of the export declaration relating to the processed products obtained from the corresponding equivalent goods.

Article 179

Temporary re-export for further processing

Subject to prior authorization by the customs authorities, some or all of the goods placed under the inward processing procedure, or the processed products, may be temporarily re-exported for the purpose of further processing outside the customs territory of the Community, in accordance with the conditions laid down for the outward processing procedure.

Section 3

Outward processing

Article 180

Scope

1.   Under the outward processing procedure Community goods may be temporarily exported from the customs territory of the Community in order to undergo processing operations. The processed products resulting from those goods may be released for free circulation with total or partial relief from import duties.

2.   Outward processing shall not be allowed for the following Community goods:

| (a) | goods the export of which gives rise to repayment or remission of import duties; |
| --- | --- |

(a)

goods the export of which gives rise to repayment or remission of import duties;

| (b) | goods which, prior to exportation, were released for free circulation under a duty exemption or at a reduced rate of duty by virtue of their end-use, for as long as the purposes of such end-use have not been fulfilled, unless these goods have to undergo repair operations; |
| --- | --- |

(b)

goods which, prior to exportation, were released for free circulation under a duty exemption or at a reduced rate of duty by virtue of their end-use, for as long as the purposes of such end-use have not been fulfilled, unless these goods have to undergo repair operations;

| (c) | goods the export of which gives rise to the granting of export refunds; |
| --- | --- |

(c)

goods the export of which gives rise to the granting of export refunds;

| (d) | goods in respect of which a financial advantage other than refunds referred to in point (c) is granted under the common agricultural policy by virtue of the exportation of those goods. |
| --- | --- |

(d)

goods in respect of which a financial advantage other than refunds referred to in point (c) is granted under the common agricultural policy by virtue of the exportation of those goods.

3.   Where the processed products are declared for release for free circulation by the holder of the authorization, total or partial relief from import duties as referred to in paragraph 1 shall be granted, at his request.

4.   In cases not covered by Articles 181 and 182 and where ad valorem duties are involved, the amount of the import duty shall be calculated on the basis of the cost of the processing operation undertaken outside the customs territory of the Community.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the rules for such calculation and the rules where specific duties are involved.

5.   The customs authorities shall specify the period within which goods temporarily exported must be re-imported into the customs territory of the Community in the form of processed products, and placed under release for free circulation, in order to be able to benefit from total or partial relief from import duties. They may extend that period on submission of a duly substantiated request by the holder of the authorization.

Article 181

Repaired goods

1.   Where it is established to the satisfaction of the customs authorities that goods have been repaired free of charge, either because of a contractual or statutory obligation arising from a guarantee or because of a manufacturing defect, they shall be eligible for total relief from import duties.

2.   Paragraph 1 shall not apply where account was taken of the manufacturing defect at the time when the goods in question were first released for free circulation.

Article 182

Standard exchange system

1.   Under the standard exchange system an imported product, hereinafter referred to as a replacement product, may, in accordance with paragraphs 2 to 5, replace a processed product.

2.   The customs authorities shall authorize the standard exchange system to be used where the processing operation involves the repair of Community goods other than those subject to the common agricultural policy measures or to the specific arrangements applicable to certain goods resulting from the processing of agricultural products.

3.   Replacement products shall have the same eight digit Combined Nomenclature code, the same commercial quality and the same technical characteristics as the defective goods had the latter undergone repair.

4.   Where the defective goods have been used before export, the replacement products must also have been used.

The customs authorities shall, however, waive the requirement set out in the first subparagraph if the replacement product has been supplied free of charge, either because of a contractual or statutory obligation arising from a guarantee or because of a manufacturing defect.

5.   The provisions which would be applicable to the processed products shall apply to the replacement products.

Article 183

Prior importation of replacement products

1.   The customs authorities shall, under the conditions they lay down, authorize replacement products to be imported before the defective goods are exported.

In the event of such prior importation of a replacement product, a guarantee shall be provided covering the amount of the import duties that would be payable should the defective goods not be exported in accordance with paragraph 2.

2.   The defective goods shall be exported within a period of two months from the date of acceptance by the customs authorities of the declaration for the release for free circulation of the replacement products.

3.   Where, in exceptional circumstances, the defective goods cannot be exported within the period referred to in paragraph 2, the customs authorities may, at the request of the person concerned, extend that period.

TITLE VIII

DEPARTURE OF GOODS FROM THE CUSTOMS TERRITORY OF THE COMMUNITY

CHAPTER 1

GOODS LEAVING THE CUSTOMS TERRITORY

Article 184

Obligation to lodge pre-departure declaration

1.   Goods destined to leave the customs territory of the Community shall be covered by a pre-departure declaration lodged or made available at the competent customs office before the goods are to be brought out of the customs territory of the Community.

However, the first subparagraph shall not apply to goods carried on means of transport which only pass through the territorial waters or the airspace of the customs territory of the Community without a stop therein.

2.   Where a customs declaration, or a re-export notification in accordance with Article 188, is required, that declaration or notification shall constitute the pre-departure declaration.

Where neither a customs declaration nor a re-export notification is required, the pre-departure declaration shall take the form of the exit summary declaration referred to in Article 189.

3.   The pre-departure declaration shall contain at least the particulars necessary for the exit summary declaration.

Article 185

Measures establishing certain details

The Commission shall, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it
  concerning the following:

| (a) | the cases in which, and the conditions under which, goods leaving the customs territory of the Community are not subject to a pre-departure declaration; |
| --- | --- |

(a)

the cases in which, and the conditions under which, goods leaving the customs territory of the Community are not subject to a pre-departure declaration;

| (b) | the conditions under which the requirement for a pre-departure declaration may be waived or adapted; |
| --- | --- |

(b)

the conditions under which the requirement for a pre-departure declaration may be waived or adapted;

| (c) | the deadline by which the pre-departure declaration shall be lodged or made available before the goods are brought out of the customs territory of the Community; |
| --- | --- |

(c)

the deadline by which the pre-departure declaration shall be lodged or made available before the goods are brought out of the customs territory of the Community;

| (d) | any exceptions from and variations to the deadline referred to in point (c); |
| --- | --- |

(d)

any exceptions from and variations to the deadline referred to in point (c);

| (e) | the determination of the competent customs office at which the pre-departure declaration shall be lodged or made available and where risk analysis and risk-based export and exit controls are to be carried out. |
| --- | --- |

(e)

the determination of the competent customs office at which the pre-departure declaration shall be lodged or made available and where risk analysis and risk-based export and exit controls are to be carried out.

In adopting these measures, account shall be taken of the following:

| (a) | special circumstances; |
| --- | --- |

(a)

special circumstances;

| (b) | the application of these measures to certain types of goods traffic, modes of transport or economic operators; |
| --- | --- |

(b)

the application of these measures to certain types of goods traffic, modes of transport or economic operators;

| (c) | international agreements which provide for special security arrangements. |
| --- | --- |

(c)

international agreements which provide for special security arrangements.

Article 186

Formalities and customs supervision

1.   Goods destined to leave the customs territory of the Community shall be subject to the application of exit formalities, which shall, as appropriate, include the following:

| (a) | the repayment or remission of import duties or payment of export refunds; |
| --- | --- |

(a)

the repayment or remission of import duties or payment of export refunds;

| (b) | the collection of export duties; |
| --- | --- |

(b)

the collection of export duties;

| (c) | the formalities required under the VAT and excise provisions in force; |
| --- | --- |

(c)

the formalities required under the VAT and excise provisions in force;

| (d) | the application of prohibitions and restrictions, justified on grounds of public morality, public policy or public security, the protection of the health and life of humans, animals or plants, the protection of the environment, the protection of national treasures possessing artistic, historic or archaeological value, the implementation of fishery conservation and management measures or the protection of industrial or commercial property, including controls on drug pre-cursors, counterfeit goods and cash leaving the Community. |
| --- | --- |

(d)

the application of prohibitions and restrictions, justified on grounds of public morality, public policy or public security, the protection of the health and life of humans, animals or plants, the protection of the environment, the protection of national treasures possessing artistic, historic or archaeological value, the implementation of fishery conservation and management measures or the protection of industrial or commercial property, including controls on drug pre-cursors, counterfeit goods and cash leaving the Community.

2.   Goods leaving the customs territory of the Community shall be subject to customs supervision and may be subject to customs controls.

Where appropriate, the customs authorities may determine the route to be used when goods are to leave the customs territory of the Community,
  and the time limit for their removal from that territory
  .

3.   Release for exit shall be granted on condition that the goods in question leave the customs territory of the Community in the same condition as when the pre-departure declaration was accepted.

4.   The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures for the implementation of paragraphs 1, 2 and 3 of this Article.

CHAPTER 2

EXPORT

Article 187

Community goods

Community goods destined to leave the customs territory of the Community shall be placed under the export procedure.

The first paragraph shall not apply to the following goods:

| (a) | goods placed under the end-use or outward processing procedure; |
| --- | --- |

(a)

goods placed under the end-use or outward processing procedure;

| (b) | goods placed under the internal transit procedure or leaving the customs territory of the Community temporarily, in accordance with Article 109. |
| --- | --- |

(b)

goods placed under the internal transit procedure or leaving the customs territory of the Community temporarily, in accordance with Article 109.

The Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the export formalities applicable to goods placed under the end-use or outward processing procedure.

Article 188

Non-Community goods

1.   Non-Community goods destined to leave the customs territory of the Community shall be subject to a re-export notification to be lodged at the competent customs office and to the exit formalities.

2.   Articles 110 to 124 shall apply mutatis mutandis to the re-export notification.

3.   Paragraph 1 shall not apply to the following goods:

| (a) | goods placed under the external transit procedure and which only pass through the customs territory of the Community; |
| --- | --- |

(a)

goods placed under the external transit procedure and which only pass through the customs territory of the Community;

| (b) | goods trans-shipped within, or directly exported from, a free zone; |
| --- | --- |

(b)

goods trans-shipped within, or directly exported from, a free zone;

| (c) | goods under the temporary storage procedure which are directly exported from an authorized temporary storage facility. |
| --- | --- |

(c)

goods under the temporary storage procedure which are directly exported from an authorized temporary storage facility.

Article 189

Exit summary declaration

1.   Where
  Community or
  non-Community goods are destined to leave the customs territory of the Community and a re-export notification is not required, an exit summary declaration shall be lodged at the competent customs office, in accordance with
  Article 184
  .

2.   The exit summary declaration shall be made using an electronic data processing technique. Commercial, port or transport information may be used, provided that it contains the necessary particulars for an exit summary declaration.

In exceptional circumstances, customs authorities may accept paper-based exit summary declarations, provided that they apply the same level of risk management as that applied to exit summary declarations made using an electronic data processing technique and that the requirements for the exchange of such data with other customs offices can be met.

The customs authorities may allow the lodging of an export summary declaration to be replaced by the lodging of a notification accompanied by access to the summary declaration data held in the economic operator's computer system.

3.   The exit summary declaration shall be lodged by one of the following persons:

| (a) | the person who brings the goods, or who assumes responsibility for the carriage of the goods, out of the customs territory of the Community; |
| --- | --- |

(a)

the person who brings the goods, or who assumes responsibility for the carriage of the goods, out of the customs territory of the Community;

| (b) | the exporter or consignor or other person in whose name or on whose behalf the persons referred to in point (a) act; |
| --- | --- |

(b)

the exporter or consignor or other person in whose name or on whose behalf the persons referred to in point (a) act;

| (c) | any person who is able to present the goods in question or to have them presented to the competent customs authority. |
| --- | --- |

(c)

any person who is able to present the goods in question or to have them presented to the competent customs authority.

4.
     
  Where the export summary declaration is lodged by a person other than the operator of the means of transport by which the goods leave Community customs territory, that operator shall, within the time limit referred to in Article 185, first paragraph, point (c), lodge with the appropriate customs office a notification of departure in the form of a manifest, a dispatch note or a load sheet containing the information required in order to enable all the goods transported which are to be covered by an export summary declaration to be identified.

Paragraph 2 shall apply,

  mutatis mutandis

  , to the first subparagraph of this paragraph.

Pursuant to the procedure referred to in Article 194(2) the Commission shall adopt measures specifying:

| (a) | the information to be shown on the notification of departure; |
| --- | --- |

(a)

the information to be shown on the notification of departure;

| (b) | the terms and conditions under which the requirement to lodge a notification of departure may be waived or adjusted; |
| --- | --- |

(b)

the terms and conditions under which the requirement to lodge a notification of departure may be waived or adjusted;

| (c) | the rules governing the authorised exceptions and adjustments to the time limit mentioned in the first subparagraph of this paragraph; |
| --- | --- |

(c)

the rules governing the authorised exceptions and adjustments to the time limit mentioned in the first subparagraph of this paragraph;

| (d) | the competent customs office where the notification of departure must be lodged or made available. |
| --- | --- |

(d)

the competent customs office where the notification of departure must be lodged or made available.

The following shall be taken into account in connection with the adoption of the above measures:

| (a) | the particular circumstances; |
| --- | --- |

(a)

the particular circumstances;

| (b) | the application of the measures to certain types of goods flow, modes of transport and economic operators; |
| --- | --- |

(b)

the application of the measures to certain types of goods flow, modes of transport and economic operators;

| (c) | international agreements laying down specific provisions relating to security. |
| --- | --- |

(c)

international agreements laying down specific provisions relating to security.

Article 190

Amendment of the exit summary declaration

The person who lodges the exit summary declaration shall, at his request, be permitted to amend one or more particulars of that declaration after it has been lodged.

However, no amendment shall be possible after any of the following events:

| (a) | the customs authorities have informed the person who lodged the summary declaration that they intend to examine the goods; |
| --- | --- |

(a)

the customs authorities have informed the person who lodged the summary declaration that they intend to examine the goods;

| (b) | the customs authorities have established that the particulars in question are incorrect; |
| --- | --- |

(b)

the customs authorities have established that the particulars in question are incorrect;

| (c) | the customs authorities have already allowed the removal of the goods. |
| --- | --- |

(c)

the customs authorities have already allowed the removal of the goods.

The Commission shall, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it by
  laying down exceptions to point (c) of the second subparagraph of this Article.

CHAPTER 3

RELIEF FROM DUTIES

Article 191

Temporary export

1.   Community goods may be temporarily exported from the customs territory of the Community and benefit from duty relief upon re-importation.

2.   The Commission shall, in accordance with the procedure referred to in
  Article 194(3)
  , adopt measures
  amending non-essential elements of this Regulation by supplementing it
  for the implementation of paragraph 1 of this
  Article.

TITLE IX

CUSTOMS CODE COMMITTEE AND FINAL PROVISIONS

CHAPTER 1

CUSTOMS CODE COMMITTEE

Article 192

Further implementing measures

In addition to the implementing measures referred to in this Code, the Commission shall, in accordance with the procedure referred to in Article 194(2), adopt measures laying down the following:

| (a) | rules and standards for the inter-operability of Member States' customs systems to bring about improved co-operation based upon electronic data exchange between customs authorities
  , between customs authorities and other competent authorities
  and between customs authorities and economic operators; |
| --- | --- |

(a)

rules and standards for the inter-operability of Member States' customs systems to bring about improved co-operation based upon electronic data exchange between customs authorities
  , between customs authorities and other competent authorities
  and between customs authorities and economic operators;

| (b) | the cases in which, and the conditions under which, the Commission may issue decisions requesting Member States to revoke or amend a decision; |
| --- | --- |

(b)

the cases in which, and the conditions under which, the Commission may issue decisions requesting Member States to revoke or amend a decision;

| (c) | any other implementing measures, where necessary, including where the Community accepts commitments and obligations in relation to international agreements which require the adaptation of provisions of the Code. |
| --- | --- |

(c)

any other implementing measures, where necessary, including where the Community accepts commitments and obligations in relation to international agreements which require the adaptation of provisions of the Code.

Article 193

Explanatory notes and guidelines

1.   The Commission shall, in accordance with the procedure referred to in Article 194(4), adopt the following:

| (a) | explanatory notes to this Code and the provisions adopted for its implementation, as well as to the rules of origin referred to in Article 42; |
| --- | --- |

(a)

explanatory notes to this Code and the provisions adopted for its implementation, as well as to the rules of origin referred to in Article 42;

| (b) | guidelines providing a Community interpretation of the provisions of the Code and other customs legislation. |
| --- | --- |

(b)

guidelines providing a Community interpretation of the provisions of the Code and other customs legislation.

2.
     
  Such explanatory notes and guidelines shall be included as annexes in the implementing provisions of this Regulation.

Article 194

Committee

1.   The Commission shall be assisted by the Customs Code Committee, hereinafter referred to as ‘the Committee’.

2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 4 (3) of Decision 1999/468/EC shall be set at one month.

3.
     
  Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

4.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 195

Further matters

The Committee may examine any question concerning the Code, or the measures adopted for its implementation which is raised by its chairman, either on the initiative of the Commission or at the request of a representative of a Member State, and which concerns, in particular, the following:

| (a) | any problems arising from the application of customs legislation; |
| --- | --- |

(a)

any problems arising from the application of customs legislation;

| (b) | any position to be taken by the Community in committees, working groups and panels introduced by or under international agreements dealing with customs legislation. |
| --- | --- |

(b)

any position to be taken by the Community in committees, working groups and panels introduced by or under international agreements dealing with customs legislation.

CHAPTER 2

FINAL PROVISIONS

Article 196

Repeal

Regulations (EEC)
  No 3925/91, (EEC) No 2913/92, (EC) No 82/2001 and (EC) No 1207/2001 are hereby repealed.

References to the repealed Regulations shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in the Annex.

Article 197

Reports relating to customs penalties

1.   Member States shall notify the Commission, by ... (*) at the latest, of the national provisions in force in accordance with Article 22 and shall notify it without delay of any subsequent amendment affecting them.

2.   The Member States shall, by the end of each calendar year, send the Commission a report on the application of Article 22, in accordance with the specifications requested by the Commission.

Article 198

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2009.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C ...

1

(2)  Position of the European Parliament of 12 December 2006.

2

Position

12 December 2006

(3)  COM(2004)0544, 9.8.2004.

3

COM(2004)0544

(4)  OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 648/2005 of the European Parliament and of the Council (OJ L 117, 4.5.2005, p. 13).

4

(5)  OJ L 86, 3.4.2003, p. 21. Decision as amended by Decision 2004/485/EC (OJ L 162, 30.4.2004, p. 113).

5

Decision as amended by Decision 2004/485/EC (OJ L 162, 30.4.2004, p. 113).

(6)  COM(2003)0452 final, 24.7.2003.

6

(7)  
  OJ L 117, 4.5.2005, p. 13.

7

OJ L 117, 4.5.2005, p. 13.

(8)  OJ L 76, 23.3.1992, p. 1. Directive as last amended by Directive 2004/106/EC (OJ L 359, 4.12.2004, p. 30).

8

(9)  OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 2006/69/EC (OJ L 221, 12.8.2006, p. 9).

9

Directive 2006/69/EC (OJ L 221, 12.8.2006, p. 9).

(10)  OJ L 184, 17.7.1999, p. 23.
  Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

10

Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(11)  OJ L 374, 31.12.1991, p. 4. Regulation as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

11

(12)  OJ L 20, 20.1.2001, p. 1.

12

(13)  OJ L 165, 21.6.2001, p. 1. Regulation as amended by Regulation (EC) No 1617/2006 (OJ L 300, 31.10.2006, p. 5).

13

Regulation as amended by Regulation (EC) No 1617/2006 (OJ L 300, 31.10.2006, p. 5).

(14)  OJ L 124, 8.6.1971, p. 1.

14

(15)  OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Regulation (EC) No 1758/2006 (OJ L 335, 1.12.2006, p. 1).

15

Regulation as last amended by Regulation (EC) No 1758/2006 (OJ L 335, 1.12.2006, p. 1).

(16)  OJ L 118, 25.5.1995, p. 10. Regulation as last amended by Regulation (EC) No 476/97 (OJ L 75, 15.3.1997, p. 1).

16

Regulation as last amended by Regulation (EC) No 476/97 (OJ L 75, 15.3.1997, p. 1).

(17)  OJ L 102, 17.4.1999, p. 11. Regulation as last amended by Regulation (EC) No 1913/2006 (OJ L 365, 21.12.2006, p. 52).

17

Regulation as last amended by Regulation (EC) No 1913/2006 (OJ L 365, 21.12.2006, p. 52).

(*)  Two months after the date of entry into force of this Regulation.

*

Two months after the date of entry into force of this Regulation.

ANNEX

Correlation Table 1: New Regulation > Regulation (EEC) 2913/92

| New Article | Former Articles in Reg. 2913/92 | New Article | Reg. 2913/92 |
| --- | --- | --- | --- |
| 1 | new | 47 | new |
| 2 | 2 | 48 | new |
| 3 | 3 | 49 | 201 |
| 4 | 1, 4 | 50 | 216 |
| 5 | new & 15 | 51 | 202, 203, ex 204, 206 |
| 6 | new | 52 | 143(2), ex 144, 208 |
| 7 | new | 53 | 209 |
| 8 | 11 | 54 | 210, 211 |
| 9 | 14 + 199 CCIP | 55 | 212 |
| 10 | new | 56 | 213 |
| 11 | 5 (1)(2) & (3) | 57 | 121, 122, ex 144, 214 |
| 12 | 5 (4) | 58 | 112, 121, 122, 135, 136, ex 144, 178 |
| 13 | new | 59 | new |
| 14 | 5a (1) | 60 | 215(1)(2) & (4) |
| 15 | 5a (2) | 61 | 189, 191 |
| 16 | 5a (2) | 62 | 192(1) |
| 17 | 6, 7, ex 10 | 63 | 190, 192(2) |
| 18 | ex 250 | 64 | 193, 194, 197 |
| 19 | 8 | 65 | 196 |
| 20 | 9 | 66 | 195 |
| 21 | 12 | 67 | 94 (1)-(4) |
| 22 | new | 68 | 94 (5)(6)(7) |
| 23 | 246 | 69 | 198 |
| 24 | 243 | 70 | 199 |
| 25 | 244 | 71 | 215(3), 217 |
| 26 | 245 | 72 | 221(1) & (2) |
| 27 | 13 | 73 | 221(3) & (4) |
| 28 | new | 74 | 217, 220 (2) a & c |
| 29 | ex 78 | 75 | 218, 219 (2) & 220(1) |
| 30 | Reg. 3925/91 | 76 | new |
| 31 | 16 | 77 | 222 |
| 32 | 11(2) | 78 | 223, 231 |
| 33 | 18, 35 | 79 | 224, 225, 226 |
| 34 | 17 | 80 | 227 |
| 35 | 19 | 81 | 228 |
| 36 | 20(1)-(5), 21 | 82 | 229, 230 |
| 37 | 20(6) | 83 | 232, 214 (3) |
| 38 | 22 | 84 | 235, 241, 242 |
| 39 | 23, 24 | 85 | 237, 239, 240 |
| 40 | 26 | 86 | 236 |
| 41 | new | 87 | 238 |
| 42 | 27 | 88 | 220(2)(b), 236 |
| 43 | 28, 36 | 89 | 239 |
| 44 | 29, 32, 36 | 90 | new |
| 45 | 30, 32(1)(e), 33 | 91 | new |
| 46 | 31 | 92 | 150(2), ex 204, 205, 206, 207, 212a, 233, 234 |
| 93 | 36a, 36b(1) | 147 | 90, 103 |
| 94 | 36b(1)-(4) | 148 | 91(3), 111 |
| 95 | 36b(5) | 149 | 109, 173(b) |
| 96 | 36c | 150 | ex 114, ex 115 |
| 97 | 37, 42, 58(2) | 151 | 92, 97, 98(3), 109(4), 115 (2), 120, 131, 142 (2), 146 (2), 165 |
| 98 | 38(1)-(4) | 152 | 91 |
| 99 | 38(5) | 153 | 93, 163, 164 |
| 100 | 39 | 154 | new |
| 101 | 40, 41 | 155 | 95, 96 |
| 102 | 46, 47 | 156 | 93 |
| 103 | 48, 49, 58(1) | 157 | 98, 166 |
| 104 | 50 | 158 | 101, 102 |
| 105 | 54 | 159 | 108, 110, 171 |
| 106 | 55 | 160 | 50, 51(2), 53 |
| 107 | Ex Article 313 CCIP | 161 | 51(1), 52 |
| 108 | 83 | 162 | 99, 110 |
| 109 | 164 | 163 | 106 |
| 110 | 59 | 164 | 167(1)-(3), 168(1) & (2) |
| 111 | 60 | 165 | 167(4), 172 |
| 112 | 61, ex 77 | 166 | 173 |
| 113 | 62, 76(1)a, 77 | 167 | ex 169, 170 |
| 114 | 63, 67 | 168 | 169, ex 170 |
| 115 | 64 | 169 | 175 |
| 116 | 65 | 170 | 177, 181 |
| 117 | 66 | 171 | 180 |
| 118 | 68, ex 250 | 172 | 137, 139 |
| 119 | 69 | 173 | 140 |
| 120 | 70 | 174 | 141, 142 |
| 121 | 71, ex 250 | 175 | 143(1) & (2) |
| 122 | 72, ex 250 | 176 | 82 |
| 123 | 73 | 177 | 119 |
| 124 | 74 | 178 | 130, ex 114 |
| 125 | 76(1) & (4) | 179 | 118 |
| 126 | 76(1)(c) | 180 | 123 |
| 127 | new | 181 | 145, 146, 149, 150, 151, 153(2) |
| 128 | 76(2) & (3) | 182 | 152 |
| 129 | new | 183 | 154, 155, 156 |
| 130 | 81 | 184 | 154 (4), 157 |
| 131 | 56 | 185 | 182a |
| 132 | 57, 75, 78(3) | 186 | 182b, ex 182c, 161(4) & (5) |
| 133 | ex 182 | 187 | ex 161, 162, 183 |
| 134 | new | 188 | 161(1), (2) |
| 135 | 79 | 189 | 182, ex 182c |
| 136 | 185(1) | 190 | ex 182c, 182d |
| 137 | 185(2) | 191 | 182d(4) |
| 138 | 186 | 192 | new |
| 139 | 187 | 193 | 184 + Reg. 918/83 |
| 140 | 188 | 194 | 247, 248 |
| 141 | 184 + Reg. 918/83 | 195 | new |
| 142 | 84 | 196 | 247a, 248a |
| 143 | 85, 86, 87, 88, 94, 95, 100, 104, 116, 117, 132, 133, 138, 147, 148 | 197 | 249 |
| 144 | new | 198 | 251, 252 |
| 145 | 105, 106 (3), 107, 176 | 199 | 253 |
| 146 | 89, 92 | — | — |

New Article

Former Articles in Reg. 2913/92

New Article

Reg. 2913/92

1

new

47

new

2

2

48

new

3

3

49

201

4

1, 4

50

216

5

new & 15

51

202, 203, ex 204, 206

6

new

52

143(2), ex 144, 208

7

new

53

209

8

11

54

210, 211

9

14 + 199 CCIP

55

212

10

new

56

213

11

5 (1)(2) & (3)

57

121, 122, ex 144, 214

12

5 (4)

58

112, 121, 122, 135, 136, ex 144, 178

13

new

59

new

14

5a (1)

60

215(1)(2) & (4)

15

5a (2)

61

189, 191

16

5a (2)

62

192(1)

17

6, 7, ex 10

63

190, 192(2)

18

ex 250

64

193, 194, 197

19

8

65

196

20

9

66

195

21

12

67

94 (1)-(4)

22

new

68

94 (5)(6)(7)

23

246

69

198

24

243

70

199

25

244

71

215(3), 217

26

245

72

221(1) & (2)

27

13

73

221(3) & (4)

28

new

74

217, 220 (2) a & c

29

ex 78

75

218, 219 (2) & 220(1)

30

Reg. 3925/91

76

new

31

16

77

222

32

11(2)

78

223, 231

33

18, 35

79

224, 225, 226

34

17

80

227

35

19

81

228

36

20(1)-(5), 21

82

229, 230

37

20(6)

83

232, 214 (3)

38

22

84

235, 241, 242

39

23, 24

85

237, 239, 240

40

26

86

236

41

new

87

238

42

27

88

220(2)(b), 236

43

28, 36

89

239

44

29, 32, 36

90

new

45

30, 32(1)(e), 33

91

new

46

31

92

150(2), ex 204, 205, 206, 207, 212a, 233, 234

93

36a, 36b(1)

147

90, 103

94

36b(1)-(4)

148

91(3), 111

95

36b(5)

149

109, 173(b)

96

36c

150

ex 114, ex 115

97

37, 42, 58(2)

151

92, 97, 98(3), 109(4), 115 (2), 120, 131, 142 (2), 146 (2), 165

98

38(1)-(4)

152

91

99

38(5)

153

93, 163, 164

100

39

154

new

101

40, 41

155

95, 96

102

46, 47

156

93

103

48, 49, 58(1)

157

98, 166

104

50

158

101, 102

105

54

159

108, 110, 171

106

55

160

50, 51(2), 53

107

Ex Article 313 CCIP

161

51(1), 52

108

83

162

99, 110

109

164

163

106

110

59

164

167(1)-(3), 168(1) & (2)

111

60

165

167(4), 172

112

61, ex 77

166

173

113

62, 76(1)a, 77

167

ex 169, 170

114

63, 67

168

169, ex 170

115

64

169

175

116

65

170

177, 181

117

66

171

180

118

68, ex 250

172

137, 139

119

69

173

140

120

70

174

141, 142

121

71, ex 250

175

143(1) & (2)

122

72, ex 250

176

82

123

73

177

119

124

74

178

130, ex 114

125

76(1) & (4)

179

118

126

76(1)(c)

180

123

127

new

181

145, 146, 149, 150, 151, 153(2)

128

76(2) & (3)

182

152

129

new

183

154, 155, 156

130

81

184

154 (4), 157

131

56

185

182a

132

57, 75, 78(3)

186

182b, ex 182c, 161(4) & (5)

133

ex 182

187

ex 161, 162, 183

134

new

188

161(1), (2)

135

79

189

182, ex 182c

136

185(1)

190

ex 182c, 182d

137

185(2)

191

182d(4)

138

186

192

new

139

187

193

184 + Reg. 918/83

140

188

194

247, 248

141

184 + Reg. 918/83

195

new

142

84

196

247a, 248a

143

85, 86, 87, 88, 94, 95, 100, 104, 116, 117, 132, 133, 138, 147, 148

197

249

144

new

198

251, 252

145

105, 106 (3), 107, 176

199

253

146

89, 92

—

—

Correlation Table 2: Former Regulation (EEC) 2913/92 > New Regulation

| Reg. 2913/92 | New Article | Reg. 2913/92 | New Article |
| --- | --- | --- | --- |
| Article 1 | 4 | Article 44 | Withdrawn |
| 2 | 2 | 45 | Withdrawn |
| 3 | 3 | 46 | 102 |
| 4 | 4 | 47 | 102 |
| 5 | 11, 12 | 48 | 103 |
| 5a | 14, 15, 16 | 49 | 103 |
| 6 | 17 | 50 | 104, 160 |
| 7 | 17 | 51 | 160, 161 |
| 8 | 19 | 52 | 161 |
| 9 | 20 | 53 | 160 |
| 10 | 17 | 54 | 105 |
| 11 | 8, 32 | 55 | 106 |
| 12 | 21 | 56 | 131 |
| 13 | 27 | 57 | 103 |
| 14 | 9 | 58 | 97, 103 |
| 15 | 5 | 59 | 110 |
| 16 | 31 | 60 | 111 |
| 17 | 34 | 61 | 112 |
| 18 | 33 | 62 | 113 |
| 19 | 35 | 63 | 114 |
| 20 | 36, 37 | 64 | 115 |
| 21 | 36 | 65 | 116 |
| 22 | 38 | 66 | 117 |
| 23 | 39 | 67 | 114 |
| 24 | 39 | 68 | 118 |
| 25 | Withdrawn | 69 | 119 |
| 26 | 40 | 70 | 120 |
| 27 | 42 | 71 | 121 |
| 28 | 43 | 72 | 122 |
| 29 | 44 | 73 | 123 |
| 30 | 45 | 74 | 124 |
| 31 | 46 | 75 | 132 |
| 32 | 44, 45 | 76 | 113, 125, 126, 128 |
| 33 | 45 | 77 | 112, 113 |
| 34 | 47 | 78 | 29 |
| 35 | 33 | 79 | 135 |
| 36 | 44 | 80 | Withdrawn |
| 36a | 93 | 81 | 130 |
| 36b | 93, 94, 95 | 82 | 176 |
| 36c | 96 | 83 | 108 |
| 37 | 97 | 84 | 142 |
| 38 | 98, 99 | 85 | 143 |
| 39 | 100 | 86 | 143 |
| 40 | 101 | 87 | 143 |
| 41 | 101 | 88 | 143 |
| 42 | 97 | 89 | 146 |
| 43 | Withdrawn | 90 | 147 |
| 91 | 148, 152 | 141 | 174 |
| 92 | 146, 151 | 142 | 174, 151 |
| 93 | 153, 156 | 143 | 53, 175 |
| 94 | 67, 68, 143 | 144 | 52, 57, 58 |
| 95 | 143, 155 | 145 | 181 |
| 96 | 155 | 146 | 151, 181 |
| 97 | 151 | 147 | 143 |
| 98 | 151, 157 | 148 | 143 |
| 99 | 162 | 149 | 181 |
| 100 | 143 | 150 | 181 |
| 101 | 158 | 151 | 181 |
| 102 | 158 | 152 | 92, 182 |
| 103 | 147 | 153 | 181 |
| 104 | 143 | 154 | 183, 184 |
| 105 | 145 | 155 | 183 |
| 106 | 145, 163 | 156 | 183 |
| 107 | 145 | 157 | 184 |
| 108 | 159 | 158 | Withdrawn |
| 109 | 149, 151 | 159 | Withdrawn |
| 110 | 159, 162 | 160 | Withdrawn |
| 111 | 148 | 161 | 186, 187, 188 |
| 112 | 58 | 162 | 187 |
| 113 | Withdrawn | 163 | 153 |
| 114 | 150, 178 | 164 | 109, 153 |
| 115 | 150, 151 | 165 | 151 |
| 116 | 143 | 166 | 157 |
| 117 | 143 | 167 | 164, 165 |
| 118 | 179 | 168 | 164 |
| 119 | 177 | 168a | Withdrawn |
| 120 | 151 | 169 | 167, 168 |
| 121 | 57, 58 | 170 | 167, 168 |
| 122 | 57, 58 | 171 | 159 |
| 123 | 180 | 172 | 165 |
| 124 | Withdrawn | 173 | 149, 166 |
| 125 | Withdrawn | 174 | Withdrawn |
| 126 | Withdrawn | 175 | 169 |
| 127 | Withdrawn | 176 | 145 |
| 128 | Withdrawn | 177 | 170 |
| 129 | Withdrawn | 178 | 58 |
| 130 | 178 | 179 | Withdrawn |
| 131 | 151 | 180 | 171 |
| 132 | 143 | 181 | 170 |
| 133 | 143 | 182 | 133, 189 |
| 134 | Withdrawn | 182a | 185 |
| 135 | 58 | 182b | 186 |
| 136 | 58 | 182c | 186, 189, 190 |
| 137 | 172 | 182d | 190, 191 |
| 138 | 143 | 183 | 187 |
| 139 | 172 | 184 | 141, 193 |
| 140 | 173 | 185 | 136, 137 |
| 186 | 138 | 220 | 74, 75, 88 |
| 187 | 139 | 221 | 72, 73 |
| 188 | 140 | 222 | 77 |
| 189 | 61 | 223 | 78 |
| 190 | 63 | 224 | 79 |
| 191 | 61 | 225 | 79 |
| 192 | 62, 63 | 226 | 79 |
| 193 | 64 | 227 | 80 |
| 194 | 64 | 228 | 81 |
| 195 | 66 | 229 | 82 |
| 196 | 65 | 230 | 82 |
| 197 | 64 | 231 | 78 |
| 198 | 69 | 232 | 83 |
| 199 | 70 | 233 | 92 |
| 200 | Withdrawn | 235 | 84 |
| 201 | 49 | 236 | 86, 88 |
| 202 | 51 | 237 | 85 |
| 203 | 51 | 238 | 87 |
| 204 | 51, 92 | 239 | 85, 89 |
| 205 | 92 | 240 | 85 |
| 206 | 51, 92 | 241 | 84 |
| 207 | 92 | 242 | 84 |
| 208 | 52 | 243 | 24 |
| 209 | 53 | 244 | 25 |
| 210 | 54 | 245 | 26 |
| 211 | 54 | 246 | 23 |
| 212 | 55 | 247 | 194 |
| 212a | 92 | 247a | 196 |
| 213 | 56 | 248 | 194 |
| 214 | 57, 83 | 248a | 196 |
| 215 | 60, 71 | 249 | 197 |
| 216 | 50 | 250 | 18, 118, 121, 122 |
| 217 | 74 | 251 | 198 |
| 218 | 75 | 252 | 198 |
| 219 | 75 | 253 | 199 |

Reg. 2913/92

New Article

Reg. 2913/92

New Article

Article 1

4

Article 44

Withdrawn

2

2

45

Withdrawn

3

3

46

102

4

4

47

102

5

11, 12

48

103

5a

14, 15, 16

49

103

6

17

50

104, 160

7

17

51

160, 161

8

19

52

161

9

20

53

160

10

17

54

105

11

8, 32

55

106

12

21

56

131

13

27

57

103

14

9

58

97, 103

15

5

59

110

16

31

60

111

17

34

61

112

18

33

62

113

19

35

63

114

20

36, 37

64

115

21

36

65

116

22

38

66

117

23

39

67

114

24

39

68

118

25

Withdrawn

69

119

26

40

70

120

27

42

71

121

28

43

72

122

29

44

73

123

30

45

74

124

31

46

75

132

32

44, 45

76

113, 125, 126, 128

33

45

77

112, 113

34

47

78

29

35

33

79

135

36

44

80

Withdrawn

36a

93

81

130

36b

93, 94, 95

82

176

36c

96

83

108

37

97

84

142

38

98, 99

85

143

39

100

86

143

40

101

87

143

41

101

88

143

42

97

89

146

43

Withdrawn

90

147

91

148, 152

141

174

92

146, 151

142

174, 151

93

153, 156

143

53, 175

94

67, 68, 143

144

52, 57, 58

95

143, 155

145

181

96

155

146

151, 181

97

151

147

143

98

151, 157

148

143

99

162

149

181

100

143

150

181

101

158

151

181

102

158

152

92, 182

103

147

153

181

104

143

154

183, 184

105

145

155

183

106

145, 163

156

183

107

145

157

184

108

159

158

Withdrawn

109

149, 151

159

Withdrawn

110

159, 162

160

Withdrawn

111

148

161

186, 187, 188

112

58

162

187

113

Withdrawn

163

153

114

150, 178

164

109, 153

115

150, 151

165

151

116

143

166

157

117

143

167

164, 165

118

179

168

164

119

177

168a

Withdrawn

120

151

169

167, 168

121

57, 58

170

167, 168

122

57, 58

171

159

123

180

172

165

124

Withdrawn

173

149, 166

125

Withdrawn

174

Withdrawn

126

Withdrawn

175

169

127

Withdrawn

176

145

128

Withdrawn

177

170

129

Withdrawn

178

58

130

178

179

Withdrawn

131

151

180

171

132

143

181

170

133

143

182

133, 189

134

Withdrawn

182a

185

135

58

182b

186

136

58

182c

186, 189, 190

137

172

182d

190, 191

138

143

183

187

139

172

184

141, 193

140

173

185

136, 137

186

138

220

74, 75, 88

187

139

221

72, 73

188

140

222

77

189

61

223

78

190

63

224

79

191

61

225

79

192

62, 63

226

79

193

64

227

80

194

64

228

81

195

66

229

82

196

65

230

82

197

64

231

78

198

69

232

83

199

70

233

92

200

Withdrawn

235

84

201

49

236

86, 88

202

51

237

85

203

51

238

87

204

51, 92

239

85, 89

205

92

240

85

206

51, 92

241

84

207

92

242

84

208

52

243

24

209

53

244

25

210

54

245

26

211

54

246

23

212

55

247

194

212a

92

247a

196

213

56

248

194

214

57, 83

248a

196

215

60, 71

249

197

216

50

250

18, 118, 121, 122

217

74

251

198

218

75

252

198

219

75

253

199

Correlation Table 3: Repealed Regulation > New Regulation

| Former Regulation | New Article |
| --- | --- |
| (EEC) No 918/83 | Articles 141 & 193 |
| (EEC) No 3925/91 | Article 30 |
| (EC) No 82/2001 | Article 42 |
| (EC) No 1207/2001 | Article 42 |

Former Regulation

New Article

(EEC) No 918/83

Articles 141 & 193

(EEC) No 3925/91

Article 30

(EC) No 82/2001

Article 42

(EC) No 1207/2001

Article 42

P6_TA(2006)0546

Circulation of compound feedingstuffs ***I

European Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council correcting Directive 2002/2/EC amending Council Directive 79/373/EEC on the circulation of compound feedingstuffs (COM(2006)0340 — C6-0209/2006 — 2006/0117(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0340) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0340) (1),

| — | having regard to Article 251(2) and Article 152(4)(b) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0209/2006), |
| --- | --- |

—

having regard to Article 251(2) and Article 152(4)(b) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0209/2006),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Agriculture and Rural Development (A6-0411/2006); |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development (A6-0411/2006);

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and Commission.

---

(1)  Not yet published in OJ.

P6_TC1-COD(2006)0117

Position of the European Parliament adopted at first reading on 12 December 2006 with a view to the adoption of Decision No .../2006/EC of the European Parliament and of the Council correcting Directive 2002/2/EC amending Council Directive 79/373/EEC on the circulation of compound feedingstuffs

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 152(4)(b) thereof,

Having regard to the proposal from the Commission,

Having consulted the European Economic and Social Committee,

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (1),

Whereas:

| (1) | Article 1(1)(b) of Directive 2002/2/EC of the European Parliament and of the Council (2), amended Council Directive 79/373/EEC on the circulation of compound feedingstuffs (3). That provision added a point to Article 5(1) of Directive 79/373/EEC, requiring manufacturers of compound animal feedingstuffs to indicate, at the customer's request, the exact composition of a feedingstuff. |
| --- | --- |

(1)

Article 1(1)(b) of Directive 2002/2/EC of the European Parliament and of the Council (2), amended Council Directive 79/373/EEC on the circulation of compound feedingstuffs (3). That provision added a point to Article 5(1) of Directive 79/373/EEC, requiring manufacturers of compound animal feedingstuffs to indicate, at the customer's request, the exact composition of a feedingstuff.

| (2) | The Court of Justice of the European Communities, in its judgment of 6 December 2005 in Joined Cases C-453/03, C-11/04, C-12/04 and C-194/04 (4), declared Article 1(1)(b) of Directive 2002/2/EC invalid, in the light of the principle of proportionality. |
| --- | --- |

(2)

The Court of Justice of the European Communities, in its judgment of 6 December 2005 in Joined Cases C-453/03, C-11/04, C-12/04 and C-194/04 (4), declared Article 1(1)(b) of Directive 2002/2/EC invalid, in the light of the principle of proportionality.

| (3) | Article 233 of the Treaty requires the institutions whose act has been declared void to take the necessary measures to comply with the judgment of the Court of Justice. |
| --- | --- |

(3)

Article 233 of the Treaty requires the institutions whose act has been declared void to take the necessary measures to comply with the judgment of the Court of Justice.

| (4) | The objective of ensuring feed safety is being achieved, amongst others, through implementation of the provisions of Regulation (EC) No 178/2002

   (5)

  and Regulation (EC) No 183/2005

   (6). |
| --- | --- |

(4)

The objective of ensuring feed safety is being achieved, amongst others, through implementation of the provisions of Regulation (EC) No 178/2002

   (5)

  and Regulation (EC) No 183/2005

   (6).

| (5) | A number of court rulings in the Member States have led to Directive 2002/2/EC being implemented differently and unevenly and various cases relating to it are currently pending before the national courts. |
| --- | --- |

(5)

A number of court rulings in the Member States have led to Directive 2002/2/EC being implemented differently and unevenly and various cases relating to it are currently pending before the national courts.

| (6) | The Council and the European Parliament are not at present making more far-reaching amendments to the basic legal act, as the Commission has promised, as part of the simplification programme, to draw up proposals by mid-2007 to overhaul feed legislation. They anticipate that the issue of the so-called ‘open declaration’ of ingredients will be fully reviewed in this connection, and expect new proposals from the Commission taking account both of the interest of farmers in being provided with precise, detailed information on the feed materials contained in feedingstuffs and the interest of the industry in ensuring that business secrets are adequately protected. |
| --- | --- |

(6)

The Council and the European Parliament are not at present making more far-reaching amendments to the basic legal act, as the Commission has promised, as part of the simplification programme, to draw up proposals by mid-2007 to overhaul feed legislation. They anticipate that the issue of the so-called ‘open declaration’ of ingredients will be fully reviewed in this connection, and expect new proposals from the Commission taking account both of the interest of farmers in being provided with precise, detailed information on the feed materials contained in feedingstuffs and the interest of the industry in ensuring that business secrets are adequately protected.

| (7) | Article 1(5) of Directive 2002/2/EC, which added to Article 12 of Directive 79/373/EEC a new sub-paragraph, already provides for an obligation of manufacturers of compound feedingstuffs to make available to the authorities responsible for carrying out official inspections, on request, any document concerning the composition of feedingstuffs intended to be put into circulation which enables the accuracy of the information given by the labelling to be verified. |
| --- | --- |

(7)

Article 1(5) of Directive 2002/2/EC, which added to Article 12 of Directive 79/373/EEC a new sub-paragraph, already provides for an obligation of manufacturers of compound feedingstuffs to make available to the authorities responsible for carrying out official inspections, on request, any document concerning the composition of feedingstuffs intended to be put into circulation which enables the accuracy of the information given by the labelling to be verified.

| (8) | Directive 2002/2/EC should therefore be corrected, |
| --- | --- |

(8)

Directive 2002/2/EC should therefore be corrected,

HAVE ADOPTED THIS DECISION:

Article 1

Directive 2002/2/EC is corrected as follows:

| (1) | Article 1(1)(b) is deleted. |
| --- | --- |

(1)

Article 1(1)(b) is deleted.

| (2) | In Article 1(6), in the text of Article 15a of Directive 79/373/EEC, the words ‘Article 5(1)(j) and (l)’ are replaced by the words ‘Article 5(1)(j)’.
  ‘Article 15a
  At the latest on 6 November 2006, the Commission shall submit a report to the European Parliament and the Council, on the basis of the information received from Member States, on the implementation of the measures introduced by Article 5(1)(j) and (5)(d) and Article 5c and the second subparagraph of Article 12, particularly as regards the indication of quantities, in the form of percentage by weight, of feed materials on the labelling of compound feedingstuffs, including the permitted tolerance, accompanied by any proposals designed to improve these measures.’. |
| --- | --- |

(2)

In Article 1(6), in the text of Article 15a of Directive 79/373/EEC, the words ‘Article 5(1)(j) and (l)’ are replaced by the words ‘Article 5(1)(j)’.

‘Article 15a

At the latest on 6 November 2006, the Commission shall submit a report to the European Parliament and the Council, on the basis of the information received from Member States, on the implementation of the measures introduced by Article 5(1)(j) and (5)(d) and Article 5c and the second subparagraph of Article 12, particularly as regards the indication of quantities, in the form of percentage by weight, of feed materials on the labelling of compound feedingstuffs, including the permitted tolerance, accompanied by any proposals designed to improve these measures.’.

Article 2

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Article 3

This Decision is addressed to the Member States.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  Position of the European Parliament of 12 December 2006.

1

Position of the European Parliament of 12 December 2006

(2)  Directive 2002/2/EC of the European Parliament and of the Council of 28 January 2002 amending Council Directive 79/373/EEC on the circulation of compound feedingstuffs (OJ L 63, 6.3.2002, p. 23).

2

(3)  OJ L 86, 6.4.1979, p. 30. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

3

(4)  ABNA and Others ECR [2005] I-10423.

4

(5)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1). Regulation as last amended by Commission Regulation (EC) 575/2006 (OJ L 100, 8.4.2006, p. 3).

5

(6)  Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down technical requirements for feed hygiene (OJ L 35, 8.2.2005, p. 1).

6

P6_TA(2006)0547

Statistics on foreign affiliates ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on Community statistics on the structure and activity of foreign affiliates (COM(2005)0088 — C6-0084/2005 — 2005/0016(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0088) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0088) (1),

| — | having regard to Article 251(2) and Article 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0084/2005), |
| --- | --- |

—

having regard to Article 251(2) and Article 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0084/2005),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs (A6-0332/2005); |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs (A6-0332/2005);

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and Commission.

---

(1)  Not yet published in OJ.

P6_TC1-COD(2005)0016

Position of the European Parliament adopted at first reading on 12 December 2006 with a view to the adoption of Regulation (EC) No .../2007 of the European Parliament and of the Council on Community statistics on the structure and activity of foreign affiliates

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 285(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Central Bank (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

| (1) | Regular and good quality Community statistics on the structure and activity of foreign affiliates in the whole economy are essential for an adequate assessment of the impact of foreign-controlled enterprises on the European Union economy. This would also facilitate the monitoring of the effectiveness of the internal market and the gradual integration of the economies in the context of globalisation. In this context, multinational enterprises are playing a leading role, but small and medium-sized enterprises can also be concerned by foreign control. |
| --- | --- |

(1)

Regular and good quality Community statistics on the structure and activity of foreign affiliates in the whole economy are essential for an adequate assessment of the impact of foreign-controlled enterprises on the European Union economy. This would also facilitate the monitoring of the effectiveness of the internal market and the gradual integration of the economies in the context of globalisation. In this context, multinational enterprises are playing a leading role, but small and medium-sized enterprises can also be concerned by foreign control.

| (2) | The implementation and review of the General Agreement on Trade in Services (GATS) and of the Trade-Related Intellectual Property Rights Agreement (TRIPs) as well as the current and future negotiations on further agreements call for the relevant statistical information to be made available in order to assist the negotiations. |
| --- | --- |

(2)

The implementation and review of the General Agreement on Trade in Services (GATS) and of the Trade-Related Intellectual Property Rights Agreement (TRIPs) as well as the current and future negotiations on further agreements call for the relevant statistical information to be made available in order to assist the negotiations.

| (3) | For the preparation of economic, competition, enterprise, research, technical development and employment policies in the context of the liberalisation process, statistics on foreign affiliates to measure direct and indirect effects of foreign control on employment, wages and productivity in particular countries and sectors are necessary. |
| --- | --- |

(3)

For the preparation of economic, competition, enterprise, research, technical development and employment policies in the context of the liberalisation process, statistics on foreign affiliates to measure direct and indirect effects of foreign control on employment, wages and productivity in particular countries and sectors are necessary.

| (4) | The information provided under existing Community legislation or available in Member States is insufficient, inadequate or insufficiently comparable to serve as a reliable basis for the work of the Commission. |
| --- | --- |

(4)

The information provided under existing Community legislation or available in Member States is insufficient, inadequate or insufficiently comparable to serve as a reliable basis for the work of the Commission.

| (5) | Regulation (EC) No 184/2005 (3) establishes a common framework for the systematic production of Community statistics on balance of payments, international trade in services and foreign direct investment. As balance of payments statistics cover only partially the data included in the GATS, it is essential that detailed statistics on foreign affiliates be produced regularly. |
| --- | --- |

(5)

Regulation (EC) No 184/2005 (3) establishes a common framework for the systematic production of Community statistics on balance of payments, international trade in services and foreign direct investment. As balance of payments statistics cover only partially the data included in the GATS, it is essential that detailed statistics on foreign affiliates be produced regularly.

| (6) | Council Regulation (EC, Euratom) No 58/97 of 20 December 1996 concerning structural business statistics (4) and Council Regulation (EEC) No 696/93 of 15 March 1993 on the statistical units for the observation and analysis of the production system in the Community (5) established a common framework for the collection, compilation, transmission and evaluation of Community statistics on the structure and activity of businesses in the Community. |
| --- | --- |

(6)

Council Regulation (EC, Euratom) No 58/97 of 20 December 1996 concerning structural business statistics (4) and Council Regulation (EEC) No 696/93 of 15 March 1993 on the statistical units for the observation and analysis of the production system in the Community (5) established a common framework for the collection, compilation, transmission and evaluation of Community statistics on the structure and activity of businesses in the Community.

| (7) | The compilation of national accounts according to the Council Regulation (EC) No 2223/96 of 25 June 1996 on the European system of national and regional accounts in the Community (6) requires comparable, complete and reliable business statistics on foreign affiliates. |
| --- | --- |

(7)

The compilation of national accounts according to the Council Regulation (EC) No 2223/96 of 25 June 1996 on the European system of national and regional accounts in the Community (6) requires comparable, complete and reliable business statistics on foreign affiliates.

| (8) | Collectively, the Manual on Statistics of International Trade in Services of the United Nations, the Balance of Payments Manual (5th edition) of the International Monetary Fund, the Benchmark Definition on foreign direct investment and the Handbook on Economic Globalisation Indicators of the Organisation for the Economic Cooperation and Development establish the general rules for compiling international comparable statistics on foreign affiliates. |
| --- | --- |

(8)

Collectively, the Manual on Statistics of International Trade in Services of the United Nations, the Balance of Payments Manual (5th edition) of the International Monetary Fund, the Benchmark Definition on foreign direct investment and the Handbook on Economic Globalisation Indicators of the Organisation for the Economic Cooperation and Development establish the general rules for compiling international comparable statistics on foreign affiliates.

| (9) | The production of specific Community statistics is governed by the rules set out in Council Regulation (EC) No 322/97 of 17 February 1997 on Community Statistics (7). |
| --- | --- |

(9)

The production of specific Community statistics is governed by the rules set out in Council Regulation (EC) No 322/97 of 17 February 1997 on Community Statistics (7).

| (10) | Since the objective of this Regulation, namely the creation of common statistical standards for the production of comparable statistics on foreign affiliates, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve that objective. |
| --- | --- |

(10)

Since the objective of this Regulation, namely the creation of common statistical standards for the production of comparable statistics on foreign affiliates, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve that objective.

| (11) | The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (8). |
| --- | --- |

(11)

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (8).

| (12) | In particular, power should be conferred on the Commission to adapt the definitions in Annexes I and II and the level of detail in Annex III as well as to make any consequential changes to Annexes I and II, to implement the results of the pilot studies and to define the proper common quality standards and the contents and periodicity of the quality reports. Since those measures are of general scope and are designed to amend non-essential elements of, or to supplement, this Regulation by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny laid down in Article 5a of Decision 1999/468/EC. |
| --- | --- |

(12)

In particular, power should be conferred on the Commission to adapt the definitions in Annexes I and II and the level of detail in Annex III as well as to make any consequential changes to Annexes I and II, to implement the results of the pilot studies and to define the proper common quality standards and the contents and periodicity of the quality reports. Since those measures are of general scope and are designed to amend non-essential elements of, or to supplement, this Regulation by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny laid down in Article 5a of Decision 1999/468/EC.

| (13) | The Statistical Programme Committee, established by Council Decision 89/382/EEC, Euratom (9), and the Committee on Monetary, Financial and Balance of Payments Statistics, established by Council Decision 2006/856/EC (10), have been consulted, |
| --- | --- |

(13)

The Statistical Programme Committee, established by Council Decision 89/382/EEC, Euratom (9), and the Committee on Monetary, Financial and Balance of Payments Statistics, established by Council Decision 2006/856/EC (10), have been consulted,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation establishes a common framework for the systematic production of Community statistics on the structure and activity of foreign affiliates.

Article 2

Definitions

For the purpose of this Regulation, the following definitions apply:

| (a) | ‘foreign affiliate’ shall mean an enterprise resident in the compiling country over which an institutional unit not resident in the compiling country has control, or an enterprise not resident in the compiling country over which an institutional unit resident in the compiling country has control; |
| --- | --- |

(a)

‘foreign affiliate’ shall mean an enterprise resident in the compiling country over which an institutional unit not resident in the compiling country has control, or an enterprise not resident in the compiling country over which an institutional unit resident in the compiling country has control;

| (b) | ‘control’ shall mean the ability to determine the general policy of an enterprise by choosing appropriate directors, if necessary. In this context, enterprise A is deemed to be controlled by an institutional unit B when B controls, whether directly or indirectly, more than half of the shareholders' voting power or more than half of the shares; |
| --- | --- |

(b)

‘control’ shall mean the ability to determine the general policy of an enterprise by choosing appropriate directors, if necessary. In this context, enterprise A is deemed to be controlled by an institutional unit B when B controls, whether directly or indirectly, more than half of the shareholders' voting power or more than half of the shares;

| (c) | ‘foreign control’ shall mean that the controlling institutional unit is resident in a different country from the one where the institutional unit over which it has control is resident; |
| --- | --- |

(c)

‘foreign control’ shall mean that the controlling institutional unit is resident in a different country from the one where the institutional unit over which it has control is resident;

| (d) | ‘branches’ shall mean local units not constituting separate legal entities, which are dependent on foreign-controlled enterprises. They are treated as quasi-corporate enterprises within the meaning of point 3(f) of the Explanatory notes to Section III (B) of the Annex to Regulation (EEC) No 696/93; |
| --- | --- |

(d)

‘branches’ shall mean local units not constituting separate legal entities, which are dependent on foreign-controlled enterprises. They are treated as quasi-corporate enterprises within the meaning of point 3(f) of the Explanatory notes to Section III (B) of the Annex to Regulation (EEC) No 696/93;

| (e) | ‘statistics on foreign affiliates’ shall mean statistics describing the overall activity of foreign affiliates; |
| --- | --- |

(e)

‘statistics on foreign affiliates’ shall mean statistics describing the overall activity of foreign affiliates;

| (f) | ‘inward statistics on foreign affiliates’ shall mean statistics describing the activity of foreign affiliates resident in the compiling country; |
| --- | --- |

(f)

‘inward statistics on foreign affiliates’ shall mean statistics describing the activity of foreign affiliates resident in the compiling country;

| (g) | ‘outward statistics on foreign affiliates’ shall mean statistics describing the activity of foreign affiliates abroad controlled by an institutional unit resident in the compiling country; |
| --- | --- |

(g)

‘outward statistics on foreign affiliates’ shall mean statistics describing the activity of foreign affiliates abroad controlled by an institutional unit resident in the compiling country;

| (h) | ‘ultimate controlling institutional unit of a foreign affiliate’ shall mean the institutional unit, proceeding up a foreign affiliate's chain of control, which is not controlled by another institutional unit; |
| --- | --- |

(h)

‘ultimate controlling institutional unit of a foreign affiliate’ shall mean the institutional unit, proceeding up a foreign affiliate's chain of control, which is not controlled by another institutional unit;

| (i) | ‘enterprise’, ‘local unit’ and ‘institutional unit’ shall each have the same meaning as in Regulation (EEC) No 696/93. |
| --- | --- |

(i)

‘enterprise’, ‘local unit’ and ‘institutional unit’ shall each have the same meaning as in Regulation (EEC) No 696/93.

Article 3

Submission of data

Member States shall submit to the Commission (Eurostat) data on foreign affiliates in respect of the characteristics, the economic activities and the geographical breakdown as referred to in Annexes I, II and III.

Article 4

Data sources

1.   Member States shall, while complying with conditions as to quality referred to in Article 6, collect the information required under this Regulation using all the sources they consider relevant and appropriate.

2.   Natural and legal persons required to supply information shall, when responding, comply with the time limits and definitions set by the national institutions responsible for the collection of data within the Member States in accordance with this Regulation.

3.   Where the required data cannot be collected at a reasonable cost, best estimates, including zero values, may be transmitted.

Article 5

Pilot studies

1.   The Commission shall draw up a programme for pilot studies to be carried out by national authorities within the meaning of Article 2 of Regulation (EC) No 322/97 on a voluntary basis on additional variables and breakdowns for inward and outward statistics on foreign affiliates.

2.   The pilot studies shall be carried out in order to assess the relevance and feasibility of collecting data, taking into account the benefits of the availability of the data in relation to the cost of the statistical system and the burden on enterprises.

3.   The Commission programme for pilot studies shall be consistent with Annexes I and II.

4.   On the basis of the conclusions of the pilot studies, the Commission shall adopt the necessary implementation measures for inward and outward statistics on foreign affiliates in accordance with the regulatory procedure with scrutiny referred to in Article 10(3).

5.   The pilot studies shall be completed by ... (*).

Article 6

Quality standards and reports

1.   Member States shall take all measures necessary to ensure the quality of the data transmitted according to common quality standards.

2.   Member States shall supply the Commission (Eurostat) with a report on the quality of the data transmitted (quality reports).

3.   The common quality standards as well as the content and periodicity of the quality reports shall be specified by the Commission in accordance with the regulatory procedure with scrutiny referred to in Article 10(3).

4.   The Commission shall assess the quality of the data transmitted.

Article 7

Recommendations manual

The Commission shall, in close cooperation with the Member States, publish a recommendations manual which contains the relevant definitions and supplementary guidance concerning the Community statistics produced pursuant to this Regulation.

Article 8

Timetable and derogations

1.   Member States shall compile the data according to the implementation timetable as specified in Annexes I and II.

2.   During a transitional period that shall not exceed four years from the first reference year as referred to in Annexes I and II, derogations from the provisions of this Regulation may be granted for a limited period by the Commission to Member States, in accordance with the regulatory procedure referred to in Article 10(2), when their national systems require major adaptations.

Article 9

Implementing measures

1.   The following measures for implementing this Regulation shall be adopted in accordance with the regulatory procedure referred to in Article 10(2):

| (a) | setting out the appropriate format and procedure for the transmission of results by Member States; and |
| --- | --- |

(a)

setting out the appropriate format and procedure for the transmission of results by Member States; and

| (b) | granting derogations to Member States when their national systems require major adaptations, including granting derogations from any new requirements following pilot studies, pursuant to Article 8(2). |
| --- | --- |

(b)

granting derogations to Member States when their national systems require major adaptations, including granting derogations from any new requirements following pilot studies, pursuant to Article 8(2).

2.   The following measures designed to amend non-essential elements of this Regulation, including by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(3):

| (a) | adapting definitions in Annexes I and II, adapting the level of detail in Annex III, and making any consequential changes in Annexes I and II; |
| --- | --- |

(a)

adapting definitions in Annexes I and II, adapting the level of detail in Annex III, and making any consequential changes in Annexes I and II;

| (b) | implementing the results of the pilot studies, pursuant to Article 5(4); and |
| --- | --- |

(b)

implementing the results of the pilot studies, pursuant to Article 5(4); and

| (c) | defining proper common quality standards and the contents and periodicity of the quality reports, pursuant to Article 6(3). |
| --- | --- |

(c)

defining proper common quality standards and the contents and periodicity of the quality reports, pursuant to Article 6(3).

3.   Particular consideration shall be given to the principle that the benefits of such measures must outweigh their costs, and to the principle that any additional financial burden on Member States or enterprises should remain within a reasonable limit.

Article 10

Committee

1.   The Commission shall be assisted by the Statistical Programme Committee (the Committee).

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period referred to in Article 5(6) of Decision 1999/468/EC shall be three months.

3.   Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

4.   The European Central Bank and the national central banks may attend the meetings of the Committee as observers.

Article 11

Cooperation with the Committee on Monetary, Financial and Balance of Payments Statistics

In implementing this Regulation, the Commission shall request the opinion of the Committee on Monetary, Financial and Balance of Payments Statistics on all matters falling within that committee's competence, notably about all measures for adjustment to economic and technical developments concerning the collection and statistical processing of data, the processing and transmission of results.

Article 12

Report on implementation

The Commission shall, by ... (**), submit a report to the European Parliament and the Council on the implementation of this Regulation. In particular, that report shall:

| (a) | assess the quality of the statistics produced; |
| --- | --- |

(a)

assess the quality of the statistics produced;

| (b) | assess the benefits accruing to the Community, the Member States, the providers and users of statistical information of the statistics produced in relation to the costs; |
| --- | --- |

(b)

assess the benefits accruing to the Community, the Member States, the providers and users of statistical information of the statistics produced in relation to the costs;

| (c) | assess the progress of the pilot studies and their implementation; and |
| --- | --- |

(c)

assess the progress of the pilot studies and their implementation; and

| (d) | identify areas for potential improvement and amendments considered necessary in light of the results obtained and the costs involved. |
| --- | --- |

(d)

identify areas for potential improvement and amendments considered necessary in light of the results obtained and the costs involved.

Article 13

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 144, 14.6.2005, p. 14.

1

(2)  Position of the European Parliament of 12 December 2006.

2

(3)  OJ L 35, 8.2.2005, p. 23. Regulation as amended by Commission Regulation (EC) No 602/2006 (OJ L 106, 19.4.2006, p. 10).

3

(4)  OJ L 14, 17.1.1997, p. 1. Regulation as last amended by Regulation (EC) No 1893/2006 of the European Parliament and of the Council (OJ L 393, 30.12.2006, p. 1).

4

(5)  OJ L 76, 30.3.1993, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

5

(6)  OJ L 310, 30.11.1996, p. 1. Regulation as last amended by Regulation (EC) No 1267/2003 of the European Parliament and of the Council (OJ L 180, 18.7.2003, p. 1).

6

(7)  OJ L 52, 22.2.1997, p. 1. Regulation as amended by Regulation (EC) No 1882/2003.

7

(8)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

8

(9)  OJ L 181, 28.6.1989, p. 47.

9

(10)  OJ L 332, 30.11.2006, p. 21.

10

(*)  OJ: Three years from the entry into force of this Regulation.

*

(**)  OJ: Five years from the entry into force of this Regulation.

**

ANNEX I

COMMON MODULE FOR INWARD STATISTICS ON FOREIGN AFFILIATES

SECTION 1

Statistical unit

The statistical units are the enterprises and all branches, which are under foreign control according to the definitions contained in Article 2.

SECTION 2

Characteristics

The following characteristics as defined in the Annex to Commission Regulation (EC) No 2700/98 of 17 December 1998 concerning the definitions of characteristics for structural business statistics (1) will be compiled:

| Code | Title |
| --- | --- |
| 11 11 0 | Number of enterprises |
| 12 11 0 | Turnover |
| 12 12 0 | Production value |
| 12 15 0 | Value added at factor cost |
| 13 11 0 | Total purchases of goods and services |
| 13 12 0 | Purchases of goods and services purchased for resale in the same condition as received |
| 13 31 0 | Personnel costs |
| 15 11 0 | Gross investment in tangible goods |
| 16 11 0 | Number of persons employed |
| 22 11 0 | Total intra-mural R & D expenditure (*) |
| 22 12 0 | Total number of R & D personnel (*) |

Code

Title

11 11 0

Number of enterprises

12 11 0

Turnover

12 12 0

Production value

12 15 0

Value added at factor cost

13 11 0

Total purchases of goods and services

13 12 0

Purchases of goods and services purchased for resale in the same condition as received

13 31 0

Personnel costs

15 11 0

Gross investment in tangible goods

16 11 0

Number of persons employed

22 11 0

Total intra-mural R & D expenditure (*)

22 12 0

Total number of R & D personnel (*)

If the number of persons employed is not available, the number of employees (code 16 13 0) will be compiled instead.

Variables total intra-mural R & D expenditure (code 22 11 0) and total number of R & D personnel (code 22 12 0) are only required to be compiled for activities in NACE sections C, D, E and F.

For NACE section J only the number of enterprises, turnover (**) and the number of persons employed (or the number of employees instead) will be compiled.

SECTION 3

Level of detail

Data will be provided according to the concept of ‘ultimate controlling institutional unit’ with the geographical breakdown level 2-IN combined with the activity breakdown level 3 as specified in Annex III and the geographical breakdown level 3 combined with Business Economy.

SECTION 4

First reference year and periodicity

| 1. | The first reference year for which annual statistics will be compiled is the calendar year of the entry into force of this Regulation. |
| --- | --- |

1.

The first reference year for which annual statistics will be compiled is the calendar year of the entry into force of this Regulation.

| 2. | Member States will provide data for every calendar year thereafter. |
| --- | --- |

2.

Member States will provide data for every calendar year thereafter.

| 3. | The first reference year for which variables total intra-mural R & D expenditure (code 22 11 0) and total number of R & D personnel (code 22 12 0) will be compiled is 2007. |
| --- | --- |

3.

The first reference year for which variables total intra-mural R & D expenditure (code 22 11 0) and total number of R & D personnel (code 22 12 0) will be compiled is 2007.

SECTION 5

Transmission of results

The results will be transmitted within 20 months after the end of the reference year.

SECTION 6

Reports and pilot studies

| 1. | Member States will provide the Commission with a report relating to the definition, structure and availability of the statistical data to be compiled for the purposes of this common module. |
| --- | --- |

1.

Member States will provide the Commission with a report relating to the definition, structure and availability of the statistical data to be compiled for the purposes of this common module.

| 2. | For the level of detail covered by this Annex, the Commission will institute pilot studies to be carried out by national authorities within the meaning of Article 2 of Regulation (EC) No 322/97 pursuant to Article 5 of this Regulation. |
| --- | --- |

2.

For the level of detail covered by this Annex, the Commission will institute pilot studies to be carried out by national authorities within the meaning of Article 2 of Regulation (EC) No 322/97 pursuant to Article 5 of this Regulation.

| 3. | The pilot studies will be carried out in order to assess the feasibility of obtaining data, taking into account the benefits of the availability of such data in relation to the cost of collection and the burden on business. |
| --- | --- |

3.

The pilot studies will be carried out in order to assess the feasibility of obtaining data, taking into account the benefits of the availability of such data in relation to the cost of collection and the burden on business.

| 4. | Pilot studies will be conducted for the following characteristics:






  Code | Title |
| --- | --- | --- |
| | Exports of goods and services |
| Imports of goods and services |
| Intra-group exports of goods and services |
| Intra-group imports of goods and services |

4.

Pilot studies will be conducted for the following characteristics:

Code

Title

Exports of goods and services

Imports of goods and services

Intra-group exports of goods and services

Intra-group imports of goods and services

Exports, imports, intra-group exports and intra-group imports will be broken down into goods and services.

| 5. | Pilot studies will also be conducted to study the feasibility of compiling data for activities in NACE sections M, N and O and of compiling the variables total intra-mural R & D expenditure (code 22 11 0) and total number of R & D personnel (code 22 12 0) for activities in NACE sections G, H, I, K, M, N and O. Pilot studies will also be conducted to assess the relevance, feasibility and costs of breaking down the data as specified in section 2 into size classes measured in terms of number of persons employed. |
| --- | --- |

5.

Pilot studies will also be conducted to study the feasibility of compiling data for activities in NACE sections M, N and O and of compiling the variables total intra-mural R & D expenditure (code 22 11 0) and total number of R & D personnel (code 22 12 0) for activities in NACE sections G, H, I, K, M, N and O. Pilot studies will also be conducted to assess the relevance, feasibility and costs of breaking down the data as specified in section 2 into size classes measured in terms of number of persons employed.

---

(1)  OJ L 344, 18.12.1998, p. 49. Regulation as last amended by Regulation (EC) No 1670/2003 (OJ L 244, 29.9.2003, p. 74).

(*)  Variables 22 11 0 and 22 12 0 shall be reported every second year. If the total amount of turnover or the number of persons employed in a division of NACE Rev. 1.1 Sections C to F represent, in a Member State, less than 1 % of the Community total, the information necessary for the compilation of statistics relating to characteristics 22 11 0 and 22 12 0 need not be collated for the purposes of this Regulation.

(**)  For NACE Rev. 1.1 division 65 turnover will be replaced by production value.

ANNEX II

COMMON MODULE FOR OUTWARD STATISTICS ON FOREIGN AFFILIATES

SECTION 1

Statistical unit

The statistical units are the enterprises and all branches abroad that are controlled by an institutional unit resident in the compiling country, according to the definitions contained in Article 2.

SECTION 2

Characteristics

The following characteristics, as defined in the Annex to Regulation (EC) No 2700/98, will be compiled:

| Code | Title |
| --- | --- |
| 12 11 0 | Turnover |
| 16 11 0 | Number of persons employed |
| 11 11 0 | Number of enterprises |

Code

Title

12 11 0

Turnover

16 11 0

Number of persons employed

11 11 0

Number of enterprises

If the number of persons employed is not available, the number of employees (code 16 13 0) will be compiled instead.

SECTION 3

Level of detail

Data will be provided with the detail by country of location and by activity of the foreign affiliate specified in Annex III. The detail by country of location and activity will be combined as follows:

| — | Level 1 of the geographical breakdown combined with Level 2 of the activity breakdown. |
| --- | --- |

—

Level 1 of the geographical breakdown combined with Level 2 of the activity breakdown.

| — | Level 2-OUT of the geographical breakdown combined with level 1 of the activity breakdown. |
| --- | --- |

—

Level 2-OUT of the geographical breakdown combined with level 1 of the activity breakdown.

| — | Level 3 of the geographical breakdown combined with data on total activity only. |
| --- | --- |

—

Level 3 of the geographical breakdown combined with data on total activity only.

SECTION 4

First reference year and periodicity

| 1. | The first reference year for which annual statistics will be compiled is the calendar year of the entry in force of this Regulation. |
| --- | --- |

1.

The first reference year for which annual statistics will be compiled is the calendar year of the entry in force of this Regulation.

| 2. | Member States will provide data for every calendar year thereafter. |
| --- | --- |

2.

Member States will provide data for every calendar year thereafter.

SECTION 5

Transmission of results

The results will be transmitted within 20 months from the end of the reference year.

SECTION 6

Reports and pilot studies

| 1. | Member States will provide the Commission with a report relating to the definition, structure and availability of the statistical data to be compiled for the purposes of this common module. |
| --- | --- |

1.

Member States will provide the Commission with a report relating to the definition, structure and availability of the statistical data to be compiled for the purposes of this common module.

| 2. | For the level of detail covered by this Annex, the Commission will institute pilot studies to be carried out by national authorities within the meaning of Article 2 of Regulation (EC) No 322/97, pursuant to Article 5 of this Regulation. |
| --- | --- |

2.

For the level of detail covered by this Annex, the Commission will institute pilot studies to be carried out by national authorities within the meaning of Article 2 of Regulation (EC) No 322/97, pursuant to Article 5 of this Regulation.

| 3. | The pilot studies will be carried out in order to assess the relevance and feasibility of obtaining data, taking into account the benefits of the availability of such data in relation to the cost of collection and the burden on business. |
| --- | --- |

3.

The pilot studies will be carried out in order to assess the relevance and feasibility of obtaining data, taking into account the benefits of the availability of such data in relation to the cost of collection and the burden on business.

| 4. | Pilot studies will be conducted for the following characteristics:






  Code | Title |
| --- | --- | --- |
| 13 31 0 | Personnel costs |
| Exports of goods and services |
| Imports of goods and services |
| Intra-group exports of goods and services |
| Intra-group imports of goods and services |
| 12 15 0 | Value added at factor cost |
| 15 11 0 | Gross investment in tangible goods |

4.

Pilot studies will be conducted for the following characteristics:

Code

Title

13 31 0

Personnel costs

Exports of goods and services

Imports of goods and services

Intra-group exports of goods and services

Intra-group imports of goods and services

12 15 0

Value added at factor cost

15 11 0

Gross investment in tangible goods

ANNEX III

LEVELS FOR DETAILED INFORMATION BY GEOGRAPHY AND BY ACTIVITY

| Geographical breakdown levels | Level 1 | | Level 2-OUT
  (Level 1 + 24 countries) |
| --- | --- | --- | --- |
| V2 | Extra-EU 27 | V2 | Extra-EU 27 |
| | | IS | Iceland |
| | | LI | Liechtenstein |
| | | NO | Norway |
| CH | Switzerland | CH | Switzerland |
| | | HR | Croatia |
| RU | Russian Federation | RU | Russian Federation |
| | | TR | Turkey |
| | | EG | Egypt |
| | | MA | Morocco |
| | | NG | Nigeria |
| | | ZA | South Africa |
| CA | Canada | CA | Canada |
| US | United States of America | US | United States |
| | | MX | Mexico |
| | | AR | Argentina |
| BR | Brazil | BR | Brazil |
| | | CL | Chile |
| | | UY | Uruguay |
| | | VE | Venezuela |
| | | IL | Israel |
| CN | China | CN | China |
| HK | Hong Kong | HK | Hong Kong |
| IN | India | IN | India |
| | | ID | Indonesia |
| JP | Japan | JP | Japan |
| | | KR | South Korea |
| | | MY | Malaysia |
| | | PH | Philippines |
| | | SG | Singapore |
| | | TW | Taiwan |
| | | TH | Thailand |
| | | AU | Australia |
| | | NZ | New Zealand |
| Z8 | Extra-EU27 not allocated | Z8 | Extra-EU 27 not allocated |
| C4 | Offshore Financial Centres | C4 | Offshore Financial Centres |
| Z7 | Equally-shared control of UCIs  (*)of more than 1 Member State | Z7 | Equally-shared control of UCIs  (*)of more than 1 Member State |

Geographical breakdown levels

Level 1

Level 2-OUT

(Level 1 + 24 countries)

V2

Extra-EU 27

V2

Extra-EU 27

IS

Iceland

LI

Liechtenstein

NO

Norway

CH

Switzerland

CH

Switzerland

HR

Croatia

RU

Russian Federation

RU

Russian Federation

TR

Turkey

EG

Egypt

MA

Morocco

NG

Nigeria

ZA

South Africa

CA

Canada

CA

Canada

US

United States of America

US

United States

MX

Mexico

AR

Argentina

BR

Brazil

BR

Brazil

CL

Chile

UY

Uruguay

VE

Venezuela

IL

Israel

CN

China

CN

China

HK

Hong Kong

HK

Hong Kong

IN

India

IN

India

ID

Indonesia

JP

Japan

JP

Japan

KR

South Korea

MY

Malaysia

PH

Philippines

SG

Singapore

TW

Taiwan

TH

Thailand

AU

Australia

NZ

New Zealand

Z8

Extra-EU27 not allocated

Z8

Extra-EU 27 not allocated

C4

Offshore Financial Centres

C4

Offshore Financial Centres

Z7

Equally-shared control of UCIs  (*)of more than 1 Member State

Z7

Equally-shared control of UCIs  (*)of more than 1 Member State

Level 2-IN

| A1 | World total (all entities including compiling country) |
| --- | --- |
| Z9 | Rest of the World (excluding compiling country) |
| A2 | Controlled by the compiling country |
| V1 | EU-27 (Intra-EU-27) excluding compiling country |
| BE | Belgium |
| BG | Bulgaria |
| CZ | Czech Republic |
| DK | Denmark |
| DE | Germany |
| EE | Estonia |
| GR | Greece |
| ES | Spain |
| FR | France |
| IE | Ireland |
| IT | Italy |
| CY | Cyprus |
| LV | Latvia |
| LT | Lithuania |
| LU | Luxembourg |
| HU | Hungary |
| MT | Malta |
| NL | Netherlands |
| AT | Austria |
| PL | Poland |
| PT | Portugal |
| RO | Romania |
| SI | Slovenia |
| SK | Slovakia |
| FI | Finland |
| SE | Sweden |
| UK | United Kingdom |
| Z7 | Equally-shared control of UCIs (**) of more than one Member State |
| V2 | Extra-EU 27 |
| AU | Australia |
| CA | Canada |
| CH | Switzerland |
| CN | China |
| HK | Hong Kong |
| IL | Israel |
| IS | Iceland |
| JP | Japan |
| LI | Liechtenstein |
| NO | Norway |
| NZ | New Zealand |
| RU | Russian Federation |
| TR | Turkey |
| US | United States |
| C4 | Offshore Financial Centres |
| Z8 | Extra-EU27 not allocated |

A1

World total (all entities including compiling country)

Z9

Rest of the World (excluding compiling country)

A2

Controlled by the compiling country

V1

EU-27 (Intra-EU-27) excluding compiling country

BE

Belgium

BG

Bulgaria

CZ

Czech Republic

DK

Denmark

DE

Germany

EE

Estonia

GR

Greece

ES

Spain

FR

France

IE

Ireland

IT

Italy

CY

Cyprus

LV

Latvia

LT

Lithuania

LU

Luxembourg

HU

Hungary

MT

Malta

NL

Netherlands

AT

Austria

PL

Poland

PT

Portugal

RO

Romania

SI

Slovenia

SK

Slovakia

FI

Finland

SE

Sweden

UK

United Kingdom

Z7

Equally-shared control of UCIs (**) of more than one Member State

V2

Extra-EU 27

AU

Australia

CA

Canada

CH

Switzerland

CN

China

HK

Hong Kong

IL

Israel

IS

Iceland

JP

Japan

LI

Liechtenstein

NO

Norway

NZ

New Zealand

RU

Russian Federation

TR

Turkey

US

United States

C4

Offshore Financial Centres

Z8

Extra-EU27 not allocated

Level 3

| AD | Andorra | EE | Estonia (***) | KZ | Kazakhstan | QA | Qatar |
| --- | --- | --- | --- | --- | --- | --- | --- |
| AE | United Arab Emirates | EG | Egypt | LA | Lao People's Democratic Republic | RO | Romania (***) |
| AF | Afghanistan | ER | Eritrea | LB | Lebanon | RU | Russian Federation |
| AG | Antigua and Barbuda | ES | Spain (***) | LC | Saint Lucia | RW | Rwanda |
| AI | Anguilla | ET | Ethiopia | LI | Liechtenstein | SA | Saudi Arabia |
| AL | Albania | FI | Finland (***) | LK | Sri Lanka | SB | Solomon Islands |
| AM | Armenia | FJ | Fiji | LR | Liberia | SC | Seychelles |
| AN | Netherlands Antilles | FK | Falkland Islands (Malvinas) | LS | Lesotho | SD | Sudan |
| AO | Angola | FM | Micronesia, Federated States of | LT | Lithuania (***) | SE | Sweden (***) |
| AQ | Antarctica | FO | Faroe Islands | LU | Luxembourg (***) | SG | Singapore |
| AR | Argentina | FR | France (***) | LV | Latvia (***) | SH | St Helena |
| AS | American Samoa | GA | Gabon | LY | Libyan Arab Jamahiriya | SI | Slovenia (***) |
| AT | Austria (***) | GD | Grenada | MA | Morocco | SK | Slovakia (***) |
| AU | Australia | GE | Georgia | MD | Moldova, Republic of | SL | Sierra Leone |
| AW | Aruba | GG | Guernsey | MG | Madagascar | SM | San Marino |
| AZ | Azerbaijan | GH | Ghana | MH | Marshall Islands | SN | Senegal |
| BA | Bosnia and Herzegovina | GI | Gibraltar | MK (1) | The Former Yugoslav Republic of Macedonia | SO | Somalia |
| BB | Barbados | GL | Greenland | ML | Mali | SR | Suriname |
| BD | Bangladesh | GM | Gambia | MM | Myanmar | ST | Sao Tome and Principe |
| BE | Belgium (***) | GN | Guinea | MN | Mongolia | SV | El Salvador |
| BF | Burkina Faso | GQ | Equatorial Guinea | MO | Macau | SY | Syrian Arab Republic |
| BG | Bulgaria (***) | GR | Greece (***) | MP | Northern Mariana Islands | SZ | Swaziland |
| BH | Bahrain | GS | South Georgia and the South Sandwich Islands | MR | Mauritania | TC | Turks and Caicos Islands |
| BI | Burundi | GT | Guatemala | MS | Montserrat | TD | Chad |
| BJ | Benin | GU | Guam | MT | Malta (***) | TF | French Southern Territories |
| BM | Bermuda | GW | Guinea-Bissau | MU | Mauritius | TG | Togo |
| BN | Brunei Darussalam | GY | Guyana | MV | Maldives | TH | Thailand |
| BO | Bolivia | HK | Hong Kong | MW | Malawi | TJ | Tajikistan |
| BR | Brazil | HM | Heard Island and McDonald Islands | MX | Mexico | TK | Tokelau |
| BS | Bahamas | HN | Honduras | MY | Malaysia | TM | Turkmenistan |
| BT | Bhutan | HR | Croatia | MZ | Mozambique | TN | Tunisia |
| BV | Bouvet Island | HT | Haiti | NA | Namibia | TO | Tonga |
| BW | Botswana | HU | Hungary (***) | NC | New Caledonia | TP | East Timor |
| BY | Belarus | ID | Indonesia | NE | Niger | TR | Turkey |
| BZ | Belize | IE | Ireland (***) | NF | Norfolk Island | TT | Trinidad and Tobago |
| CA | Canada | IL | Israel | NG | Nigeria | TV | Tuvalu |
| CC | Cocos (Keeling) Islands | IM | Isle of Man (No official ISO 3166-1 country code, exceptionally reserved code elements) | NI | Nicaragua | TW | Taiwan, Province of China |
| CD | Congo, the Democratic Republic of the | IN | India | NL | Netherlands (***) | TZ | Tanzania, United Republic of |
| CF | Central African Republic | IO | British Indian Ocean Territory | NO | Norway | UA | Ukraine |
| CG | Congo | IQ | Iraq | NP | Nepal | UG | Uganda |
| CH | Switzerland | IR | Iran, Islamic Republic of | NR | Nauru | UK | United Kingdom (***) |
| CI | Côte d'Ivoire | IS | Iceland | NU | Niue | UM | United States Minor Outlying Islands |
| CK | Cook Islands | IT | Italy (***) | NZ | New Zealand | US | United States |
| CL | Chile | JE | Jersey (No official ISO 3166-1 country code, exceptionally reserved code elements) | OM | Oman | UY | Uruguay |
| CM | Cameroon | JM | Jamaica | PA | Panama | UZ | Uzbekistan |
| CN | China | JO | Jordan | PE | Peru | VA | Holy See (Vatican City State) |
| CO | Colombia | JP | Japan | PF | French Polynesia | VC | St Vincent and the Grenadines |
| CR | Costa Rica | KE | Kenya | PG | Papua New Guinea | VE | Venezuela |
| CU | Cuba | KG | Kyrgyzstan | PH | Philippines | VG | Virgin Islands, British |
| CV | Cape Verde | KH | Cambodia (Kampuchea) | PK | Pakistan | VI | Virgin Islands, US |
| CX | Christmas Island | KI | Kiribati | PL | Poland (***) | VN | Viet Nam |
| CY | Cyprus (***) | KM | Comoros | PN | Pitcairn | VU | Vanuatu |
| CZ | Czech Republic (***) | KN | St Kitts and Nevis | PS | Palestinian Territory, Occupied | WF | Wallis and Futuna |
| DE | Germany (***) | KP | Korea, Democratic People's Republic of (North Korea) | PT | Portugal (***) | WS | Samoa |
| DJ | Djibouti | KR | Korea, Republic of (South Korea) | PW | Palau | YE | Yemen |
| DK | Denmark (***) | KW | Kuwait | PY | Paraguay | | |
| DM | Dominica | KY | Cayman Islands | | | ZA | South Africa |
| DO | Dominican Republic | | | | | ZM | Zambia |
| DZ | Algeria | | | | | ZW | Zimbabwe |
| EC | Ecuador | Z8 | Extra EU-27 not allocated | | | RS | Serbia |
| A2 | Controlled by the compiling country | Z7 | Equally-shared control of UCIs  (****)of more than 1 Member State | | | ME | Montenegro |

AD

Andorra

EE

Estonia (***)

KZ

Kazakhstan

QA

Qatar

AE

United Arab Emirates

EG

Egypt

LA

Lao People's Democratic Republic

RO

Romania (***)

AF

Afghanistan

ER

Eritrea

LB

Lebanon

RU

Russian Federation

AG

Antigua and Barbuda

ES

Spain (***)

LC

Saint Lucia

RW

Rwanda

AI

Anguilla

ET

Ethiopia

LI

Liechtenstein

SA

Saudi Arabia

AL

Albania

FI

Finland (***)

LK

Sri Lanka

SB

Solomon Islands

AM

Armenia

FJ

Fiji

LR

Liberia

SC

Seychelles

AN

Netherlands Antilles

FK

Falkland Islands (Malvinas)

LS

Lesotho

SD

Sudan

AO

Angola

FM

Micronesia, Federated States of

LT

Lithuania (***)

SE

Sweden (***)

AQ

Antarctica

FO

Faroe Islands

LU

Luxembourg (***)

SG

Singapore

AR

Argentina

FR

France (***)

LV

Latvia (***)

SH

St Helena

AS

American Samoa

GA

Gabon

LY

Libyan Arab Jamahiriya

SI

Slovenia (***)

AT

Austria (***)

GD

Grenada

MA

Morocco

SK

Slovakia (***)

AU

Australia

GE

Georgia

MD

Moldova, Republic of

SL

Sierra Leone

AW

Aruba

GG

Guernsey

MG

Madagascar

SM

San Marino

AZ

Azerbaijan

GH

Ghana

MH

Marshall Islands

SN

Senegal

BA

Bosnia and Herzegovina

GI

Gibraltar

MK (1)

The Former Yugoslav Republic of Macedonia

SO

Somalia

BB

Barbados

GL

Greenland

ML

Mali

SR

Suriname

BD

Bangladesh

GM

Gambia

MM

Myanmar

ST

Sao Tome and Principe

BE

Belgium (***)

GN

Guinea

MN

Mongolia

SV

El Salvador

BF

Burkina Faso

GQ

Equatorial Guinea

MO

Macau

SY

Syrian Arab Republic

BG

Bulgaria (***)

GR

Greece (***)

MP

Northern Mariana Islands

SZ

Swaziland

BH

Bahrain

GS

South Georgia and the South Sandwich Islands

MR

Mauritania

TC

Turks and Caicos Islands

BI

Burundi

GT

Guatemala

MS

Montserrat

TD

Chad

BJ

Benin

GU

Guam

MT

Malta (***)

TF

French Southern Territories

BM

Bermuda

GW

Guinea-Bissau

MU

Mauritius

TG

Togo

BN

Brunei Darussalam

GY

Guyana

MV

Maldives

TH

Thailand

BO

Bolivia

HK

Hong Kong

MW

Malawi

TJ

Tajikistan

BR

Brazil

HM

Heard Island and McDonald Islands

MX

Mexico

TK

Tokelau

BS

Bahamas

HN

Honduras

MY

Malaysia

TM

Turkmenistan

BT

Bhutan

HR

Croatia

MZ

Mozambique

TN

Tunisia

BV

Bouvet Island

HT

Haiti

NA

Namibia

TO

Tonga

BW

Botswana

HU

Hungary (***)

NC

New Caledonia

TP

East Timor

BY

Belarus

ID

Indonesia

NE

Niger

TR

Turkey

BZ

Belize

IE

Ireland (***)

NF

Norfolk Island

TT

Trinidad and Tobago

CA

Canada

IL

Israel

NG

Nigeria

TV

Tuvalu

CC

Cocos (Keeling) Islands

IM

Isle of Man (No official ISO 3166-1 country code, exceptionally reserved code elements)

NI

Nicaragua

TW

Taiwan, Province of China

CD

Congo, the Democratic Republic of the

IN

India

NL

Netherlands (***)

TZ

Tanzania, United Republic of

CF

Central African Republic

IO

British Indian Ocean Territory

NO

Norway

UA

Ukraine

CG

Congo

IQ

Iraq

NP

Nepal

UG

Uganda

CH

Switzerland

IR

Iran, Islamic Republic of

NR

Nauru

UK

United Kingdom (***)

CI

Côte d'Ivoire

IS

Iceland

NU

Niue

UM

United States Minor Outlying Islands

CK

Cook Islands

IT

Italy (***)

NZ

New Zealand

US

United States

CL

Chile

JE

Jersey (No official ISO 3166-1 country code, exceptionally reserved code elements)

OM

Oman

UY

Uruguay

CM

Cameroon

JM

Jamaica

PA

Panama

UZ

Uzbekistan

CN

China

JO

Jordan

PE

Peru

VA

Holy See (Vatican City State)

CO

Colombia

JP

Japan

PF

French Polynesia

VC

St Vincent and the Grenadines

CR

Costa Rica

KE

Kenya

PG

Papua New Guinea

VE

Venezuela

CU

Cuba

KG

Kyrgyzstan

PH

Philippines

VG

Virgin Islands, British

CV

Cape Verde

KH

Cambodia (Kampuchea)

PK

Pakistan

VI

Virgin Islands, US

CX

Christmas Island

KI

Kiribati

PL

Poland (***)

VN

Viet Nam

CY

Cyprus (***)

KM

Comoros

PN

Pitcairn

VU

Vanuatu

CZ

Czech Republic (***)

KN

St Kitts and Nevis

PS

Palestinian Territory, Occupied

WF

Wallis and Futuna

DE

Germany (***)

KP

Korea, Democratic People's Republic of (North Korea)

PT

Portugal (***)

WS

Samoa

DJ

Djibouti

KR

Korea, Republic of (South Korea)

PW

Palau

YE

Yemen

DK

Denmark (***)

KW

Kuwait

PY

Paraguay

DM

Dominica

KY

Cayman Islands

ZA

South Africa

DO

Dominican Republic

ZM

Zambia

DZ

Algeria

ZW

Zimbabwe

EC

Ecuador

Z8

Extra EU-27 not allocated

RS

Serbia

A2

Controlled by the compiling country

Z7

Equally-shared control of UCIs  (****)of more than 1 Member State

ME

Montenegro

ACTIVITY BREAKDOWN LEVELS

| Level 1 | Level 2 |
| --- | --- |
| | NACE Rev. 1.1 (1) |
| TOTAL ACTIVITY | TOTAL ACTIVITY | Sec C to O (excluding L) |
| MINING & QUARRYING | MINING AND QUARRYING | Sec C |
| Of which: | |
| Extraction of petroleum and gas | Div 11 |
| MANUFACTURING | MANUFACTURING | Sec D |
| Food products | Subsection DA |
| Textiles and wearing apparel | Subsection DB |
| Wood, publishing and printing | Subsections DD & DE |
| TOTAL textiles + wood activities | |
| Refined petroleum prod. and other treatments | Div 23 |
| Manufacture of chemicals & chemical products | Div 24 |
| Rubber and plastic products | Div 25 |
| Petrol, chem., rubber, plastic prod. | TOTAL petroleum, chemic., rubber, plastic products | |
| Metal products | Subsection DJ |
| Mechanical products | Div 29 |
| TOTAL metal and mechanical products | |
| Office machinery and computers | Div 30 |
| Radio, TV, communication equipments | Div 32 |
| Office mach., comp., RTV, comm. eq. | TOTAL machin., comput., RTV, comm. equip. | |
| Vehicles, other transport equip. | Motor vehicles | Div 34 |
| Other transport equipment | Div 35 |
| TOTAL vehicles + other transport equipment | |
| Manufacturing n.i.e. | |
| ELECTRIC., GAS & WATER | ELECTRICITY, GAS AND WATER | Sec E |
| CONSTRUCTION | CONSTRUCTION | Sec F |
| TOTAL SERVICES | TOTAL SERVICES | |
| TRADE AND REPAIRS | TRADE AND REPAIRS | Sec G |
| Sale, maintenance and repair of motor vehicles and motor cycles; retail sale of automotive fuel | Div 50 |
| Wholesale trade and commission trade, except of motor vehicles and motor cycles | Div 51 |
| Retail trade, except of motor vehicles and motor cycles; repair of personal and household goods | Div 52 |
| HOTELS & RESTAURANTS | HOTELS AND RESTAURANTS | Sec H |
| TRANSP., STORAGE AND COM. | TRANSPORTS, STORAGE AND COMMUNICATION | Sec I |
| Transport and storage | Div 60, 61, 62, 63 |
| Land transport; transport via pipelines | Div 60 |
| Water transport | Div 61 |
| Air transport | Div 62 |
| Supporting and auxiliary transport activities; activities of travel agencies | Div 63 |
| Post and telecommunications | Div 64 |
| Post and courier activities | Group 641 |
| Telecommunications | Group 642 |
| FINANCIAL INTERMED. | FINANCIAL INTERMEDIATION | Sec J |
| Financial intermediation, except insurance and pension funding | Div 65 |
| Insurance and pension funding, except compulsory social security | Div 66 |
| Activities auxiliary to financial intermediation | Div 67 |
| REAL ESTATE ACTIVITIES | Sec K, Div 70 |
| RENTING OF MACHINERY AND EQUIPMENT WITHOUT OPERATOR AND OF PERSONAL AND HOUSEHOLD GOODS | Sec K, Div 71 |
| COMPUT. & RELATED ACT. | COMPUTER AND RELATED ACTIVITIES | Sec K, Div 72 |
| RESEARCH & DEVELOP. | RESEARCH AND DEVELOPMENT | Sec K, Div 73 |
| OTHER BUSINESS ACT. | OTHER BUSINESS ACTIVITIES | Sec K, Div 74 |
| Legal, account., market research, consultancy | Group 741 |
| Legal activities | Class 7411 |
| Account., bookkeeping and audit.; tax consult. | Class 7412 |
| Market research and public opinion polling | Class 7413 |
| Business and management consultancy activities | Class 7414 |
| Management activities of holding companies | Class 7415 |
| Architectural, engineering and other tech. act. | Group 742 |
| Advertising | Group 744 |
| Business activities n.e.c. | Group 743, 745, 746, 747, 748 |
| REC., CULT., SPORTING ACTIV. | EDUCATION | Sec M |
| HEALTH AND SOCIAL WORK | Sec N |
| SEWAGE AND REFUSE DISPOSAL | Sec O, Div 90 |
| ACTIVITIES OF MEMBERSHIP ORGANIS. N.E.C. | Sec O, Div 91 |
| RECREATIONAL, CULT., SPORTING ACTIVITIES | Sec O, Div 92 |
| Motion picture, radio, tel., other entertain. activ. | Group 921, 922, 923 |
| News agency activities | Group 924 |
| Library, archives, museums, other cultural act. | Group 925 |
| Sporting and other recreational activities | Group 926, 927 |
| OTHER SERVICE ACTIVITIES | Sec O, Div 93 |
| Not allocated | |

Level 1

Level 2

NACE Rev. 1.1 (1)

TOTAL ACTIVITY

TOTAL ACTIVITY

Sec C to O (excluding L)

MINING & QUARRYING

MINING AND QUARRYING

Sec C

Of which:

Extraction of petroleum and gas

Div 11

MANUFACTURING

MANUFACTURING

Sec D

Food products

Subsection DA

Textiles and wearing apparel

Subsection DB

Wood, publishing and printing

Subsections DD & DE

TOTAL textiles + wood activities

Refined petroleum prod. and other treatments

Div 23

Manufacture of chemicals & chemical products

Div 24

Rubber and plastic products

Div 25

Petrol, chem., rubber, plastic prod.

TOTAL petroleum, chemic., rubber, plastic products

Metal products

Subsection DJ

Mechanical products

Div 29

TOTAL metal and mechanical products

Office machinery and computers

Div 30

Radio, TV, communication equipments

Div 32

Office mach., comp., RTV, comm. eq.

TOTAL machin., comput., RTV, comm. equip.

Vehicles, other transport equip.

Motor vehicles

Div 34

Other transport equipment

Div 35

TOTAL vehicles + other transport equipment

Manufacturing n.i.e.

ELECTRIC., GAS & WATER

ELECTRICITY, GAS AND WATER

Sec E

CONSTRUCTION

CONSTRUCTION

Sec F

TOTAL SERVICES

TOTAL SERVICES

TRADE AND REPAIRS

TRADE AND REPAIRS

Sec G

Sale, maintenance and repair of motor vehicles and motor cycles; retail sale of automotive fuel

Div 50

Wholesale trade and commission trade, except of motor vehicles and motor cycles

Div 51

Retail trade, except of motor vehicles and motor cycles; repair of personal and household goods

Div 52

HOTELS & RESTAURANTS

HOTELS AND RESTAURANTS

Sec H

TRANSP., STORAGE AND COM.

TRANSPORTS, STORAGE AND COMMUNICATION

Sec I

Transport and storage

Div 60, 61, 62, 63

Land transport; transport via pipelines

Div 60

Water transport

Div 61

Air transport

Div 62

Supporting and auxiliary transport activities; activities of travel agencies

Div 63

Post and telecommunications

Div 64

Post and courier activities

Group 641

Telecommunications

Group 642

FINANCIAL INTERMED.

FINANCIAL INTERMEDIATION

Sec J

Financial intermediation, except insurance and pension funding

Div 65

Insurance and pension funding, except compulsory social security

Div 66

Activities auxiliary to financial intermediation

Div 67

REAL ESTATE ACTIVITIES

Sec K, Div 70

RENTING OF MACHINERY AND EQUIPMENT WITHOUT OPERATOR AND OF PERSONAL AND HOUSEHOLD GOODS

Sec K, Div 71

COMPUT. & RELATED ACT.

COMPUTER AND RELATED ACTIVITIES

Sec K, Div 72

RESEARCH & DEVELOP.

RESEARCH AND DEVELOPMENT

Sec K, Div 73

OTHER BUSINESS ACT.

OTHER BUSINESS ACTIVITIES

Sec K, Div 74

Legal, account., market research, consultancy

Group 741

Legal activities

Class 7411

Account., bookkeeping and audit.; tax consult.

Class 7412

Market research and public opinion polling

Class 7413

Business and management consultancy activities

Class 7414

Management activities of holding companies

Class 7415

Architectural, engineering and other tech. act.

Group 742

Advertising

Group 744

Business activities n.e.c.

Group 743, 745, 746, 747, 748

REC., CULT., SPORTING ACTIV.

EDUCATION

Sec M

HEALTH AND SOCIAL WORK

Sec N

SEWAGE AND REFUSE DISPOSAL

Sec O, Div 90

ACTIVITIES OF MEMBERSHIP ORGANIS. N.E.C.

Sec O, Div 91

RECREATIONAL, CULT., SPORTING ACTIVITIES

Sec O, Div 92

Motion picture, radio, tel., other entertain. activ.

Group 921, 922, 923

News agency activities

Group 924

Library, archives, museums, other cultural act.

Group 925

Sporting and other recreational activities

Group 926, 927

OTHER SERVICE ACTIVITIES

Sec O, Div 93

Not allocated

| Level 3 (NACE Rev. 1.1) |
| --- |
| Heading | Requested level of detail |
| Business Economy | Sections C to K |
| Mining and quarrying | Section C |
| Manufacturing | Section D
  All subsections DA to DN
  All divisions 15 to 37 |
| Aggregates: |
| High-technology (HIT)
  Medium-high-technology (MHT)
  Medium-low-technology (MLT)
  Low-Technology (LOT) | 24.4, 30, 32, 33, 35.3
  24 except 24.4, 29, 31, 34, 35.2, 35.4, 35.5
  23, 25-28, 35.1
  15-22, 36, 37 |
| Electricity, gas and water supply | Section E
  All divisions (40 and 41) |
| Construction | Section F (Division 45)
  All Groups (45.1 to 45.5) |
| Wholesale and retail trade; repair of motor vehicles, motorcycles and personal and household goods | Section G
  All divisions (50 to 52)
  Groups 50.1 + 50.2 + 50.3, 50.4, 50.5, 51.1 to 51.9
  Groups 52.1 to 52.7 |
| Hotels and restaurants | Section H (Division 55)
  Groups 55.1 to 55.5 |
| Transport, storage and communication | Section I
  All divisions
  Groups 60.1, 60.2, 60.3, 63.1 + 63.2, 63.3, 63.4, 64.1, 64.2 |
| Financial intermediation | Section J
  All divisions |
| Real estate, renting and business activities | Section K
  Division 70
  Division 71, groups 71.1 + 71.2, 71.3 and 71.4
  Division 72, groups 72.1 to 72.6
  Division 73
  Division 74, the aggregates 74.1 to 74.4 and 74.5 to 74.8 |

Level 3 (NACE Rev. 1.1)

Heading

Requested level of detail

Business Economy

Sections C to K

Mining and quarrying

Section C

Manufacturing

Section D

All subsections DA to DN

All divisions 15 to 37

Aggregates:

High-technology (HIT)

Medium-high-technology (MHT)

Medium-low-technology (MLT)

Low-Technology (LOT)

24.4, 30, 32, 33, 35.3

24 except 24.4, 29, 31, 34, 35.2, 35.4, 35.5

23, 25-28, 35.1

15-22, 36, 37

Electricity, gas and water supply

Section E

All divisions (40 and 41)

Construction

Section F (Division 45)

All Groups (45.1 to 45.5)

Wholesale and retail trade; repair of motor vehicles, motorcycles and personal and household goods

Section G

All divisions (50 to 52)

Groups 50.1 + 50.2 + 50.3, 50.4, 50.5, 51.1 to 51.9

Groups 52.1 to 52.7

Hotels and restaurants

Section H (Division 55)

Groups 55.1 to 55.5

Transport, storage and communication

Section I

All divisions

Groups 60.1, 60.2, 60.3, 63.1 + 63.2, 63.3, 63.4, 64.1, 64.2

Financial intermediation

Section J

All divisions

Real estate, renting and business activities

Section K

Division 70

Division 71, groups 71.1 + 71.2, 71.3 and 71.4

Division 72, groups 72.1 to 72.6

Division 73

Division 74, the aggregates 74.1 to 74.4 and 74.5 to 74.8

---

(*)  Ultimate controlling institutional unit of a foreign affiliate.

(**)  Ultimate controlling institutional unit of a foreign affiliate.

(1)  Provisional code that does not affect the definitive denomination of the country to be attributed after the conclusion of the negotiation currently taking place at the United Nations.

(***)  Only for Inward.

(****)  Ultimate controlling institutional unit of a foreign affiliate.

(1)  Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of economic activities in the European Community (OJ L 293, 24.10.1990, p. 1). Regulation as last amended by Regulation (EC) No 1893/2006.

P6_TA(2006)0548

Financing instrument for the promotion of democracy and human rights worldwide ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on establishing a financing instrument for the promotion of democracy and human rights worldwide (European Instrument for Democracy and Human Rights) (COM(2006)0354 — C6-0206/2006 — 2006/0116(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0354), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0354),

| — | having regard to Article 251(2) and Articles 179(1) and 181a(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0206/2006), |
| --- | --- |

—

having regard to Article 251(2) and Articles 179(1) and 181a(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0206/2006),

| — | having regard to the Declaration of the Commission on the Democratic Scrutiny and Coherence of External Actions annexed to the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management (1) (IIA) and the related exchange of letters, |
| --- | --- |

—

having regard to the Declaration of the Commission on the Democratic Scrutiny and Coherence of External Actions annexed to the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management (1) (IIA) and the related exchange of letters,

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Foreign Affairs and the opinions of the Committee on Development, of the Committee on Women's Rights and Gender Equality and of the Committee on Budgets (A6-0376/2006); |
| --- | --- |

—

having regard to the report of the Committee on Foreign Affairs and the opinions of the Committee on Development, of the Committee on Women's Rights and Gender Equality and of the Committee on Budgets (A6-0376/2006);

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

| 3. | Considers that the financial envelope indicated in the legislative proposal must be compatible with the ceiling of heading 4 of the multiannual financial framework and points out that the annual amount will be decided within the annual budgetary procedure, in accordance with point 37 of the IIA; |
| --- | --- |

3.

Considers that the financial envelope indicated in the legislative proposal must be compatible with the ceiling of heading 4 of the multiannual financial framework and points out that the annual amount will be decided within the annual budgetary procedure, in accordance with point 37 of the IIA;

| 4. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

4.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  OJ C 139, 14.6.2006, p. 1.

P6_TC1-COD(2006)0116

Position of the European Parliament adopted at first reading on 12 December 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and Council on establishing a financing instrument for the promotion of democracy and human rights worldwide (European Instrument for Democracy and Human Rights)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 179(1) and 181a(2) thereof,

Having regard to the proposal from the Commission,

Acting in accordance with the procedure referred to in Article 251 of the Treaty (1),

Whereas:

| (1) | A new framework for planning and delivering assistance is proposed in order to make the Community's external assistance more effective and transparent. Council Regulation (EC) No 1085/2006 of 17 July 2006 (2) establishes an Instrument for Pre-Accession Assistance (IPA) for Community assistance to candidate and potential candidate countries. Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006 (3) etablishes a European Neighbourhood and Partnership Instrument (ENPI) providing direct support for the EU's European Neighbourhood Policy. Regulation (EC) No [...] (*) of the European Parliament and of the Council of 12 December 2006 (4) establishes a financing instrument for Development Cooperation (DCI). Council Regulation (EC) No [...] (*) of [...] (5) establishes a financing instrument for cooperation with industrialised and other high-income countries and territories (ICI). Regulation (EC) No 1717/2006 of the European Parliament and of the Council of 15 November 2006 (6) establishes a financing Instrument for Stability (IfS) providing assistance in situations of crisis and emerging crisis, and specific global and transregional threats. This Regulation establishes a financing instrument for the promotion of democracy and human rights worldwide (European Instrument for Democracy and Human Rights) allowing for assistance independent from the consent of third country governments and other public authorities. |
| --- | --- |

(1)

A new framework for planning and delivering assistance is proposed in order to make the Community's external assistance more effective and transparent. Council Regulation (EC) No 1085/2006 of 17 July 2006 (2) establishes an Instrument for Pre-Accession Assistance (IPA) for Community assistance to candidate and potential candidate countries. Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006 (3) etablishes a European Neighbourhood and Partnership Instrument (ENPI) providing direct support for the EU's European Neighbourhood Policy. Regulation (EC) No [...] (*) of the European Parliament and of the Council of 12 December 2006 (4) establishes a financing instrument for Development Cooperation (DCI). Council Regulation (EC) No [...] (*) of [...] (5) establishes a financing instrument for cooperation with industrialised and other high-income countries and territories (ICI). Regulation (EC) No 1717/2006 of the European Parliament and of the Council of 15 November 2006 (6) establishes a financing Instrument for Stability (IfS) providing assistance in situations of crisis and emerging crisis, and specific global and transregional threats. This Regulation establishes a financing instrument for the promotion of democracy and human rights worldwide (European Instrument for Democracy and Human Rights) allowing for assistance independent from the consent of third country governments and other public authorities.

| (2) | Article 6(1) of the Treaty on European Union stipulates that the Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States. |
| --- | --- |

(2)

Article 6(1) of the Treaty on European Union stipulates that the Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States.

| (3) | The promotion, development and consolidation of democracy and the rule of law, and of respect for human rights and fundamental freedoms constitute a prime objective of the Community's development policy and economic, financial and technical cooperation with third countries (7). A commitment to respect, promote and protect democratic principles and human rights is an essential element of the Community's contractual relations with third countries (8). |
| --- | --- |

(3)

The promotion, development and consolidation of democracy and the rule of law, and of respect for human rights and fundamental freedoms constitute a prime objective of the Community's development policy and economic, financial and technical cooperation with third countries (7). A commitment to respect, promote and protect democratic principles and human rights is an essential element of the Community's contractual relations with third countries (8).

| (4) | This financing instrument contributes to the achievement of the objectives of the development policy statement on the ‘European Consensus on Development’ (DPS) jointly adopted by the Council and the Representatives of the Governments of the Member States meeting within the Council, the European Parliament and the Commission on 20 December 2005 (9). The DPS underlines that ‘progress in the protection of human rights, good governance and democratisation is fundamental for poverty reduction and sustainable development’, thereby contributing to the achievement of the Millennium Development Goals (MDGs). |
| --- | --- |

(4)

This financing instrument contributes to the achievement of the objectives of the development policy statement on the ‘European Consensus on Development’ (DPS) jointly adopted by the Council and the Representatives of the Governments of the Member States meeting within the Council, the European Parliament and the Commission on 20 December 2005 (9). The DPS underlines that ‘progress in the protection of human rights, good governance and democratisation is fundamental for poverty reduction and sustainable development’, thereby contributing to the achievement of the Millennium Development Goals (MDGs).

| (5) | The DPS having reaffirmed that the promotion of gender equality and women's rights is a fundamental human right and a question of social justice, as well as being instrumental in achieving all the MDGs, the Cairo Programme of Action and the Convention on the Elimination of All Forms of Discrimination Against Women, this Regulation includes a strong gender component. |
| --- | --- |

(5)

The DPS having reaffirmed that the promotion of gender equality and women's rights is a fundamental human right and a question of social justice, as well as being instrumental in achieving all the MDGs, the Cairo Programme of Action and the Convention on the Elimination of All Forms of Discrimination Against Women, this Regulation includes a strong gender component.

| (6) | This financing instrument contributes to achieving the objective of the Union's Common Foreign and Security Policy, as set out in Article 11(1) of the Treaty on European Union and shaped by EU Guidelines, regarding the development and consolidation of democracy and the rule of law, and respect for human rights and fundamental freedoms. |
| --- | --- |

(6)

This financing instrument contributes to achieving the objective of the Union's Common Foreign and Security Policy, as set out in Article 11(1) of the Treaty on European Union and shaped by EU Guidelines, regarding the development and consolidation of democracy and the rule of law, and respect for human rights and fundamental freedoms.

| (7) | The Community's contribution to the development and consolidation of democracy and the rule of law, and of respect for human rights and fundamental freedoms is rooted in the general principles established by the International Bill of Human Rights, and any other human rights instrument adopted within the framework of the United Nations, as well as relevant regional human rights instruments. |
| --- | --- |

(7)

The Community's contribution to the development and consolidation of democracy and the rule of law, and of respect for human rights and fundamental freedoms is rooted in the general principles established by the International Bill of Human Rights, and any other human rights instrument adopted within the framework of the United Nations, as well as relevant regional human rights instruments.

| (8) | Democracy and human rights are inextricably linked. The fundamental freedoms of expression and association are the preconditions for political pluralism and democratic process, whereas democratic control and separation of powers are essential to sustain an independent judiciary and the rule of law which in turn are required for effective protection of human rights. |
| --- | --- |

(8)

Democracy and human rights are inextricably linked. The fundamental freedoms of expression and association are the preconditions for political pluralism and democratic process, whereas democratic control and separation of powers are essential to sustain an independent judiciary and the rule of law which in turn are required for effective protection of human rights.

| (9) | Human rights are considered in the light of universally accepted international norms, but democracy has also to be seen as a process, developing from within, involving all sections of society and a range of institutions, in particular national democratic parliaments, that should ensure participation, representation, responsiveness and accountability. The task of building and sustaining a culture of human rights and making democracy work for citizens, though especially urgent and difficult in emerging democracies, is essentially a continuous challenge, belonging first and foremost to the people of the country concerned but without diminishing the commitment of the international community. |
| --- | --- |

(9)

Human rights are considered in the light of universally accepted international norms, but democracy has also to be seen as a process, developing from within, involving all sections of society and a range of institutions, in particular national democratic parliaments, that should ensure participation, representation, responsiveness and accountability. The task of building and sustaining a culture of human rights and making democracy work for citizens, though especially urgent and difficult in emerging democracies, is essentially a continuous challenge, belonging first and foremost to the people of the country concerned but without diminishing the commitment of the international community.

| (10) | In order to address the above issues in an effective, transparent, timely and flexible manner beyond the expiry of Council Regulation (EC) No 975/1999 of 29 April 1999 laying down the requirements for the implementation of development cooperation operations which contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms (10) and Council Regulation (EC) No 976/1999 of 29 April 1999 laying down the requirements for the implementation of Community operations, other than those of development cooperation, which, within the framework of Community cooperation policy, contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms in third countries (11), which served as the legal base for the European Initiative for Democracy and Human Rights and which expire by 31 December 2006, there is a need for specific financial resources and a specific financing instrument that can continue to work in an independent manner whilst remaining complementary to and reinforcing related Community instruments for external assistance, the Partnership Agreement between the Members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part (12), and humanitarian aid. |
| --- | --- |

(10)

In order to address the above issues in an effective, transparent, timely and flexible manner beyond the expiry of Council Regulation (EC) No 975/1999 of 29 April 1999 laying down the requirements for the implementation of development cooperation operations which contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms (10) and Council Regulation (EC) No 976/1999 of 29 April 1999 laying down the requirements for the implementation of Community operations, other than those of development cooperation, which, within the framework of Community cooperation policy, contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms in third countries (11), which served as the legal base for the European Initiative for Democracy and Human Rights and which expire by 31 December 2006, there is a need for specific financial resources and a specific financing instrument that can continue to work in an independent manner whilst remaining complementary to and reinforcing related Community instruments for external assistance, the Partnership Agreement between the Members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part (12), and humanitarian aid.

| (11) | Community assistance under this Regulation is designed to complement the various other tools for implementation of EU policies on democracy and human rights, which range from political dialogue and diplomatic demarches to various instruments of financial and technical cooperation, including both geographic and thematic programmes. It will also complement the more crisis-related interventions of the Instrument for Stability. |
| --- | --- |

(11)

Community assistance under this Regulation is designed to complement the various other tools for implementation of EU policies on democracy and human rights, which range from political dialogue and diplomatic demarches to various instruments of financial and technical cooperation, including both geographic and thematic programmes. It will also complement the more crisis-related interventions of the Instrument for Stability.

| (12) | In particular, in addition and complementary to the measures agreed with partner countries in the context of the cooperation pursued under the Instrument for Pre-accession Assistance, the European Neighbourhood and Partnership Instrument, the Development Cooperation Instrument, the Cotonou Agreement with ACP countries, the Instrument for Cooperation with Industrialised Countries and other high-income countries and territories and the Instrument for Stability, the Community provides assistance under this Regulation that addresses global, regional, national and local human rights and democratisation issues in partnership with civil society understood to span all types of social action by individuals or groups that are independent from the state and active in the field of human rights and democracy promotion. |
| --- | --- |

(12)

In particular, in addition and complementary to the measures agreed with partner countries in the context of the cooperation pursued under the Instrument for Pre-accession Assistance, the European Neighbourhood and Partnership Instrument, the Development Cooperation Instrument, the Cotonou Agreement with ACP countries, the Instrument for Cooperation with Industrialised Countries and other high-income countries and territories and the Instrument for Stability, the Community provides assistance under this Regulation that addresses global, regional, national and local human rights and democratisation issues in partnership with civil society understood to span all types of social action by individuals or groups that are independent from the state and active in the field of human rights and democracy promotion.

| (13) | Furthermore, whilst democracy and human rights objectives must be increasingly mainstreamed in all external assistance financing instruments, Community assistance under this Regulation will have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of third country governments and other public authorities. This makes possible cooperation with civil society on sensitive human rights and democracy issues, including migrants' enjoyment of human rights, rights of asylum seekers and internally displaced persons, providing the flexibility to respond to changing circumstances or to support innovation. It also provides a Community capacity to articulate and support specific objectives and measures at international level which are neither geographically linked nor crisis related and which may require a transnational approach or involve operations both within the Community and in a range of third countries. It provides the necessary framework for operations, such as support to independent EU election observation missions requiring policy coherence, a unified management system and common operating standards. |
| --- | --- |

(13)

Furthermore, whilst democracy and human rights objectives must be increasingly mainstreamed in all external assistance financing instruments, Community assistance under this Regulation will have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of third country governments and other public authorities. This makes possible cooperation with civil society on sensitive human rights and democracy issues, including migrants' enjoyment of human rights, rights of asylum seekers and internally displaced persons, providing the flexibility to respond to changing circumstances or to support innovation. It also provides a Community capacity to articulate and support specific objectives and measures at international level which are neither geographically linked nor crisis related and which may require a transnational approach or involve operations both within the Community and in a range of third countries. It provides the necessary framework for operations, such as support to independent EU election observation missions requiring policy coherence, a unified management system and common operating standards.

| (14) | Developing and consolidating democracy under this Regulation should include democratic parliaments and their capacity to support and advance democratic reform processes. National parliaments need therefore to be included as eligible bodies for funding under this Regulation when this is necessary in order to achieve its objectives, unless the proposed measure can be financed under a related Community external assistance instrument. |
| --- | --- |

(14)

Developing and consolidating democracy under this Regulation should include democratic parliaments and their capacity to support and advance democratic reform processes. National parliaments need therefore to be included as eligible bodies for funding under this Regulation when this is necessary in order to achieve its objectives, unless the proposed measure can be financed under a related Community external assistance instrument.

| (15) | The ‘Guidelines for strengthening operational coordination between the Community, represented by the Commission, and the Member States in the field of external assistance’ of 21 January 2001 emphasise the need for enhanced coordination of EU external assistance in the fields of supporting democratisation and promoting respect for human rights and fundamental freedoms worldwide. The Commission and Member States should ensure that their respective assistance measures are complementary and coherent, avoiding overlapping and duplication. The Commission and Member States should seek closer coordination with other donors. Community policy in the sphere of development cooperation should be complementary to the policies pursued by the Member States. |
| --- | --- |

(15)

The ‘Guidelines for strengthening operational coordination between the Community, represented by the Commission, and the Member States in the field of external assistance’ of 21 January 2001 emphasise the need for enhanced coordination of EU external assistance in the fields of supporting democratisation and promoting respect for human rights and fundamental freedoms worldwide. The Commission and Member States should ensure that their respective assistance measures are complementary and coherent, avoiding overlapping and duplication. The Commission and Member States should seek closer coordination with other donors. Community policy in the sphere of development cooperation should be complementary to the policies pursued by the Member States.

| (16) | The relevance and scope of Community assistance in promoting democracy and human rights calls for the Commission to seek regular and frequent exchanges of information with the European Parliament. |
| --- | --- |

(16)

The relevance and scope of Community assistance in promoting democracy and human rights calls for the Commission to seek regular and frequent exchanges of information with the European Parliament.

| (17) | The Commission needs to consult representatives of civil society, as well as other donors and actors, as early as appropriate in the programming process in order to facilitate their respective contributions and to ensure that assistance activities are as complementary to each other as possible. |
| --- | --- |

(17)

The Commission needs to consult representatives of civil society, as well as other donors and actors, as early as appropriate in the programming process in order to facilitate their respective contributions and to ensure that assistance activities are as complementary to each other as possible.

| (18) | The Community needs to be able to respond rapidly to unforeseen needs and in exceptional circumstances in order to enhance the credibility and effectiveness of its commitment to the promotion of democracy and human rights in countries where such situations arise. This requires that the Commission have the possibility to decide on Special Measures not covered by Strategy Papers. This assistance management instrument corresponds to those included in the other external assistance financing instruments. |
| --- | --- |

(18)

The Community needs to be able to respond rapidly to unforeseen needs and in exceptional circumstances in order to enhance the credibility and effectiveness of its commitment to the promotion of democracy and human rights in countries where such situations arise. This requires that the Commission have the possibility to decide on Special Measures not covered by Strategy Papers. This assistance management instrument corresponds to those included in the other external assistance financing instruments.

| (19) | The Community should also be able to respond in a flexible and timely manner to the specific needs of human rights defenders by means of ad hoc measures which are not subject to calls for proposals. Moreover, eligibility of entities which do not have legal personality under the applicable national law is also possible under the conditions of the Financial Regulation. |
| --- | --- |

(19)

The Community should also be able to respond in a flexible and timely manner to the specific needs of human rights defenders by means of ad hoc measures which are not subject to calls for proposals. Moreover, eligibility of entities which do not have legal personality under the applicable national law is also possible under the conditions of the Financial Regulation.

| (20) | This Regulation establishes a financial envelope for the period 2007-2013 which constitutes the prime reference amount for the budgetary authority according to point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (13). |
| --- | --- |

(20)

This Regulation establishes a financial envelope for the period 2007-2013 which constitutes the prime reference amount for the budgetary authority according to point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (13).

| (21) | Financial support needs to be secured for the European Inter-University Centre for Human Rights and Democratisation, providing a European Masters Degree in Human Rights and Democratisation and an EU-UN Fellowship Programme, beyond the expiry by the end of 2006 of Decision No 791/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote bodies active at European level and support specific activities in the field of education and training (14), which served as the legal basis for funding. |
| --- | --- |

(21)

Financial support needs to be secured for the European Inter-University Centre for Human Rights and Democratisation, providing a European Masters Degree in Human Rights and Democratisation and an EU-UN Fellowship Programme, beyond the expiry by the end of 2006 of Decision No 791/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote bodies active at European level and support specific activities in the field of education and training (14), which served as the legal basis for funding.

| (22) | European Union Election Observation Missions contribute significantly and successfully to democratic processes in third countries (15). However, the promotion of democracy extends far beyond the electoral process alone. Expenditure for EU Election Observation Missions should therefore not take up a disproportionate amount of the total funding available under this Regulation. |
| --- | --- |

(22)

European Union Election Observation Missions contribute significantly and successfully to democratic processes in third countries (15). However, the promotion of democracy extends far beyond the electoral process alone. Expenditure for EU Election Observation Missions should therefore not take up a disproportionate amount of the total funding available under this Regulation.

| (23) | The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (16). |
| --- | --- |

(23)

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (16).

| (24) | In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objectives of this Regulation to lay down rules on a European Instrument for Democracy and Human Rights. This Regulation does not go beyond what is necessary in order to achieve the objective pursued, in accordance with the third paragraph of Article 5 of the Treaty, |
| --- | --- |

(24)

In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objectives of this Regulation to lay down rules on a European Instrument for Democracy and Human Rights. This Regulation does not go beyond what is necessary in order to achieve the objective pursued, in accordance with the third paragraph of Article 5 of the Treaty,

HAVE ADOPTED THIS REGULATION:

TITLE I

OBJECTIVES AND SCOPE

Article 1

Objectives

1.   This Regulation establishes a European Instrument for Democracy and Human Rights under which the Community shall provide assistance, within the framework of the Community's policy on development cooperation, and economic, financial and technical cooperation with third countries, consistent with the European Union's foreign policy as a whole, contributing to the development and consolidation of democracy and the rule of law, and of respect for all human rights and fundamental freedoms.

2.   Such assistance shall aim in particular at

| (a) | enhancing the respect for and observance of human rights and fundamental freedoms, as proclaimed in the Universal Declaration of Human Rights and other international and regional human rights instruments, and promoting and consolidating democracy and democratic reform in third countries, mainly through support for civil society organisations, providing support and solidarity to human rights defenders and victims of repression and abuse, and strengthening civil society active in the field of human rights and democracy promotion; |
| --- | --- |

(a)

enhancing the respect for and observance of human rights and fundamental freedoms, as proclaimed in the Universal Declaration of Human Rights and other international and regional human rights instruments, and promoting and consolidating democracy and democratic reform in third countries, mainly through support for civil society organisations, providing support and solidarity to human rights defenders and victims of repression and abuse, and strengthening civil society active in the field of human rights and democracy promotion;

| (b) | supporting and strengthening the international and regional framework for the protection, promotion and monitoring of human rights, the promotion of democracy and the rule of law, and reinforcing an active role for civil society within these frameworks; |
| --- | --- |

(b)

supporting and strengthening the international and regional framework for the protection, promotion and monitoring of human rights, the promotion of democracy and the rule of law, and reinforcing an active role for civil society within these frameworks;

| (c) | building confidence in and enhancing the reliability of electoral processes, in particular through election observation missions, and through support for local civil society organisations involved in these processes. |
| --- | --- |

(c)

building confidence in and enhancing the reliability of electoral processes, in particular through election observation missions, and through support for local civil society organisations involved in these processes.

Article 2

Scope

1.   Having regard to Articles 1 and 3, Community assistance shall relate to the following fields:

| (a) | promotion and enhancement of participatory and representative democracy, including parliamentary democracy, and the processes of democratisation, mainly through civil society organisations, inter alia in:






  (i) | promoting freedom of association and assembly, unhindered movement of persons, freedom of opinion and expression, including artistic and cultural expression, independent media, unimpeded access to information, and measures to combat administrative obstacles to the exercise of these freedoms, including the fight against censorship; |
| --- | --- | --- |

(a)

promotion and enhancement of participatory and representative democracy, including parliamentary democracy, and the processes of democratisation, mainly through civil society organisations, inter alia in:

(i)

promoting freedom of association and assembly, unhindered movement of persons, freedom of opinion and expression, including artistic and cultural expression, independent media, unimpeded access to information, and measures to combat administrative obstacles to the exercise of these freedoms, including the fight against censorship;

| (ii) | strengthening the rule of law, promoting the independence of the judiciary, encouraging and evaluating legal and institutional reforms, and promoting access to justice; |
| --- | --- |

(ii)

strengthening the rule of law, promoting the independence of the judiciary, encouraging and evaluating legal and institutional reforms, and promoting access to justice;

| (iii) | promoting and strengthening the International Criminal Court, ad hoc international criminal tribunals and the processes of transitional justice and truth and reconciliation mechanisms; |
| --- | --- |

(iii)

promoting and strengthening the International Criminal Court, ad hoc international criminal tribunals and the processes of transitional justice and truth and reconciliation mechanisms;

| (iv) | supporting reforms to achieve effective and transparent democratic accountability and oversight, including that of the security and justice sectors, and encouraging measures against corruption; |
| --- | --- |

(iv)

supporting reforms to achieve effective and transparent democratic accountability and oversight, including that of the security and justice sectors, and encouraging measures against corruption;

| (v) | promoting political pluralism and democratic political representation, and encouraging political participation by citizens, in particular marginalised groups, in democratic reform processes at local, regional and national level; |
| --- | --- |

(v)

promoting political pluralism and democratic political representation, and encouraging political participation by citizens, in particular marginalised groups, in democratic reform processes at local, regional and national level;

| (vi) | promoting the equal participation of men and women in social, economic and political life, and supporting equality of opportunity, and the participation and political representation of women; |
| --- | --- |

(vi)

promoting the equal participation of men and women in social, economic and political life, and supporting equality of opportunity, and the participation and political representation of women;

| (vii) | supporting measures to facilitate the peaceful conciliation of group interests, including support for confidence-building measures relating to human rights and democratisation; |
| --- | --- |

(vii)

supporting measures to facilitate the peaceful conciliation of group interests, including support for confidence-building measures relating to human rights and democratisation;

| (b) | the promotion and protection of human rights and fundamental freedoms, as proclaimed in the Universal Declaration of Human rights and other international and regional instruments concerning civil, political, economic, social and cultural rights, mainly through civil society organisations, relating to inter alia:






  (i) | the abolition of the death penalty, prevention of torture, ill-treatment and other cruel, inhuman and degrading treatment or punishment, and the rehabilitation of victims of torture; |
| --- | --- | --- |

(b)

the promotion and protection of human rights and fundamental freedoms, as proclaimed in the Universal Declaration of Human rights and other international and regional instruments concerning civil, political, economic, social and cultural rights, mainly through civil society organisations, relating to inter alia:

(i)

the abolition of the death penalty, prevention of torture, ill-treatment and other cruel, inhuman and degrading treatment or punishment, and the rehabilitation of victims of torture;

| (ii) | support for, protection of, and assistance to human rights defenders, in terms of Article 1 of the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms; |
| --- | --- |

(ii)

support for, protection of, and assistance to human rights defenders, in terms of Article 1 of the UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms;

| (iii) | the fight against racism and xenophobia, and discrimination based on any ground including sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation; |
| --- | --- |

(iii)

the fight against racism and xenophobia, and discrimination based on any ground including sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation;

| (iv) | the rights of indigenous peoples and the rights of persons belonging to minorities and ethnic groups; |
| --- | --- |

(iv)

the rights of indigenous peoples and the rights of persons belonging to minorities and ethnic groups;

| (v) | the rights of women as proclaimed in the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocols, including measures to combat female genital mutilation, forced marriages, crimes of honour, trafficking, and any other form of violence against women; |
| --- | --- |

(v)

the rights of women as proclaimed in the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocols, including measures to combat female genital mutilation, forced marriages, crimes of honour, trafficking, and any other form of violence against women;

| (vi) | the rights of the child, as proclaimed in the Convention on the Rights of the Child and its Optional Protocols, including the fight against child labour, child trafficking and child prostitution, and the recruitment and use of child soldiers; |
| --- | --- |

(vi)

the rights of the child, as proclaimed in the Convention on the Rights of the Child and its Optional Protocols, including the fight against child labour, child trafficking and child prostitution, and the recruitment and use of child soldiers;

| (vii) | the rights of persons with disabilities; |
| --- | --- |

(vii)

the rights of persons with disabilities;

| (viii) | the promotion of core labour standards and corporate social responsibility; |
| --- | --- |

(viii)

the promotion of core labour standards and corporate social responsibility;

| (ix) | education, training and monitoring in the area of human rights and democracy, and in the area covered by paragraph 1(a)(vii); |
| --- | --- |

(ix)

education, training and monitoring in the area of human rights and democracy, and in the area covered by paragraph 1(a)(vii);

| (x) | support for local, regional, national or international civil society organisations involved in the protection, promotion or defence of human rights and in measures referred to in paragraph 1(a)(vii); |
| --- | --- |

(x)

support for local, regional, national or international civil society organisations involved in the protection, promotion or defence of human rights and in measures referred to in paragraph 1(a)(vii);

| (c) | the strengthening of the international framework for the protection of human rights, justice, the rule of law and the promotion of democracy, in particular by






  (i) | providing support for international and regional instruments concerning human rights, justice, the rule of law and democracy; |
| --- | --- | --- |

(c)

the strengthening of the international framework for the protection of human rights, justice, the rule of law and the promotion of democracy, in particular by

(i)

providing support for international and regional instruments concerning human rights, justice, the rule of law and democracy;

| (ii) | fostering cooperation of civil society with international and regional intergovernmental organisations, and supporting civil society activities aimed at promoting and monitoring the implementation of international and regional instruments concerning human rights, justice, the rule of law and democracy; |
| --- | --- |

(ii)

fostering cooperation of civil society with international and regional intergovernmental organisations, and supporting civil society activities aimed at promoting and monitoring the implementation of international and regional instruments concerning human rights, justice, the rule of law and democracy;

| (iii) | promoting observance of international humanitarian law; |
| --- | --- |

(iii)

promoting observance of international humanitarian law;

| (d) | building confidence in and enhancing the reliability and transparency of democratic electoral processes, in particular






  (i) | through deployment of European Union Election Observation Missions; |
| --- | --- | --- |

(d)

building confidence in and enhancing the reliability and transparency of democratic electoral processes, in particular

(i)

through deployment of European Union Election Observation Missions;

| (ii) | through other measures of monitoring electoral processes; |
| --- | --- |

(ii)

through other measures of monitoring electoral processes;

| (iii) | by contributing to developing electoral observation capacity of civil society organisations at regional and local level, and supporting their initiatives to enhance participation in, and the follow-up to, the electoral process; |
| --- | --- |

(iii)

by contributing to developing electoral observation capacity of civil society organisations at regional and local level, and supporting their initiatives to enhance participation in, and the follow-up to, the electoral process;

| (iv) | by supporting measures aimed at implementing recommendations of European Union Election Observation Missions, in particular through civil society organisations. |
| --- | --- |

(iv)

by supporting measures aimed at implementing recommendations of European Union Election Observation Missions, in particular through civil society organisations.

2.   The promotion and protection of gender equality, the rights of the child, rights of indigenous peoples, rights of persons with disabilities, and principles such as empowerment, participation, non-discrimination of vulnerable groups and accountability shall be taken into account whenever relevant by all assistance measures referred to in this Regulation.

3.   The assistance measures referred to in this Regulation shall be implemented in the territory of third countries or shall be directly related to situations arising in third countries, or shall be directly related to global or regional actions.

Article 3

Complementarity and Coherence of Community Assistance

1.   Community assistance under this Regulation shall be consistent with the framework of the Community's policy on development cooperation and with the European Union's foreign policy as a whole, and complementary to that provided for under related Community instruments for external assistance and the Partnership Agreement between the Members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, on the other part. Complementary Community assistance under this Regulation shall be provided to reinforce action under the related external assistance instruments.

2.   The Commission shall ensure that measures adopted under this Regulation are consistent with the Community's overall strategic policy framework and in particular with the objectives of the above instruments, as well as with other relevant Community measures.

3.   In order to enhance the effectiveness and consistency of Community and Member States assistance measures, the Commission shall ensure close coordination between its own activities and those of the Member States, both at decision-making level and on the ground. Coordination shall involve regular consultations and frequent exchanges of relevant information, including with other donors, during the different phases of the assistance cycle, in particular at field level.

4.   The Commission shall inform and have regular exchanges of views with the European Parliament.

5.   The Commission shall seek regular exchanges of information with civil society, at all levels, including in third countries.

TITLE II

IMPLEMENTATION

Article 4

General framework for implementation

Community assistance under this Regulation shall be implemented through the following measures:

| (a) | Strategy Papers and revisions thereof as appropriate; |
| --- | --- |

(a)

Strategy Papers and revisions thereof as appropriate;

| (b) | Annual Action Programmes; |
| --- | --- |

(b)

Annual Action Programmes;

| (c) | Special Measures; |
| --- | --- |

(c)

Special Measures;

| (d) | Ad hoc Measures. |
| --- | --- |

(d)

Ad hoc Measures.

Article 5

Strategy Papers and Revisions

1.   Strategy Papers shall set out the Community's strategy for Community assistance under this Regulation, the Community's priorities, the international situation and the activities of the main partners. They shall be consistent with the overall purpose, objectives, scope, and principles of this Regulation.

2.   Strategy Papers shall set out the priority areas selected for financing by the Community, the specific objectives, the expected results and the performance indicators. They shall also give the indicative financial allocation, both overall and per priority area; this may be given in the form of a range, where appropriate.

3.   Strategy Papers, and any revisions or extensions thereof, shall be adopted in accordance with the procedure laid down in Article 17(2). They shall cover no more than the period of validity of this Regulation. Strategy Papers shall be reviewed at mid-term, or ad hoc if necessary.

4.   The Commission and Member States shall exchange information and consult each other, as well as other donors and actors including representatives of civil society, at an early stage of the programming process in order to promote complementarity among their cooperation activities.

Article 6

Annual Action Programmes

1.   Notwithstanding Article 7, the Commission shall adopt Annual Action Programmes based on the Strategy Papers and Revisions referred to in Article 5.

2.   Annual Action Programmes shall specify the objectives pursued, the fields of intervention, the expected results, the management procedures and the total amount of financing planned. They shall take into account lessons learned from past implementation of Community assistance. They shall contain a description of the operations to be financed, an indication of the amounts allocated for each operation and an indicative implementation timetable. Objectives shall be measurable and have time-bound benchmarks.

3.   Annual Action Programmes, and any revisions or extensions thereof, shall be adopted in accordance with the procedure laid down in Article 17(2). In cases where amendments to Annual Action Programmes do not exceed 20 % of the global amount allocated to them, such amendments shall be adopted by the Commission. It shall inform the Committee referred to in Article 17(1) thereof.

4.   In case an Annual Action Programme has not yet been adopted, the Commission may exceptionally, on the basis of the Strategy Papers referred to in Article 5, adopt measures not provided for in an Annual Action Programme under the same rules and procedures as for Annual Action Programmes.

Article 7

Special Measures

1.   Notwithstanding Article 5, in the event of unforeseen and duly justified needs or exceptional circumstances, the Commission may adopt Special Measures not covered in the Strategy Papers.

2.   Special Measures shall specify the objectives pursued, the areas of activity, the expected results, the management procedures and the total amount of financing. They shall contain a description of the operations to be financed, an indication of the amounts allocated for each operation and the indicative timetable for their implementation. They shall include a definition of the type of performance indicators that will have to be monitored when implementing the special measures.

3.   Where the cost of such measures is equal to or exceeds 3 000 000euro, the Commission shall adopt them in accordance with the procedure laid down in Article 17(2).

4.   For Special Measures costing below 3 000 000euro, the Commission shall send the measures to the European Parliament and the Member States for information within 10 working days of adopting its decision.

Article 8

Support measures

1.   Community financing under this Regulation may cover expenditure associated with the preparation, follow-up, monitoring, audit and evaluation activities directly necessary for the implementation of this Regulation and the achievement of its objectives, such as studies, meetings, information, awareness-raising, training and publication activities, including training and educational measures for partners from civil society, expenditure associated with computer networks for the exchange of information, and any other administrative or technical assistance expenditure necessary for the management of the programme. It may also cover expenditure, where appropriate, for actions to highlight the Community character of the assistance measures, and for activities to explain the objectives and results of assistance measures to the general public in the countries concerned.

2.   Community financing shall also cover expenditure at Commission delegations on the administrative support needed to manage operations financed under this Regulation.

3.   The Commission shall adopt Support Measures not covered by Strategy Papers as referred to in Article 5 in accordance with Article 7(3) and (4).

Article 9

Ad hoc Measures

1.   Notwithstanding Article 5, the Commission may allocate small grants on an ad hoc basis to human rights defenders responding to urgent protection needs.

2.   The Commission shall regularly inform the European Parliament and the Member States of the ad hoc measures carried out.

Article 10

Eligibility

1.   Without prejudice to Article 14, the following bodies and actors operating on an independent and accountable basis shall be eligible for funding under this Regulation for the purposes of implementing the assistance measures referred to in Articles 6, 7 and 9:

| (a) | civil society organisations, including non-governmental non-profit organisations and independent political foundations, community based organisations, and private sector non-profit agencies, institutions and organisations, and networks thereof at local, national, regional and international level; |
| --- | --- |

(a)

civil society organisations, including non-governmental non-profit organisations and independent political foundations, community based organisations, and private sector non-profit agencies, institutions and organisations, and networks thereof at local, national, regional and international level;

| (b) | public sector non-profit agencies, institutions and organisations and networks at local, national, regional, and international level; |
| --- | --- |

(b)

public sector non-profit agencies, institutions and organisations and networks at local, national, regional, and international level;

| (c) | national, regional and international parliamentary bodies, when this is necessary to achieve the objectives of this instrument and unless the proposed measure can be financed under a related Community external assistance instrument; |
| --- | --- |

(c)

national, regional and international parliamentary bodies, when this is necessary to achieve the objectives of this instrument and unless the proposed measure can be financed under a related Community external assistance instrument;

| (d) | international and regional inter-governmental organisations; |
| --- | --- |

(d)

international and regional inter-governmental organisations;

| (e) | natural persons when this is necessary to achieve the objectives of this Regulation. |
| --- | --- |

(e)

natural persons when this is necessary to achieve the objectives of this Regulation.

2.   Other bodies or actors not listed in paragraph 1 can be financed, exceptionally and in duly justified cases, provided this is necessary to achieve the objectives of this Regulation.

Article 11

Management Procedures

1.   The assistance measures financed under this Regulation shall be implemented in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (17) and any revision thereof on a centralised basis or by joint management with international organisations in accordance with Article 53(1) of that Regulation.

2.   In the event of co-financing and in other duly justified cases, the Commission may, in accordance with Article 54 of Regulation (EC, Euratom) No 1605/2002, decide to entrust tasks of public authority, and in particular budget implementation tasks, to bodies referred to in Article 54(2)(c) of that Regulation.

Article 12

Budget commitments

1.   Budget commitments shall be made on the basis of decisions taken by the Commission in accordance with Articles 6, 7, 8 and 9.

2.   Community financing may take one of the following legal forms, inter alia:

| (a) | grant agreements, grant decisions or contribution agreements; |
| --- | --- |

(a)

grant agreements, grant decisions or contribution agreements;

| (b) | agreements pursuant to Article 54 of Regulation (EC, Euratom) No 1605/2002; |
| --- | --- |

(b)

agreements pursuant to Article 54 of Regulation (EC, Euratom) No 1605/2002;

| (c) | procurement contracts; |
| --- | --- |

(c)

procurement contracts;

| (d) | employment contracts. |
| --- | --- |

(d)

employment contracts.

Article 13

Types of financing

1.   Community financing may take the following forms:

| (a) | projects and programmes; |
| --- | --- |

(a)

projects and programmes;

| (b) | grants to finance projects submitted by international and regional inter-governmental organisations as referred to in Article 10(1)(d); |
| --- | --- |

(b)

grants to finance projects submitted by international and regional inter-governmental organisations as referred to in Article 10(1)(d);

| (c) | small grants to human rights defenders as referred to in Article 2(1)(b)(ii) to finance urgent protection measures under Article 9(1); |
| --- | --- |

(c)

small grants to human rights defenders as referred to in Article 2(1)(b)(ii) to finance urgent protection measures under Article 9(1);

| (d) | grants to support operating costs of the Office of the UN High Commissioner for Human Rights; |
| --- | --- |

(d)

grants to support operating costs of the Office of the UN High Commissioner for Human Rights;

| (e) | grants to support operating costs of the European Inter-University Centre for Human Rights and Democratisation (EIUC), in particular for the European Master's Degree Programme in Human Rights and Democratisation and the EU-UN Fellowship Programme, fully accessible to nationals of third countries, as well as other education, training and research activities promoting human rights and democratisation; |
| --- | --- |

(e)

grants to support operating costs of the European Inter-University Centre for Human Rights and Democratisation (EIUC), in particular for the European Master's Degree Programme in Human Rights and Democratisation and the EU-UN Fellowship Programme, fully accessible to nationals of third countries, as well as other education, training and research activities promoting human rights and democratisation;

| (f) | contributions to international funds, such as those managed by international or regional organisations; |
| --- | --- |

(f)

contributions to international funds, such as those managed by international or regional organisations;

| (g) | human and material resources for effective implementation of European Union Election Observation Missions; |
| --- | --- |

(g)

human and material resources for effective implementation of European Union Election Observation Missions;

| (h) | public contracts as defined in Article 88 of Regulation (EC, Euratom) No 1605/2002. |
| --- | --- |

(h)

public contracts as defined in Article 88 of Regulation (EC, Euratom) No 1605/2002.

2.   Measures financed under this Regulation are eligible for cofinancing from the following, in particular from:

| (a) | Member States and their local authorities, and in particular their public and parastatal agencies; |
| --- | --- |

(a)

Member States and their local authorities, and in particular their public and parastatal agencies;

| (b) | other donor countries, and in particular their public and parastatal agencies; |
| --- | --- |

(b)

other donor countries, and in particular their public and parastatal agencies;

| (c) | international and regional inter-governmental organisations; |
| --- | --- |

(c)

international and regional inter-governmental organisations;

| (d) | companies, firms, other private organisations and business, trade unions, trade union federations, and other non-state actors. |
| --- | --- |

(d)

companies, firms, other private organisations and business, trade unions, trade union federations, and other non-state actors.

3.   In the case of parallel co-financing, the project or programme is to be split into a number of clearly identifiable components, which are each financed by different partners providing co-financing in such a way that the end-use of the financing can always be identified. In the case of joint co-financing, the total cost of the project or programme is to be shared between the partners providing the co-financing and resources are pooled in such a way that it is not possible to identify the source of funding for any given activity undertaken as part of the project or programme.

4.   In the case of joint co-financing, the Commission may receive and manage funds on behalf of the bodies referred to in paragraph 2 (a), (b), and (c), for the purpose of implementing joint measures. Such funds shall be dealt with as assigned revenue in accordance with Article 18 of Regulation (EC, Euratom) No 1605/2002.

5.   In the event of co-financing and in other duly justified cases, the Commission may entrust tasks of public authority, and in particular budget implementation tasks, to bodies referred to in Article 54(2)(c) of Regulation (EC) No 1605/2002.

6.   Community assistance shall not be used for paying taxes, duties or charges in beneficiary countries.

Article 14

Rules of participation and rules of origin

1.   Participation in the award of procurement or grant contracts financed under this Regulation shall be open to all natural persons who are nationals of or legal persons who are established in a Member State of the Community, in an accession or official candidate country as recognised by the European Community or in a Member State of the European Economic Area.

Participation in the award of procurement or grant contracts financed under this Regulation shall be open to all natural persons who are nationals of or legal persons who are established in a developing country, as specified by the Development Assistance Committee of the Organization for Economic Cooperation and Development (OECD/DAC), in addition to natural or legal persons eligible by virtue of this Regulation. The Commission shall publish and update the list of developing countries established by the OECD/DAC in accordance with regular reviews of this list and inform the Council thereof.

2.   Participation in the award of procurement or grant contracts financed under this Regulation shall also be open to all natural persons who are nationals of or legal persons who are established in any country other than those referred to in paragraph 1, where reciprocal access to their external assistance has been established. Reciprocal access shall be granted whenever a country grants eligibility on equal terms to the Member States and to the recipient country concerned.

Reciprocal access shall be established by means of a specific decision concerning a given country or a given regional group of countries. Such a decision shall be adopted in accordance with the procedure laid down in Article 17(2) and shall be in force for a minimum period of one year.

3.   Participation in the award of grants and public contracts financed under this Regulation shall be open to international organisations.

4.   The provisions of paragraphs 1, 2 and 3 are without prejudice to the participation of categories of eligible organisations by nature or by localization in regard to the objectives of the action to carry out.

5.   Experts may be of any nationality. This is without prejudice to the qualitative and financial requirements set out in the Community's procurement rules.

6.   If measures financed under this Regulation are implemented on a centralised basis and indirectly by delegation to specialised Community bodies, international or national public sector bodies, or bodies governed by private law with a public service mission in accordance with Article 54(2)(c) of Regulation (EC, Euratom) No 1605/2002, participation in the public procurement and grant award procedures of the managing entity shall be open to natural persons who are nationals of the countries having access to Community contracts and grants in accordance with the principles set out in paragraph 1 of this Article, and of any other country eligible under the rules and procedures of the managing entity, and to legal persons which are established in those countries.

7.   Whenever Community assistance covers an operation implemented through an international organisation, participation in the appropriate contractual procedures shall be open to all natural persons and legal persons who are eligible pursuant to this Article, as well as to all natural persons and legal persons who are eligible pursuant to the rules of that organisation, care being taken to ensure that equal treatment is afforded to all donors. The same rules shall apply in respect of supplies, materials and experts.

8.   Whenever Community funding covers an operation co-financed with a third country, subject to reciprocity, or with a regional organisation, or with a Member State, participation in the appropriate contractual procedures shall be open to all natural persons and legal persons who are eligible pursuant to this Article as well as to all natural persons and legal persons who are eligible under the rules of such third country, regional organisation or Member State. The same rules shall apply in respect of supplies, materials and experts.

9.   All supplies and materials purchased under a contract financed under this Regulation must originate from the Community or from an eligible country as defined in paragraphs 1 and 2. The term ‘origin’ for the purpose of this Regulation is defined in the relevant Community legislation on rules of origin for customs purposes.

10.   The Commission may, in duly substantiated cases, authorise the participation of natural and legal persons either from countries having traditional economic, trade or geographical links with neighbouring countries, or from other third countries, and the purchase and use of supplies and materials of different origin.

11.   Derogations may be justified on the basis of the unavailability of products and services in the markets of the countries concerned, for reasons of extreme urgency, or if the eligibility rules would make the realisation of a project, a programme or an action impossible or exceedingly difficult.

12.   Tenderers who have been awarded contracts shall respect internationally agreed core labour standards, such as the International Labour Organization's core labour standards, conventions on freedom of association and collective bargaining, elimination of forced and compulsory labour, elimination of discrimination in respect of employment and occupation, and the abolition of child labour.

Article 15

Protection of the financial interests of the Community

1.   Any agreement or contract resulting from the implementation of this Regulation shall contain provisions ensuring the protection of the Community's financial interests, in particular with respect to fraud, corruption and any other irregularities in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (18), Council Regulation (EC, Euratom) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (19), and Regulation (EC, Euratom) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (20).

2.   Agreements and contracts shall expressly entitle the Commission and the Court of Auditors to have the power of audit, on the basis of documents and on-the-spot, over all contractors and subcontractors who have received Community funds. They shall also expressly authorise the Commission to carry out on-the-spot checks and inspections, as provided for in Regulation (EC, Euratom) No 2185/96.

Article 16

Evaluation

1.   The Commission shall regularly monitor and review its programmes, and evaluate the effectiveness, coherence and consistency of programming, where appropriate by means of independent external evaluations, in order to ascertain whether the objectives have been met and to enable it to formulate recommendations with a view to improving future operations. Proposals by the European Parliament or the Council for independent external evaluations shall be taken into due account.

2.   The Commission shall send its evaluation reports to the Committee referred to in Article 17(1) and to the European Parliament for information. Member States may request discussion of specific evaluations in the Committee referred to in Article 17(1). The results shall feed back into programme design and resource allocation.

3.   The Commission shall associate all stakeholders as appropriate in the evaluation phase of Community assistance provided under this Regulation. Joint evaluations with Member States, international organisations or other bodies shall be encouraged.

TITLE III

FINAL PROVISIONS

Article 17

Committee

1.   The Commission shall be assisted by a Democracy and Human Rights Committee, hereinafter referred to as ‘the Committee’.

2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period provided for in Article 4(3) of Decision 1999/468/EC shall be 30 days.

3.   The Committee shall adopt its rules of procedure.

Article 18

Annual Report

1.   The Commission shall examine progress achieved in implementing the assistance measures undertaken pursuant to this Regulation and shall submit to the European Parliament and to the Council an annual report on the implementation and results and, as far as possible, main outcomes and impacts of the assistance. The report shall be an integral part of the Annual Report on European Community development policy implementation and implementation of external assistance and of the EU Annual Report on Human Rights.

2.   The annual report shall contain information relating to the previous year on the measures financed, the results of monitoring and evaluation exercises, the involvement of the relevant partners, and the implementation of budget commitments and payments, broken down according to global, regional, and country measures, and fields of assistance.

It shall assess the results of assistance, using as far as possible specific and measurable indicators of its role in meeting the objectives of this Regulation.

Article 19

Financial envelope

The financial envelope for the implementation of this Regulation for the period 2007-2013 shall be 1 104 000 000euro. Annual appropriations shall be authorised by the budgetary authority within the limits of the Financial Framework 2007-2013.

Article 20

Review

Not later than 31 December 2010, the Commission shall submit to the European Parliament and to the Council a report evaluating the implementation of this Regulation in the first three years with, if appropriate, a legislative proposal introducing the necessary modifications to this Regulation.

Article 21

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2007 until 31 December 2013.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  Position of the European Parliament of 12 December 2006.

1

(2)  OJ L 210, 31.7.2006, p. 82.

2

(3)  OJ L 310, 9.11.2006, p. 1.

3

(*)  Note to OJ: Please insert number and/or date of this Regulation.

*

(4)  OJ L ...

4

(5)  OJ L ...

5

(6)  OJ L 327, 24.11.2006, p. 1.

6

(7)  Commission Communication of 8 May 2001 on the European Union's role in promoting human rights and democratisation in third countries.

7

(8)  Commission Communication of 23 May 1995 on the Inclusion of Respect for Democratic Principles and Human Rights in Agreements between the Community and Third Countries.

8

(9)  OJ C 46, 24.2.2006, p. 1.

9

(10)  OJ L 120, 8.5.1999, p. 1. Regulation as last amended by Regulation (EC) No 2110/2005 of the European Parliament and of the Council (OJ L 344, 27.12.2005, p. 1).

10

(11)  OJ L 120, 8.5.1999, p. 8. Regulation as last amended by Regulation (EC) No 2112/2005 (OJ L 344, 27.12.2005, p. 23).

11

(12)  OJ L 317, 15.12.2000, p. 3; OJ L 385, 29.12.2004, p. 88.

12

(13)  OJ C 139, 14.6.2006, p. 1.

13

(14)  OJ L 138, 30.4.2004, p. 31.

14

(15)  Commission Communication of 11 April 2000 on EU Election Assistance and Observation.

15

(16)  OJ L 184 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

16

(17)  OJ L 248, 16.9.2002, p. 1.

17

(18)  OJ L 312, 23.12.1995, p. 1.

18

(19)  OJ L 292, 15.11.1996, p. 2.

19

(20)  OJ L 136, 31.5.1999, p. 1.

20

P6_TA(2006)0549

Prevention of injury and promotion of safety *

European Parliament legislative resolution on the proposal for a Council recommendation on the prevention of injury and the promotion of safety (COM(2006)0329 — C6-0238/2006 — 2006/0106(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2006)0329) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2006)0329) (1),

| — | having regard to Article 152(4), second subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0238/2006), |
| --- | --- |

—

having regard to Article 152(4), second subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0238/2006),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Women's Rights and Gender Equality (A6-0398/2006); |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Women's Rights and Gender Equality (A6-0398/2006);

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 4. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

4.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

| 5. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

5.

Instructs its President to forward its position to the Council and Commission.

| (2a) | People over 65 years of age represent 16 % of the total population in the EU, but suffer a disproportionate 40 % of fatal injuries; thus the elderly run more than double the risk of encountering a fatal accident, and long bone fractures are the main cause of hospitalisation among the elderly. |
| --- | --- |

(2a)

People over 65 years of age represent 16 % of the total population in the EU, but suffer a disproportionate 40 % of fatal injuries; thus the elderly run more than double the risk of encountering a fatal accident, and long bone fractures are the main cause of hospitalisation among the elderly.

| (5a) | Public health is affected by biological differences, the environment, access to information and socio-economic conditions. |
| --- | --- |

(5a)

Public health is affected by biological differences, the environment, access to information and socio-economic conditions.

| (5b) | The gender perspective should be incorporated into all areas, including health policies. Steps should be taken to carry out gender-based quantitative studies and to allocate resources by applying the principle of gender-based budgetisation. |
| --- | --- |

(5b)

The gender perspective should be incorporated into all areas, including health policies. Steps should be taken to carry out gender-based quantitative studies and to allocate resources by applying the principle of gender-based budgetisation.

| (5c) | Domestic violence against women is the main cause of death and invalidity among women between the ages of 16 and 44. |
| --- | --- |

(5c)

Domestic violence against women is the main cause of death and invalidity among women between the ages of 16 and 44.

| (6) | The risk of an injury is unequally distributed in Member States
  as well as in social groups
  . The risk of dying from an injury is five times greater in the Member State with the highest injury rate than in that with the lowest rate. |
| --- | --- |

(6)

The risk of an injury is unequally distributed in Member States
  as well as in social groups
  . The risk of dying from an injury is five times greater in the Member State with the highest injury rate than in that with the lowest rate.

| (6) | The risk of an injury is unequally distributed in Member States
  and varies according to environmental, working and social conditions, age and gender
  . The risk of dying from an injury is five times greater in the Member State with the highest injury rate than in that with the lowest rate. |
| --- | --- |

(6)

The risk of an injury is unequally distributed in Member States
  and varies according to environmental, working and social conditions, age and gender
  . The risk of dying from an injury is five times greater in the Member State with the highest injury rate than in that with the lowest rate.

| (7) | In contrast to many other causes of illness or premature death, injuries can be prevented by making our living environment, as well as products and services we use safer. There is ample evidence of proven effectiveness in accident measures that are still not widely applied throughout the Community. |
| --- | --- |

(7)

In contrast to many other causes of illness or premature death, injuries can be prevented by making our living environment, as well as products and services we use safer. There is ample evidence of proven effectiveness in accident measures that are still not widely applied throughout the Community.

| (7) | In contrast to many other causes of illness or premature death, injuries can be prevented by making our living environment, as well as products and services we use, safer
  and by raising public awareness of the consequences of unsafe behaviour
  .
  Adopting a broader public health approach can also significantly reduce the toll of injuries and violence.
  There is ample evidence of proven effectiveness in accident measures that are still not widely applied throughout the Community. |
| --- | --- |

(7)

In contrast to many other causes of illness or premature death, injuries can be prevented by making our living environment, as well as products and services we use, safer
  and by raising public awareness of the consequences of unsafe behaviour
  .
  Adopting a broader public health approach can also significantly reduce the toll of injuries and violence.
  There is ample evidence of proven effectiveness in accident measures that are still not widely applied throughout the Community.

| (8) | Most of these measures have been proven cost-effective, because the benefits of prevention for health systems often exceed by a factor of several times the costs of intervention. |
| --- | --- |

(8)

Most of these measures have been proven cost-effective, because the benefits of prevention for health systems often exceed by a factor of several times the costs of intervention.

| (8) | Most of these measures have been proven cost-effective,
  in preserving the integrity and the lives of human beings
  , because the benefits of prevention for
  both the private and the public sector, especially for
  health systems, often exceed by a factor of several times the costs of intervention.
  Beyond healthcare and economic costs, the human cost and the real cost paid by society should not be underestimated, as economic and healthcare costs do not cover the repercussions on victims' families and social support networks, or on communities, workplaces and schools. |
| --- | --- |

(8)

Most of these measures have been proven cost-effective,
  in preserving the integrity and the lives of human beings
  , because the benefits of prevention for
  both the private and the public sector, especially for
  health systems, often exceed by a factor of several times the costs of intervention.
  Beyond healthcare and economic costs, the human cost and the real cost paid by society should not be underestimated, as economic and healthcare costs do not cover the repercussions on victims' families and social support networks, or on communities, workplaces and schools.

| (9) | In spite of the fact that major advances have been made in a number of areas of safety concern like traffic or the workplace, there are other areas which are far less covered like home, leisure and sport, accidents, and prevention for children and elderly citizens. |
| --- | --- |

(9)

In spite of the fact that major advances have been made in a number of areas of safety concern like traffic or the workplace, there are other areas which are far less covered like home, leisure and sport, accidents, and prevention for children and elderly citizens.

| (9) | In spite of the fact that major advances have been made in a number of areas of safety concern like traffic or the workplace, there are other areas which are far less covered like home, leisure and sport, accidents, and prevention for children,
  women
  and elderly citizens. |
| --- | --- |

(9)

In spite of the fact that major advances have been made in a number of areas of safety concern like traffic or the workplace, there are other areas which are far less covered like home, leisure and sport, accidents, and prevention for children,
  women
  and elderly citizens.

| (9a) | In spite of recent studies, injuries resulting from domestic violence are still underrated as regards both the physical and psychological damage caused and the financial burden placed on health and welfare systems. |
| --- | --- |

(9a)

In spite of recent studies, injuries resulting from domestic violence are still underrated as regards both the physical and psychological damage caused and the financial burden placed on health and welfare systems.

| (9b) | Consideration should be given to the correlation between the availability and consumption of alcohol and drugs and the prevalence of injuries arising from acts of violence or accidents, and in particular road-traffic accidents. |
| --- | --- |

(9b)

Consideration should be given to the correlation between the availability and consumption of alcohol and drugs and the prevalence of injuries arising from acts of violence or accidents, and in particular road-traffic accidents.

| (10) | It seems therefore necessary to develop a system of injury surveillance and reporting which could ensure a coordinated approach across Member States to develop and establish national policies on prevention of injuries, including exchange of best practice. Such a system
  will be developed under Decision No 1786/2002/EC of the European Parliament and of the Council of 23 September 2002 adopting a programme of Community action in the field of public health (2003-2008) and any successor programmes, and
  will be built on the basis of national injury surveillance and reporting systems to be developed in a coherent and harmonized manner. |
| --- | --- |

(10)

It seems therefore necessary to develop a system of injury surveillance and reporting which could ensure a coordinated approach across Member States to develop and establish national policies on prevention of injuries, including exchange of best practice. Such a system
  will be developed under Decision No 1786/2002/EC of the European Parliament and of the Council of 23 September 2002 adopting a programme of Community action in the field of public health (2003-2008) and any successor programmes, and
  will be built on the basis of national injury surveillance and reporting systems to be developed in a coherent and harmonized manner.

| (10) | It seems therefore necessary to develop a system of injury surveillance and reporting which could ensure a coordinated approach across Member States to develop and establish national policies on prevention of injuries
  and on promotion of safety
  , including exchange of best practice. Such a system will be built on the basis of national injury surveillance and reporting systems to be developed in a coherent and harmonized manner. |
| --- | --- |

(10)

It seems therefore necessary to develop a system of injury surveillance and reporting which could ensure a coordinated approach across Member States to develop and establish national policies on prevention of injuries
  and on promotion of safety
  , including exchange of best practice. Such a system will be built on the basis of national injury surveillance and reporting systems to be developed in a coherent and harmonized manner.

| (10a) | The system of injury surveillance should incorporate the existing programmes on injuries and the injury databases and networks which have already been extensively funded by the Commission. This action is absolutely necessary in order to achieve synergies and to reduce costs by using the mechanisms already in operation. |
| --- | --- |

(10a)

The system of injury surveillance should incorporate the existing programmes on injuries and the injury databases and networks which have already been extensively funded by the Commission. This action is absolutely necessary in order to achieve synergies and to reduce costs by using the mechanisms already in operation.

| (10b) | If the existing injury surveillance and monitoring systems prove to be unaffordable for some Member States, an alternative system should be used, for example one relying on more readily available Minimum Data Sets based on hospital statistics. |
| --- | --- |

(10b)

If the existing injury surveillance and monitoring systems prove to be unaffordable for some Member States, an alternative system should be used, for example one relying on more readily available Minimum Data Sets based on hospital statistics.

| (10c) | To ensure that best practices are indeed serving the needs and capacities of each and every country, institution building and human resource development as well as research should be supported, particularly in those countries with the largest share of preventable injuries. |
| --- | --- |

(10c)

To ensure that best practices are indeed serving the needs and capacities of each and every country, institution building and human resource development as well as research should be supported, particularly in those countries with the largest share of preventable injuries.

| (11) | In order to
  streamline the resources of the Community Public Health Programme and to
  tackle injury prevention most effectively
  seven
  priority areas have been identified: safety of children and adolescents, safety of elderly citizens, safety of
  vulnerable
  road users, prevention of sports injuries, prevention of injuries caused by products and services, prevention of self harm and prevention of violence. These priority areas have been determined by taking account of the social impact of injuries in terms of the number and severity, the evidence regarding the effectiveness of intervention actions and the feasibility of successful implementation in the Member States. |
| --- | --- |

(11)

In order to
  streamline the resources of the Community Public Health Programme and to
  tackle injury prevention most effectively
  seven
  priority areas have been identified: safety of children and adolescents, safety of elderly citizens, safety of
  vulnerable
  road users, prevention of sports injuries, prevention of injuries caused by products and services, prevention of self harm and prevention of violence. These priority areas have been determined by taking account of the social impact of injuries in terms of the number and severity, the evidence regarding the effectiveness of intervention actions and the feasibility of successful implementation in the Member States.

| (11) | In order to tackle injury prevention most effectively
  eight
  priority areas have been identified: safety of children and adolescents, safety of elderly citizens, safety of road users
  , in particular those who are vulnerable, injury prevention and safety at the workplace,
  prevention of sports
  and leisure
  injuries, prevention of injuries caused by products and services, prevention of self harm and prevention of violence
  , particularly violence against women and children
  . These priority areas have been determined by taking account of the social impact of injuries in terms of the number and severity, the evidence regarding the effectiveness of intervention actions and the feasibility of successful implementation in the Member States. |
| --- | --- |

(11)

In order to tackle injury prevention most effectively
  eight
  priority areas have been identified: safety of children and adolescents, safety of elderly citizens, safety of road users
  , in particular those who are vulnerable, injury prevention and safety at the workplace,
  prevention of sports
  and leisure
  injuries, prevention of injuries caused by products and services, prevention of self harm and prevention of violence
  , particularly violence against women and children
  . These priority areas have been determined by taking account of the social impact of injuries in terms of the number and severity, the evidence regarding the effectiveness of intervention actions and the feasibility of successful implementation in the Member States.

| (1) | Develop a national injury surveillance and reporting system, which provides comparable information, monitors the evolution of injury risks
  and
  the effects of prevention measures over time and assesses the needs for introducing additional initiatives on product and service safety; |
| --- | --- |

(1)

Develop a national injury surveillance and reporting system, which provides comparable information, monitors the evolution of injury risks
  and
  the effects of prevention measures over time and assesses the needs for introducing additional initiatives on product and service safety;

| (1) | Develop a national injury surveillance and reporting system
  that accesses other relevant databases
  , which provides comparable information
  and a data breakdown by gender and age,
  monitors the evolution of injury risks
  by focussing on injury determinants, monitors
  the effects of prevention measures over time and assesses the needs for introducing additional initiatives
  , firstly
  on product and service safety
  and, secondly, on raising public awareness, paying particular attention to vulnerable groups such as the young
  ; |
| --- | --- |

(1)

Develop a national injury surveillance and reporting system
  that accesses other relevant databases
  , which provides comparable information
  and a data breakdown by gender and age,
  monitors the evolution of injury risks
  by focussing on injury determinants, monitors
  the effects of prevention measures over time and assesses the needs for introducing additional initiatives
  , firstly
  on product and service safety
  and, secondly, on raising public awareness, paying particular attention to vulnerable groups such as the young
  ;

| (1a) | Develop multisectoral cooperation, involving and strengthening partnerships with stakeholders at local, national and international level and providing coordination and an integrated response to injury and insecurity; |
| --- | --- |

(1a)

| (2) | Set up national plans for preventing accidents and injuries initiating interdepartmental co-operation
  and
  increasing funding opportunities for campaigning actions,
  promoting
  safety and implementing such national plans into practice, with a particular attention to children, elderly people and
  vulnerable
  road users, and with special regard to sports injuries, injuries caused by products and services, violence and self-harm. |
| --- | --- |

(2)

Set up national plans for preventing accidents and injuries initiating interdepartmental co-operation
  and
  increasing funding opportunities for campaigning actions,
  promoting
  safety and implementing such national plans into practice, with a particular attention to children, elderly people and
  vulnerable
  road users, and with special regard to sports injuries, injuries caused by products and services, violence and self-harm.

| (2) | Set up national plans for preventing accidents and injuries initiating interdepartmental co-operation
  as well as collaboration with stakeholders,
  increasing funding opportunities for campaigning actions,
  setting incentives for the promotion of
  safety and implementing such national plans into practice, with a particular attention to
  high risk groups such as
  children, elderly people,
  the disabled, women
  and road users, and with special regard to sports
  and leisure
  injuries,
  injuries caused by female genital mutilation,
  injuries caused by products and services, violence,
  especially domestic violence against women and children
  , and self-harm. |
| --- | --- |

(2)

Set up national plans for preventing accidents and injuries initiating interdepartmental co-operation
  as well as collaboration with stakeholders,
  increasing funding opportunities for campaigning actions,
  setting incentives for the promotion of
  safety and implementing such national plans into practice, with a particular attention to
  high risk groups such as
  children, elderly people,
  the disabled, women
  and road users, and with special regard to sports
  and leisure
  injuries,
  injuries caused by female genital mutilation,
  injuries caused by products and services, violence,
  especially domestic violence against women and children
  , and self-harm.

| (2a) | Carry out scientific studies, particularly on self-harm and risk taking behaviour. |
| --- | --- |

(2a)

| (2b) | Pay particular attention to the social determinants that provoke injuries and insecurity: the biggest difference in injury, mortality and morbidity rates is between poorer and wealthier countries, and between social classes within countries. The gap is growing, due to factors such as increased road traffic, worsening inequalities in terms of income, higher unemployment, decreasing social support, market liberalisation and increased availability of alcohol, and poor regulatory and enforcement mechanisms. The unemployed, ethnic minority groups, migrant workers, refugees, and disabled and homeless people are particularly at risk; |
| --- | --- |

(2b)

| (2c) | Take measures so that databases on good practice in injury prevention are based on sound data taking into account local circumstances, and are supported by research that indicates the specific social, economic, infrastructural and cultural circumstances within which successful policies are implemented; |
| --- | --- |

(2c)

| (3) | Ensure that injury prevention and safety promotion is introduced in a systematic way
  in
  vocational training of health care professionals, so that these groups can serve as competent advisors to their patients, clients and to the public. |
| --- | --- |

(3)

Ensure that injury prevention and safety promotion is introduced in a systematic way
  in
  vocational training of health care professionals, so that these groups can serve as competent advisors to their patients, clients and to the public.

| (3) | Ensure that injury prevention and safety promotion is introduced in a systematic way
  by improving education and
  vocational training of health care
  and other
  professionals, so that these groups can serve as competent advisors to their patients, clients and to the public.
  Raise public awareness on causes and consequences by highlighting the responsibilities of both individuals and society as regards the prevention of injuries and the promotion of safety. |
| --- | --- |

(3)

Ensure that injury prevention and safety promotion is introduced in a systematic way
  by improving education and
  vocational training of health care
  and other
  professionals, so that these groups can serve as competent advisors to their patients, clients and to the public.
  Raise public awareness on causes and consequences by highlighting the responsibilities of both individuals and society as regards the prevention of injuries and the promotion of safety.

| (3a) | Ensure that insurance companies that have access to injury data provide all relevant data to the Member States in order to facilitate the definition of the mechanisms and places where accidents most frequently occur and use this information to improve prevention. |
| --- | --- |

(3a)

| (1) | Support and give priority
  , within the framework of the Community Public Health Programme and successor programmes,
  to
  establish
  a Community-wide injury surveillance system collecting injury data provided by the Member States on the basis of their national injury surveillance systems and make the information contained in the database easily accessible to all stakeholders; |
| --- | --- |

(1)

Support and give priority
  , within the framework of the Community Public Health Programme and successor programmes,
  to
  establish
  a Community-wide injury surveillance system collecting injury data provided by the Member States on the basis of their national injury surveillance systems and make the information contained in the database easily accessible to all stakeholders;

| (1) | Support and give priority to
  the establishment of
  a Community-wide injury surveillance system collecting injury data provided by the Member States on the basis of their national injury surveillance systems and make the information contained in the database easily accessible to all stakeholders; |
| --- | --- |

(1)

Support and give priority to
  the establishment of
  a Community-wide injury surveillance system collecting injury data provided by the Member States on the basis of their national injury surveillance systems and make the information contained in the database easily accessible to all stakeholders;

| (1a) | Submit a legislative proposal for the establishment of a Community-wide injury surveillance system, for the exchange of information on good practice and for the dissemination of information, as referred to in point 1, to the European Parliament and the Council in accordance with Article 251 of the Treaty, including precise details of financial implications; |
| --- | --- |

(1a)

| (2) | Establish a Community-wide mechanism for the exchange of information on good practice and disseminate this information to relevant stakeholders; |
| --- | --- |

(2)

deleted

| (3a) | Support through the Cohesion and Structural Funds actions covering injury prevention and better and safer infrastructure; |
| --- | --- |

(3a)

| (4) | Support the development of
  good practice and policy actions in relation to the
  seven
  identified priority areas
  using the resources provided for in the Community Public Health Programme and successor programmes the general framework for financing Community actions in support of consumer policy and the Framework Programme for Research; |
| --- | --- |

(4)

Support the development of
  good practice and policy actions in relation to the
  seven
  identified priority areas
  using the resources provided for in the Community Public Health Programme and successor programmes the general framework for financing Community actions in support of consumer policy and the Framework Programme for Research;

| (4) | Develop
  good practice and policy actions in relation to the
  eight
  identified priority areas;
  to ensure that all future programmes on the prevention of injury and the promotion of safety take into account health inequalities
  ,
  bearing in mind that lack of access to social support, poor community cohesion and social exclusion reduce people's capacity to withstand social conflict without resorting to violence, including self-harm; |
| --- | --- |

(4)

Develop
  good practice and policy actions in relation to the
  eight
  identified priority areas;
  to ensure that all future programmes on the prevention of injury and the promotion of safety take into account health inequalities
  ,
  bearing in mind that lack of access to social support, poor community cohesion and social exclusion reduce people's capacity to withstand social conflict without resorting to violence, including self-harm;

| (5) | Carry out an evaluation report four years after the adoption of this Recommendation to determine whether the measures proposed are working effectively
  and
  to assess the need for further actions. |
| --- | --- |

(5)

Carry out an evaluation report four years after the adoption of this Recommendation to determine whether the measures proposed are working effectively
  and
  to assess the need for further actions.

| (5) | Carry out an evaluation report four years after the adoption of this Recommendation to determine whether the measures proposed are working effectively, to assess the need for further actions
  and to conduct a gender impact assessment of existing and future measures and actions
  . |
| --- | --- |

(5)

Carry out an evaluation report four years after the adoption of this Recommendation to determine whether the measures proposed are working effectively, to assess the need for further actions
  and to conduct a gender impact assessment of existing and future measures and actions
  .

---

(1)  Not yet published in OJ.

P6_TA(2006)0550

A financing instrument for cooperation with industrialised and other high-income countries and territories *

European Parliament legislative resolution on the draft Council Regulation establishing a financing instrument for cooperation with industrialised and other high-income countries and territories (11877/2006 — C6-0265/2006 — 2006/0807(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the draft Council Regulation (11877/2006) (1), |
| --- | --- |

—

having regard to the draft Council Regulation (11877/2006) (1),

| — | having regard to Article 181a of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0265/2006), |
| --- | --- |

—

having regard to Article 181a of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0265/2006),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on International Trade (A6-0430/2006); |
| --- | --- |

—

having regard to the report of the Committee on International Trade (A6-0430/2006);

| 1. | Approves the Council draft as amended; |
| --- | --- |

1.

Approves the Council draft as amended;

| 2. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 4. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

4.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

| 5. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

5.

Instructs its President to forward its position to the Council and Commission.

| (3) | The European Union and industrialised and other high income countries and territories have agreed to strengthen their relationship and to cooperate across the areas in which they have shared interests through a variety of bilateral instruments such as agreements, declarations, action plans and other similar documents. |
| --- | --- |

(3)

The European Union and industrialised and other high income countries and territories have agreed to strengthen their relationship and to cooperate across the areas in which they have shared interests through a variety of bilateral instruments such as agreements, declarations, action plans and other similar documents.

| (3) | The European Union and industrialised and other high income countries and territories have agreed to strengthen their relationship and to cooperate across the areas in which they have shared interests through a variety of bilateral
  and multilateral
  instruments such as agreements, declarations, action plans and other similar documents. |
| --- | --- |

(3)

The European Union and industrialised and other high income countries and territories have agreed to strengthen their relationship and to cooperate across the areas in which they have shared interests through a variety of bilateral
  and multilateral
  instruments such as agreements, declarations, action plans and other similar documents.

| (4) | In accordance with the principles laid down in these instruments, the Community implements a cooperation policy aimed at creating an environment conducive to pursuing and developing its relations with those countries and territories. Cooperation activities help
  to create conditions likely
  to strengthen the European presence and visibility in these countries and encourage economic, commercial, academic, cultural and other exchanges and interaction between
  a diversified range of actors on each side
  . |
| --- | --- |

(4)

In accordance with the principles laid down in these instruments, the Community implements a cooperation policy aimed at creating an environment conducive to pursuing and developing its relations with those countries and territories. Cooperation activities help
  to create conditions likely
  to strengthen the European presence and visibility in these countries and encourage economic, commercial, academic, cultural and other exchanges and interaction between
  a diversified range of actors on each side
  .

| (4) | In accordance with the principles laid down in these instruments, the Community implements a cooperation policy aimed at creating an environment conducive to pursuing and developing its relations with those countries and territories. Cooperation activities
  should
  help to strengthen the European presence and visibility in these countries and encourage economic, commercial, academic, cultural and other exchanges
  , dialogues
  and interaction between
  the appropriate actors in the relevant sectors. |
| --- | --- |

(4)

In accordance with the principles laid down in these instruments, the Community implements a cooperation policy aimed at creating an environment conducive to pursuing and developing its relations with those countries and territories. Cooperation activities
  should
  help to strengthen the European presence and visibility in these countries and encourage economic, commercial, academic, cultural and other exchanges
  , dialogues
  and interaction between
  the appropriate actors in the relevant sectors.

| (4a) | The Community's cooperation should contribute to the general objective of developing and consolidating democracy and the rule of law, and to the objective of respecting human rights and fundamental freedoms. |
| --- | --- |

(4a)

The Community's cooperation should contribute to the general objective of developing and consolidating democracy and the rule of law, and to the objective of respecting human rights and fundamental freedoms.

| (5a) | In order to achieve the objectives of this Regulation a differentiated approach should be pursued depending on economic, social and political contexts, pursuing cooperation with partner countries or regions with specific, tailor-made programmes, based on their specific situation as well as on the Community's specific interests, strategies and priorities
  . |
| --- | --- |

(5a)

In order to achieve the objectives of this Regulation a differentiated approach should be pursued depending on economic, social and political contexts, pursuing cooperation with partner countries or regions with specific, tailor-made programmes, based on their specific situation as well as on the Community's specific interests, strategies and priorities
  .

| (6a) | In implementing the Community's cooperation policy, greater complementarity and better harmonisation, alignment and coordination of procedures, both between the Community and its Member States and in relations with other actors, are essential to ensuring the consistency and effectiveness of cooperation. |
| --- | --- |

(6a)

In implementing the Community's cooperation policy, greater complementarity and better harmonisation, alignment and coordination of procedures, both between the Community and its Member States and in relations with other actors, are essential to ensuring the consistency and effectiveness of cooperation.

1.   Community
  assistance
  shall support economic, financial and technical cooperation and other forms of cooperation falling within its sphere of competence, with industrialised and other high-income countries and territories.

1.   Community
  financing
  shall support economic, financial and technical cooperation and other forms of cooperation falling within its sphere of competence, with
  the
  industrialised and other high-income countries and territories
  listed in the Annex
  .

2.   
  The main aim of cooperation
  with these countries and territories shall be to provide a specific response to the need to strengthen links and to engage further with them on a bilateral, regional or multilateral basis
  . The cooperation activities will contribute to the creation of
  a more favourable environment for the development of the relations of the Community with these countries and territories and promote dialogue
  and Community's strategic interests there
  .

2.   
  Community cooperation with partner countries is pursued in accordance with Title XXI of the Treaty. The primary objective of such cooperation
  with these countries and territories shall be to provide a specific response to the need to strengthen links and to engage further with them
  in the areas listed in Article 4
  on a bilateral, regional or multilateral basis
  in order to create
  a more favourable
  and transparent
  environment for the development of the relations of the Community with these countries and territories and promote
  effective
  dialogue
  while fostering the Community's interests
  .

2.   For the purpose of this Regulation, industrialised and other high income countries and territories shall comprise countries and territories listed in Annex I and are hereinafter referred to as ‘partner countries’. However, in duly justified circumstances and in order to foster regional cooperation, the Commission may decide when adopting action programmes referred to in article 6 that countries not listed in Annex I are eligible, where the project or programme to be implemented is of regional or cross border nature. Provisions may be made for this in the multi-annual cooperation programmes referred to in Article 5.
  The Commission shall amend this List in accordance with
  regular OECD/DAC reviews of its List of developing countries
  and inform the Council thereof.

2.   For the purpose of this Regulation, industrialised and other high income countries and territories shall comprise countries and territories listed in the Annex and are hereinafter referred to as ‘partner countries’. However, in duly justified circumstances and in order to foster regional cooperation, the Commission
  , with the prior approval of the European Parliament,
  may decide when adopting action programmes referred to in article 6 that countries not listed in the Annex are eligible, where the project or programme to be implemented is of regional or cross border nature. Provisions may be made for this in the multi-annual cooperation programmes referred to in Article 5.
  Any amendment to the list in the Annex resulting from the
  regular OECD/DAC reviews of its List of developing countries
  shall be notified by the Commission to the European Parliament and the Council before the Commission adopts the required modifications.

(1a)
     
  The Community is founded on the values of democracy, the rule of law, good governance, respect for human rights, sustainable development and fundamental freedoms and seeks to develop and consolidate a commitment to these values in partner countries and regions through dialogue and cooperation.

1.   Measures financed under this Regulation shall
  cover areas of cooperation
  set out
  notably
  in the instruments, agreements, declarations and action plans, between the Community and the partner countries
  as well as areas pertaining to the Community's strategic interests.

1.   Measures financed under this Regulation shall
  be consistent with the cooperation objectives
  set out in the instruments, agreements, declarations and action plans, between the Community and the partner countries
  and with the Community's own interests.

2.   
  When implementing measures under this Regulation, the Commission
  shall ensure that
  the
  cooperation
  projects are
   legally and substantially coherent with other relevant Community policies.

2.   
  For all measures financed under, and all areas of cooperation covered by, this Regulation, the Community
  shall ensure that cooperation
  is
  legally and substantially coherent with
  the different areas of external action and
  other relevant Community policies.
  Such coherence shall be ensured in formulating policy, strategic planning and the programming and implementation of measures.

2a.
     
  In the implementation of this Regulation it is necessary to pursue a differentiated approach depending on economic, social and political contexts, pursuing cooperation with partner countries or regions with specific, tailor-made programmes, based on their specific situation as well as on the Community's specific interests, strategies and priorities.

2b.
     
  The Community and the Member States shall improve coordination and complementarity of their policies, programmes and implementation of measures with partner countries and regions.

Community
  assistance
  shall support cooperation actions consistent with Article 1 and shall be consistent with the overall purpose, scope, objectives and general principles of this Regulation.
  Specific attention shall be paid to actions in the following areas of cooperation
  :

Community
  financing
  shall support cooperation actions consistent with Article 1 and shall be consistent with the overall purpose, scope, objectives and general principles of this Regulation.
  Community financing shall cover the following types of activities
  :

| (1) | the promotion of cooperation, partnerships and joint undertakings between economic, academic and scientific actors in the Community and other partner countries; |
| --- | --- |

(1)

the promotion of cooperation, partnerships and joint undertakings between economic, academic and scientific actors in the Community and other partner countries;

| (1) | the promotion of cooperation, partnerships and joint undertakings between economic, academic and scientific actors,
  including small and medium-sized enterprises,
  in the Community and other partner countries; |
| --- | --- |

(1)

the promotion of cooperation, partnerships and joint undertakings between economic, academic and scientific actors,
  including small and medium-sized enterprises,
  in the Community and other partner countries;

| (3) | the promotion of dialogues between political, economic and social actors and other non-governmental organisations in relevant sectors in the Community and partner countries; |
| --- | --- |

(3)

the promotion of dialogues between political, economic and social actors and other non-governmental organisations in relevant sectors in the Community and partner countries;

| (3) | the promotion of dialogues between political, economic and social actors
  including small and medium-sized enterprises
  and other non-governmental organisations in relevant sectors in the Community and partner countries; |
| --- | --- |

(3)

the promotion of dialogues between political, economic and social actors
  including small and medium-sized enterprises
  and other non-governmental organisations in relevant sectors in the Community and partner countries;

1.   Actions to promote cooperation under this Regulation shall be carried out in the framework of multi-annual cooperation programmes covering cooperation in appropriate areas of activity with all or with a selection of the partner countries. The Commission shall draw-up the multi-annual cooperation programmes and specify their scope.

1.   
  All
  actions to promote cooperation under this Regulation shall be carried out in the framework of multi-annual cooperation programmes covering cooperation in
  the
  appropriate areas of activity
  referred to in Article 4
  with all or with a selection of the partner countries. The Commission,
  after consulting the European Parliament,
  shall draw-up the multi-annual cooperation programmes and specify their scope.

2.   Cooperation programmes shall cover no more than the period of validity of this regulation. They shall set out the Community's strategic interests and priorities, general objectives and
  expected
  results. They shall set out also the areas selected for financing by the Community and outline the indicative financial allocation of funds, overall, per priority area and per partner country or group of partner countries for the period concerned. This may be given in the form of a range, where appropriate. Cooperation programmes shall be reviewed at mid-term, or ad hoc if necessary.

2.   
  Multi-annual
  cooperation programmes shall cover no more than the period of validity of this regulation. They shall set out the Community's strategic interests and priorities, general objectives and results
  to be achieved
  . They shall set out also the areas selected for financing by the Community and outline the indicative financial allocation of funds, overall, per priority area and per partner country or group of partner countries for the period concerned. This may be given in the form of a range, where appropriate.
  Multi-annual
  cooperation programmes shall be reviewed at mid-term,
  at the request of the European Parliament
  or ad hoc if necessary.

3.   Cooperation programmes and any reviews thereof shall be adopted by the Commission in accordance with the management procedure set out in Article 14(2).

3.   
  Multi-annual
  cooperation programmes and any reviews thereof shall be adopted by the Commission in accordance with the management procedure set out in Article 14(2).

3.   The action programmes shall be adopted by the Commission in accordance with the management procedure set out in Article 14(2). This procedure needs not be used for amendments to action programmes, such as those making technical adjustments, extending the implementation period, reassigning funds between the planned operations within the forecast budget, or increasing or reducing the size of the budget by less than 20 % of the initial budget, provided these amendments are consistent with the initial objectives set out in the action programmes.

3.   The
  annual
  action programmes shall be adopted by the Commission in accordance with the management procedure set out in Article 14(2). This procedure needs not be used for amendments to action programmes, such as those making technical adjustments, extending the implementation period, reassigning funds between the planned operations within the forecast budget, or increasing or reducing the size of the budget by less than 20 % of the initial budget, provided these amendments are consistent with the initial objectives set out in the action programmes.

| (2) | Partner countries and their institutions and decentralised bodies; |
| --- | --- |

(2)

Partner countries and their institutions and decentralised bodies;

| (2) | Partner countries
  and regions
  and their institutions and decentralised bodies; |
| --- | --- |

(2)

Partner countries
  and regions
  and their institutions and decentralised bodies;

3.   The Commission shall adopt support measures not covered by the multi-annual programmes and shall inform Member States thereof.

3.   The Commission shall adopt support measures not covered by the multi-annual programmes and shall inform the Member States
  and the European Parliament
  thereof.

| (a) | Member States, and in particular their public and parastatal agencies; |
| --- | --- |

(a)

Member States, and in particular their public and parastatal agencies;

| (a) | Member States
  and their regional and local authorities
  , and in particular their public and parastatal agencies; |
| --- | --- |

(a)

Member States
  and their regional and local authorities
  , and in particular their public and parastatal agencies;

Article 11a

Protecting the Community's financial interests

(1)
     
  Any agreements resulting from this Regulation shall contain provisions ensuring the protection of the Community's financial interests, in particular with respect to irregularities, fraud, corruption and any other illegal activity, in accordance with Council Regulations (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests

   (2)

  and (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities

   (3)

  , and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)

   (4).

(2)
     
  Agreements shall expressly entitle the Commission and the Court of Auditors to perform audits, including document audits or on the spot audits of any contractor or subcontractor who has received Community funds. They shall also expressly authorise the Commission to carry out on-the-spot checks and inspections as provided for in Regulation (Euratom, EC) No 2185/96.

(3)
     
  All contracts resulting from the implementation of assistance shall ensure the rights of the Commission and the Court of Auditors under paragraph 2 during and after the performance of the contracts.

1.   The Commission shall regularly evaluate the actions and programmes financed under this Regulation in order to ascertain whether the objectives
  have been met and enable it to
  formulate recommendations with a view to improving future operations.

1.   The Commission shall regularly evaluate the actions and programmes financed under this Regulation in order to ascertain whether the
  degree of achievement of the
  objectives
  originally set out, the cost-effectiveness of the measures financed by the Community and their impact have been satisfactory. On this basis, the Commission shall
  formulate recommendations with a view to improving future operations.

1a.
     
  The evaluation reports shall be carried out by means of independent external evaluations where appropriate or at the request of the European Parliament or the Council.

2a.
     
  The Commission shall associate all relevant stakeholders, including non-State actors, in the evaluation phase of the Community cooperation provided for under this Regulation.

2b.
     
  A limited proportion of the annual budget shall be used to finance evaluation studies of the actions and programmes undertaken in the framework of this Regulation.

The Commission shall examine the progress made on implementing the measures taken under this Regulation and shall submit every two years to the European Parliament and the Council a report on the implementation of this Regulation. The report shall set out the results of implementation of the budget and present the actions and programmes financed.

The Commission shall examine the progress made on implementing the measures taken under this Regulation and shall submit every two years to the European Parliament and the Council a
  detailed
  report on the implementation of this Regulation. The report shall set out the results of implementation of the budget and present
  all
  the actions and programmes financed
  and, as far as possible, set out the main outcomes and impacts of the cooperation actions and programmes.

4.   The Commission shall regularly inform the European Parliament of the Committee proceedings and provide the relevant documents including agenda, draft measures and summary records of the meetings.

4.   The Commission shall regularly inform the European Parliament of the Committee proceedings and provide the relevant documents including agenda, draft measures and
  detailed
  summary records of the meetings.

The amount of Community funding deemed necessary for the implementation of the actions identified in this Regulation will be established by the budget authority on an annual basis within the limits of the financial perspectives.

The financial reference amount for the implementation of this Regulation for the period from 2007 to 2013 shall be 172 million euro.
  The
  annual
  amount of Community funding deemed necessary for the implementation of the actions identified in this Regulation will be established by the budget authority on an annual basis within the limits of the financial framework.

Article 15a

Review

By 31 December 2010, the Commission shall submit to the European Parliament and the Council a report evaluating the implementation of this Regulation in the first three years with, if appropriate, a legislative proposal introducing the necessary modifications.

---

(1)  Not yet published in OJ.

(2)  

  OJ L 312, 23.12.1995, p. 1.

(3)  

  OJ L 292, 15.11.1996, p. 2.

(4)  

  OJ L 136, 31.5.1999, p. 1.

P6_TA(2006)0551

Pharmaceutical active substances

Declaration of the European Parliament on pharmaceutical active substances

The European Parliament,

| — | having regard to Rule 116 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 116 of its Rules of Procedure,

| A. | whereas the high quality of pharmaceutical active substances is guaranteed by certification of conformity with good manufacturing practice (GMP), |
| --- | --- |

A.

whereas the high quality of pharmaceutical active substances is guaranteed by certification of conformity with good manufacturing practice (GMP),

| B. | whereas some Community producers obtain such certificates under Article 111(5) of Directive 2001/83/EC (1) following inspection at the site of production, while producers outside the Community may obtain them under Resolution AP-CSP(99)4 of the Council of Europe via self-certification with no inspections being needed, |
| --- | --- |

B.

whereas some Community producers obtain such certificates under Article 111(5) of Directive 2001/83/EC (1) following inspection at the site of production, while producers outside the Community may obtain them under Resolution AP-CSP(99)4 of the Council of Europe via self-certification with no inspections being needed,

| C. | whereas the marketing of non-Community active substances is a matter of concern for the scientific community in the EU, given the failure to meet safety standards, |
| --- | --- |

C.

whereas the marketing of non-Community active substances is a matter of concern for the scientific community in the EU, given the failure to meet safety standards,

| D. | whereas consumers are ensured higher safety standards if they know the origin of an active substance, |
| --- | --- |

D.

whereas consumers are ensured higher safety standards if they know the origin of an active substance,

| E. | whereas the provisions concerning manufacturers of medicines and active substances in Article 111 of the above-mentioned Directive are also directly applicable to importers, |
| --- | --- |

E.

whereas the provisions concerning manufacturers of medicines and active substances in Article 111 of the above-mentioned Directive are also directly applicable to importers,

| 1. | Believes that both producers and importers of active substances should submit a GMP certificate delivered by the European authorities following mandatory inspection at the site of production; |
| --- | --- |

1.

Believes that both producers and importers of active substances should submit a GMP certificate delivered by the European authorities following mandatory inspection at the site of production;

| 2. | Proposes to introduce a system for the traceability of the active substance, with an indication of its origin (i.e. country, company, site of production), as a means of discouraging the re-labelling or re-packaging of non-Community products in the interests of public health; |
| --- | --- |

2.

Proposes to introduce a system for the traceability of the active substance, with an indication of its origin (i.e. country, company, site of production), as a means of discouraging the re-labelling or re-packaging of non-Community products in the interests of public health;

| 3. | Instructs its President to forward this Declaration, together with the names of the signatories, to the Council, the Commission and the Parliaments of the Member States. |
| --- | --- |

3.

Instructs its President to forward this Declaration, together with the names of the signatories, to the Council, the Commission and the Parliaments of the Member States.

List of signatories

Adamou, Aita, Albertini, Alvaro, Andrejevs, Andria, Andrikienė, Angelilli, Antoniozzi, Arnaoutakis, Assis, Atkins, Attwooll, Aubert, Audy, Ayala Sender, Aylward, Ayuso González, Bachelot-Narquin, Baco, Badía i Cutchet, Barón Crespo, Battilocchio, Batzeli, Bauer, Beazley, Becsey, Belet, Belohorská, Bennahmias, Berlato, Berlinguer, Birutis, Blokland, Bobošíková, Bösch, Bonde, Bonsignore, Borghezio, Bossi, Bourlanges, Bourzai, Bowis, Braghetto, Brejc, Breyer, Březina, Brie, Brunetta, Bushill-Matthews, Busk, Busquin, Buzek, Cabrnoch, Calabuig Rull, Camre, Cappato, Carlotti, Carnero González, Casini, Castiglione, del Castillo Vera, Catania, Cavada, Cederschiöld, Cercas, Chichester, Chiesa, Chmielewski, Claeys, Cocilovo, Coelho, Cohn-Bendit, Cornillet, Correia, Costa, Cottigny, Coûteaux, Crowley, Czarnecki M., Daul, Davies, De Blasio, De Keyser, Demetriou, De Michelis, Deprez, De Sarnez, Descamps, Dess, De Veyrac, Díaz De Mera García Consuegra, Dičkutė, Díez González, Dillen, Dimitrakopoulos, Dobolyi, Doorn, Doyle, Drčar Murko, Duka-Zólyomi, Ebner, Estrela, Eurlings, Falbr, Fatuzzo, Fava, Fernandes, Fernández Martín, Figueiredo, Flasarová, Florenz, Foglietta, Fontaine, Ford, Fraga Estévez, Frassoni, Freitas, Fruteau, Gahler, Gál, Gaľa, Galeote Quecedo, García-Margallo y Marfil, García Pérez, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Geremek, Gill, Gklavakis, Glattfelder, Gobbo, Gottardi, Goudin, Grabowska, Grabowski, Graça Moura, Grässle, de Grandes Pascual, Griesbeck, Gröner, Grosch, Grossetête, Gruber, Guardans Cambó, Guellec, Guidoni, Gurmai, Gutiérrez-Cortines, Handzlik, Harbour, Hassi, Hatzidakis, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Isler Béguin, Iturgaiz Angulo, Járóka, Jarzembowski, Jordan Cizelj, Juknevičienė, Kacin, Kaczmarek, Kallenbach, Karas, Karatzaferis, Kasoulides, Kauppi, Kelam, Klamt, Klass, Klinz, Kósáné Kovács, Kratsa-Tsagaropoulou, Krupa, Kułakowski, Kušķis, Kusstatscher, Kużmiuk, Lamassoure, Landsbergis, Laperrouze, La Russa, Lavarra, Le Foll, Lehideux, Leinen, Le Pen J.-M., Le Pen M., Le Rachinel, Liberadzki, Lichtenberger, Lienemann, Liese, Locatelli, Lombardo, López-Istúriz White, Losco, Louis, Lulling, Lynne, McMillan-Scott, Manders, Mann T., Mantovani, Marques, Martens, Martin D., Martinez, Masiel, Masip Hidalgo, Maštálka, Mathieu, Mato Adrover, Matsakis, Matsis, Mauro, Mavrommatis, Mayor Oreja, Meijer, Méndez de Vigo, Menéndez del Valle, Miguélez Ramos, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Morgantini, Morillon, Musacchio, Muscardini, Musotto, Mussolini, Musumeci, Napoletano, Nassauer, Navarro, Niebler, van Nistelrooij, Novak, Obiols i Germà, Occhetto, Olajos, Olbrycht, Ó Neachtain, Onesta, Oomen-Ruijten, Ortuondo Larrea, Őry, Ouzký, Oviir, Panayotopoulos-Cassiotou, Pannella, Panzeri, Papastamkos, Parish, Patriciello, Patrie, Peterle, Pieper, Pinheiro, Pirilli, Pirker, Pistelli, Pittella, Pleštinská, Podestà, Podkański, Poli Bortone, Pomés Ruiz, Posselt, Prets, Prodi, Purvis, Queiró, Quisthoudt-Rowohl, Remek, Reynaud, Ribeiro e Castro, Riera Madurell, Ries, Rivera, Rizzo, Rogalski, Roithová, Romagnoli, Romeva i Rueda, Roure, Rudi Ubeda, Rübig, Rutowicz, Ryan, Sacconi, Saïfi, Sakalas, Salafranca Sánchez-Neyra, Salinas García, Salvini, Samaras, Samuelsen, Sánchez Presedo, dos Santos, Sartori, Saryusz-Wolski, Sbarbati, Schenardi, Schierhuber, Schwab, Seeber, Sifunakis, Silva Peneda, Sinnott, Škottová, Sommer, Sonik, Sornosa Martínez, Sousa Pinto, Speroni, Staes, Staniszewska, Sterckx, Stevenson, Stubb, Sturdy, Sudre, Surján, Susta, Svensson, Swoboda, Szájer, Szymański, Tajani, Tannock, Tarabella, Tatarella, Thyssen, Toia, Tomczak, Toubon, Trakatellis, Triantaphyllides, Tzampazi, Ulmer, Vakalis, Van Hecke, Van Lancker, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Veraldi, Vernola, Vidal-Quadras Roca, Vincenzi, Vlasto, Weisgerber, Willmott, Wojciechowski B., Wojciechowski J., Wortmann-Kool, Záborská, Zaleski, Zani, Zappala', Zatloukal, Zingaretti, Zvěřina, Zwiefka

---

(1)  Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67). Directive last amended by Directive 2004/27/EC (OJ L 136, 30.4.2004, p. 34).

---

Wednesday, 13 December 2006

| 23.12.2006 | EN | Official Journal of the European Union | CE 317/215 |
| --- | --- | --- | --- |

23.12.2006

EN

Official Journal of the European Union

CE 317/215

---

MINUTES

(2006/C 317 E/03)

PROCEEDINGS OF THE SITTING

IN THE CHAIR: Josep BORRELL FONTELLES

President

1.   Opening of sitting

The sitting opened at 9.05.

2.   Documents received

The following report had been received from committees:

| — | * Report on the proposal for a Council decision establishing for the period 2007-2013 the specific programme ‘Fundamental rights and citizenship’ as part of the General programme ‘Fundamental Rights and Justice’ (COM(2005)0122 [02] — C6-0236/2005 — 2005/0038(CNS)) — LIBE Committee
  Rapporteur: Inger Segelström (A6-0465/2006). |
| --- | --- |

—

- Report on the proposal for a Council decision establishing for the period 2007-2013 the specific programme ‘Fundamental rights and citizenship’ as part of the General programme ‘Fundamental Rights and Justice’ (COM(2005)0122 [02] — C6-0236/2005 — 2005/0038(CNS)) — LIBE Committee

Rapporteur: Inger Segelström (A6-0465/2006).

3.   Action taken on Parliament's positions and resolutions

The Commission communication on the action taken on the positions and resolutions adopted by Parliament at the September I and II part-sessions had been distributed.

4.   Enlargement Strategy and Main Challenges 2006-2007 — The institutional aspects of the European Union's capacity to integrate new Member States (debate)

(debate)

Report on the Commission communication on the Enlargement Strategy and Main Challenges 2006-2007 [2006/2252(INI)] — Committee on Foreign Affairs

Rapporteur: Elmar Brok (A6-0436/2006).

Report on the institutional aspects of the European Union's capacity to integrate new Member States [2006/2226(INI)] — Committee on Constitutional Affairs

Rapporteur: Alexander Stubb (A6-0393/2006).

Elmar Brok introduced the report (A6-0436/2006).

Alexander Stubb introduced the report (A6-0393/2006).

The following spoke: Paula Lehtomäki (President-in-Office of the Council) and Olli Rehn (Member of the Commission).

The following spoke: Íñigo Méndez de Vigo, on behalf of the PPE-DE Group, Hannes Swoboda, on behalf of the PSE Group, Annemie Neyts-Uyttebroeck, on behalf of the ALDE Group, Joost Lagendijk, on behalf of the Verts/ALE Group, Erik Meijer, on behalf of the GUE/NGL Group, Konrad Szymański, on behalf of the UEN Group, Bastiaan Belder, on behalf of the IND/DEM Group, Philip Claeys, Non-attached Member, Panayiotis Demetriou, Jan Marinus Wiersma and Andrew Duff.

IN THE CHAIR: Alejo VIDAL-QUADRAS

Vice-President

The following spoke: Johannes Voggenhuber, Jaromír Kohlíček, Ryszard Czarnecki, Georgios Karatzaferis, Jim Allister, Jacques Toubon, Carlos Carnero González, Alexander Lambsdorff, Angelika Beer, Mary Lou McDonald, Jan Tadeusz Masiel, Gerard Batten, György Schöpflin, Jo Leinen, István Szent-Iványi, Cem Özdemir, Sylvia-Yvonne Kaufmann, Mario Borghezio, Paul Marie Coûteaux, Reinhard Rack, Richard Corbett, Ignasi Guardans Cambó, Milan Horáček, Kyriacos Triantaphyllides, Andrzej Tomasz Zapałowski, Jacek Protasiewicz, Csaba Sándor Tabajdi, Marios Matsakis, Giorgos Dimitrakopoulos and Inger Segelström.

IN THE CHAIR: Pierre MOSCOVICI

Vice-President

The following spoke: Hannu Takkula, Bogdan Klich, Józef Pinior, Henrik Lax, Camiel Eurlings, Stavros Lambrinidis, Arūnas Degutis, Zsolt László Becsey, Marie-Line Reynaud, Olle Schmidt, Bernd Posselt, Helmut Kuhne, Alojz Peterle, Genowefa Grabowska, Tunne Kelam, Ioannis Kasoulides, Ioannis Varvitsiotis, Tadeusz Zwiefka, Charles Tannock, Andreas Mölzer, Paula Lehtomäki and Olli Rehn.

The debate closed.

Vote: Minutes of 13.12.2006, Item 8.17 (A6-0436/2006) and Minutes of 13.12.2006, Item 8.18 (A6-0393/2006)

Minutes of 13.12.2006, Item 8.17

Minutes of 13.12.2006, Item 8.18

(The sitting was suspended at 11.55 pending voting time and resumed at 12.05.)

(The sitting was suspended at 11.55 pending voting time and resumed at 12.05.)

IN THE CHAIR: Josep BORRELL FONTELLES

President

5.   Membership of political groups

Mario Borghezio, Umberto Bossi, Gian Paolo Gobbo, Dariusz Maciej Grabowski, Wiesław Stefan Kuc, Bogdan Pęk, Mirosław Mariusz Piotrowski, Bogusław Rogalski, Francesco Enrico Speroni and Andrzej Tomasz Zapałowski had joined the UEN Group with effect from 13.12.2006.

6.   Agenda

The President announced that the report by Jo Leinen, on amendment of Rules 15 and 182(1) of Parliament's Rules of Procedure — Election of Quaestors and committee bureaux (A6-0464/2006), which was on the agenda for voting time on Thursday, 14.12.2006(Item 110 on the agenda), had not been adopted in committee under the procedure laid down in Rule 131 and would therefore be included as the last item on the agenda of that day's sitting.

(Item 110 on the agenda)

*

- *

The following spoke: Renato Brunetta, who drew the attention of the House to the behaviour of some security guards at the entrance to the Chamber, which he deemed to be over the top, and Tadeusz Zwiefka, who expressed his disappointment that the TV broadcast from the Chamber had been cut off when the Sakharov Prize was being awarded the previous day, meaning that Belarusians were not able to watch Alexander Milinkevich's speech (the President replied that the problems to which both Members had referred were linked to demonstrations by Parliament's session auxiliary staff).

7.   Statement by the President

Personally and on behalf of the House, the President expressed his concern about the controversial conference on the Holocaust that had taken place in Tehran on 11 and 12 December 2006 and, on behalf of Parliament, called on the Iranian Government to make every possible effort to combat anti-Semitism, racism, xenophobia and discrimination.

8.   Voting time

Details of voting (amendments, separate and split votes, etc.) appear in the ‘Results of votes’ annex to the Minutes.

8.1.   European Chemicals Agency ***II (vote)

(vote)

Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC of the European Parliament and of the Council and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC [07524/8/2006 — C6-0267/2006 — 2003/0256(COD)] — Committee on the Environment, Public Health and Food Safety

Rapporteur: Guido Sacconi (A6-0352/2006).

(Qualified majority)

(Qualified majority)

(Voting record: ‘Results of votes’, Item 1)

(Voting record: ‘Results of votes’, Item 1)

COMMON POSITION OF THE COUNCIL

The following spoke: Karl-Heinz Florenz (Chairman of the ENVI Committee) and Guido Sacconi (rapporteur).

Declared approved as amended (P6_TA(2006)0552)

(P6_TA(2006)0552)

The following spoke on the vote:

The following spoke on the vote:

| — | Guido Sacconi, after the vote on the compromise package (option 1); |
| --- | --- |

—

Guido Sacconi, after the vote on the compromise package (option 1);

| — | Roberto Musacchio, who pointed out that during the vote the rapporteur should respect all the different opinions held by those in the Chamber; |
| --- | --- |

—

Roberto Musacchio, who pointed out that during the vote the rapporteur should respect all the different opinions held by those in the Chamber;

| — | Carl Schlyter, on the possibility of a conciliation procedure; |
| --- | --- |

—

Carl Schlyter, on the possibility of a conciliation procedure;

| — | Guido Sacconi, who welcomed the outcome of the vote. |
| --- | --- |

—

Guido Sacconi, who welcomed the outcome of the vote.

8.2.   Amendment of Directive 67/548/EEC on dangerous substances (REACH) ***II (vote)

(vote)

Recommendation for second reading on the Council common position for adopting a directive of the European Parliament and of the Council amending Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances in order to adapt it to Regulation (EC) No .../2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency [07525/3/2006 — C6-0268/2006 — 2003/0257(COD)] — Committee on the Environment, Public Health and Food Safety

Rapporteur: Guido Sacconi (A6-0345/2006).

(Qualified majority)

(Qualified majority)

(Voting record: ‘Results of votes’, Item 2)

(Voting record: ‘Results of votes’, Item 2)

COMMON POSITION OF THE COUNCIL

Declared approved (P6_TA(2006)0553)

(P6_TA(2006)0553)

IN THE CHAIR: Ingo Friedrich

Vice-President

8.3.   Inclusion of Bulgarian and Romanian among the languages of procedure for the Court of Justice * (Rule 131) (vote)

(Rule 131) (vote)

Report on the Draft Council Decision amending the Rules of Procedure of the Court of Justice of the European Communities as regards the language arrangements, in order to include Bulgarian and Romanian among the languages of cases as laid down in the Rules of Procedure [15712/2006 — C6-0434/2006 — 2006/0813(CNS)] — Committee on Legal Affairs

Rapporteur: Giuseppe Gargani (A6-0463/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 3)

(Voting record: ‘Results of votes’, Item 3)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0554)

(P6_TA(2006)0554)

8.4.   Inclusion of Bulgarian and Romanian among the languages of procedure for the Court of First Instance * (Rule 131) (vote)

(Rule 131) (vote)

Report on the Draft Council Decision amending the Rules of Procedure of the Court of First Instance of the European Communities with regard to languages, in order to include Bulgarian and Romanian among the languages of cases as laid down in the Rules of Procedure [15715/2006 — C6-0435/2006 — 2006/0814(CNS)] — Committee on Legal Affairs

Rapporteur: Giuseppe Gargani (A6-0462/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 4)

(Voting record: ‘Results of votes’, Item 4)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0555)

(P6_TA(2006)0555)

8.5.   European Year of Intercultural Dialogue (2008) ***II (Rule 131) (vote)

(Rule 131) (vote)

Recommendation for second reading on the Council common position for adopting a decision of the European Parliament and of the Council on the European Year of Intercultural Dialogue (2008) [14153/2/2006 — C6-0422/2006 — 2005/0203(COD)] — Committee on Culture and Education

Rapporteur: Erna Hennicot-Schoepges (A6-0435/2006).

(Qualified majority)

(Qualified majority)

(Voting record: ‘Results of votes’, Item 5)

(Voting record: ‘Results of votes’, Item 5)

COMMON POSITION OF THE COUNCIL

Declared approved (P6_TA(2006)0556)

(P6_TA(2006)0556)

8.6.   Financial Regulation applicable to the general budget of the European Communities * (Rule 131) (vote)

(Rule 131) (vote)

Report on the joint guideline adopted by the Council with a view to adopting a Council regulation amending Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities [COM(2006)0213 — C6-0207/2006 — 2005/0090(CNS)] — Committee on Budgets

Rapporteur: Ingeborg Gräßle (A6-0447/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 6)

(Voting record: ‘Results of votes’, Item 6)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0557)

(P6_TA(2006)0557)

8.7.   Draft amending budget No 6/2006 (Rule 131) (vote)

(Rule 131) (vote)

Report on Draft amending budget No 6/2006 of the European Union for the financial year 2006 Section III — Commission [15635/2006 — C6-0441/2006 — 2006/2265(BUD)] — Committee on Budgets

Rapporteur: Gianni Pittella (A6-0444/2006).

(Qualified majority)

(Qualified majority)

(Voting record: ‘Results of votes’, Item 7)

(Voting record: ‘Results of votes’, Item 7)

MOTION FOR A RESOLUTION

Adopted by single vote (P6_TA(2006)0558)

(P6_TA(2006)0558)

8.8.   Coordination of certain of the Member States' provisions on television broadcasting ***I (vote)

(vote)

Report on the proposal for a directive of the European Parliament and of the Council amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities [COM(2005)0646 — C6-0443/2005 — 2005/0260(COD)] — Committee on Culture and Education

Rapporteur: Ruth Hieronymi (A6-0399/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 8)

(Voting record: ‘Results of votes’, Item 8)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0559)

(P6_TA(2006)0559)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0559)

(P6_TA(2006)0559)

The following spoke on the vote:

The following spoke on the vote:

| — | Ruth Hieronymi (rapporteur), who provided clarification on German terminology used in the report and suggested corrections for the English and French versions; |
| --- | --- |

—

Ruth Hieronymi (rapporteur), who provided clarification on German terminology used in the report and suggested corrections for the English and French versions;

| — | Jacques Toubon, who called for all the discrepancies between the different language versions of the text to be cleared up before Parliament's position was forwarded to the Commission and Council (the President replied that it would be done); |
| --- | --- |

—

Jacques Toubon, who called for all the discrepancies between the different language versions of the text to be cleared up before Parliament's position was forwarded to the Commission and Council (the President replied that it would be done);

| — | Christopher Heaton-Harris, on the admissibility of amendment 160 (the President replied that it had been checked and was indeed admissible); |
| --- | --- |

—

Christopher Heaton-Harris, on the admissibility of amendment 160 (the President replied that it had been checked and was indeed admissible);

| — | Ignasi Guardans Cambó, on the voting procedure. |
| --- | --- |

—

Ignasi Guardans Cambó, on the voting procedure.

8.9.   Establishing the European Globalisation adjustment Fund ***I (vote)

(vote)

Report on the proposal for a regulation of the European Parliament and of the Council establishing the European Globalisation adjustment Fund [COM(2006)0091 — C6-0082/2006 — 2006/0033(COD)] — Committee on Employment and Social Affairs

Rapporteur: Roselyne Bachelot-Narquin (A6-0385/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 9)

(Voting record: ‘Results of votes’, Item 9)

COMMISSION PROPOSAL

The following spoke: Janusz Lewandowski (Chairman of the BUDG Committee), who pointed out that the PPE-DE Group had withdrawn its amendments, and Roselyne Bachelot-Narquin (rapporteur), who welcomed the decision.

Approved as amended (P6_TA(2006)0560)

(P6_TA(2006)0560)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0560)

(P6_TA(2006)0560)

8.10.   Type approval of motor vehicles with respect to emissions and access to vehicle repair information ***I (vote)

(vote)

Report on the proposal for a regulation of the European Parliament and of the Council on type approval of motor vehicles with respect to emissions and on access to vehicle repair information, amending Directive 72/306/EEC and Directive .../.../EC [COM(2005)0683 — C6-0007/2006 — 2005/0282(COD)] — Committee on the Environment, Public Health and Food Safety

Rapporteur: Matthias Groote (A6-0301/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 10)

(Voting record: ‘Results of votes’, Item 10)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0561)

(P6_TA(2006)0561)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0561)

(P6_TA(2006)0561)

8.11.   Financial contributions to the International Fund for Ireland (2007-2010) * (vote)

(vote)

Report on the proposal for a Council regulation concerning Community financial contributions to the International Fund for Ireland (2007-2010) [COM(2006)0564 — C6-0423/2006 — 2006/0194(CNS)] — Committee on Regional Development

Rapporteur: Jim Higgins (A6-0432/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 11)

(Voting record: ‘Results of votes’, Item 11)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0562)

(P6_TA(2006)0562)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0562)

(P6_TA(2006)0562)

The following spoke before the vote:

The following spoke before the vote:

| — | Jim Higgins (rapporteur), before the vote. |
| --- | --- |

—

Jim Higgins (rapporteur), before the vote.

8.12.   Banana sector * (vote)

(vote)

Report on the proposal for a Council regulation amending Regulations (EEC) No 404/93, (EC) No 1782/2003 and (EC) No 247/2006 as regards the banana sector [COM(2006)0489 — C6-0339/2006 — 2006/0173(CNS)] — Committee on Agriculture and Rural Development

Rapporteur: Jean-Claude Fruteau (A6-0422/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 12)

(Voting record: ‘Results of votes’, Item 12)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0563)

(P6_TA(2006)0563)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0563)

(P6_TA(2006)0563)

The following spoke on the vote:

The following spoke on the vote:

| — | Emanuel Jardim Fernandes, who clarified the wording of amendment 22. |
| --- | --- |

—

Emanuel Jardim Fernandes, who clarified the wording of amendment 22.

8.13.   VAT arrangements for radio and television broadcasting and other services * (vote)

(vote)

Report on the proposal for a Council directive amending Council Directive 2002/38/EC as regards the period of application of the value added tax arrangements applicable to radio and television broadcasting services and certain electronically supplied services [COM(2006)0739 — C6-0437/2006 — 2006/0245(CNS)] — Committee on Economic and Monetary Affairs

Rapporteur: Zsolt László Becsey (A6-0440/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 13)

(Voting record: ‘Results of votes’, Item 13)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0564)

(P6_TA(2006)0564)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0564)

(P6_TA(2006)0564)

8.14.   Legislative and work programme of the Commission for 2007 (vote)

(vote)

Motions for resolution B6-0630/2006, B6-0634/2006, B6-0635/2006, B6-0637/2006/rev, B6-0640/2006 and B6-0642/2006

The debate had been held on 14.11.2006(Minutes of 14.11.2006, Item 15).

(Minutes of 14.11.2006, Item 15)

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 14)

(Voting record: ‘Results of votes’, Item 14)

MOTION FOR A RESOLUTION B6-0630/2006

Rejected

MOTION FOR A RESOLUTION RC-B6-0634/2006/rev

(replacing B6-0634/2006, B6-0635/2006, B6-0637/2006/rev, B6-0640/2006 and B6-0642/2006):

tabled by the following Members:

Françoise Grossetête and Hans-Gert Pöttering, on behalf of the PPE-DE Group,

Martin Schulz and Hannes Swoboda, on behalf of the PSE Group,

Silvana Koch-Mehrin, on behalf of the ALDE Group,

Pierre Jonckheer, Monica Frassoni and Daniel Cohn-Bendit, on behalf of the Verts/ALE Group,

Brian Crowley, Roberta Angelilli, Guntars Krasts, Gintaras Didžiokas and Zdzisław Zbigniew Podkański, on behalf of the UEN Group

Adopted (P6_TA(2006)0565)

(P6_TA(2006)0565)

(Motion for a resolution B6-0637/2006/rev fell.)

8.15.   Russia-EU Summit (vote)

(vote)

Motions for resolution B6-0631/2006, B6-0633/2006, B6-0636/2006, B6-0638/2006, B6-0639/2006 and B6-0641/2006

The debate had been held on 29.11.2006(Minutes of 29.11.2006, Item 13).

(Minutes of 29.11.2006, Item 13)

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 15)

(Voting record: ‘Results of votes’, Item 15)

MOTION FOR A RESOLUTION RC-B6-0631/2006/rev

(replacing B6-0631/2006, B6-0633/2006, B6-0636/2006, B6-0638/2006, B6-0639/2006 and B6-0641/2006):

tabled by the following Members:

Jacek Saryusz-Wolski, Bernd Posselt, Vytautas Landsbergis and Tunne Kelam, on behalf of the PPE-DE Group,

Hannes Swoboda and Jan Marinus Wiersma, on behalf of the PSE Group

Paavo Väyrynen, on behalf of the ALDE Group,

Daniel Cohn-Bendit, Hélène Flautre, Milan Horáček, Bart Staes, Rebecca Harms and Angelika Beer, on behalf of the Verts/ALE Group,

Esko Seppänen, on behalf of the GUE/NGL Group,

Konrad Szymański, Michał Tomasz Kamiński, Adam Bielan, Hanna Foltyn-Kubicka, Ryszard Czarnecki, Inese Vaidere and Ģirts Valdis Kristovskis, on behalf of the UEN Group

Adopted (P6_TA(2006)0566)

(P6_TA(2006)0566)

The following spoke on the vote:

The following spoke on the vote:

| — | Konrad Szymański, on the vote on amendments 9 and 6. |
| --- | --- |

—

Konrad Szymański, on the vote on amendments 9 and 6.

8.16.   Implementation of Directive 85/611/EEC (undertakings for collective investment in transferable securities) (vote)

(vote)

Motion for a resolution tabled pursuant to Rule 81 by Wolf Klinz, on behalf of the ECON Committee, on the draft Commission directive implementing Council Directive 85/611/EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) as regards the clarification of certain definitions (B6-0643/2006)

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 16)

(Voting record: ‘Results of votes’, Item 16)

MOTION FOR A RESOLUTION

Adopted (P6_TA(2006)0567)

(P6_TA(2006)0567)

8.17.   Enlargement Strategy and Main Challenges 2006-2007 (vote)

(vote)

Report on the Commission communication on the Enlargement Strategy and Main Challenges 2006-2007 [2006/2252(INI)] — Committee on Foreign Affairs

Rapporteur: Elmar Brok (A6-0436/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 17)

(Voting record: ‘Results of votes’, Item 17)

MOTION FOR A RESOLUTION

Adopted (P6_TA(2006)0568)

(P6_TA(2006)0568)

The following spoke on the vote:

The following spoke on the vote:

| — | Elmar Brok (rapporteur), who moved oral amendments to amendments 29 and 16, which were incorporated; |
| --- | --- |

—

Elmar Brok (rapporteur), who moved oral amendments to amendments 29 and 16, which were incorporated;

| — | Giorgos Dimitrakopoulos and Joost Lagendijk, who moved oral amendments to amendment 17, which were incorporated. |
| --- | --- |

—

Giorgos Dimitrakopoulos and Joost Lagendijk, who moved oral amendments to amendment 17, which were incorporated.

8.18.   The institutional aspects of the European Union's capacity to integrate new Member States (vote)

(vote)

Report on the institutional aspects of the European Union's capacity to integrate new Member States [2006/2226(INI)] — Committee on Constitutional Affairs

Rapporteur: Alexander Stubb (A6-0393/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 18)

(Voting record: ‘Results of votes’, Item 18)

MOTION FOR A RESOLUTION

Adopted (P6_TA(2006)0569)

(P6_TA(2006)0569)

The following spoke on the vote:

The following spoke on the vote:

| — | Alexander Stubb (rapporteur), who pointed out that the French version of amendment 8 was the authentic text. |
| --- | --- |

—

Alexander Stubb (rapporteur), who pointed out that the French version of amendment 8 was the authentic text.

9.   Explanations of vote

Written explanations of vote:

Explanations of vote submitted in writing under Rule 163(3) appear in the Verbatim Report of Proceedings for the sitting.

Verbatim Report of Proceedings

Oral explanations of vote:

Oral explanations of vote:

Reports by Guido Sacconi — A6-0352/2006 and A6-0345/2006:

| — | Hubert Pirker, Philip Claeys, Frank Vanhecke, Zita Pleštinská, Richard Seeber, Czesław Adam Siekierski, Christoph Konrad, Kurt Joachim Lauk |
| --- | --- |

—

Hubert Pirker, Philip Claeys, Frank Vanhecke, Zita Pleštinská, Richard Seeber, Czesław Adam Siekierski, Christoph Konrad, Kurt Joachim Lauk

Report: Ruth Hieronymi — A6-0399/2006:

| — | Carlo Fatuzzo |
| --- | --- |

—

Carlo Fatuzzo

Report: Roselyne Bachelot-Narquin — A6-0385/2006:

| — | Hubert Pirker, Carlo Fatuzzo |
| --- | --- |

—

Hubert Pirker, Carlo Fatuzzo

Report: Matthias Groote — A6-0301/2006:

| — | Richard Seeber, Carlo Fatuzzo |
| --- | --- |

—

Richard Seeber, Carlo Fatuzzo

Report: Jim Higgins — A6-0432/2006:

| — | Marian Harkin |
| --- | --- |

—

Marian Harkin

Report: Jean-Claude Fruteau — A6-0422/2006:

| — | Jean-Claude Martinez |
| --- | --- |

—

Jean-Claude Martinez

Russia-EU Summit:

| — | Bernd Posselt |
| --- | --- |

—

Bernd Posselt

Report: Elmar Brok — A6-0436/2006:

| — | Hubert Pirker, Frank Vanhecke, Carlo Fatuzzo |
| --- | --- |

—

Hubert Pirker, Frank Vanhecke, Carlo Fatuzzo

Report: Alexander Stubb — A6-0393/2006:

| — | Hubert Pirker |
| --- | --- |

—

Hubert Pirker

10.   Corrections to votes and voting intentions

Corrections to votes and voting intentions appear on the ‘Séance en direct’ website under ‘Votes’/‘Results of votes’/‘Roll-call votes’. They are published in hard copy in the ‘Result of roll-call votes’ annex.

The electronic version on Europarl will be regularly updated for a maximum of two weeks after the day of the vote concerned.

After the two-week deadline has passed, the list of corrections to votes and voting intentions will be finalised so that it can be translated and published in the Official Journal.

Francesco Musotto and Alfonso Andria had informed the Chair that their voting machines had not worked during the vote on amendment 191 to the Guido Sacconi report (A6-0352/2006).

Elmar Brok had informed the Chair that he had not voted on the report by Ruth Hieronymi (A6-0399/2006) owing to a conflict of interests.

Jim Higgins had informed the Chair that his voting machine had not worked during the vote on his report (A6-0432/2006).

Hubert Pirker had informed the Chair that his voting machine had not worked on the final vote on the report by Elmar Brok (A6-0436/2006).

(The sitting was suspended at 14.05 and resumed at 15.00.)

(The sitting was suspended at 14.05 and resumed at 15.00.)

IN THE CHAIR: Antonios TRAKATELLIS

Vice-President

11.   Approval of Minutes of previous sitting

Marian Harkin had informed the Chair that she had not signed the attendance register but had indeed been present.

The Minutes of the previous sitting were approved.

12.   Data protection (debate)

(debate)

Council and Commission statements: Data protection

Paula Lehtomäki (President-in-Office of the Council) and Franco Frattini (Vice-President of the Commission) made the statements.

The following spoke: Charlotte Cederschiöld, on behalf of the PPE-DE Group, Martine Roure, on behalf of the PSE Group, Sophia in 't Veld, on behalf of the ALDE Group, Kathalijne Maria Buitenweg, on behalf of the Verts/ALE Group, Paula Lehtomäki, Kathalijne Maria Buitenweg, who put a question to the Council which Paula Lehtomäki answered, Sophia in 't Veld, who called on the Council to provide written answers to her questions, Paula Lehtomäki, who undertook to do so, and Franco Frattini.

The debate closed.

IN THE CHAIR: Josep BORRELL FONTELLES

President

13.   Preparation for the European Council (14-15 December 2006) (debate)

(debate)

Council and Commission statements: Preparation for the European Council (14-15 December 2006)

Paula Lehtomäki (President-in-Office of the Council) made the statement.

14.   Welcome

On behalf of Parliament, the President welcomed Mr Ranko Krivokapic, President of the Parliament of the Republic of Montenegro, and Mrs Gordana Djurovic, Deputy Prime Minister for European integration, who had taken their seats in the distinguished visitors' gallery.

15.   Preparation for the European Council (14-15 December 2006) (continuation of debate)

(continuation of debate)

Council and Commission statements: Preparation for the European Council (14-15 December 2006)

José Manuel Barroso (President of the Commission) made the statement.

The following spoke: Hans-Gert Pöttering, on behalf of the PPE-DE Group, Martin Schulz, on behalf of the PSE Group, and Graham Watson, on behalf of the ALDE Group.

16.   Welcome

On behalf of Parliament, the President welcomed members of a delegation from the Parliament of the Republic of Azerbaijan — led by Mr Valeh Aleskerov, Vice-President of the Parliament of the Republic of Azerbaijan and Co-Chairman of the EU-Azerbaijan Parliamentary Cooperation Committee — who had taken their seats in the distinguished visitors' gallery.

17.   Preparation for the European Council (14-15 December 2006) (continuation of debate)

(continuation of debate)

Council and Commission statements: Preparation for the European Council (14-15 December 2006)

The following spoke: Daniel Cohn-Bendit, on behalf of the Verts/ALE Group, and Esko Seppänen, on behalf of the GUE/NGL Group.

18.   Welcome

On behalf of Parliament, the President welcomed members of a delegation from the Syrian Parliament — led by Mr Numair Ghanem, Chairman of the Syrian Parliament's Foreign Affairs Committee — who had taken their seats in the distinguished visitors' gallery.

19.   Preparation for the European Council (14-15 December 2006) (continuation of debate)

(continuation of debate)

Council and Commission statements: Preparation for the European Council (14-15 December 2006)

The following spoke: Brian Crowley, on behalf of the UEN Group.

IN THE CHAIR: Ingo FRIEDRICH

Vice-President

The following spoke: Jens-Peter Bonde, on behalf of the IND/DEM Group, Jana Bobošíková, Non-attached Member, Piia-Noora Kauppi, Poul Nyrup Rasmussen, Anneli Jäätteenmäki, Bernat Joan i Marí, Kyriacos Triantaphyllides, Ryszard Czarnecki, Nigel Farage, Alessandro Battilocchio, Timothy Kirkhope and Reino Paasilinna.

IN THE CHAIR: Luigi COCILOVO

Vice-President

The following spoke: Andrew Duff, Vittorio Agnoletto, Zbigniew Krzysztof Kuźmiuk, Patrick Louis, Koenraad Dillen, Françoise Grossetête, Robert Goebbels, Sarah Ludford, Kartika Tamara Liotard, Hanna Foltyn-Kubicka, Hans-Peter Martin, Gunnar Hökmark, Jan Marinus Wiersma, Mirosław Mariusz Piotrowski, José Ignacio Salafranca Sánchez-Neyra, Pervenche Berès and Panayiotis Demetriou.

IN THE CHAIR: Manuel António dos SANTOS

Vice-President

The following spoke: Libor Rouček, Markus Ferber, Gary Titley, Nikolaos Vakalis, Mia De Vits, Francisco José Millán Mon, Simon Busuttil, Alexander Stubb, Paula Lehtomäki and José Manuel Barroso.

The debate closed.

20.   Question Time (Council)

(Council)

Parliament considered a number of questions to the Council (B6-0448/2006).

Question 1 (Marie Panayotopoulos-Cassiotou): Action by the Finnish Presidency in respect of children and their families.

Paula Lehtomäki (President-in-Office of the Council) answered the question and supplementaries by Marie Panayotopoulos-Cassiotou, Paul Rübig and Manuel Medina Ortega.

Question 2 (Manuel Medina Ortega): Immigration strategies.

Paula Lehtomäki answered the question and supplementaries by Manuel Medina Ortega, Danutė Budreikaitė and Reinhard Rack, the latter following a contribution from Derek Roland Clark.

Question 3 (Claude Moraes): Council plans for 2007 Year of Equal Opportunities and 2008 Year of Intercultural Dialogue.

Paula Lehtomäki answered the question and a supplementary by Richard Corbett (deputising for the author).

Question 4 (Sarah Ludford): Counter-terrorism strategy.

Paula Lehtomäki answered the question and supplementaries by Sarah Ludford and Jörg Leichtfried.

Question 5 lapsed as its author was absent.

Question 6 (Danutė Budreikaitė): Lithuania's energy prospects.

Paula Lehtomäki answered the question and supplementaries by Danutė Budreikaitė, Justas Vincas Paleckis, Paul Rübig and Laima Liucija Andrikienė.

Question 7 (Avril Doyle): COP12.

Paula Lehtomäki answered the question and a supplementary by Avril Doyle.

Question 8 (Richard Corbett): Composition of the Commission.

Paula Lehtomäki answered the question and a supplementary by Richard Corbett.

Question 9 had been withdrawn.

Question 10 (Bernd Posselt): Status of Kosovo.

Paula Lehtomäki answered the question and a supplementary by Bernd Posselt.

Question 11 (Bastiaan Belder): Late abortions at Ginemedex abortion clinic in Barcelona.

Paula Lehtomäki answered the question and a supplementary by Bastiaan Belder.

Questions which had not been answered for lack of time would receive written answers (see annex to the Verbatim Report of Proceedings).

(see annex to the Verbatim Report of Proceedings)

Council Question Time closed.

(The sitting was suspended at 19.00 and resumed at 21.00.)

(The sitting was suspended at 19.00 and resumed at 21.00.)

IN THE CHAIR: Mario MAURO

Vice-President

21.   Driving licences ***II (debate)

(debate)

Recommendation for second reading on the Council common position for adopting a directive of the European Parliament and of the Council on driving licences [09010/1/2006 — C6-0312/2006 — 2003/0252(COD)] — Committee on Transport and Tourism

Rapporteur: Mathieu Grosch (A6-0414/2006).

Mathieu Grosch introduced the recommendation for second reading.

Jacques Barrot (Vice-President of the Commission) spoke.

The following spoke: Georg Jarzembowski, on behalf of the PPE-DE Group, Ewa Hedkvist Petersen, on behalf of the PSE Group, Danutė Budreikaitė, on behalf of the ALDE Group, Michael Cramer, on behalf of the Verts/ALE Group, Erik Meijer, on behalf of the GUE/NGL Group, Kathy Sinnott, on behalf of the IND/DEM Group, Reinhard Rack, Willi Piecyk, Michael Henry Nattrass, Stanisław Jałowiecki, Gary Titley, Philip Bradbourn, Bogusław Liberadzki, Luís Queiró, Inés Ayala Sender, Corien Wortmann-Kool, Proinsias De Rossa, Rodi Kratsa-Tsagaropoulou, Dieter-Lebrecht Koch and Jacques Barrot.

The debate closed.

Vote: Minutes of 14.12.2006, Item 6.19.

Vote: Minutes of 14.12.2006, Item 6.19

22.   Double-hull or equivalent design requirements for single-hull oil tankers ***I (debate)

(debate)

Report on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 417/2002 on the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers and repealing Council Regulation (EC) No 2978/94 [COM(2006)0111 — C6-0104/2006 — 2006/0046(COD)] — Committee on Transport and Tourism

Rapporteur: Fernand Le Rachinel (A6-0417/2006).

Jacques Barrot (Vice-President of the Commission) spoke.

Fernand Le Rachinel introduced the report.

The following spoke: Georg Jarzembowski, on behalf of the PPE-DE Group, Willi Piecyk, on behalf of the PSE Group, Danutė Budreikaitė, on behalf of the ALDE Group, Erik Meijer, on behalf of the GUE/NGL Group, Rodi Kratsa-Tsagaropoulou and Jacques Barrot.

The debate closed.

Vote: Minutes of 14.12.2006, Item 6.14.

Minutes of 14.12.2006, Item 6.14

23.   Development of the second generation Schengen Information System (SIS II) * — Development of the second generation Schengen information System (SIS II) (decision) * (debate)

(debate)

Report on the proposal for a Council regulation amending Regulation (EC) No 2424/2001 on the development of the second generation Schengen Information System (SIS II) [COM(2006)0383 — C6-0296/2006 — 2006/0125(CNS)] — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Carlos Coelho (A6-0410/2006).

Report on the proposal for a Council decision amending Decision 2001/886/JHA on the development of the second generation Schengen Information System (SIS II) [COM(2006)0383 — C6-0297/2006 — 2006/0126(CNS)] — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Carlos Coelho (A6-0413/2006).

Franco Frattini (Vice-President of the Commission) spoke.

IN THE CHAIR: Luigi COCILOVO

Vice-President

Carlos Coelho introduced the reports.

The following spoke: Barbara Kudrycka, on behalf of the PPE-DE Group, Adam Bielan, on behalf of the UEN Group, Andrzej Jan Szejna, Leopold Józef Rutowicz.

The debate closed.

Vote: Minutes of 14.12.2006, Item 6.29 and Minutes of 14.12.2006, Item 6.30.

Minutes of 14.12.2006, Item 6.29 and Minutes of 14.12.2006, Item 6.30

24.   Violent video games (debate)

(debate)

Commission statement: Violent video games

Franco Frattini (Vice-President of the Commission) made the statement.

The following spoke: Mary Honeyball, on behalf of the PSE Group, and Roberta Angelilli, on behalf of the UEN Group.

The debate closed.

25.   Amendment of the Rules of Procedure (committees, Quaestors) (debate)

(debate)

Report on amendment of Rules 15 and 182(1) of Parliament's Rules of Procedure — Election of Quaestors and committee bureaux [2006/2287(REG)] — Committee on Constitutional Affairs

Rapporteur: Jo Leinen (A6-0464/2006).

Richard Corbett (deputising for the rapporteur) introduced the report.

The following spoke: Ingo Friedrich, on behalf of the PPE-DE Group, Andrew Duff, on behalf of the ALDE Group, Johannes Voggenhuber, on behalf of the Verts/ALE Group, Richard Corbett on Mr Voggenhuber's remarks and Johannes Voggenhuber, in reply.

The debate closed.

Vote: Minutes of 14.12.2006, Item 6.21.

Minutes of 14.12.2006, Item 6.21

26.   Agenda for next sitting

The agenda for the next sitting had been established (‘Agenda’ PE 381.846/OJJE).

27.   Closure of sitting

The sitting closed at 23.25.

Julian Priestley

Secretary-General

Janusz Onyszkiewicz

Vice-President

---

ATTENDANCE REGISTER

The following signed:

Agnoletto, Aita, Albertini, Allister, Andersson, Andrejevs, Andria, Andrikienė, Angelilli, Antoniozzi, Arif, Arnaoutakis, Ashworth, Atkins, Attwooll, Aubert, Audy, Auken, Ayala Sender, Aylward, Ayuso, Bachelot-Narquin, Baco, Badia i Cutchet, Barón Crespo, Barsi-Pataky, Batten, Battilocchio, Batzeli, Bauer, Beaupuy, Beazley, Becsey, Beer, Belder, Belet, Belohorská, Bennahmias, Beňová, Berend, Berès, van den Berg, Berger, Berlato, Berlinguer, Berman, Bielan, Blokland, Bloom, Bobošíková, Böge, Bösch, Bonde, Bono, Bonsignore, Booth, Borghezio, Borrell Fontelles, Bourlanges, Bourzai, Bowis, Bowles, Bozkurt, Bradbourn, Braghetto, Brejc, Brepoels, Breyer, Březina, Brie, Brok, Brunetta, Budreikaitė, van Buitenen, Buitenweg, Bullmann, van den Burg, Bushill-Matthews, Busk, Busquin, Busuttil, Cabrnoch, Calabuig Rull, Callanan, Camre, Capoulas Santos, Carlotti, Carlshamre, Carnero González, Casa, Casaca, Cashman, Casini, Caspary, Castex, Castiglione, del Castillo Vera, Catania, Cavada, Cederschiöld, Cercas, Chatzimarkakis, Chichester, Chiesa, Chmielewski, Christensen, Chruszcz, Claeys, Clark, Cocilovo, Coelho, Cohn-Bendit, Corbett, Corbey, Cornillet, Correia, Costa, Cottigny, Coûteaux, Coveney, Cramer, Crowley, Marek Aleksander Czarnecki, Ryszard Czarnecki, Daul, Davies, De Blasio, de Brún, Degutis, Dehaene, De Keyser, Demetriou, De Michelis, Deprez, De Rossa, De Sarnez, Descamps, Désir, Deß, Deva, De Veyrac, De Vits, Díaz de Mera García Consuegra, Dičkutė, Didžiokas, Díez González, Dillen, Dimitrakopoulos, Dobolyi, Dombrovskis, Doorn, Douay, Dover, Doyle, Drčar Murko, Duchoň, Dührkop Dührkop, Duff, Duka-Zólyomi, Ebner, Ehler, Ek, Elles, Estrela, Ettl, Eurlings, Jill Evans, Jonathan Evans, Robert Evans, Fajmon, Farage, Fatuzzo, Fava, Fazakas, Ferber, Fernandes, Fernández Martín, Anne Ferreira, Elisa Ferreira, Figueiredo, Fjellner, Flasarová, Flautre, Florenz, Foglietta, Foltyn-Kubicka, Fontaine, Fourtou, Fraga Estévez, Frassoni, Freitas, Friedrich, Fruteau, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, García Pérez, Gargani, Garriga Polledo, Gaubert, Gauzès, Gawronski, Gebhardt, Gentvilas, Geremek, Geringer de Oedenberg, Gewalt, Gibault, Gierek, Giertych, Gill, Gklavakis, Glante, Glattfelder, Gobbo, Goebbels, Goepel, Golik, Gollnisch, Gomes, Gomolka, Gottardi, Goudin, Grabowska, Grabowski, Graça Moura, Graefe zu Baringdorf, Gräßle, de Grandes Pascual, Grech, Griesbeck, Gröner, de Groen-Kouwenhoven, Groote, Grosch, Grossetête, Gruber, Guardans Cambó, Guellec, Guerreiro, Guidoni, Gurmai, Gutiérrez-Cortines, Guy-Quint, Gyürk, Hänsch, Hall, Hammerstein, Hamon, Handzlik, Hannan, Harangozó, Harbour, Harkin, Harms, Hassi, Hatzidakis, Haug, Hazan, Heaton-Harris, Hedh, Hedkvist Petersen, Hegyi, Helmer, Henin, Hennicot-Schoepges, Hennis-Plasschaert, Herczog, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Holm, Honeyball, Hoppenstedt, Horáček, Howitt, Hudacký, Hudghton, Hughes, Hutchinson, Ibrisagic, in 't Veld, Isler Béguin, Itälä, Iturgaiz Angulo, Jackson, Jäätteenmäki, Jałowiecki, Janowski, Járóka, Jarzembowski, Jeggle, Jensen, Joan i Marí, Jöns, Jørgensen, Jonckheer, Jordan Cizelj, Juknevičienė, Kaczmarek, Kallenbach, Kamall, Karas, Karatzaferis, Kasoulides, Kaufmann, Kauppi, Tunne Kelam, Kindermann, Kinnock, Kirkhope, Klamt, Klaß, Klich, Klinz, Knapman, Koch, Kohlíček, Konrad, Korhola, Kósáné Kovács, Koterec, Kozlík, Krahmer, Krarup, Kratsa-Tsagaropoulou, Krehl, Kreissl-Dörfler, Kristovskis, Krupa, Kuc, Kudrycka, Kuhne, Kułakowski, Kušķis, Kusstatscher, Kuźmiuk, Lagendijk, Laignel, Lamassoure, Lambert, Lambrinidis, Lambsdorff, Landsbergis, Lang, Langen, Langendries, Laperrouze, La Russa, Lauk, Lavarra, Lax, Lechner, Le Foll, Lehideux, Lehne, Lehtinen, Leichtfried, Leinen, Marine Le Pen, Le Rachinel, Lévai, Lewandowski, Liberadzki, Libicki, Lichtenberger, Liese, Liotard, Lipietz, Locatelli, Lombardo, López-Istúriz White, Losco, Louis, Lucas, Ludford, Lulling, Lundgren, Lynne, Maat, Maaten, McAvan, McCarthy, McDonald, McGuinness, McMillan-Scott, Madeira, Maldeikis, Manders, Maňka, Erika Mann, Thomas Mann, Manolakou, Mantovani, Marques, Martens, David Martin, Hans-Peter Martin, Martinez, Martínez Martínez, Masiel, Maštálka, Mastenbroek, Mathieu, Mato Adrover, Matsakis, Matsouka, Mauro, Mavrommatis, Mayer, Mayor Oreja, Medina Ortega, Meijer, Méndez de Vigo, Menéndez del Valle, Meyer Pleite, Miguélez Ramos, Mikolášik, Millán Mon, Mitchell, Mölzer, Mohácsi, Montoro Romero, Moreno Sánchez, Morgan, Morillon, Moscovici, Mote, Mulder, Musacchio, Muscardini, Muscat, Musotto, Mussolini, Musumeci, Napoletano, Nassauer, Nattrass, Navarro, Newton Dunn, Annemie Neyts-Uyttebroeck, Nicholson, Nicholson of Winterbourne, Niebler, van Nistelrooij, Novak, Obiols i Germà, Achille Occhetto, Öger, Özdemir, Olajos, Olbrycht, Ó Neachtain, Onesta, Oomen-Ruijten, Őry, Ouzký, Oviir, Paasilinna, Pack, Pafilis, Pahor, Paleckis, Panayotopoulos-Cassiotou, Panzeri, Papadimoulis, Papastamkos, Parish, Patriciello, Patrie, Peillon, Pęk, Alojz Peterle, Pflüger, Piecyk, Pieper, Pīks, Pinheiro, Pinior, Piotrowski, Pirker, Piskorski, Pittella, Pleguezuelos Aguilar, Pleštinská, Podestà, Podkański, Pöttering, Poignant, Polfer, Pomés Ruiz, Portas, Posdorf, Posselt, Prets, Prodi, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Ransdorf, Rapkay, Rasmussen, Remek, Resetarits, Reul, Reynaud, Ribeiro e Castro, Riera Madurell, Ries, Riis-Jørgensen, Rivera, Rizzo, Rocard, Rogalski, Roithová, Romagnoli, Romeva i Rueda, Rosati, Roszkowski, Roth-Behrendt, Rothe, Rouček, Roure, Rudi Ubeda, Rübig, Rühle, Rutowicz, Ryan, Sacconi, Saïfi, Sakalas, Saks, Salafranca Sánchez-Neyra, Salinas García, Samaras, Samuelsen, Sánchez Presedo, dos Santos, Sartori, Saryusz-Wolski, Savary, Savi, Sbarbati, Schaldemose, Schapira, Scheele, Schenardi, Schierhuber, Schlyter, Olle Schmidt, Schnellhardt, Schöpflin, Schroedter, Schulz, Schuth, Schwab, Seeber, Seeberg, Segelström, Seppänen, Siekierski, Sifunakis, Silva Peneda, Simpson, Sinnott, Siwiec, Skinner, Škottová, Smith, Sommer, Sonik, Sornosa Martínez, Sousa Pinto, Spautz, Staes, Staniszewska, Starkevičiūtė, Šťastný, Stauner, Sterckx, Stevenson, Stihler, Stockmann, Strejček, Strož, Stubb, Sturdy, Sudre, Sumberg, Surján, Susta, Svensson, Swoboda, Szájer, Szejna, Szent-Iványi, Szymański, Tabajdi, Tajani, Takkula, Tarabella, Tarand, Tatarella, Thomsen, Thyssen, Titley, Toia, Tomczak, Toubon, Trakatellis, Trautmann, Triantaphyllides, Trüpel, Turmes, Tzampazi, Ulmer, Väyrynen, Vaidere, Vakalis, Vanhecke, Van Hecke, Van Lancker, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vaugrenard, Veneto, Ventre, Veraldi, Vergnaud, Vernola, Vidal-Quadras, de Villiers, Vincenzi, Virrankoski, Vlasák, Vlasto, Voggenhuber, Wagenknecht, Wallis, Walter, Watson, Henri Weber, Manfred Weber, Weiler, Weisgerber, Westlund, Whittaker, Wieland, Wiersma, Wijkman, Willmott, Wise, von Wogau, Bernard Piotr Wojciechowski, Janusz Wojciechowski, Wortmann-Kool, Wurtz, Yañez-Barnuevo García, Záborská, Zahradil, Zaleski, Zapałowski, Zappalà, Zatloukal, Ždanoka, Železný, Zieleniec, Zīle, Zimmer, Zingaretti, Zvěřina, Zwiefka

Observers:

Athanasiu, Bărbuleţiu, Becşenescu, Buruiană-Aprodu, Cappone, Ciornei, Cioroianu, Coşea, Corina Creţu, Gabriela Creţu, Konstantin Dimitrov, Duca, Dumitrescu, Ganţ, Hogea, Ivanova, Kirilov, Kónya-Hamar, Marinescu, Mihăescu, Mihalache, Morţun, Parvanova, Paşcu, Podgorean, Popa, Popeangă, Sârbu, Severin, Silaghi, Sofianski, Stoyanov, Szabó, Ţicău, Vigenin

---

ANNEX I

RESULTS OF VOTES

Abbreviations and symbols

| + | adopted |
| --- | --- |
| - | rejected |
| ↓ | lapsed |
| W | withdrawn |
| RCV (..., ..., ...) | roll-call vote (in favour, against, abstentions) |
| EV (..., ..., ...) | electronic vote (in favour, against, abstentions) |
| split | split vote |
| sep | separate vote |
| am | amendment |
| CA | compromise amendment |
| CP | corresponding part |
| D | deleting amendment |
| = | identical amendments |
| § | paragraph |
| art | article |
| rec | recital |
| MOT | motion for a resolution |
| JT MOT | joint motion for a resolution |
| SEC | secret ballot |

+

adopted

-

rejected

↓

lapsed

W

withdrawn

RCV (..., ..., ...)

roll-call vote (in favour, against, abstentions)

EV (..., ..., ...)

electronic vote (in favour, against, abstentions)

split

split vote

sep

separate vote

am

amendment

CA

compromise amendment

CP

corresponding part

D

deleting amendment

=

identical amendments

§

paragraph

art

article

rec

recital

MOT

motion for a resolution

JT MOT

joint motion for a resolution

SEC

secret ballot

1.   European Chemicals Agency (REACH) ***II

Recommendation for second reading: (qualified majority)

Guido SACCONI (A6-0352/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Option 1 — Compromise package | 191 | PSE, PPE-DE, UEN, ALDE | RCV | + | 529, 98, 24 |
| Option 2 — Verts/ALE-GUE/NGL 1




  (see note below) | — | Verts/ALE, GUE/NGL | | ↓ | |
| Option 3 — Verts/ALE 2




  (see note below) | — | Verts/ALE, GUE/NGL | | ↓ | |
| Option 4 — Amendments by the committee responsible | 1-172 | Committee | | ↓ | |
| Nanoparticles


  block vote | 175
  177
  188 | Verts/ALE, GUE/NGL | RCV | - | 110, 539, 14 |
| Concentration reference articles


  block vote | 176
  178 | Verts/ALE, GUE/NGL | RCV | - | 94, 552, 13 |
| Article 1, after § 3 | 173 | Blokland et al | RCV | - | 96, 559, 5 |
| Article 7, § 6 | 179 | Verts/ALE, GUE/NGL | RCV | - | 109, 530, 20 |
| After Article 7 | 180 | Verts/ALE, GUE/NGL | RCV | - | 83, 542, 39 |
| Article 23, § 2 | 181 | Verts/ALE, GUE/NGL | | - | |
| Article 56,
  introductory part | 182 | Verts/ALE, GUE/NGL | | - | |
| Article 56, point (f) | 183 | Verts/ALE, GUE/NGL | RCV | - | 109, 529, 22 |
| Article 60, § 4 | 184 | Verts/ALE, GUE/NGL | RCV | - | 84, 531, 50 |
| Article 60, § 5 | 185 | Verts/ALE, GUE/NGL | RCV | - | 86, 527, 47 |
| Article 68, § 2 | 186 | Verts/ALE, GUE/NGL | RCV | - | 88, 529, 44 |
| Article 127, after § 1 | 187 | Verts/ALE, GUE/NGL | RCV | - | 121, 528, 13 |
| Annex I | 189 | Verts/ALE, GUE/NGL | RCV | - | 87, 551, 21 |
| Annex III | 190 | Verts/ALE, GUE/NGL | RCV | - | 110, 534, 21 |
| Annex XI | 174 | Le Foll et al | | ↓ | |
| Common position | Declared approved as amended |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Option 1 — Compromise package

191

PSE, PPE-DE, UEN, ALDE

RCV

+

529, 98, 24

Option 2 — Verts/ALE-GUE/NGL 1

(see note below)

—

Verts/ALE, GUE/NGL

↓

Option 3 — Verts/ALE 2

(see note below)

—

Verts/ALE, GUE/NGL

↓

Option 4 — Amendments by the committee responsible

1-172

Committee

↓

Nanoparticles

block vote

175

177

188

Verts/ALE, GUE/NGL

RCV

-

110, 539, 14

Concentration reference articles

block vote

176

178

Verts/ALE, GUE/NGL

RCV

-

94, 552, 13

Article 1, after § 3

173

Blokland et al

RCV

-

96, 559, 5

Article 7, § 6

179

Verts/ALE, GUE/NGL

RCV

-

109, 530, 20

After Article 7

180

Verts/ALE, GUE/NGL

RCV

-

83, 542, 39

Article 23, § 2

181

Verts/ALE, GUE/NGL

-

Article 56,

introductory part

182

Verts/ALE, GUE/NGL

-

Article 56, point (f)

183

Verts/ALE, GUE/NGL

RCV

-

109, 529, 22

Article 60, § 4

184

Verts/ALE, GUE/NGL

RCV

-

84, 531, 50

Article 60, § 5

185

Verts/ALE, GUE/NGL

RCV

-

86, 527, 47

Article 68, § 2

186

Verts/ALE, GUE/NGL

RCV

-

88, 529, 44

Article 127, after § 1

187

Verts/ALE, GUE/NGL

RCV

-

121, 528, 13

Annex I

189

Verts/ALE, GUE/NGL

RCV

-

87, 551, 21

Annex III

190

Verts/ALE, GUE/NGL

RCV

-

110, 534, 21

Annex XI

174

Le Foll et al

↓

Common position

Declared approved as amended

Option 2: Verts/ALE, GUE/NGL 1

Amendments 192 to 221 inclusive by the Verts/ALE and GUE/NGL Groups plus the following changes from the compromise package:

Animal welfare:
  recitals 1, 12a, 36, 43, 50 and 58a, Articles 1(1), 2(4) b), 13(1a), 29, 39(1a) and 116(2a) and (3)
  plus
  Amendments 43 and 168 by the Environment Committee

Comitology:
  recitals 72a and 110, Articles 13(2), 40(7), 57(1) and (8), 63(8), 67(1) and (2), 72, 130, 131, 132(3) a) and Annex XI point 3.3
  plus
  Amendment 160 by the Environment Committee

Option 3: Verts/ALE 2

Amendment 222 by the Verts/ALE and the GUE/NGL Group plus the whole consolidated text without the following changes: Article 3(35) and (36), Article 7(7) footnote, Article 9(7), Article 23(1) footnote, Article 25(3), Article 42(2) a) two footnotes, Article 43(2) footnote, Article 59(4a), Article 115 footnote, Article 117(2) b) and d), Article 117(3), Article 118, Article 137(6), (7) and (8) and Annex VIII point 8.4.2

Requests for roll-call votes

IND/DEM: am 173

Verts/ALE: option 1, ams 175/177/188, 176/178, 179, 180, 183, 184, 185, 186, 187, 189 and 190

2.   Amendment of Directive 67/548/EEC on dangerous substances (REACH) ***II

Recommendation for second reading: (qualified majority)

Guido SACCONI (A6-0345/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Common position | Declared approved |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Common position

Declared approved

3.   Inclusion of Bulgarian and Romanian among the languages of procedure for the Court of Justice *

Report: Giuseppe GARGANI (A6-0463/2006)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

4.   Inclusion of Bulgarian and Romanian among the languages of procedure for the Court of First Instance *

Report: Giuseppe GARGANI (A6-0462/2006)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

5.   European Year of Intercultural Dialogue (2008) ***II

Recommendation for second reading (qualified majority)

Erna HENNICOT-SCHOEPGES (A6-0435/2006)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| Common position | | Declared approved |

Subject

RCV, etc.

Vote

RCV/EV — remarks

Common position

Declared approved

6.   Financial Regulation applicable to the general budget of the European Communities *

Report: Ingeborg GRÄßLE (A6-0447/2006)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | RCV | + | 606, 28, 16 |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

RCV

+

606, 28, 16

Requests for roll-call votes

PPE-DE: final vote

7.   Draft amending budget No 6/2006

Report: (qualified majority)

Giovanni PITTELLA (A6-0444/2006)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

8.   Coordination of certain of the Member States' provisions on television broadcasting ***I

Report: Ruth HIERONYMI (A6-0399/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Proposal to reject the common position | 167 | IND/DEM | RCV | - | 71, 556, 11 |
| Text as a whole | | | | | oral amendment |
| Amendments by the committee responsible — block vote | 1-12
  14-18
  20-24
  26-37
  39
  41
  43-46
  49
  52-55
  57
  59
  63-68
  70-74
  77-78
  80-82
  84-85
  92-93
  97-100
  103-104
  108-110
  120-125
  133
  135-137
  143-147
  149-151 | Committee | | + | am 29 as an addition to am 20 |
| Amendments by the committee responsible — separate vote | 13 | Committee | sep/EV | + | 360, 277, 6 |
| 47 | Committee | sep | + | |
| 56 | Committee | sep | + | |
| 61 | Committee | sep | + | |
| 62 | Committee | split | | |
| 1 | + | |
| 2 | + | |
| 76 | Committee | | + | |
| 91 | Committee | split | | |
| 1 | + | |
| 2 | + | |
| 101 | Committee | sep/EV | + | 381, 256, 4 |
| 102 | Committee | sep | - | |
| 106 | Committee | sep | - | |
| 134 | Committee | split | | |
| 1 | + | |
| 2 | + | |
| 148 | Committee | split | | |
| 1 | + | |
| 2 | + | |
| Article 1, point (e) | 205 | ALDE | | + | |
| 69 | Committee | | ↓ | |
| Article 1, point (k) | 188=
  237= | GUE/NGL
  CHIESA et al | | - | |
| 75 | Committee | split | | |
| 1 | + | |
| 2 | + | |
| 3 | + | |
| Article 1, after point (k) | 172 | Verts/ALE | RCV | - | 276, 370, 9 |
| 204 | ALDE | EV | - | 289, 342, 13 |
| 79 | Committee | | + | |
| After Article 1 | 198=
  240= | GUE/NGL
  GRUBER et al | RCV | - | 270, 375, 13 |
| Article 2 | 168 | MIKKO et al | | - | |
| After Article 2 | 199 | ALDE | split | | |
| 1/RCV | + | 391, 248, 15 |
| 2 | - | |
| 215 | PPE-DE | | ↓ | |
| 83 | Committee | | ↓ | |
| Article 3, § 1 | 220 | PPE-DE, ALDE | RCV | + | 343, 302, 15 |
| 86 | Committee | | ↓ | |
| Article 3, after § 1 | 246 | PSE | | - | |
| Article 3, after § 1 | 221 | PPE-DE, ALDE | | + | |
| 152 | PSE | | ↓ | |
| 87 | Committee | | ↓ | |
| 153 | PSE | | - | |
| 222 | PPE-DE, ALDE | split | | |
| 1 | + | |
| 2 | + | |
| 88 | Committee | | ↓ | |
| 154 | PSE | | - | |
| 89 | Committee | | + | |
| 155 | PSE | | - | |
| 90 | Committee | | + | |
| Article 3b, § 1 | 183 | Verts/ALE | RCV | - | 208, 438, 13 |
| 223 | PPE-DE, ALDE | split | | |
| 1 | + | |
| 2 | + | |
| 94 | Committee | | ↓ | |
| Article 3b, § 2 | 206 | ALDE | | - | |
| 224 | PPE-DE, ALDE | split | | |
| 1 | + | |
| 2 | + | |
| 95 | Committee | | ↓ | |
| Article 3b, after § 2 | 207 | ALDE | EV | + | 369, 281, 8 |
| 96 | Committee | | ↓ | |
| Article 3d, after § 1 | 105 | Committee | EV | + | 591, 48, 16 |
| 160 | IND/DEM | | ↓ | |
| Article 3e | 107 | Committee | | + | |
| 187 | UEN | | - | |
| Article 3g, points (a)-(f) | 189=
  209=
  230= | GUE/NGL
  ALDE
  GUIDONI et al | split | | |
| 1/EV | + | 321, 318, 6 |
| 2 | - | |
| 3 | - | |
| 4 | - | |
| Article 3g, point (a) | 200 | ALDE | | + | |
| 111 | Committee | | ↓ | |
| Article 3g, after points (a) and (b) | 112 | Committee | | + | |
| 113 | Committee | | + | |
| Article 3g, point (c) | 114 | Committee | | + | |
| 186 | IND/DEM | | ↓ | |
| Article 3g, point (d) until (e) | 115 | Committee | | + | |
| 116 | Committee | sep | + | |
| 117 | Committee | | + | |
| Article 3g, point (f) | 118 | Committee | | - | |
| 225 | PPE-DE, ALDE | | + | |
| Article 3g, after point (f) | 190=
  233= | GUE/NGL
  GUIDONI et al | | - | |
| 226 | PPE-DE, ALDE | RCV | + | 325, 308, 24 |
| 177 | Verts/ALE | | ↓ | |
| 156 | PSE | | ↓ | |
| 119 | Committee | | ↓ | |
| Article 3h, § 1 | 238 | CHIESA et al | | - | |
| Article 3h, after § 1 | 174 | Verts/ALE | RCV | - | 123, 528, 4 |
| 191=
  235= | GUE/NGL
  CHIESA et al | | - | |
| 234 | CHIESA et al | | - | |
| 227 | PPE-DE, ALDE | split/RCV | | |
| 1 | + | 595, 52, 3 |
| 2 | + | 349, 290, 13 |
| 3 | + | 413, 222, 14 |
| 163 | IND/DEM | | ↓ | |
| 126
  128-130
  132 | Committee | | ↓ | |
| 127 | Committee | | ↓ | |
| 131 | Committee | | ↓ | |
| Article 3h, after § 2 | 175 | Verts/ALE | RCV | - | 263, 355, 11 |
| 239 | CHIESA et al | | - | |
| After Article 3h | 243 | PSE | | - | |
| Article 10, § 1 | 138 | Committee | | + | |
| 192 | GUE/NGL | | - | |
| Article 10, § 2 | 139 | Committee | EV | - | 305, 329, 10 |
| 176 | Verts/ALE | RCV | - | 281, 368, 6 |
| 157 | PSE | EV | - | 298, 334, 17 |
| Article 11, § 1 | 140 | Committee | | - | |
| 161 | IND/DEM | | - | |
| 228 | PPE-DE, ALDE | | + | |
| Article 11, § 2, subpara 1 | 193=
  236= | GUE/NGL
  GUIDONI et al | split/RCV | | |
| 1 | - | 265, 379, 12 |
| 2 | - | 126, 518, 13 |
| 162 | IND/DEM | RCV | - | 231, 392, 23 |
| 208cp | ALDE | RCV | + | 324, 323, 12 |
| 216 | PPE-DE | | ↓ | |
| 141 | Committee | | ↓ | |
| Article 11, § 2, subpara 2 | 208cp | ALDE | RCV | - | 120, 530, 9 |
| 185 | UEN | | - | |
| Article 11, after § 2 | 158=
  180= | PSE
  Verts/ALE | RCV | - | 276, 374, 12 |
| 194=
  232= | GUE/NGL
  GUIDONI et al | | - | |
| Article 15 | 169 | WESTLUND et al | RCV | - | 183, 428, 39 |
| Article 18, § 1 | 195/rev=
  244= | GUE/NGL
  PSE | | - | |
| 211 | ALDE | | - | |
| 231 | GUIDONI et al | | - | |
| Article 18, after § 1 | 196 | GUE/NGL | | - | |
| Article 18, § 2 | 166=
  179= | IND/DEM
  Verts/ALE | RCV | - | 139, 505, 13 |
| 202 | ALDE | | + | |
| 142 | Committee | | ↓ | |
| Article 18a | 178 | Verts/ALE | RCV | - | 285, 368, 7 |
| 229 | PPE-DE, ALDE | | + | |
| Article 23b | 182=
  197=
  242= | Verts/ALE
  GUE/NGL
  GRUBER et al | split/RCV | | |
| 1 | + | 327, 313, 14 |
| 2 | - | 270, 366, 14 |
| 201 | ALDE | split | | |
| 1 | + | |
| 2/EV | - | 320, 331, 8 |
| 3 | + | |
| After recital 3 | 210=
  241= | ALDE
  CHIESA et al | | - | |
| Recital 14 | 19 | Committee | | - | |
| 213 | PPE-DE | | + | |
| Recital 17 | 203 | ALDE | EV | - | 310, 324, 20 |
| 25 | Committee | | + | |
| Recital 27 | 218 | PPE-DE, ALDE | split | | |
| 1 | + | |
| 2 | + | |
| 184 | Verts/ALE | | ↓ | |
| 40 | Committee | | ↓ | |
| Recital 29 | 42 | Committee | | + | |
| 212 | ALDE | | - | |
| Recital 35 | 50 | Committee | | - | |
| 214 | PPE-DE | | + | |
| After recital 35 | 51 | Committee | | + | |
| 181 | Verts/ALE | | ↓ | |
| After recital 41 | 170 | Verts/ALE | RCV | - | 133, 513, 10 |
| Recital 42 | 58 | Committee | | + | |
| Recital 44 | § | original text | sep | + | |
| Recital 45 | 173 | Verts/ALE | RCV | - | 87, 558, 9 |
| Recital 46 | 171 | Verts/ALE | RCV | - | 88, 546, 12 |
| 219 | PPE-DE, ALDE | split | | |
| 1 | + | |
| 2/EV | - | 286, 349, 8 |
| 60 | Committee | | ↓ | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Proposal to reject the common position

167

IND/DEM

RCV

-

71, 556, 11

Text as a whole

oral amendment

Amendments by the committee responsible — block vote

1-12

14-18

20-24

26-37

39

41

43-46

49

52-55

57

59

63-68

70-74

77-78

80-82

84-85

92-93

97-100

103-104

108-110

120-125

133

135-137

143-147

149-151

Committee

+

am 29 as an addition to am 20

Amendments by the committee responsible — separate vote

13

Committee

sep/EV

+

360, 277, 6

47

Committee

sep

+

56

Committee

sep

+

61

Committee

sep

+

62

Committee

split

1

+

2

+

76

Committee

+

91

Committee

split

1

+

2

+

101

Committee

sep/EV

+

381, 256, 4

102

Committee

sep

-

106

Committee

sep

-

134

Committee

split

1

+

2

+

148

Committee

split

1

+

2

+

Article 1, point (e)

205

ALDE

+

69

Committee

↓

Article 1, point (k)

188=

237=

GUE/NGL

CHIESA et al

-

75

Committee

split

1

+

2

+

3

+

Article 1, after point (k)

172

Verts/ALE

RCV

-

276, 370, 9

204

ALDE

EV

-

289, 342, 13

79

Committee

+

After Article 1

198=

240=

GUE/NGL

GRUBER et al

RCV

-

270, 375, 13

Article 2

168

MIKKO et al

-

After Article 2

199

ALDE

split

1/RCV

+

391, 248, 15

2

-

215

PPE-DE

↓

83

Committee

↓

Article 3, § 1

220

PPE-DE, ALDE

RCV

+

343, 302, 15

86

Committee

↓

Article 3, after § 1

246

PSE

-

Article 3, after § 1

221

PPE-DE, ALDE

+

152

PSE

↓

87

Committee

↓

153

PSE

-

222

PPE-DE, ALDE

split

1

+

2

+

88

Committee

↓

154

PSE

-

89

Committee

+

155

PSE

-

90

Committee

+

Article 3b, § 1

183

Verts/ALE

RCV

-

208, 438, 13

223

PPE-DE, ALDE

split

1

+

2

+

94

Committee

↓

Article 3b, § 2

206

ALDE

-

224

PPE-DE, ALDE

split

1

+

2

+

95

Committee

↓

Article 3b, after § 2

207

ALDE

EV

+

369, 281, 8

96

Committee

↓

Article 3d, after § 1

105

Committee

EV

+

591, 48, 16

160

IND/DEM

↓

Article 3e

107

Committee

+

187

UEN

-

Article 3g, points (a)-(f)

189=

209=

230=

GUE/NGL

ALDE

GUIDONI et al

split

1/EV

+

321, 318, 6

2

-

3

-

4

-

Article 3g, point (a)

200

ALDE

+

111

Committee

↓

Article 3g, after points (a) and (b)

112

Committee

+

113

Committee

+

Article 3g, point (c)

114

Committee

+

186

IND/DEM

↓

Article 3g, point (d) until (e)

115

Committee

+

116

Committee

sep

+

117

Committee

+

Article 3g, point (f)

118

Committee

-

225

PPE-DE, ALDE

+

Article 3g, after point (f)

190=

233=

GUE/NGL

GUIDONI et al

-

226

PPE-DE, ALDE

RCV

+

325, 308, 24

177

Verts/ALE

↓

156

PSE

↓

119

Committee

↓

Article 3h, § 1

238

CHIESA et al

-

Article 3h, after § 1

174

Verts/ALE

RCV

-

123, 528, 4

191=

235=

GUE/NGL

CHIESA et al

-

234

CHIESA et al

-

227

PPE-DE, ALDE

split/RCV

1

+

595, 52, 3

2

+

349, 290, 13

3

+

413, 222, 14

163

IND/DEM

↓

126

128-130

132

Committee

↓

127

Committee

↓

131

Committee

↓

Article 3h, after § 2

175

Verts/ALE

RCV

-

263, 355, 11

239

CHIESA et al

-

After Article 3h

243

PSE

-

Article 10, § 1

138

Committee

+

192

GUE/NGL

-

Article 10, § 2

139

Committee

EV

-

305, 329, 10

176

Verts/ALE

RCV

-

281, 368, 6

157

PSE

EV

-

298, 334, 17

Article 11, § 1

140

Committee

-

161

IND/DEM

-

228

PPE-DE, ALDE

+

Article 11, § 2, subpara 1

193=

236=

GUE/NGL

GUIDONI et al

split/RCV

1

-

265, 379, 12

2

-

126, 518, 13

162

IND/DEM

RCV

-

231, 392, 23

208cp

ALDE

RCV

+

324, 323, 12

216

PPE-DE

↓

141

Committee

↓

Article 11, § 2, subpara 2

208cp

ALDE

RCV

-

120, 530, 9

185

UEN

-

Article 11, after § 2

158=

180=

PSE

Verts/ALE

RCV

-

276, 374, 12

194=

232=

GUE/NGL

GUIDONI et al

-

Article 15

169

WESTLUND et al

RCV

-

183, 428, 39

Article 18, § 1

195/rev=

244=

GUE/NGL

PSE

-

211

ALDE

-

231

GUIDONI et al

-

Article 18, after § 1

196

GUE/NGL

-

Article 18, § 2

166=

179=

IND/DEM

Verts/ALE

RCV

-

139, 505, 13

202

ALDE

+

142

Committee

↓

Article 18a

178

Verts/ALE

RCV

-

285, 368, 7

229

PPE-DE, ALDE

+

Article 23b

182=

197=

242=

Verts/ALE

GUE/NGL

GRUBER et al

split/RCV

1

+

327, 313, 14

2

-

270, 366, 14

201

ALDE

split

1

+

2/EV

-

320, 331, 8

3

+

After recital 3

210=

241=

ALDE

CHIESA et al

-

Recital 14

19

Committee

-

213

PPE-DE

+

Recital 17

203

ALDE

EV

-

310, 324, 20

25

Committee

+

Recital 27

218

PPE-DE, ALDE

split

1

+

2

+

184

Verts/ALE

↓

40

Committee

↓

Recital 29

42

Committee

+

212

ALDE

-

Recital 35

50

Committee

-

214

PPE-DE

+

After recital 35

51

Committee

+

181

Verts/ALE

↓

After recital 41

170

Verts/ALE

RCV

-

133, 513, 10

Recital 42

58

Committee

+

Recital 44

§

original text

sep

+

Recital 45

173

Verts/ALE

RCV

-

87, 558, 9

Recital 46

171

Verts/ALE

RCV

-

88, 546, 12

219

PPE-DE, ALDE

split

1

+

2/EV

-

286, 349, 8

60

Committee

↓

vote: amended proposal

+

vote: legislative resolution

+

Amendments 38 and 48 did not concern all language versions and were therefore not put to the vote (Rule 151(1)(d)).

Requests for roll-call votes

IND/DEM: ams 167 and 208

Verts/ALE: ams 141, 162, 169, 171, 172, 173, 174, 175, 176, 178, 179, 180, 182, 183, 193, 216, 220, 226, 227 and 236

GUE/NGL: ams 198, 193 and 197

PPE-DE: ams 199 first part, 162, 208, 216

ALDE: am 208 second part

Requests for split votes

Verts/ALE, ALDE

am 75

First part: text as a whole without the words ‘or without’ and ‘to the media service provider’

Second part:‘or without’

Third part:‘to the media service provider’

PSE, ALDE

am 227

First part: text as a whole without the words ‘unless Member States decide otherwise’ and ‘and by a signal at least every 20 minutes during the programme’

Second part:‘unless Member States decide otherwise’

Third part:‘and by a signal at least every 20 minutes during the programme’

IND/DEM

am 91

First part: text as a whole without the word ‘or’

Second part: that word

Verts/ALE

am 62

First part: text as a whole without the words ‘or product placement’

Second part: those words

am 134

First part: paragraph 1

Second part: paragraph 2

am 218

First part: text as a whole without the words ‘The right to transfrontier ... accordingly’

Second part: those words

am 223

First part: text as a whole without the words ‘and without undermining exclusive rights’

Second part: those words

am 224

First part: text as a whole without the word ‘general’

Second part: that word

PSE

am 193

First part: text as a whole without the words ‘concerts, theatre plays, operas’

Second part: those words

PPE-DE

am 148

First part:‘1a. Member States shall ... that Directive’

Second part: remainder

am 199

First part:‘(ba) The following paragraph ... case is urgent.’

Second part: remainder

am 201

First part:‘(20a) The following Article ... promote measures’

Second part:‘in particular when ... or authorisations’

Third part: remainder

am 222

First part: text as a whole without the word ‘solely’

Second part: that word

ALDE

am 182/197/242

First part:‘The Member States ... broadcasting system.’

Second part: remainder

am 189/209/230

First part: Text as a whole without a), c) point i) and f)

Second part: a)

Third part: c) point i)

Fourth part: f)

am 219

First part:‘Product placement ... they are introduced’

Second part: remainder

Requests for separate votes

Verts/ALE: am 56

PSE: recital 44

PPE-DE: ams 13, 47, 101, 102, 105, 106

ALDE: ams 61, 76, 116, 134

Miscellaneous

Amendments 164 and 165 had been cancelled.

Amendments 159, 217 and 245 had been withdrawn.

The PPE-DE Group had accepted amendment 29 as an addition to amendment 20.

The rapporteur proposed replacing ‘production aid’ by ‘production props’ throughout the text.

9.   Establishing the European Globalisation adjustment Fund ***I

Report: Roselyne BACHELOT-NARQUIN (A6-0385/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Block 1 —




  compromise | 6-9
  15
  21
  23
  25
  28-29
  33
  36
  40
  43
  48-49
  51-52
  69-76
  78
  80-85
  87-89
  91-95 | Committee | | + | |
| Block —




  amendments by the committee responsible | 1-5
  10-14
  16-20
  22
  24
  26-27
  31-32
  34-35
  37-38
  41-42
  44
  46-47
  50
  53-56 | Committee | | ↓ | |
| Article 2, introductory part | 57 + 58 | GUE/NGL | | - | |
| 77 | Committee | | + | |
| Article 3, point (a) | 59 | GUE/NGL | | - | |
| 79 | Committee | | + | |
| Article 5, § 5 | 60 | GUE/NGL | | - | |
| 86 | Committee | | + | |
| Article 10 | 62 | PPE-DE | | W | |
| 61 | GUE/NGL | | - | |
| 39 | Committee | | + | |
| After Article 11 | 63 | PPE-DE | | W | |
| Article 12, title | 64 | PPE-DE | | W | |
| Article 12, §§ 1 and 2 | 90 | Committee | | + | |
| 65 | PPE-DE | | W | |
| 66 | PPE-DE | | W | |
| Article 13, § 1 | 67 | PPE-DE | | W | |
| 45 | Committee | | + | |
| Article 16, § 1, after indent 1 | 68 | PPE-DE | | W | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Block 1 —

compromise

6-9

15

21

23

25

28-29

33

36

40

43

48-49

51-52

69-76

78

80-85

87-89

91-95

Committee

+

Block —

amendments by the committee responsible

1-5

10-14

16-20

22

24

26-27

31-32

34-35

37-38

41-42

44

46-47

50

53-56

Committee

↓

Article 2, introductory part

57 + 58

GUE/NGL

-

77

Committee

+

Article 3, point (a)

59

GUE/NGL

-

79

Committee

+

Article 5, § 5

60

GUE/NGL

-

86

Committee

+

Article 10

62

PPE-DE

W

61

GUE/NGL

-

39

Committee

+

After Article 11

63

PPE-DE

W

Article 12, title

64

PPE-DE

W

Article 12, §§ 1 and 2

90

Committee

+

65

PPE-DE

W

66

PPE-DE

W

Article 13, § 1

67

PPE-DE

W

45

Committee

+

Article 16, § 1, after indent 1

68

PPE-DE

W

vote: amended proposal

+

vote: legislative resolution

+

Amendment 30 did not concern all language versions and was therefore not put to the vote (Rule 151(1)(d)).

Amendment 96 had been cancelled.

10.   Type approval of motor vehicles with respect to emissions and access to vehicle repair information ***I

Report: Matthias GROOTE (A6-0301/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Block 1 —




  compromise package | 63-72
  74-90
  92
  94-115
  117
  119-129
  131-133 | PSE, PPE-DE, ALDE, GUE/NGL, Verts/ALE, UEN | RCV | + | 621, 10, 10 |
| Block 1 —




  compromise package —




  separate vote | 73 | PSE, PPE-DE, ALDE, GUE/NGL, Verts/ALE, UEN | RCV | + | 545, 78, 9 |
| 118 | PSE, PPE-DE, ALDE, GUE/NGL, Verts/ALE, UEN | split/RCV | | |
| 1 | + | 619, 19, 7 |
| 2 | + | 520, 103, 10 |
| Block 2 | 1-47
  49-58 | Committee | | ↓ | |
| Article 3, after point 1a | 60 | Verts/ALE, GUE/NGL | RCV | - | 136, 496, 6 |
| 91 | PSE, PPE-DE, ALDE, UEN | RCV | + | 520, 107, 11 |
| Article 9 | 61 | Verts/ALE, GUE/NGL | | - | |
| 116 | PSE, PPE-DE, ALDE, UEN | RCV | + | 552, 83, 5 |
| After Article 9 | 59 | IND/DEM | RCV | - | 111, 517, 13 |
| Annex I | 62 | Verts/ALE, GUE/NGL | | - | |
| 130 | PSE, PPE-DE, ALDE, UEN | RCV | + | 546, 93, 10 |
| vote: amended proposal | RCV | + | 537, 88, 12 |
| vote: legislative resolution | RCV | + | 540, 87, 9 |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Block 1 —

compromise package

63-72

74-90

92

94-115

117

119-129

131-133

PSE, PPE-DE, ALDE, GUE/NGL, Verts/ALE, UEN

RCV

+

621, 10, 10

Block 1 —

compromise package —

separate vote

73

PSE, PPE-DE, ALDE, GUE/NGL, Verts/ALE, UEN

RCV

+

545, 78, 9

118

PSE, PPE-DE, ALDE, GUE/NGL, Verts/ALE, UEN

split/RCV

1

+

619, 19, 7

2

+

520, 103, 10

Block 2

1-47

49-58

Committee

↓

Article 3, after point 1a

60

Verts/ALE, GUE/NGL

RCV

-

136, 496, 6

91

PSE, PPE-DE, ALDE, UEN

RCV

+

520, 107, 11

Article 9

61

Verts/ALE, GUE/NGL

-

116

PSE, PPE-DE, ALDE, UEN

RCV

+

552, 83, 5

After Article 9

59

IND/DEM

RCV

-

111, 517, 13

Annex I

62

Verts/ALE, GUE/NGL

-

130

PSE, PPE-DE, ALDE, UEN

RCV

+

546, 93, 10

vote: amended proposal

RCV

+

537, 88, 12

vote: legislative resolution

RCV

+

540, 87, 9

Amendments 48 and 93 did not concern all language versions and were therefore not put to the vote (Rule 151(1)(d)).

Requests for split votes

Verts/ALE

am 118

First part: text as a whole without the words ‘from the dates set out in Article 9(3)’

Second part: those words

Requests for separate votes

Verts/ALE: am 73

Requests for roll-call votes

Verts/ALE: ams 60 and 91

IND/DEM: am 59

PSE: block 1, ams 91, 116 and 130, amended proposal and final vote

11.   Financial contributions to the International Fund for Ireland (2007-2010) *

Report: Jim HIGGINS (A6-0432/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Amendment by the committee responsible | 1 | Committee | RCV | + | 419, 121, 12 |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Amendment by the committee responsible

1

Committee

RCV

+

419, 121, 12

vote: amended proposal

+

vote: legislative resolution

+

Requests for separate votes

ALDE: am 1

Requests for roll-call votes

GUE/NGL: am 1

12.   Banana sector *

Report: Jean-Claude FRUTEAU (A6-0422/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Amendments by the committee responsible — block vote | 1-9
  11-23
  25-26 | Committee | | + | |
| Amendments by the committee responsible — separate vote | 10 | Committee | RCV | + | 514, 92, 11 |
| Article 3, § 3 (Article 30) | 27 | GUE/NGL | EV | + | 412, 177, 5 |
| 24 | Committee | | ↓ | |
| After Article 4 | 28 | GUE/NGL | | + | |
| Article 5, § 2 | 29 | GUE/NGL | | - | |
| Annex, point 3 (Annex VII, letter L, § 1, indent 1) | 30 | GUE/NGL | | - | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Amendments by the committee responsible — block vote

1-9

11-23

25-26

Committee

+

Amendments by the committee responsible — separate vote

10

Committee

RCV

+

514, 92, 11

Article 3, § 3 (Article 30)

27

GUE/NGL

EV

+

412, 177, 5

24

Committee

↓

After Article 4

28

GUE/NGL

+

Article 5, § 2

29

GUE/NGL

-

Annex, point 3 (Annex VII, letter L, § 1, indent 1)

30

GUE/NGL

-

vote: amended proposal

+

vote: legislative resolution

+

Requests for roll-call votes

GUE/NGL: am 10

13.   VAT arrangements for radio and television broadcasting and other services *

Report: Zsolt László BECSEY (A6-0440/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Article 4 | 2 | PPE-DE | | + | |
| 1 | Committee | | ↓ | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Article 4

2

PPE-DE

+

1

Committee

↓

vote: amended proposal

+

vote: legislative resolution

+

14.   Legislative and work programme of the Commission for 2007

Motions for resolutions: B6-0630/2006, B6-0634/2006, B6-0635/2006, B6-0637/2006/rev, B6-0640/2006, B6-0642/2006

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Motions for resolutions by political groups |
| B6-0630/2006 | | Verts/ALE | | - | |
| Joint motion for a resolution RC-B6-0634/2006/rev.




  (PPE-DE, PSE, ALDE, UEN) |
| § 4 | § | original text | split | | |
| 1 | + | |
| 2/EV | + | 467, 123, 7 |
| § 21 | § | original text | split | | |
| 1 | + | |
| 2 | + | |
| vote: resolution (as a whole) | | + | |
| Motions for resolutions by political groups |
| B6-0634/2006 | | ALDE | | ↓ | |
| B6-0635/2006 | | UEN | | ↓ | |
| B6-0640/2006 | | PPE-DE | | ↓ | |
| B6-0642/2006 | | PSE | | ↓ | |
| B6-0637/2006 | | GUE/NGL | | ↓ | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Motions for resolutions by political groups

B6-0630/2006

Verts/ALE

-

Joint motion for a resolution RC-B6-0634/2006/rev.

(PPE-DE, PSE, ALDE, UEN)

§ 4

§

original text

split

1

+

2/EV

+

467, 123, 7

§ 21

§

original text

split

1

+

2

+

vote: resolution (as a whole)

+

Motions for resolutions by political groups

B6-0634/2006

ALDE

↓

B6-0635/2006

UEN

↓

B6-0640/2006

PPE-DE

↓

B6-0642/2006

PSE

↓

B6-0637/2006

GUE/NGL

↓

Requests for split votes

ALDE

§ 4

First part: text as a whole without the words ‘protection of atypical workers’

Second part: those words

§ 21

First part: text as a whole without the words ‘protection of atypical workers’

Second part: those words

Miscellaneous

The Verts/ALE Group had withdrawn its signature from the joint motion for a resolution.

Konrad Szymański had also signed the joint motion for a resolution on behalf of the UEN Group.

15.   Russia-EU Summit

Motions for resolutions: B6-0631/2006, B6-0633/2006, B6-0636/2006, B6-0638/2006, B6-0639/2006, B6-0641/2006

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Joint motion for a resolution RC-B6-0631/2006




  (PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL, UEN) |
| §§ 3 and 4 | - | original text | | + | Switching order of paragraphs |
| § 6 | 5 | UEN | EV | + | 309, 276, 8 |
| § 11 | 6 | UEN | split | | |
| 1/EV | - | 289, 297, 5 |
| 2 | - | |
| 9 | PPE-DE | EV | - | 282, 302, 13 |
| After § 11 | 8 | UEN | EV | + | 444, 106, 33 |
| § 12 | 3 | ALDE | | - | |
| After § 12 | 1 | Verts/ALE | | + | |
| After § 13 | 4 | ALDE | | + | |
| After § 16 | 7 | UEN | | + | |
| vote: resolution (as a whole) | | + | |
| Motions for resolutions by political groups |
| B6-0631/2006 | | Verts/ALE | | ↓ | |
| B6-0633/2006 | | PPE-DE | | ↓ | |
| B6-0636/2006/rev | | UEN | | ↓ | |
| B6-0638/2006 | | GUE/NGL | | ↓ | |
| B6-0639/2006 | | ALDE | | ↓ | |
| B6-0641/2006 | | PSE | | ↓ | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Joint motion for a resolution RC-B6-0631/2006

(PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL, UEN)

§§ 3 and 4

-

original text

+

Switching order of paragraphs

§ 6

5

UEN

EV

+

309, 276, 8

§ 11

6

UEN

split

1/EV

-

289, 297, 5

2

-

9

PPE-DE

EV

-

282, 302, 13

After § 11

8

UEN

EV

+

444, 106, 33

§ 12

3

ALDE

-

After § 12

1

Verts/ALE

+

After § 13

4

ALDE

+

After § 16

7

UEN

+

vote: resolution (as a whole)

+

Motions for resolutions by political groups

B6-0631/2006

Verts/ALE

↓

B6-0633/2006

PPE-DE

↓

B6-0636/2006/rev

UEN

↓

B6-0638/2006

GUE/NGL

↓

B6-0639/2006

ALDE

↓

B6-0641/2006

PSE

↓

Amendment 2 had been cancelled.

Requests for split votes

UEN

am 6

First part: text as a whole without the words ‘not excluding retaliatory steps’

Second part: those words

Miscellaneous

Motion for a resolution B6-0636/2006/rev. had been signed on behalf of the UEN Group by Ryszard Czarnecki, not Marek Aleksander Czarnecki.

The ALDE Group had proposed switching the order of paragraphs 3 and 4.

16.   Implementation of Directive 85/611/EEC (undertakings for collective investment in transferable securities)

Motion for a resolution: B6-0643/2006

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Motion for a resolution B6-0643/2006




  (ECON Committee) |
| vote: resolution (as a whole) | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Motion for a resolution B6-0643/2006

(ECON Committee)

vote: resolution (as a whole)

+

17.   Enlargement Strategy and Main Challenges 2006-2007

Report: Elmar BROK (A6-0436/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 1 | 12/rev | Verts/ALE | | + | |
| § 2 | 22 | PPE-DE | EV | - | 273, 305, 14 |
| § 6 | 3D | ALDE | | - | |
| § 7 | 4D | ALDE | | - | |
| § 11 | 29 | PSE | | + | oral amendment |
| 20 | PPE-DE | | ↓ | |
| § 13 | 5D | ALDE | | - | |
| § 14 | 23 | PPE-DE | | - | |
| § | original text | RCV | + | 476, 75, 37 |
| § 15 | § | original text | split | | |
| 1 | + | |
| 2 | + | |
| 3 | + | |
| § 16 | § | original text | sep | + | |
| § 22 | 24 | PPE-DE | | + | |
| § 25 | § | original text | sep | + | |
| § 26 | 30 | PSE | | + | |
| § 27 | 6 | ALDE | | + | |
| § 28 | 7 | ALDE | | + | |
| § 29 | § | original text | RCV | + | 543, 28, 22 |
| § 30 | 15 | GUE/NGL | EV | - | 282, 288, 10 |
| After § 30 | 16 | PSE | | + | oral amendment |
| § 31 | 13/rev | Verts/ALE | | ↓ | |
| 8 | ALDE | | ↓ | |
| 17 | PSE | | + | oral amendment |
| 25 | PPE-DE | | ↓ | |
| After § 31 | 18 | PPE-DE | EV | + | 290, 263, 18 |
| After § 32 | 9 | ALDE | split | | |
| 1 | + | |
| 2/EV | - | 260, 315, 11 |
| § 39 | 14/rev | Verts/ALE | split | | |
| 1 | + | |
| 2 | - | |
| § 40 | 11 | PPE-DE | | + | |
| § 43 | § | original text | sep | + | |
| After citation 2 | 1 | ALDE | | + | |
| Recital A | § | original text | sep | + | |
| After recital C | 2 | ALDE | EV | + | 304, 254, 32 |
| Recital D | § | original text | sep | + | |
| After recital D | 21 | PPE-DE | | - | |
| Recital F | 26 | PPE-DE | | + | |
| 27 | PSE | | ↓ | |
| 19 | PPE-DE | | + | |
| Recital K | 28S | PSE | EV | - | 280, 294, 10 |
| vote: resolution (as a whole) | RCV | + | 481, 66, 38 |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 1

12/rev

Verts/ALE

+

§ 2

22

PPE-DE

EV

-

273, 305, 14

§ 6

3D

ALDE

-

§ 7

4D

ALDE

-

§ 11

29

PSE

+

oral amendment

20

PPE-DE

↓

§ 13

5D

ALDE

-

§ 14

23

PPE-DE

-

§

original text

RCV

+

476, 75, 37

§ 15

§

original text

split

1

+

2

+

3

+

§ 16

§

original text

sep

+

§ 22

24

PPE-DE

+

§ 25

§

original text

sep

+

§ 26

30

PSE

+

§ 27

6

ALDE

+

§ 28

7

ALDE

+

§ 29

§

original text

RCV

+

543, 28, 22

§ 30

15

GUE/NGL

EV

-

282, 288, 10

After § 30

16

PSE

+

oral amendment

§ 31

13/rev

Verts/ALE

↓

8

ALDE

↓

17

PSE

+

oral amendment

25

PPE-DE

↓

After § 31

18

PPE-DE

EV

+

290, 263, 18

After § 32

9

ALDE

split

1

+

2/EV

-

260, 315, 11

§ 39

14/rev

Verts/ALE

split

1

+

2

-

§ 40

11

PPE-DE

+

§ 43

§

original text

sep

+

After citation 2

1

ALDE

+

Recital A

§

original text

sep

+

After recital C

2

ALDE

EV

+

304, 254, 32

Recital D

§

original text

sep

+

After recital D

21

PPE-DE

-

Recital F

26

PPE-DE

+

27

PSE

↓

19

PPE-DE

+

Recital K

28S

PSE

EV

-

280, 294, 10

vote: resolution (as a whole)

RCV

+

481, 66, 38

Amendment 10 had been withdrawn.

Requests for roll-call votes

IND/DEM: § 14 and final vote

UEN: § 29

Requests for split votes

PSE

§ 15

First part:‘Therefore urges ... democratically’

Second part:‘necessary’

Third part:‘pre-requisite ... enlargements;’ without the word ‘necessary’

PPE-DE

am 14/rev.

First part: text as a whole without the words ‘thereby excluding Turkey and the Western Balkans’

Second part: those words

am 9

First part:‘Recalls that, during ... to all accession countries,’

Second part: remainder

Requests for separate votes

PSE: § 43 and recital D

PPE-DE: recital A, §§ 11, 15, 16 and 25

Miscellaneous

Amendments 1 and 2 referred to the Thessaloniki Summit in 2003.

Elmar Brok moved an oral amendment to amendment 29, which now read as follows:

| ‘11. | Considers that the Union's proper functioning rests on the unqualified adherence of all its members to the universal values that underlie the EU as a political project: the inalienable and inviolable rights of the human person, freedom, democracy, equality and the rule of law which make up the European identity;’ |
| --- | --- |

‘11.

Considers that the Union's proper functioning rests on the unqualified adherence of all its members to the universal values that underlie the EU as a political project: the inalienable and inviolable rights of the human person, freedom, democracy, equality and the rule of law which make up the European identity;’

Elmar Brok moved an oral amendment to amendment 16, which now read as follows:

| ‘30a. | Stresses that the Turkish refusal to fully comply with the terms of the Additional Protocol is seriously endangering the good progress of the accession negotiations; points out that the Council decision not to open the negotiations on eight important chapters covering policy areas relevant to Turkey's restrictions as regards the Republic of Cyprus and not to close provisionally any chapters is an unavoidable consequence of Turkey's position on this issue; urges Turkey to cooperate in a constructive way to ensure full implementation of the Additional Protocol as soon as possible; welcomes in this respect the invitation addressed to the Commission to submit yearly reports on progress made in addressing the issues covered by the EU declaration of 21 September 2005;’ |
| --- | --- |

‘30a.

Stresses that the Turkish refusal to fully comply with the terms of the Additional Protocol is seriously endangering the good progress of the accession negotiations; points out that the Council decision not to open the negotiations on eight important chapters covering policy areas relevant to Turkey's restrictions as regards the Republic of Cyprus and not to close provisionally any chapters is an unavoidable consequence of Turkey's position on this issue; urges Turkey to cooperate in a constructive way to ensure full implementation of the Additional Protocol as soon as possible; welcomes in this respect the invitation addressed to the Commission to submit yearly reports on progress made in addressing the issues covered by the EU declaration of 21 September 2005;’

Giorgos Dimitrakopoulos moved an oral amendment to amendment 17, which now read as follows:

| ‘31. | Sincerely deplores the fact that the efforts of the Finnish Presidency to find a solution to the current stalemate regarding the full implementation of the Additional Protocol on the one hand and further alleviating the isolation of Turkish Cypriots who live in the northern part of the island on the other hand were not successful; calls on the German Presidency to continue these efforts with determination;’ |
| --- | --- |

‘31.

Sincerely deplores the fact that the efforts of the Finnish Presidency to find a solution to the current stalemate regarding the full implementation of the Additional Protocol on the one hand and further alleviating the isolation of Turkish Cypriots who live in the northern part of the island on the other hand were not successful; calls on the German Presidency to continue these efforts with determination;’

Joost Lagendijk also moved an oral amendment to amendment 17 to include the words

‘in close cooperation with renewed UN efforts’.

The PPE-DE Group had agreed to amendment 29 as an addition.

18.   The institutional aspects of the European Union's capacity to integrate new Member States

Report: Alexander STUBB (A6-0393/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 8 | 3D | Verts/ALE | | - | |
| § 9, introductory part | 5 | PSE | split | | |
| 1 | - | |
| 2 | - | |
| § 9(b) | § | original text | RCV | + | 438, 107, 25 |
| § 9(c) | § | original text | RCV | + | 451, 76, 30 |
| § 9(e) | § | original text | RCV | + | 455, 95, 20 |
| § 9(f) | § | original text | RCV | + | 456, 79, 36 |
| § 9(g) | § | original text | RCV | + | 445, 104, 22 |
| § 9(h) | § | original text | RCV | + | 439, 107, 22 |
| After § 9 | 4 | Verts/ALE | RCV | - | 93, 472, 18 |
| § 10, (c) | 8 | PSE | | + | |
| § 14 | 6 | PSE | | + | |
| 1 | Verts/ALE | | ↓ | |
| § 18 | § | original text | RCV | + | 393, 130, 38 |
| Recital L | 2 | Verts/ALE | | - | |
| 7 | PSE | | + | |
| vote: resolution (as a whole) | RCV | + | 398, 99, 36 |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 8

3D

Verts/ALE

-

§ 9, introductory part

5

PSE

split

1

-

2

-

§ 9(b)

§

original text

original text

RCV

+

438, 107, 25

§ 9(c)

§

original text

original text

RCV

+

451, 76, 30

§ 9(e)

§

original text

original text

RCV

+

455, 95, 20

§ 9(f)

§

original text

original text

RCV

+

456, 79, 36

§ 9(g)

§

original text

original text

RCV

+

445, 104, 22

§ 9(h)

§

original text

original text

RCV

+

439, 107, 22

After § 9

4

Verts/ALE

RCV

-

93, 472, 18

§ 10, (c)

8

PSE

+

§ 14

6

PSE

+

1

Verts/ALE

↓

§ 18

§

original text

original text

RCV

+

393, 130, 38

Recital L

2

Verts/ALE

-

7

PSE

+

vote: resolution (as a whole)

vote: resolution (as a whole)

RCV

+

398, 99, 36

Requests for roll-call votes

Requests for roll-call votes

IND/DEM: §§ 9(b), 9(c), 9(e), 9(f), 9(g), 9(h) and final vote

Verts/ALE: am 4

Kirkhope et al: § 18 and final vote

ALDE: final vote

Requests for split votes

Requests for split votes

PSE

am 5

First part: text as a whole without the word ‘further’

First part:

Second part: that word

Second part:

Miscellaneous

Miscellaneous

Pervenche Berès had also signed amendment 7.

---

ANNEX II

RESULT OF ROLL-CALL VOTES

1.   Recommendation: Sacconi A6-0352/2006

Option 1

For: 529

ALDE: Andrejevs, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Chatzimarkakis, Cocilovo, Costa, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Piskorski, Polfer, Prodi, Resetarits, Riis-Jørgensen, Samuelsen, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

IND/DEM: Belder, Blokland, Sinnott, Tomczak

NI: Allister, Battilocchio, Belohorská, Chruszcz, Claeys, De Michelis, Dillen, Giertych, Mölzer, Mussolini, Rivera, Romagnoli, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Ventre, Vernola, Vidal-Quadras, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zatloukal, Zieleniec, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, 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, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Hegyi, Herczog, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Against: 98

ALDE: Ries

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Batten, Bonde, Booth, Clark, Farage, Goudin, Knapman, Lundgren, Nattrass, Whittaker, Wise, Železný

NI: Bobošíková, Martin Hans-Peter

PPE-DE: Cabrnoch, Duchoň, Hybášková, Langendries, Ouzký, Škottová, Strejček, Vlasák, Zahradil, Zvěřina

UEN: Borghezio

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Abstention: 24

ALDE: Ek, Oviir, Savi

GUE/NGL: Ransdorf

IND/DEM: Coûteaux, Karatzaferis, Krupa, Louis, de Villiers

NI: Baco, Gollnisch, Kozlík, Lang, Le Pen Marine, Le Rachinel, Martinez, Mote, Schenardi

PPE-DE: Grosch, Konrad, Lauk, Pieper, Reul

Verts/ALE: van Buitenen

Corrections to votes

For

Alfonso Andria, Pierre Moscovici, Jules Maaten, Mary Honeyball, Maria Carlshamre

Abstention

Pedro Guerreiro, Ilda Figueiredo

2.   Recommendation: Sacconi A6-0352/2006

Amendments 175 + 177 + 188

For: 110

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Bonde, Coûteaux, Goudin, Louis, Lundgren, Sinnott, de Villiers

NI: Martin Hans-Peter

PSE: Arif, Berès, Bono, Bourzai, Carlotti, Castex, Cercas, Correia, Cottigny, Désir, Douay, Ferreira Anne, Fruteau, Hamon, Hazan, Hedh, Laignel, Le Foll, Navarro, Öger, Patrie, Peillon, Poignant, Reynaud, Roure, Saks, Savary, Trautmann, Vaugrenard, Vergnaud

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 539

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Chatzimarkakis, Cocilovo, Costa, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Piskorski, Polfer, Resetarits, Ries, Riis-Jørgensen, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

GUE/NGL: Ransdorf

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Clark, Farage, Knapman, Krupa, Nattrass, Tomczak, Whittaker, Wise, Železný

NI: Allister, Baco, Battilocchio, Belohorská, Bobošíková, Chruszcz, De Michelis, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez, Mölzer, Mote, Mussolini, Rivera, Romagnoli, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, van den Berg, Berger, Berlinguer, Berman, Bösch, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carnero González, Casaca, Cashman, Chiesa, Christensen, Corbett, Corbey, De Keyser, De Rossa, De Vits, Díez González, Dobolyi, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Haug, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Paasilinna, Pahor, Paleckis, Panzeri, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Prets, Rapkay, Rasmussen, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Tzampazi, Van Lancker, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Abstention: 14

ALDE: Ek, Oviir, Prodi, Savi, Sbarbati

IND/DEM: Karatzaferis

NI: Claeys, Dillen, Kozlík, Vanhecke

PPE-DE: Wijkman

PSE: Gröner, Occhetto

Verts/ALE: van Buitenen

Corrections to votes

For

Henri Weber

Against

Anna Hedh

3.   Recommendation: Sacconi A6-0352/2006

Amendments 176 + 178

For: 94

ALDE: Jäätteenmäki, Resetarits, Ries

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Bonde, Coûteaux, Goudin, Louis, Lundgren, Sinnott, de Villiers

NI: Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Mölzer, Romagnoli, Schenardi

PPE-DE: Hybášková

PSE: Peillon, Zingaretti

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 552

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Chatzimarkakis, Cocilovo, Costa, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Piskorski, Polfer, Prodi, Riis-Jørgensen, Samuelsen, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Clark, Farage, Knapman, Nattrass, Tomczak, Whittaker, Wise, Železný

NI: Allister, Baco, Battilocchio, Belohorská, Bobošíková, Chruszcz, De Michelis, Giertych, Helmer, Mote, Mussolini, Rivera, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, 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, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Abstention: 13

ALDE: Ek, Oviir, Savi

IND/DEM: Karatzaferis, Krupa

NI: Claeys, Dillen, Kozlík

PPE-DE: Wijkman

PSE: Castex, Gröner, Occhetto

Verts/ALE: van Buitenen

4.   Recommendation: Sacconi A6-0352/2006

Amendment 173

For: 96

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Bonde, Coûteaux, Goudin, Louis, Lundgren, Sinnott, de Villiers

NI: Claeys, Dillen, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Mölzer, Romagnoli, Schenardi, Vanhecke

PPE-DE: Langendries

PSE: Bourzai

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 559

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Chatzimarkakis, Cocilovo, Costa, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

IND/DEM: Batten, Bloom, Booth, Clark, Farage, Knapman, Nattrass, Tomczak, Whittaker, Wise, Železný

NI: Allister, Battilocchio, Belohorská, Bobošíková, Chruszcz, De Michelis, Giertych, Helmer, Mote, Mussolini, Rivera, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Hegyi, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski

Abstention: 5

IND/DEM: Karatzaferis, Krupa

NI: Baco, Kozlík

Verts/ALE: van Buitenen

Corrections to votes

Against

Bernadette Bourzai

5.   Recommendation: Sacconi A6-0352/2006

Amendment 179

For: 109

ALDE: Resetarits

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Bonde, Coûteaux, Goudin, Louis, Lundgren, de Villiers

NI: Martin Hans-Peter

PSE: Arif, Berès, Bourzai, Carlotti, Castex, Chiesa, Cottigny, De Rossa, Désir, Douay, Ferreira Anne, Fruteau, Hamon, Hazan, Hutchinson, Laignel, Le Foll, Moscovici, Navarro, Pahor, Patrie, Peillon, Poignant, Reynaud, Roure, Savary, Vaugrenard, Vergnaud

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 530

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Chatzimarkakis, Cocilovo, Costa, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Piskorski, Polfer, Prodi, Riis-Jørgensen, Samuelsen, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Clark, Farage, Knapman, Nattrass, Sinnott, Tomczak, Whittaker, Wise, Železný

NI: Allister, Baco, Battilocchio, Belohorská, Bobošíková, Chruszcz, De Michelis, Giertych, Helmer, Mote, Mussolini, Rivera, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carnero González, Casaca, Cashman, Cercas, Christensen, Corbett, Corbey, Correia, De Keyser, De Vits, Díez González, Dobolyi, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Haug, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Muscat, Myller, Napoletano, Obiols i Germà, Öger, Paasilinna, Paleckis, Panzeri, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Prets, Rapkay, Rasmussen, Riera Madurell, Rosati, Roth-Behrendt, Rothe, Rouček, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Abstention: 20

ALDE: Ek, Oviir, Savi

IND/DEM: Karatzaferis, Krupa

NI: Claeys, Dillen, Gollnisch, Kozlík, Lang, Le Pen Marine, Mölzer, Romagnoli, Schenardi, Vanhecke

PPE-DE: Wijkman

PSE: Gröner, Occhetto, Rocard

Verts/ALE: van Buitenen

Corrections to votes

For

Henri Weber

6.   Recommendation: Sacconi A6-0352/2006

Amendment 180

For: 83

ALDE: Resetarits

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Bonde, Coûteaux, Goudin, Louis, Lundgren, Sinnott, de Villiers

NI: Martin Hans-Peter

PSE: Chiesa, Vaugrenard, Vergnaud

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 542

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Chatzimarkakis, Cocilovo, Costa, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Piskorski, Polfer, Prodi, Ries, Riis-Jørgensen, Samuelsen, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

GUE/NGL: Ransdorf

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Clark, Farage, Knapman, Nattrass, Tomczak, Whittaker, Wise, Železný

NI: Allister, Baco, Battilocchio, Belohorská, Bobošíková, Chruszcz, De Michelis, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez, Mölzer, Mote, Mussolini, Rivera, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carnero González, Casaca, Cashman, Cercas, Christensen, Corbett, Corbey, Correia, De Keyser, De Rossa, De Vits, Díez González, Dobolyi, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Haug, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Muscat, Myller, Napoletano, Obiols i Germà, Öger, Paasilinna, Pahor, Panzeri, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Prets, Rapkay, Rasmussen, Riera Madurell, Rosati, Roth-Behrendt, Rothe, Rouček, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Verts/ALE: Lipietz

Abstention: 39

ALDE: Ek, Oviir, Savi

IND/DEM: Karatzaferis, Krupa

NI: Claeys, Dillen, Kozlík, Romagnoli, Vanhecke

PPE-DE: Wijkman

PSE: Arif, Berès, Bourzai, Carlotti, Castex, Cottigny, Désir, Douay, Ferreira Anne, Fruteau, Gröner, Hamon, Hazan, Hutchinson, Laignel, Le Foll, Moscovici, Navarro, Occhetto, Paleckis, Patrie, Peillon, Poignant, Reynaud, Rocard, Roure, Savary

Verts/ALE: van Buitenen

Corrections to votes

For

Alain Lipietz

Abstention

Henri Weber

7.   Recommendation: Sacconi A6-0352/2006

Amendment 183

For: 109

ALDE: Harkin, Resetarits

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Coûteaux, Goudin, Louis, Lundgren, de Villiers

NI: Martin Hans-Peter

PSE: Arif, Berès, Bono, Bourzai, Carlotti, Castex, Chiesa, Cottigny, Désir, Douay, Ferreira Anne, Fruteau, Guy-Quint, Hamon, Hazan, Hutchinson, Laignel, Moscovici, Navarro, Patrie, Peillon, Poignant, Reynaud, Roure, Savary, Schapira, Vaugrenard, Vergnaud

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 529

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Chatzimarkakis, Cocilovo, Costa, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Fourtou, Gentvilas, Griesbeck, Guardans Cambó, Hall, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Piskorski, Polfer, Prodi, Ries, Riis-Jørgensen, Samuelsen, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

IND/DEM: Batten, Belder, Blokland, Bloom, Bonde, Booth, Clark, Farage, Knapman, Krupa, Nattrass, Sinnott, Tomczak, Whittaker, Wise, Železný

NI: Allister, Baco, Battilocchio, Belohorská, Bobošíková, Chruszcz, De Michelis, Giertych, Helmer, Mote, Mussolini, Rivera, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, van den Berg, Berger, Berlinguer, Berman, Bösch, Bozkurt, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carnero González, Casaca, Cashman, Cercas, Christensen, Corbett, Corbey, Correia, De Keyser, De Rossa, De Vits, Díez González, Dobolyi, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Hänsch, Haug, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Muscat, Myller, Napoletano, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Prets, Rapkay, Rasmussen, Riera Madurell, Rosati, Roth-Behrendt, Rothe, Rouček, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Schaldemose, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Tzampazi, Van Lancker, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Abstention: 22

ALDE: Ek, Oviir, Savi

IND/DEM: Karatzaferis

NI: Claeys, Dillen, Gollnisch, Kozlík, Lang, Le Pen Marine, Le Rachinel, Martinez, Mölzer, Romagnoli, Schenardi, Vanhecke

PPE-DE: Roithová, Wijkman

PSE: Gröner, Occhetto, Rocard

Verts/ALE: van Buitenen

Corrections to votes

For

Henri Weber

8.   Recommendation: Sacconi A6-0352/2006

Amendment 184

For: 84

ALDE: Resetarits

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Bonde, Coûteaux, Goudin, Louis, Lundgren, de Villiers

NI: Martin Hans-Peter

PSE: Chiesa, Vaugrenard, Vergnaud

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 531

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Chatzimarkakis, Cocilovo, Costa, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Piskorski, Polfer, Prodi, Ries, Riis-Jørgensen, Samuelsen, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Clark, Farage, Knapman, Nattrass, Sinnott, Tomczak, Whittaker, Wise, Železný

NI: Allister, Baco, Battilocchio, Belohorská, Bobošíková, Chruszcz, De Michelis, Giertych, Helmer, Mote, Mussolini, Rivera, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carnero González, Casaca, Cashman, Cercas, Christensen, Corbett, Corbey, Correia, De Keyser, De Rossa, De Vits, Díez González, Dobolyi, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Haug, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Muscat, Myller, Napoletano, Obiols i Germà, Öger, Paasilinna, Pahor, Panzeri, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Prets, Rapkay, Rasmussen, Riera Madurell, Rosati, Roth-Behrendt, Rothe, Rouček, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Schaldemose, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Tzampazi, Van Lancker, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Abstention: 50

ALDE: Ek, Oviir, Savi

IND/DEM: Karatzaferis, Krupa

NI: Claeys, Dillen, Gollnisch, Kozlík, Lang, Le Pen Marine, Le Rachinel, Martinez, Mölzer, Romagnoli, Schenardi, Vanhecke

PPE-DE: Roithová, Wijkman, von Wogau

PSE: Arif, Berès, Bourzai, Carlotti, Castex, Cottigny, Désir, Douay, Ferreira Anne, Fruteau, Gröner, Hamon, Hazan, Hutchinson, Laignel, Le Foll, Moscovici, Navarro, Occhetto, Paleckis, Patrie, Peillon, Poignant, Reynaud, Rocard, Roure, Savary, Schapira, Trautmann

Verts/ALE: van Buitenen

Corrections to votes

Abstention

Henri Weber

9.   Recommendation: Sacconi A6-0352/2006

Amendment 185

For: 86

ALDE: Resetarits

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Bonde, Coûteaux, Goudin, Louis, Lundgren, de Villiers

NI: Le Rachinel, Martin Hans-Peter

PSE: Castex, Chiesa, Vaugrenard, Vergnaud

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 527

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Chatzimarkakis, Cocilovo, Costa, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Piskorski, Polfer, Prodi, Ries, Riis-Jørgensen, Samuelsen, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Clark, Farage, Knapman, Nattrass, Sinnott, Tomczak, Whittaker, Wise, Železný

NI: Allister, Baco, Battilocchio, Belohorská, Bobošíková, Chruszcz, De Michelis, Giertych, Helmer, Mote, Mussolini, Rivera, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carnero González, Casaca, Cashman, Cercas, Christensen, Corbett, Corbey, Correia, De Keyser, De Rossa, De Vits, Dobolyi, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Grabowska, Grech, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Haug, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Muscat, Myller, Napoletano, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Prets, Rapkay, Rasmussen, Riera Madurell, Rosati, Roth-Behrendt, Rothe, Rouček, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Schaldemose, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Tzampazi, Van Lancker, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Abstention: 47

ALDE: Ek, Oviir, Savi

IND/DEM: Karatzaferis, Krupa

NI: Claeys, Dillen, Gollnisch, Kozlík, Lang, Le Pen Marine, Martinez, Mölzer, Romagnoli, Schenardi, Vanhecke

PPE-DE: Roithová, Wijkman

PSE: Arif, Berès, Bourzai, Carlotti, Cottigny, Désir, Douay, Ferreira Anne, Fruteau, Gröner, Hamon, Hazan, Hutchinson, Laignel, Le Foll, Moscovici, Navarro, Occhetto, Patrie, Peillon, Poignant, Reynaud, Rocard, Roure, Savary, Schapira, Trautmann, Weber Henri

Verts/ALE: van Buitenen

10.   Recommendation: Sacconi A6-0352/2006

Amendment 186

For: 88

ALDE: Resetarits

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Bonde, Coûteaux, Goudin, Louis, Lundgren, de Villiers

NI: Gollnisch, Lang, Le Pen Marine, Martin Hans-Peter, Martinez, Schenardi

PSE: Chiesa, Vaugrenard, Vergnaud

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 529

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Chatzimarkakis, Cocilovo, Costa, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Piskorski, Polfer, Prodi, Ries, Riis-Jørgensen, Samuelsen, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Clark, Farage, Knapman, Nattrass, Sinnott, Tomczak, Whittaker, Wise, Železný

NI: Allister, Baco, Battilocchio, Belohorská, Bobošíková, Chruszcz, De Michelis, Giertych, Helmer, Mote, Mussolini, Rivera, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carnero González, Casaca, Cashman, Cercas, Christensen, Corbett, Corbey, Correia, De Keyser, De Rossa, De Vits, Díez González, Dobolyi, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Haug, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Muscat, Myller, Napoletano, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Prets, Rapkay, Riera Madurell, Rosati, Roth-Behrendt, Rothe, Rouček, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Schaldemose, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Tzampazi, Van Lancker, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Abstention: 44

ALDE: Ek, Oviir, Savi

IND/DEM: Karatzaferis, Krupa

NI: Claeys, Dillen, Kozlík, Mölzer, Romagnoli, Vanhecke

PPE-DE: Roithová, Wijkman

PSE: Arif, Berès, Bourzai, Carlotti, Castex, Cottigny, Désir, Douay, Evans Robert, Ferreira Anne, Fruteau, Gröner, Hamon, Hazan, Hutchinson, Laignel, Le Foll, Moscovici, Navarro, Occhetto, Patrie, Peillon, Poignant, Reynaud, Rocard, Roure, Savary, Schapira, Trautmann, Weber Henri

Verts/ALE: van Buitenen

11.   Recommendation: Sacconi A6-0352/2006

Amendment 187

For: 121

ALDE: Resetarits

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Bonde, Coûteaux, Goudin, Louis, Lundgren, Sinnott, de Villiers

NI: Claeys, Dillen, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Mölzer, Romagnoli, Schenardi

PSE: Arif, Berès, Bono, Bourzai, Carlotti, Castex, Chiesa, Correia, Cottigny, Désir, Douay, Ferreira Anne, Fruteau, Hamon, Hazan, Hutchinson, Laignel, Le Foll, Navarro, Patrie, Peillon, Poignant, Reynaud, Roure, Schapira, Trautmann, Vaugrenard, Vergnaud, Weber Henri

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 528

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Chatzimarkakis, Cocilovo, Costa, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Piskorski, Polfer, Prodi, Ries, Riis-Jørgensen, Samuelsen, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Clark, Farage, Knapman, Nattrass, Tomczak, Whittaker, Wise, Železný

NI: Allister, Battilocchio, Belohorská, Bobošíková, Chruszcz, De Michelis, Giertych, Helmer, Mote, Mussolini, Rivera, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, van den Berg, Berger, Berlinguer, Berman, Bösch, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carnero González, Casaca, Cashman, Cercas, Christensen, Corbett, Corbey, De Keyser, De Rossa, De Vits, Díez González, Dobolyi, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Haug, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Muscat, Myller, Napoletano, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Prets, Rapkay, Rasmussen, Riera Madurell, Rosati, Roth-Behrendt, Rothe, Rouček, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Tzampazi, Van Lancker, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Abstention: 13

ALDE: Ek, Oviir, Savi

IND/DEM: Karatzaferis, Krupa

NI: Baco, Kozlík, Vanhecke

PPE-DE: Wijkman

PSE: Gröner, Occhetto, Rocard

Verts/ALE: van Buitenen

12.   Recommendation: Sacconi A6-0352/2006

Amendment 189

For: 87

ALDE: Resetarits

GUE/NGL: Agnoletto, Aita, Brie, Catania, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Bonde, Coûteaux, Goudin, Louis, Lundgren, Sinnott, de Villiers

NI: Martin Hans-Peter

PSE: Castex, Chiesa, Correia, Hutchinson, Navarro, Patrie

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 551

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Chatzimarkakis, Cocilovo, Costa, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Piskorski, Polfer, Prodi, Ries, Riis-Jørgensen, Samuelsen, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Clark, Farage, Knapman, Nattrass, Tomczak, Whittaker, Wise, Železný

NI: Allister, Battilocchio, Belohorská, Bobošíková, Chruszcz, Claeys, De Michelis, Dillen, Giertych, Helmer, Mote, Mussolini, Rivera, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, 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, Cercas, Christensen, Corbett, Corbey, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Abstention: 21

ALDE: Ek, Oviir, Savi

IND/DEM: Karatzaferis, Krupa

NI: Baco, Gollnisch, Kozlík, Lang, Le Pen Marine, Martinez, Mölzer, Romagnoli, Schenardi

PPE-DE: Roithová, Wijkman

PSE: Gröner, Laignel, Occhetto, Vergnaud

Verts/ALE: van Buitenen

13.   Recommendation: Sacconi A6-0352/2006

Amendment 190

For: 110

ALDE: Resetarits

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Bonde, Coûteaux, Goudin, Louis, Lundgren, Sinnott, de Villiers

NI: Martin Hans-Peter

PSE: Arif, Berès, Bourzai, Carlotti, Castex, Chiesa, Cottigny, Douay, Ferreira Anne, Fruteau, Hamon, Hazan, Hutchinson, Laignel, Le Foll, Moscovici, Navarro, Patrie, Peillon, Poignant, Reynaud, Roure, Savary, Schapira, Trautmann, Vaugrenard, Vergnaud, Weber Henri

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 534

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Costa, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Piskorski, Polfer, Prodi, Ries, Riis-Jørgensen, Samuelsen, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Clark, Farage, Knapman, Nattrass, Tomczak, Whittaker, Wise, Železný

NI: Allister, Battilocchio, Belohorská, Bobošíková, Chruszcz, Claeys, De Michelis, Dillen, Giertych, Helmer, Mote, Mussolini, Rivera, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carnero González, Casaca, Cashman, Cercas, Christensen, Corbett, Corbey, Correia, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Haug, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Lavarra, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Muscat, Myller, Napoletano, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Prets, Rapkay, Rasmussen, Riera Madurell, Rosati, Roth-Behrendt, Rothe, Rouček, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Schaldemose, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Tzampazi, Van Lancker, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Abstention: 21

ALDE: Ek, Oviir, Savi

IND/DEM: Karatzaferis, Krupa

NI: Baco, Gollnisch, Kozlík, Lang, Le Pen Marine, Le Rachinel, Martinez, Mölzer, Romagnoli, Schenardi

PPE-DE: Roithová, Wijkman

PSE: Gröner, Occhetto, Rocard

Verts/ALE: van Buitenen

14.   Report: Grässle A6-0447/2006

Resolution

For: 606

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Costa, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Flasarová, Guidoni, Holm, Kaufmann, Kohlíček, Liotard, McDonald, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Goudin, Karatzaferis, Lundgren, Sinnott, Tomczak, Železný

NI: Allister, Battilocchio, Belohorská, Bobošíková, De Michelis, Helmer, Kozlík, Martin Hans-Peter, Mussolini, Rivera, Romagnoli

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, 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, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Hegyi, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Aylward, Berlato, Bielan, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 28

GUE/NGL: Manolakou, Pafilis

IND/DEM: Batten, Bloom, Booth, Clark, Farage, Knapman, Krupa, Nattrass, Whittaker, Wise

NI: Chruszcz, Claeys, Dillen, Giertych, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martinez, Mölzer, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Duchoň, Ouzký

UEN: Grabowski

Abstention: 16

GUE/NGL: Figueiredo, Guerreiro, Henin, Krarup

IND/DEM: Coûteaux, Louis, de Villiers

NI: Baco, Mote

PPE-DE: Heaton-Harris

UEN: Angelilli, Borghezio, Camre, Gobbo, Musumeci

Verts/ALE: van Buitenen

Corrections to votes

For

Alexander Radwan

15.   Report: Hieronymi A6-0399/2006

Amendment 167

For: 71

ALDE: Veraldi

GUE/NGL: Agnoletto, Aita, Catania, Figueiredo, Guerreiro, Guidoni, Holm, Krarup, Liotard, Maštálka, Meijer, Musacchio, Pflüger, Rizzo, Seppänen, Svensson, Triantaphyllides, Wagenknecht

IND/DEM: Batten, Bloom, Booth, Clark, Coûteaux, Farage, Knapman, Krupa, Louis, Lundgren, Nattrass, de Villiers, Whittaker, Wise, Železný

NI: Allister, Bobošíková, Claeys, Dillen, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Mölzer, Mote, Mussolini, Romagnoli, Schenardi, Vanhecke

PPE-DE: Cabrnoch, Callanan, Duchoň, Hannan, Heaton-Harris, Hybášková, Kamall, Ouzký, Škottová, Strejček, Van Orden, Vlasák, Zahradil, Zvěřina

PSE: Chiesa

UEN: Kuźmiuk

Verts/ALE: Schlyter, Staes, Turmes, Voggenhuber

Against: 556

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Carlshamre, Chatzimarkakis, Cocilovo, Costa, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Väyrynen, Van Hecke, Virrankoski, Wallis

GUE/NGL: Brie, Flasarová, Kaufmann, Kohlíček, Meyer Pleite, Papadimoulis, Portas, Remek, Strož, Zimmer

IND/DEM: Belder, Blokland, Goudin, Karatzaferis, Sinnott, Tomczak

NI: Battilocchio, Belohorská, Chruszcz, De Michelis, Giertych, Rivera, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Gyürk, Handzlik, Harbour, Hatzidakis, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Posdorf, Posselt, Protasiewicz, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sonik, Spautz, Šťastný, Stauner, Stevenson, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zatloukal, Zieleniec, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, 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 Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Hegyi, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kinnock, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuc, La Russa, Libicki, Maldeikis, Masiel, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lipietz, Özdemir, Onesta, Romeva i Rueda, Rühle, Schroedter, Smith, Trüpel, Ždanoka

Abstention: 11

ALDE: Toia

GUE/NGL: de Brún, Henin, McDonald, Manolakou, Pafilis

IND/DEM: Bonde

NI: Baco, Kozlík

PPE-DE: Sommer

Verts/ALE: van Buitenen

Corrections to votes

For

Hélène Goudin

Against

Bart Staes

16.   Report: Hieronymi A6-0399/2006

Amendment 172

For: 276

ALDE: Andria, Bourlanges, Cocilovo, Costa, Degutis, Deprez, Dičkutė, Fourtou, Gibault, Griesbeck, Laperrouze, Lehideux, Losco, Morillon, Samuelsen, Susta, Toia, Veraldi

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Liotard, McDonald, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Bonde, Coûteaux, Goudin, Louis, Lundgren, de Villiers

NI: Chruszcz, Giertych, Martin Hans-Peter, Wojciechowski Bernard Piotr

PPE-DE: Seeberg

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, 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, Chiesa, Christensen, Corbett, Corbey, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Estrela, Ettl, Evans Robert, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Gottardi, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Camre, Kuc, Piotrowski

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 370

ALDE: Andrejevs, Attwooll, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Davies, Drčar Murko, Duff, Ek, Gentvilas, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Virrankoski, Wallis

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Clark, Karatzaferis, Knapman, Nattrass, Sinnott, Tomczak, Whittaker, Wise, Železný

NI: Allister, Battilocchio, Belohorská, Bobošíková, Claeys, De Michelis, Dillen, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez, Mölzer, Mote, Mussolini, Rivera, Romagnoli, Schenardi, Vanhecke

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Goebbels

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Verts/ALE: Rühle

Abstention: 9

GUE/NGL: Manolakou, Pafilis

IND/DEM: Krupa

NI: Baco, Kozlík

PPE-DE: Bonsignore

PSE: Mann Erika, Roth-Behrendt

Verts/ALE: van Buitenen

17.   Report: Hieronymi A6-0399/2006

Amendments 198 + 240

For: 270

ALDE: Andria, Beaupuy, Cocilovo, Costa, Deprez, Gibault, Griesbeck, Laperrouze, Lehideux, Losco, Morillon, Prodi, Sbarbati, Susta, Toia, Veraldi

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Liotard, McDonald, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Bonde, Goudin, Lundgren

NI: Martin Hans-Peter

PPE-DE: Ebner, Kasoulides, Vakalis

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, 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, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Estrela, Ettl, Evans Robert, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Laignel, Lambrinidis, Lavarra, Le Foll, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Kuc

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 375

ALDE: Andrejevs, Attwooll, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Davies, Degutis, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Resetarits, Ries, Riis-Jørgensen, Savi, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Virrankoski, Wallis

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Clark, Karatzaferis, Knapman, Nattrass, Sinnott, Tomczak, Whittaker, Wise, Železný

NI: Allister, Battilocchio, Belohorská, Bobošíková, Chruszcz, Claeys, De Michelis, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez, Mölzer, Mote, Mussolini, Romagnoli, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ehler, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Lehtinen

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Abstention: 13

ALDE: Samuelsen

GUE/NGL: Manolakou, Pafilis

IND/DEM: Coûteaux, Krupa, Louis, de Villiers

NI: Baco, Kozlík, Rivera

PSE: Titley

UEN: Piotrowski

Verts/ALE: van Buitenen

Corrections to votes

For

Eija-Riitta Korhola, Jean-Louis Bourlanges

18.   Report: Hieronymi A6-0399/2006

Amendment 199/1

For: 391

ALDE: Andrejevs, Andria, Attwooll, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Costa, Davies, Drčar Murko, Duff, Ek, Gentvilas, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Lax, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

GUE/NGL: de Brún, Guerreiro, Guidoni, Holm, Liotard, McDonald, Meijer, Pflüger, Rizzo, Seppänen, Svensson, Triantaphyllides, Wagenknecht

IND/DEM: Belder, Blokland, Goudin, Karatzaferis, Lundgren, Sinnott, Tomczak

NI: Battilocchio, Belohorská, Chruszcz, De Michelis, Giertych, Mussolini, Rivera, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brunetta, Bushill-Matthews, Busuttil, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Doyle, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Hatzidakis, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zatloukal, Zieleniec, Zwiefka

PSE: Berlinguer, Berman, van den Burg, Casaca, Cashman, Chiesa, Corbett, Cottigny, Douay, Evans Robert, Gill, Golik, Gottardi, Gruber, Herczog, Honeyball, Howitt, Hughes, Jørgensen, Kinnock, Lavarra, McCarthy, Mann Erika, Martin David, Morgan, Napoletano, Sacconi, Saks, Simpson, Siwiec, Skinner, Stihler, Titley, Willmott

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Musumeci, Ó Neachtain, Pęk, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Verts/ALE: Frassoni, Smith

Against: 248

ALDE: Bourlanges, Degutis, Deprez, Dičkutė, Gibault, Griesbeck, Laperrouze, Lehideux, Morillon

GUE/NGL: Agnoletto, Aita, Brie, Catania, Figueiredo, Flasarová, Henin, Kaufmann, Kohlíček, Maštálka, Meyer Pleite, Musacchio, Papadimoulis, Portas, Ransdorf, Remek, Strož, Wurtz, Zimmer

IND/DEM: Batten, Bloom, Booth, Clark, Knapman, Nattrass, Whittaker, Wise, Železný

NI: Allister, Bobošíková, Claeys, Dillen, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Mölzer, Mote, Romagnoli, Schenardi, Vanhecke

PPE-DE: Cabrnoch, Callanan, Dover, Duchoň, Florenz, Hannan, Heaton-Harris, Hybášková, Kamall, Ouzký, Škottová, Strejček, Van Orden, Vlasák, Zahradil, Zvěřina

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, Berès, van den Berg, Berger, Bösch, Bono, Bourzai, Bozkurt, Bullmann, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Castex, Cercas, Christensen, Corbey, Correia, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Estrela, Ettl, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Glante, Goebbels, Gomes, Grabowska, Grech, Gröner, Groote, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Hegyi, Hutchinson, Jöns, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Laignel, Lambrinidis, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, McAvan, Madeira, Maňka, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Moscovici, Muscat, Myller, Navarro, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Sornosa Martínez, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Yañez-Barnuevo García, Zingaretti

UEN: Kuc, Muscardini, Piotrowski

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Abstention: 15

ALDE: Beaupuy, Fourtou

GUE/NGL: Manolakou, Pafilis

IND/DEM: Bonde, Coûteaux, Krupa, Louis, de Villiers

NI: Baco, Kozlík

PSE: Liberadzki, Locatelli

UEN: Camre

Verts/ALE: van Buitenen

19.   Report: Hieronymi A6-0399/2006

Amendment 220

For: 343

ALDE: Andrejevs, Attwooll, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Davies, Drčar Murko, Duff, Ek, Gentvilas, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Oviir, Piskorski, Polfer, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Virrankoski, Wallis

IND/DEM: Goudin, Krupa, Lundgren, Sinnott, Tomczak, Železný

NI: Allister, Battilocchio, Belohorská, De Michelis, Helmer, Mussolini, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Barsi-Pataky, Bauer, Beazley, Becsey, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Březina, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Florenz, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, Gargani, Garriga Polledo, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Landsbergis, Langen, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Martens, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sumberg, Surján, Szájer, Tajani, Tannock, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Gurmai, Honeyball, Howitt, Lehtinen, Martin David, Siwiec, Van Lancker, Weber Henri, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Verts/ALE: Smith

Against: 302

ALDE: Andria, Beaupuy, Bourlanges, Cocilovo, Costa, Degutis, Deprez, Dičkutė, Fourtou, Gibault, Griesbeck, Laperrouze, Lehideux, Losco, Morillon, Onyszkiewicz, Prodi, Samuelsen, Susta, Toia, Veraldi

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Batten, Belder, Blokland, Bloom, Bonde, Booth, Clark, Coûteaux, Karatzaferis, Knapman, Louis, Nattrass, de Villiers, Whittaker, Wise

NI: Bobošíková, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Mölzer, Mote, Romagnoli, Schenardi

PPE-DE: Audy, Bachelot-Narquin, Fjellner, Fontaine, García-Margallo y Marfil, Gaubert, Gauzès, Lamassoure, Mathieu, Saïfi, Seeberg, Sudre, Toubon

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, 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, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Gröner, Groote, Gruber, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Hegyi, Herczog, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Laignel, Lambrinidis, Lavarra, Le Foll, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott

UEN: Muscardini

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Schlyter, Schroedter, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Abstention: 15

NI: Baco, Chruszcz, Claeys, Dillen, Kozlík, Rivera, Vanhecke

PPE-DE: Belet, Brepoels, Dehaene, Grosch, Langendries, Thyssen

Verts/ALE: van Buitenen, Rühle

Corrections to votes

Against

Marie-Hélène Descamps, Ieke van den Burg, Ambroise Guellec, Henri Weber

Abstention

Hélène Goudin, Nils Lundgren

20.   Report: Hieronymi A6-0399/2006

Amendment 183

For: 208

ALDE: Ek, Schmidt Olle

GUE/NGL: Holm, Krarup, Liotard, Meijer, Seppänen, Svensson

IND/DEM: Sinnott, Železný

NI: Bobošíková, Martin Hans-Peter, Romagnoli

PPE-DE: Cabrnoch, Duchoň, Hökmark, Hybášková, Škottová, Strejček, Vlasák, Wijkman, Zahradil, Zvěřina

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, Berès, van den Berg, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fernandes, Ferreira Anne, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Glante, Golik, Gomes, Grabowska, Gröner, Groote, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Hutchinson, Jöns, Jørgensen, Kindermann, Kósáné Kovács, Koterec, Krehl, Kuhne, Laignel, Lambrinidis, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, McAvan, Madeira, Maňka, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Siwiec, Sornosa Martínez, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Yañez-Barnuevo García, Zingaretti

UEN: Kuc, Ryan

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 438

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Costa, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Fourtou, Gentvilas, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, Kohlíček, McDonald, Manolakou, Maštálka, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Strož, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Clark, Goudin, Karatzaferis, Knapman, Krupa, Lundgren, Nattrass, Tomczak, Whittaker, Wise

NI: Allister, Battilocchio, Chruszcz, De Michelis, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez, Mölzer, Mote, Mussolini, Rivera, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brunetta, Bushill-Matthews, Busuttil, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Stubb, Sturdy, Sudre, Sumberg, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zatloukal, Zieleniec, Zwiefka

PSE: Berlinguer, Chiesa, Corbett, Evans Robert, Fazakas, Fruteau, Gill, Goebbels, Gottardi, Grech, Gruber, Hegyi, Honeyball, Howitt, Hughes, Kinnock, Kreissl-Dörfler, Lavarra, McCarthy, Mann Erika, Martin David, Morgan, Occhetto, Panzeri, Pittella, Sacconi, Simpson, Skinner, Stihler, Titley, Willmott

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Abstention: 13

ALDE: Samuelsen

IND/DEM: Bonde, Coûteaux, Louis, de Villiers

NI: Baco, Belohorská, Kozlík

PSE: van den Burg, Locatelli, Rapkay, Roth-Behrendt

Verts/ALE: van Buitenen

Corrections to votes

For

Ieke van den Burg

Against

Linda McAvan

21.   Report: Hieronymi A6-0399/2006

Amendment 226

For: 325

ALDE: Andrejevs, Attwooll, Beaupuy, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Davies, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Resetarits, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Virrankoski, Wallis

IND/DEM: Bonde, Goudin, Lundgren, Sinnott

NI: Allister, Battilocchio, Belohorská, Chruszcz, De Michelis, Giertych, Helmer, Mussolini, Rivera, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Březina, Brunetta, Bushill-Matthews, Busuttil, Callanan, Casa, Casini, Caspary, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Daul, De Blasio, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Dover, Doyle, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Garriga Polledo, Gaubert, Gauzès, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hoppenstedt, Hudacký, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Toubon, Trakatellis, Ulmer, Van Orden, Varela Suanzes-Carpegna, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zatloukal, Zieleniec, Zwiefka

PSE: Dobolyi, Goebbels, Gurmai, Guy-Quint, Lehtinen, Mann Erika, Rapkay, Roth-Behrendt

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Foglietta, Foltyn-Kubicka, Gobbo, Janowski, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Musumeci, Ó Neachtain, Pęk, Podkański, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zīle

Verts/ALE: Rühle

Against: 308

ALDE: Andria, Bourlanges, Costa, Degutis, Deprez, Dičkutė, Gibault, Griesbeck, Laperrouze, Lehideux, Losco, Morillon, Prodi, Samuelsen, Susta, Toia, Veraldi

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Clark, Coûteaux, Farage, Karatzaferis, Knapman, Krupa, Louis, Nattrass, Tomczak, de Villiers, Whittaker, Wise, Železný

NI: Bobošíková, Claeys, Dillen, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Mölzer, Romagnoli, Schenardi, Vanhecke

PPE-DE: Cabrnoch, Castiglione, Duchoň, Fjellner, Hökmark, Hybášková, Ibrisagic, McGuinness, Mitchell, Ouzký, Seeberg, Škottová, Strejček, Vakalis, Vlasák, Zahradil, Zvěřina

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, 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, Chiesa, Christensen, Corbett, Corbey, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Gottardi, Grabowska, Grech, Gröner, Groote, Gruber, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Laignel, Lambrinidis, Lavarra, Le Foll, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Grabowski, Kuc, Piotrowski, Rogalski, Zapałowski

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hassi, Horáček, Hudghton, Joan i Marí, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Abstention: 24

ALDE: Ries

GUE/NGL: Manolakou, Pafilis

NI: Baco, Kozlík, Mote

PPE-DE: Belet, Brepoels, Coveney, Demetriou, Dimitrakopoulos, Gklavakis, Grosch, Hatzidakis, Langendries, Mavrommatis, Panayotopoulos-Cassiotou, Papastamkos, Samaras, Thyssen, Varvitsiotis

UEN: Didžiokas

Verts/ALE: van Buitenen, Jonckheer

22.   Report: Hieronymi A6-0399/2006

Amendment 174

For: 123

ALDE: Andria, Beaupuy, Bourlanges, Costa, Degutis, Deprez, Dičkutė, Losco, Prodi, Samuelsen, Susta, Toia, Veraldi

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Bonde, Sinnott

NI: Martin Hans-Peter

PPE-DE: Berend, Mauro, Seeberg, Vernola

PSE: Andersson, Berlinguer, Bösch, van den Burg, Chiesa, Christensen, Corbett, Ettl, Gebhardt, Gomes, Gottardi, Gröner, Gruber, Hedh, Hedkvist Petersen, Hegyi, Hughes, Lavarra, Leichtfried, Locatelli, Muscat, Napoletano, Panzeri, Pittella, Sacconi, Savary, Schaldemose, Scheele, Segelström, Tarand, Thomsen, Westlund

UEN: Camre

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 528

ALDE: Andrejevs, Attwooll, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Davies, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Virrankoski, Wallis

GUE/NGL: Portas

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Clark, Coûteaux, Farage, Goudin, Karatzaferis, Knapman, Krupa, Louis, Lundgren, Nattrass, de Villiers, Whittaker, Wise, Železný

NI: Allister, Battilocchio, Belohorská, Bobošíková, Chruszcz, Claeys, De Michelis, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez, Mölzer, Mote, Mussolini, Romagnoli, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, Berès, van den Berg, Berger, Berman, Bono, Bourzai, Bozkurt, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Grabowska, Grech, Groote, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Herczog, Honeyball, Howitt, Hutchinson, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kuhne, Laignel, Lambrinidis, Le Foll, Leinen, Lévai, Liberadzki, McAvan, McCarthy, Madeira, Maňka, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Myller, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Schapira, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zīle

Verts/ALE: Rühle

Abstention: 4

NI: Baco, Kozlík, Rivera

Verts/ALE: van Buitenen

23.   Report: Hieronymi A6-0399/2006

Amendment 227/1

For: 595

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Costa, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Coûteaux, Goudin, Louis, Lundgren, Sinnott, de Villiers

NI: Allister, Battilocchio, Belohorská, Claeys, De Michelis, Dillen, Helmer, Martin Hans-Peter, Mölzer, Mussolini, Rivera, Romagnoli, Vanhecke

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brunetta, Bushill-Matthews, Busuttil, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duka-Zólyomi, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zatloukal, Zieleniec, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, 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, Chiesa, Christensen, Corbett, Corbey, Cottigny, De Keyser, De Rossa, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Hegyi, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Lévai, Liberadzki, Locatelli, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Navarro, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Maldeikis, Masiel, Musumeci, Ó Neachtain, Podkański, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Zīle

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 52

ALDE: Samuelsen

GUE/NGL: Manolakou, Pafilis

IND/DEM: Batten, Belder, Blokland, Bloom, Bonde, Booth, Clark, Farage, Karatzaferis, Knapman, Krupa, Nattrass, Tomczak, Whittaker, Wise, Železný

NI: Bobošíková, Chruszcz, Giertych, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martinez, Mote, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Cabrnoch, Duchoň, Ebner, Hybášková, Maat, Ouzký, Seeberg, Škottová, Strejček, Vlasák, Zahradil, Zvěřina

PSE: Correia, Roth-Behrendt

UEN: Czarnecki Ryszard, Grabowski, Libicki, Muscardini, Pęk, Piotrowski, Rogalski, Wojciechowski Janusz

Abstention: 3

NI: Baco, Kozlík

Verts/ALE: van Buitenen

Corrections to votes

Against

Rainer Wieland

24.   Report: Hieronymi A6-0399/2006

Amendment 227/2

For: 349

ALDE: Andrejevs, Attwooll, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Davies, Dičkutė, Drčar Murko, Duff, Ek, Gentvilas, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Virrankoski, Wallis

GUE/NGL: Holm, Krarup, Liotard, Meijer, Seppänen, Svensson

IND/DEM: Coûteaux, Louis, de Villiers

NI: Allister, Baco, Battilocchio, Belohorská, Chruszcz, De Michelis, Giertych, Helmer, Mussolini, Rivera, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brunetta, Bushill-Matthews, Busuttil, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duka-Zólyomi, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Stubb, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasto, Weber Manfred, Weisgerber, Wijkman, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zatloukal, Zieleniec, Zwiefka

PSE: Casaca, Goebbels, Hazan, Lehtinen, McAvan, Paasilinna, Rasmussen, Wiersma

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Musumeci, Ó Neachtain, Pęk, Podkański, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Zīle

Verts/ALE: Rühle

Against: 290

ALDE: Andria, Beaupuy, Bourlanges, Costa, Degutis, Deprez, Fourtou, Gibault, Griesbeck, Laperrouze, Lehideux, Losco, Morillon, Prodi, Samuelsen, Susta, Veraldi

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, Kohlíček, McDonald, Manolakou, Maštálka, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Strož, Wagenknecht, Wurtz, Zimmer

IND/DEM: Batten, Belder, Blokland, Bloom, Bonde, Booth, Clark, Farage, Karatzaferis, Knapman, Nattrass, Sinnott, Tomczak, Whittaker, Wise, Železný

NI: Bobošíková, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Mote, Schenardi

PPE-DE: Duchoň, Ebner, Ouzký, Seeberg, Škottová, Strejček, Sumberg, Vlasák, Wieland, Zahradil, Zvěřina

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Gottardi, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hedh, Hedkvist Petersen, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Laignel, Lambrinidis, Lavarra, Le Foll, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Navarro, Obiols i Germà, Occhetto, Öger, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Czarnecki Ryszard, Kuc, Piotrowski, Rogalski, Zapałowski

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Abstention: 13

ALDE: Cocilovo

GUE/NGL: Triantaphyllides

IND/DEM: Goudin, Krupa, Lundgren

NI: Claeys, Dillen, Kozlík, Mölzer, Romagnoli, Vanhecke

PSE: Hegyi

Verts/ALE: van Buitenen

Corrections to votes

Against

Linda McAvan, Jens Holm, Eva-Britt Svensson

25.   Report: Hieronymi A6-0399/2006

Amendment 227/3

For: 413

ALDE: Beaupuy, Bourlanges, Degutis, Deprez, Gibault, Griesbeck, Laperrouze, Lehideux, Morillon, Neyts-Uyttebroeck, Sbarbati

GUE/NGL: Holm, Krarup, Liotard, Meijer, Seppänen, Svensson

IND/DEM: Bonde, Coûteaux, Louis, de Villiers

NI: Allister, Battilocchio, Belohorská, De Michelis, Helmer, Mussolini

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Barsi-Pataky, Bauer, Beazley, Becsey, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Březina, Brunetta, Bushill-Matthews, Busuttil, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Demetriou, Deß, Deva, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duka-Zólyomi, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Florenz, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, García-Margallo y Marfil, Garriga Polledo, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hoppenstedt, Hudacký, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Sturdy, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Weber Manfred, Weisgerber, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zatloukal, Zieleniec, Zwiefka

PSE: Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Beňová, Berès, van den Berg, Berlinguer, Berman, Bono, Bourzai, Bozkurt, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Corbett, Corbey, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Geringer de Oedenberg, Gierek, Gill, Goebbels, Gomes, Grabowska, Gröner, Groote, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kinnock, Kósáné Kovács, Koterec, Kreissl-Dörfler, Kuhne, Laignel, Lambrinidis, Le Foll, Leinen, Lévai, Liberadzki, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Navarro, Obiols i Germà, Paasilinna, Pahor, Paleckis, Patrie, Peillon, Pinior, Pleguezuelos Aguilar, Poignant, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Musumeci, Ó Neachtain, Pęk, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Verts/ALE: Rühle, Schlyter

Against: 222

ALDE: Andrejevs, Andria, Attwooll, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Costa, Davies, Dičkutė, Drčar Murko, Duff, Ek, Gentvilas, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Lax, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Mulder, Newton Dunn, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, Kohlíček, McDonald, Manolakou, Maštálka, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Strož, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Clark, Farage, Knapman, Nattrass, Sinnott, Tomczak, Whittaker, Wise, Železný

NI: Bobošíková, Chruszcz, Giertych, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Mote, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Audy, Bachelot-Narquin, Belet, Brepoels, Cabrnoch, Descamps, De Veyrac, Duchoň, Ebner, Fjellner, Fontaine, Galeote, Gauzès, Grosch, Grossetête, Guellec, Hökmark, Hybášková, Ibrisagic, Kauppi, Lamassoure, Mathieu, Ouzký, Purvis, Saïfi, Seeberg, Škottová, Strejček, Stubb, Sudre, Toubon, Vlasák, Vlasto, Wieland, Wijkman, Zahradil, Zvěřina

PSE: Andersson, Batzeli, Berger, Bösch, Chiesa, Christensen, Ettl, Gebhardt, Gottardi, Grech, Gruber, Hedh, Hedkvist Petersen, Kindermann, Krehl, Lehtinen, Leichtfried, Locatelli, Napoletano, Öger, Panzeri, Piecyk, Pittella, Prets, Roth-Behrendt, Sacconi, Schaldemose, Schapira, Scheele, Segelström, Tarand, Thomsen, Westlund

UEN: Muscardini, Piotrowski

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Abstention: 14

IND/DEM: Goudin, Krupa, Lundgren

NI: Baco, Kozlík, Mölzer, Rivera, Romagnoli, Vanhecke

PPE-DE: Dehaene, Kamall, Lewandowski

PSE: Occhetto

Verts/ALE: van Buitenen

26.   Report: Hieronymi A6-0399/2006

Amendment 175

For: 263

ALDE: Andria, Beaupuy, Bourlanges, Degutis, Deprez, Dičkutė, Griesbeck, Toia

GUE/NGL: Agnoletto, Aita, Brie, Catania, Flasarová, Henin, Holm, Kaufmann, Liotard, McDonald, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Ransdorf, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wurtz, Zimmer

IND/DEM: Bloom, Bonde, Booth, Clark, Farage, Knapman, Nattrass, Sinnott, Whittaker, Wise

NI: Belohorská, De Michelis, Martin Hans-Peter

PPE-DE: Bonsignore, Ehler, Graça Moura, de Grandes Pascual, Guellec, Pīks, Pirker, Silva Peneda, Ventre, Vernola

PSE: Andersson, Arif, Arnaoutakis, Barón Crespo, Beňová, Berès, van den Berg, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Gottardi, Grabowska, Gröner, Groote, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Laignel, Lambrinidis, Le Foll, Leichtfried, Leinen, Lévai, Liberadzki, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Aylward, Camre, Crowley, Janowski, Kuc, Muscardini, Musumeci, Ó Neachtain, Podkański, Ryan, Vaidere, Zīle

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Jonckheer, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 355

ALDE: Andrejevs, Attwooll, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Costa, Davies, Drčar Murko, Duff, Ek, Gentvilas, Gibault, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Sbarbati, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

GUE/NGL: de Brún, Pflüger, Wagenknecht

IND/DEM: Belder, Blokland, Coûteaux, Goudin, Karatzaferis, Krupa, Louis, Lundgren, Tomczak, de Villiers, Železný

NI: Allister, Battilocchio, Bobošíková, Chruszcz, Claeys, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez, Mölzer, Mote, Mussolini, Romagnoli, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Gräßle, Grosch, Grossetête, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pinheiro, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Schierhuber, Schnellhardt, Schöpflin, Seeber, Seeberg, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varvitsiotis, Vatanen, Veneto, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Batzeli, Désir, Grech, Gruber, Lehtinen

UEN: Angelilli, Berlato, Bielan, Borghezio, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Pęk, Piotrowski, Rogalski, Roszkowski, Rutowicz, Szymański, Tatarella, Wojciechowski Janusz, Zapałowski

Verts/ALE: Schlyter

Abstention: 11

GUE/NGL: Krarup

NI: Baco, Kozlík, Rivera

PPE-DE: Siekierski

PSE: McCarthy, Mann Erika, Rapkay, Roth-Behrendt

Verts/ALE: van Buitenen, Rühle

Corrections to votes

For

Harlem Désir, Katerina Batzeli

Against

Hubert Pirker, Ambroise Guellec,

27.   Report: Hieronymi A6-0399/2006

Amendment 176

For: 281

ALDE: Andria, Cocilovo, Costa, Degutis, Deprez, Dičkutė, Gibault, Griesbeck, Laperrouze, Lehideux, Losco, Morillon, Prodi, Samuelsen, Susta, Toia, Veraldi

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Bonde, Coûteaux, Goudin, Karatzaferis, Louis, Lundgren, Sinnott, de Villiers

NI: Martin Hans-Peter

PPE-DE: Ebner, Olbrycht, Seeberg

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Gottardi, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Camre, Kuc

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 368

ALDE: Andrejevs, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Davies, Drčar Murko, Duff, Ek, Gentvilas, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Virrankoski, Wallis

IND/DEM: Batten, Bloom, Booth, Clark, Farage, Knapman, Krupa, Nattrass, Tomczak, Whittaker, Wise, Železný

NI: Allister, Battilocchio, Bobošíková, Chruszcz, Claeys, De Michelis, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez, Mölzer, Mote, Mussolini, Romagnoli, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Goebbels, Paleckis

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Verts/ALE: Rühle

Abstention: 6

NI: Baco, Belohorská, Kozlík, Rivera

PSE: Rapkay

Verts/ALE: van Buitenen

Corrections to votes

For

Jean-Louis Bourlanges

Against

Rainer Wieland

28.   Report: Hieronymi A6-0399/2006

Amendments 193 + 236/1

For: 265

ALDE: Andria, Bourlanges, Cocilovo, Costa, Degutis, Deprez, Dičkutė, Losco, Prodi, Susta, Toia, Veraldi

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Karatzaferis, Sinnott

NI: Martin Hans-Peter

PPE-DE: Demetriou, Dimitrakopoulos, Ebner, Gklavakis, Hatzidakis, Kratsa-Tsagaropoulou, Mavrommatis, Mikolášik, Millán Mon, Panayotopoulos-Cassiotou, Papastamkos, Samaras, Trakatellis, Varvitsiotis, Vernola

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Chiesa, Christensen, Corbey, Correia, Cottigny, De Keyser, De Rossa, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Glante, Golik, Gomes, Gottardi, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Hegyi, Hughes, Hutchinson, Jöns, Jørgensen, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Laignel, Lambrinidis, Lavarra, Le Foll, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, Madeira, Maňka, Mann Erika, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Sornosa Martínez, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Yañez-Barnuevo García, Zingaretti

UEN: Camre, Kristovskis, Kuc, Vaidere, Zīle

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 379

ALDE: Andrejevs, Attwooll, Beaupuy, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Davies, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lehideux, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Virrankoski, Wallis

IND/DEM: Batten, Bloom, Bonde, Booth, Clark, Farage, Knapman, Lundgren, Nattrass, Tomczak, Whittaker, Wise, Železný

NI: Allister, Battilocchio, Bobošíková, Chruszcz, Claeys, De Michelis, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez, Mölzer, Mote, Mussolini, Rivera, Romagnoli, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mayer, Mayor Oreja, Méndez de Vigo, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, Novak, Olajos, Oomen-Ruijten, Őry, Ouzký, Pack, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Veneto, Ventre, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Cashman, Evans Robert, Gill, Goebbels, Honeyball, Howitt, Kinnock, Lehtinen, McAvan, McCarthy, Martin David, Morgan, Rapkay, Simpson, Siwiec, Skinner, Stihler, Titley, Willmott

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Wojciechowski Janusz, Zapałowski

Verts/ALE: Rühle

Abstention: 12

GUE/NGL: Krarup

IND/DEM: Coûteaux, Goudin, Krupa, Louis, de Villiers

NI: Baco, Belohorská, Kozlík

PSE: Herczog, Kindermann

Verts/ALE: van Buitenen

29.   Report: Hieronymi A6-0399/2006

Amendments 193 + 236/2

For: 126

ALDE: Andria, Cocilovo, Costa, Degutis, Deprez, Dičkutė, Losco, Prodi, Samuelsen, Susta, Toia, Veraldi

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Bonde, Karatzaferis, Sinnott

NI: Martin Hans-Peter

PPE-DE: Demetriou, Dimitrakopoulos, Ebner, Gklavakis, Hatzidakis, Kratsa-Tsagaropoulou, Mavrommatis, Panayotopoulos-Cassiotou, Papastamkos, Samaras, Seeberg, Trakatellis, Varvitsiotis

PSE: Andersson, Berlinguer, Chiesa, Christensen, Désir, Gill, Gomes, Gottardi, Gruber, Hedh, Hedkvist Petersen, Lavarra, Locatelli, Napoletano, Pittella, Rasmussen, Sacconi, Schaldemose, Scheele, Segelström, Thomsen, Westlund

UEN: Camre, Kristovskis, Vaidere, Zīle

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 518

ALDE: Andrejevs, Attwooll, Beaupuy, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Davies, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Virrankoski, Wallis

IND/DEM: Batten, Booth, Clark, Farage, Knapman, Krupa, Lundgren, Nattrass, Tomczak, Whittaker, Wise, Železný

NI: Allister, Battilocchio, Bobošíková, Chruszcz, Claeys, De Michelis, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez, Mölzer, Mote, Mussolini, Romagnoli, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, Berès, van den Berg, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, van den Burg, Busquin, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Glante, Goebbels, Golik, Grabowska, Grech, Gröner, Groote, Gurmai, Guy-Quint, Hänsch, Haug, Hazan, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Laignel, Lambrinidis, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schapira, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Wojciechowski Janusz, Zapałowski

Verts/ALE: Rühle

Abstention: 13

GUE/NGL: Manolakou, Pafilis

IND/DEM: Coûteaux, Goudin, Louis, de Villiers

NI: Baco, Belohorská, Kozlík, Rivera

PSE: Hegyi, Herczog

Verts/ALE: van Buitenen

30.   Report: Hieronymi A6-0399/2006

Amendment 162

For: 231

ALDE: Polfer

IND/DEM: Blokland, Krupa, Sinnott, Tomczak, Železný

NI: Battilocchio, Bobošíková, De Michelis, Dillen, Mussolini, Vanhecke

PPE-DE: Albertini, Andrikienė, Barsi-Pataky, Becsey, Belet, Berend, Böge, Braghetto, Brejc, Brepoels, Březina, Brunetta, Busuttil, Cabrnoch, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Chmielewski, Coelho, Coveney, De Blasio, Dehaene, Deß, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Eurlings, Fatuzzo, Ferber, Fernández Martín, Fjellner, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Gutiérrez-Cortines, Gyürk, Handzlik, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kudrycka, Kušķis, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, Mann Thomas, Mantovani, Marques, Martens, Mato Adrover, Mauro, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Ouzký, Pack, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Salafranca Sánchez-Neyra, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Strejček, Stubb, Surján, Szájer, Tajani, Thyssen, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Batzeli, Corbett

UEN: Angelilli, Berlato, Bielan, Borghezio, Czarnecki Marek Aleksander, Czarnecki Ryszard, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kuźmiuk, La Russa, Libicki, Masiel, Muscardini, Musumeci, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Szymański, Tatarella, Wojciechowski Janusz, Zapałowski

Against: 392

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Costa, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Belder, Karatzaferis, Lundgren

NI: Chruszcz, Giertych, Helmer, Rivera, Wojciechowski Bernard Piotr

PPE-DE: Ashworth, Atkins, Audy, Bachelot-Narquin, Bauer, Beazley, Bonsignore, Bowis, Bradbourn, Bushill-Matthews, Callanan, Chichester, Demetriou, Descamps, Deva, De Veyrac, Dimitrakopoulos, Dover, Elles, Evans Jonathan, Florenz, Fontaine, Gaubert, Gauzès, Grossetête, Guellec, Hannan, Harbour, Hatzidakis, Jackson, Kauppi, Kirkhope, Kratsa-Tsagaropoulou, Lamassoure, McMillan-Scott, Mathieu, Mavrommatis, Nicholson, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pleštinská, Saïfi, Samaras, Seeberg, Stevenson, Sturdy, Sudre, Sumberg, Tannock, Toubon, Trakatellis, Van Orden, Vlasto

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Haug, Hazan, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Aylward, Camre, Crowley, Didžiokas, Kristovskis, Kuc, Maldeikis, Ó Neachtain, Ryan, Vaidere, Zīle

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Abstention: 23

IND/DEM: Bonde, Coûteaux, Goudin, Louis, de Villiers

NI: Allister, Baco, Belohorská, Claeys, Gollnisch, Kozlík, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Mölzer, Mote, Romagnoli, Schenardi

PPE-DE: Daul

PSE: Kindermann

Verts/ALE: van Buitenen

Corrections to votes

Against

John Whittaker, Graham Booth, wwAnders Wijkman, Gerard Batten, Nigel Farage, Roger Knapman

31.   Report: Hieronymi A6-0399/2006

Amendment 208

For: 324

ALDE: Andrejevs, Attwooll, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Davies, Drčar Murko, Duff, Ek, Gentvilas, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Resetarits, Ries, Riis-Jørgensen, Savi, Schmidt Olle, Schuth, Staniszewska, Sterckx, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Virrankoski, Wallis

IND/DEM: Sinnott, Tomczak

NI: Allister, Battilocchio, De Michelis, Helmer, Mussolini, Rivera

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brunetta, Busuttil, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Deß, Deva, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Dover, Doyle, Duka-Zólyomi, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gewalt, Glattfelder, Goepel, Gomolka, Gräßle, de Grandes Pascual, Grosch, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kudrycka, Kušķis, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mato Adrover, Mauro, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Salafranca Sánchez-Neyra, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Stubb, Sturdy, Sumberg, Surján, Szájer, Tajani, Thyssen, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Ventre, Vernola, Vidal-Quadras, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zatloukal, Zieleniec, Zwiefka

PSE: Barón Crespo, Cashman, Corbett, Evans Robert, Gill, Honeyball, Howitt, Hughes, Kinnock, Locatelli, McCarthy, Martin David, Morgan, Simpson, Skinner, Stihler, Willmott

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Wojciechowski Janusz, Zapałowski, Zīle

Verts/ALE: Rühle

Against: 323

ALDE: Andria, Beaupuy, Bourlanges, Cocilovo, Costa, Degutis, Deprez, Dičkutė, Fourtou, Gibault, Griesbeck, Laperrouze, Lehideux, Losco, Morillon, Prodi, Samuelsen, Sbarbati, Susta, Toia, Veraldi

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Batten, Belder, Blokland, Bloom, Bonde, Booth, Clark, Coûteaux, Farage, Karatzaferis, Knapman, Louis, Nattrass, de Villiers, Whittaker, Wise, Železný

NI: Bobošíková, Chruszcz, Claeys, Giertych, Gollnisch, Lang, Le Pen Marine, Martinez, Mölzer, Mote, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Audy, Bachelot-Narquin, Bushill-Matthews, Cabrnoch, Descamps, De Veyrac, Dimitrakopoulos, Duchoň, Ebner, Fontaine, Gaubert, Gauzès, Gklavakis, Graça Moura, Grossetête, Guellec, Hatzidakis, Kratsa-Tsagaropoulou, Lamassoure, Mathieu, Mavrommatis, Ouzký, Panayotopoulos-Cassiotou, Papastamkos, Saïfi, Samaras, Seeberg, Škottová, Strejček, Sudre, Tannock, Toubon, Trakatellis, Veneto, Vlasák, Vlasto, Zahradil, Zvěřina

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Batzeli, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Capoulas Santos, Carlotti, Carnero González, Castex, Cercas, Chiesa, Christensen, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Hegyi, Hutchinson, Jöns, Jørgensen, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, McAvan, Madeira, Maňka, Mann Erika, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Siwiec, Sornosa Martínez, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Yañez-Barnuevo García, Zingaretti

UEN: Kuc, Piotrowski, Vaidere

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Abstention: 12

ALDE: Starkevičiūtė

IND/DEM: Goudin, Krupa, Lundgren

NI: Baco, Belohorská, Kozlík, Martin Hans-Peter, Romagnoli, Vanhecke

PSE: Kindermann

Verts/ALE: van Buitenen

Corrections to votes

Against

Michael Cramer, Erika Mann, Pia Elda Locatelli

32.   Report: Hieronymi A6-0399/2006

Amendment 208/2

For: 120

ALDE: Andrejevs, Attwooll, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Costa, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Gentvilas, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Sterckx, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Virrankoski, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, Kohlíček, McDonald, Maštálka, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Strož, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Sinnott

NI: Allister, Belohorská, Mussolini

PPE-DE: Callanan, Deva, Dover, Hannan, Heaton-Harris, Kamall, Kauppi, Protasiewicz, Purvis, Sartori, Sturdy, Sumberg, Tannock, Van Orden

PSE: Cashman, Corbett, Herczog, Honeyball, Howitt, Hughes, McAvan, McCarthy, Martin David, Skinner, Stihler, Titley, Willmott

UEN: Aylward, Crowley, Ó Neachtain, Ryan, Vaidere

Verts/ALE: Cramer, Rühle

Against: 530

ALDE: Andria, Beaupuy, Cocilovo, Fourtou, Gibault, Griesbeck, Laperrouze, Lehideux, Losco, Morillon, Prodi, Resetarits, Ries, Samuelsen, Starkevičiūtė, Susta, Toia, Veraldi

GUE/NGL: Holm, Krarup, Liotard, Manolakou, Meijer, Meyer Pleite, Pafilis, Seppänen, Svensson

IND/DEM: Batten, Belder, Blokland, Bloom, Bonde, Booth, Clark, Coûteaux, Farage, Goudin, Karatzaferis, Knapman, Krupa, Lundgren, Nattrass, Tomczak, Whittaker, Wise, Železný

NI: Battilocchio, Bobošíková, Chruszcz, Claeys, De Michelis, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Mölzer, Mote, Rivera, Romagnoli, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Hatzidakis, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sudre, Surján, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Chiesa, Christensen, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Hegyi, Hutchinson, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, Madeira, Maňka, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Sornosa Martínez, Sousa Pinto, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Berlato, Bielan, Borghezio, Camre, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Szymański, Tatarella, Wojciechowski Janusz, Zapałowski, Zīle

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Abstention: 9

NI: Baco, Kozlík

PPE-DE: McGuinness, Siekierski, Ventre

PSE: Evans Robert, Gill, Mann Erika

Verts/ALE: van Buitenen

Corrections to votes

Against

Jean-Louis Bourlanges

33.   Report: Hieronymi A6-0399/2006

Amendments 158 + 180

For: 276

ALDE: Andria, Beaupuy, Bourlanges, Cocilovo, Costa, Degutis, Deprez, Dičkutė, Fourtou, Gibault, Griesbeck, Jäätteenmäki, Jensen, Laperrouze, Lehideux, Losco, Morillon, Prodi, Riis-Jørgensen, Samuelsen, Susta, Veraldi

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Bonde, Karatzaferis, Sinnott

NI: Martin Hans-Peter, Rivera

PPE-DE: Ebner, Seeberg

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, Busquin, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Golik, Gomes, Gottardi, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Hegyi, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Camre, Kuc

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 374

ALDE: Andrejevs, Attwooll, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Davies, Drčar Murko, Duff, Ek, Gentvilas, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Resetarits, Ries, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Virrankoski, Wallis

GUE/NGL: Manolakou, Pafilis

IND/DEM: Batten, Bloom, Booth, Clark, Farage, Goudin, Knapman, Krupa, Lundgren, Nattrass, Tomczak, Whittaker, Wise, Železný

NI: Allister, Battilocchio, Belohorská, Bobošíková, Chruszcz, Claeys, De Michelis, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez, Mölzer, Mote, Mussolini, Romagnoli, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Cashman, Goebbels, McCarthy

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Abstention: 12

IND/DEM: Coûteaux, Louis, de Villiers

NI: Baco, Kozlík

PSE: van den Burg, Herczog, Mann Erika, Rapkay, Roth-Behrendt

Verts/ALE: van Buitenen, Rühle

Corrections to votes

For

Ieke van den Burg

34.   Report: Hieronymi A6-0399/2006

Amendment 169

For: 183

ALDE: Beaupuy, Bourlanges, Degutis, Deprez, Dičkutė, Drčar Murko, Ek, Gibault, Griesbeck, Lambsdorff, Laperrouze, Lehideux, Morillon, Samuelsen, Schmidt Olle, Starkevičiūtė

GUE/NGL: Agnoletto, Aita, Brie, Figueiredo, Flasarová, Holm, Kaufmann, Kohlíček, Krarup, Liotard, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Strož, Svensson, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Bonde, Goudin, Karatzaferis, Lundgren, Sinnott

NI: Martin Hans-Peter, Mussolini

PPE-DE: Busuttil, Casa, Cederschiöld, Ebner, McGuinness, Mitchell, Vakalis, Wijkman

PSE: Andersson, Barón Crespo, Berès, van den Berg, Berlinguer, Berman, Bono, Bourzai, Bullmann, Casaca, Castex, Christensen, Corbey, De Keyser, De Rossa, Désir, Dobolyi, Estrela, Ettl, Evans Robert, Fazakas, Ferreira Anne, Ferreira Elisa, Gebhardt, Gill, Gomes, Gröner, Groote, Gurmai, Guy-Quint, Hänsch, Haug, Hazan, Hedh, Hedkvist Petersen, Hegyi, Honeyball, Howitt, Hutchinson, Kinnock, Kósáné Kovács, Laignel, Leichtfried, Leinen, Lévai, Liberadzki, McAvan, Maňka, Martin David, Martínez Martínez, Morgan, Myller, Paasilinna, Pinior, Pleguezuelos Aguilar, Poignant, Rasmussen, Reynaud, Rocard, Roure, dos Santos, Savary, Schaldemose, Scheele, Segelström, Simpson, Skinner, Stihler, Szejna, Tarabella, Tarand, Thomsen, Titley, Trautmann, Weber Henri, Weiler, Westlund, Willmott

UEN: Angelilli, Aylward, Berlato, Borghezio, Camre, Crowley, Didžiokas, Foglietta, Gobbo, Kristovskis, La Russa, Maldeikis, Masiel, Musumeci, Ó Neachtain, Piotrowski, Ryan, Tatarella, Vaidere, Zīle

Verts/ALE: Aubert, Auken, Beer, Breyer, Buitenweg, Cramer, Evans Jill, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Isler Béguin, Joan i Marí, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lipietz, Lucas, Özdemir, Romeva i Rueda, Schlyter, Schroedter, Turmes, Voggenhuber, Ždanoka

Against: 428

ALDE: Andrejevs, Andria, Attwooll, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Costa, Davies, Duff, Fourtou, Gentvilas, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lax, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schuth, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

GUE/NGL: Catania, de Brún, Guerreiro, Guidoni, Henin, McDonald, Rizzo, Triantaphyllides, Wagenknecht

IND/DEM: Batten, Bloom, Booth, Clark, Coûteaux, Farage, Knapman, Krupa, Louis, Nattrass, Tomczak, de Villiers, Whittaker, Wise, Železný

NI: Allister, Battilocchio, Belohorská, Bobošíková, Chruszcz, De Michelis, Giertych, Helmer, Mote, Rivera, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brunetta, Bushill-Matthews, Cabrnoch, Callanan, Casini, Caspary, Castiglione, del Castillo Vera, Chichester, Chmielewski, Coelho, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Ayala Sender, Badia I Cutchet, Beňová, Berger, Bösch, Busquin, Carlotti, Carnero González, Cashman, Cercas, Chiesa, Correia, Cottigny, De Vits, Díez González, Douay, Fruteau, García Pérez, Geringer de Oedenberg, Glante, Goebbels, Golik, Gottardi, Grabowska, Grech, Gruber, Hamon, Herczog, Hughes, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Lavarra, Le Foll, Lehtinen, Locatelli, McCarthy, Madeira, Mastenbroek, Menéndez del Valle, Miguélez Ramos, Moscovici, Navarro, Obiols i Germà, Occhetto, Öger, Pahor, Panzeri, Patrie, Piecyk, Pittella, Prets, Riera Madurell, Rosati, Roth-Behrendt, Rothe, Sacconi, Salinas García, Sánchez Presedo, Siwiec, Sornosa Martínez, Tabajdi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Yañez-Barnuevo García, Zingaretti

UEN: Bielan, Czarnecki Marek Aleksander, Czarnecki Ryszard, Foltyn-Kubicka, Grabowski, Janowski, Kuc, Kuźmiuk, Libicki, Muscardini, Pęk, Podkański, Rogalski, Roszkowski, Rutowicz, Szymański, Wojciechowski Janusz, Zapałowski

Verts/ALE: Cohn-Bendit, Graefe zu Baringdorf, Jonckheer, Onesta, Rühle, Smith, Staes, Trüpel

Abstention: 39

NI: Baco, Gollnisch, Kozlík, Lang, Le Pen Marine, Le Rachinel, Martinez, Mölzer, Romagnoli, Schenardi, Vanhecke

PPE-DE: Coveney, Wieland

PSE: Arif, Arnaoutakis, Batzeli, Bozkurt, Capoulas Santos, Dührkop Dührkop, Fernandes, Gierek, Kuhne, Lambrinidis, Mann Erika, Matsouka, Medina Ortega, Muscat, Napoletano, Paleckis, Peillon, Rouček, Sakalas, Stockmann, Tzampazi, Wiersma

Verts/ALE: Bennahmias, van Buitenen, Frassoni, Lichtenberger

Corrections to votes

For

Sérgio Sousa Pinto, Gérard Onesta, Marian Harkin, Pierre Moscovici

Against

Erika Mann

35.   Report: Hieronymi A6-0399/2006

Amendments 166 + 179

For: 139

ALDE: Andria, Costa, Degutis, Deprez, Dičkutė, Losco, Samuelsen, Susta, Toia, Veraldi

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Bloom, Booth, Clark, Farage, Goudin, Knapman, Lundgren, Nattrass, Sinnott, Whittaker, Wise, Železný

NI: Bobošíková, Claeys, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Mölzer, Romagnoli, Schenardi

PPE-DE: Cabrnoch, Duchoň, Hybášková, Ouzký, Škottová, Strejček, Zahradil, Zvěřina

PSE: Andersson, Beňová, Berlinguer, Casaca, Chiesa, Christensen, Désir, Gill, Gomes, Gottardi, Grech, Gruber, Hedh, Hedkvist Petersen, Lavarra, Napoletano, Panzeri, Rasmussen, Sacconi, Schaldemose, Segelström, Tarand, Thomsen, Westlund

UEN: Camre, Piotrowski

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 505

ALDE: Andrejevs, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Davies, Drčar Murko, Duff, Ek, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Virrankoski, Wallis

IND/DEM: Belder, Blokland, Karatzaferis, Krupa, Tomczak

NI: Allister, Battilocchio, Belohorská, Chruszcz, De Michelis, Giertych, Helmer, Martinez, Mussolini, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brunetta, Bushill-Matthews, Busuttil, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zatloukal, Zieleniec, Zwiefka

PSE: Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Berès, van den Berg, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, van den Burg, Busquin, Capoulas Santos, Carlotti, Carnero González, Cashman, Castex, Cercas, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Glante, Goebbels, Golik, Grabowska, Gröner, Groote, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Laignel, Lambrinidis, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Navarro, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schapira, Scheele, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Wiersma, Willmott, Yañez-Barnuevo García

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Abstention: 13

ALDE: Fourtou

IND/DEM: Bonde, Coûteaux, Louis, de Villiers

NI: Baco, Dillen, Kozlík, Mote, Rivera

PSE: Locatelli, Roth-Behrendt

Verts/ALE: van Buitenen

Corrections to votes

For

Jens-Peter Bonde

36.   Report: Hieronymi A6-0399/2006

Amendment 178

For: 285

ALDE: Andria, Beaupuy, Bourlanges, Cocilovo, Costa, Degutis, Deprez, Dičkutė, Gibault, Griesbeck, Laperrouze, Lehideux, Losco, Morillon, Prodi, Samuelsen, Susta, Toia, Veraldi

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Bonde, Coûteaux, Goudin, Louis, Lundgren, Sinnott, de Villiers

NI: Martin Hans-Peter

PPE-DE: Seeberg, Varvitsiotis, Ventre, von Wogau

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gierek, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Laignel, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, Madeira, Maňka, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Aylward, Camre, Crowley, Didžiokas, Kuc, Maldeikis, Musumeci, Ó Neachtain, Ryan

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber

Against: 368

ALDE: Andrejevs, Attwooll, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Davies, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Virrankoski, Wallis

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Clark, Farage, Karatzaferis, Knapman, Krupa, Nattrass, Tomczak, Whittaker, Wise, Železný

NI: Allister, Battilocchio, Belohorská, Bobošíková, Chruszcz, Claeys, De Michelis, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez, Mölzer, Mote, Mussolini, Rivera, Romagnoli, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Vatanen, Veneto, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Cashman, McCarthy

UEN: Angelilli, Berlato, Bielan, Borghezio, Czarnecki Marek Aleksander, Czarnecki Ryszard, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuźmiuk, La Russa, Libicki, Masiel, Muscardini, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Verts/ALE: Ždanoka

Abstention: 7

GUE/NGL: Manolakou, Pafilis

NI: Baco, Kozlík

PPE-DE: Cederschiöld

PSE: Mann Erika

Verts/ALE: van Buitenen

Corrections to votes

Against

Rainer Wieland

37.   Report: Hieronymi A6-0399/2006

Amendments 182 + 197/1

For: 327

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Costa, Davies, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Bonde, Goudin, Lundgren, Sinnott

NI: Battilocchio, Belohorská, De Michelis, Martin Hans-Peter, Rivera

PPE-DE: Ebner, Garriga Polledo, Vakalis, Wijkman

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gill, Glante, Golik, Gomes, Gottardi, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jørgensen, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Laignel, Lambrinidis, Lavarra, Le Foll, Leichtfried, Leinen, Lévai, Liberadzki, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Camre, Kuc

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 313

ALDE: Polfer, Takkula

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Clark, Farage, Karatzaferis, Knapman, Tomczak, Whittaker, Wise, Železný

NI: Allister, Baco, Bobošíková, Chruszcz, Claeys, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez, Mölzer, Mote, Mussolini, Romagnoli, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Březina, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Toubon, Trakatellis, Ulmer, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Goebbels, Lehtinen

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Abstention: 14

ALDE: Samuelsen

IND/DEM: Coûteaux, Krupa, Louis, de Villiers

NI: Kozlík

PPE-DE: Belet, Brepoels, Dehaene, Thyssen

PSE: Jöns, Kindermann, Roth-Behrendt

Verts/ALE: van Buitenen

38.   Report: Hieronymi A6-0399/2006

Amendments 182 + 197/2

For: 270

ALDE: Andria, Beaupuy, Cocilovo, Costa, Gibault, Griesbeck, Laperrouze, Lehideux, Losco, Morillon, Prodi, Susta, Toia, Veraldi

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Goudin, Lundgren, Sinnott

NI: Le Pen Marine, Martin Hans-Peter, Mölzer, Schenardi

PPE-DE: Ebner, Vakalis

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Estrela, Ettl, Evans Robert, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Laignel, Lambrinidis, Lavarra, Le Foll, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Kuc

Verts/ALE: Aubert, Auken, Beer, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 366

ALDE: Andrejevs, Attwooll, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Davies, Degutis, Deprez, Dičkutė, Duff, Ek, Fourtou, Gentvilas, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Virrankoski, Wallis

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Clark, Farage, Karatzaferis, Knapman, Krupa, Nattrass, Tomczak, Whittaker, Wise, Železný

NI: Allister, Battilocchio, Belohorská, Bobošíková, Chruszcz, Claeys, Dillen, Giertych, Helmer, Lang, Le Rachinel, Mote, Mussolini, Rivera, Romagnoli, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Březina, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grossetête, Guellec, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Toubon, Trakatellis, Ulmer, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Lehtinen

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Verts/ALE: Jonckheer

Abstention: 14

ALDE: Samuelsen

IND/DEM: Bonde, Coûteaux, Louis, de Villiers

NI: Baco, Kozlík, Martinez

PPE-DE: Belet, Brepoels, Dehaene, Thyssen

PSE: Kindermann

Verts/ALE: van Buitenen

39.   Report: Hieronymi A6-0399/2006

Amendment 170

For: 133

ALDE: Beaupuy, Bourlanges, Degutis, Deprez, Dičkutė, Drčar Murko, Fourtou, Gibault, Griesbeck, Lambsdorff, Laperrouze, Lehideux, Morillon, Samuelsen, Susta, Toia, Veraldi

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Bonde, Coûteaux, Goudin, Karatzaferis, Louis, Sinnott, de Villiers

NI: Martin Hans-Peter

PPE-DE: Brejc, Brepoels, Doyle, Grosch, Ibrisagic, Jordan Cizelj, McGuinness, Mitchell, Montoro Romero, Novak, Seeberg, Záborská

PSE: Andersson, Beňová, Berman, Bösch, Chiesa, Corbey, Ettl, Grech, Hazan, Hedh, Hedkvist Petersen, Leichtfried, McAvan, Muscat, Paleckis, Poignant, Schapira, Scheele, Segelström, Skinner, Westlund

UEN: Camre, Didžiokas, Kristovskis, Zīle

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 513

ALDE: Andrejevs, Andria, Attwooll, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Costa, Davies, Duff, Ek, Gentvilas, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lax, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Virrankoski, Wallis

IND/DEM: Batten, Bloom, Booth, Clark, Farage, Knapman, Krupa, Nattrass, Tomczak, Whittaker, Wise, Železný

NI: Allister, Baco, Battilocchio, Belohorská, Bobošíková, Chruszcz, De Michelis, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez, Mote, Mussolini, Rivera, Romagnoli, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Březina, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Berès, van den Berg, Berger, Berlinguer, Bono, Bourzai, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leinen, Lévai, Liberadzki, Locatelli, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Panzeri, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Sifunakis, Simpson, Siwiec, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski

Verts/ALE: Jonckheer

Abstention: 10

GUE/NGL: Manolakou, Pafilis

IND/DEM: Lundgren

NI: Kozlík, Vanhecke

PPE-DE: Coveney

PSE: Bozkurt

UEN: Piotrowski

Verts/ALE: van Buitenen, Rühle

Corrections to votes

For

Ivo Belet, Ole Christensen, Christel Schaldemose, Poul Nyrup Rasmussen, Dan Jørgensen

Against

Rainer Wieland, Nils Lundgren

40.   Report: Hieronymi A6-0399/2006

Amendment 173

For: 87

ALDE: Bourlanges, Degutis, Deprez, Dičkutė, Drčar Murko, Lambsdorff, Losco, Prodi, Samuelsen, Susta, Toia, Veraldi

GUE/NGL: de Brún, Guerreiro, Guidoni, Holm, Krarup, Liotard, McDonald, Manolakou, Meijer, Pafilis, Pflüger, Rizzo, Seppänen, Svensson, Triantaphyllides, Wagenknecht

IND/DEM: Bonde, Coûteaux, Goudin, Louis, Lundgren, Sinnott, de Villiers

NI: Belohorská, Martin Hans-Peter

PPE-DE: Peterle, Seeberg

PSE: Andersson, Chiesa, Hedh, Hedkvist Petersen, Segelström, Tarand, Westlund

UEN: Camre, Czarnecki Ryszard, Wojciechowski Janusz, Zapałowski

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 558

ALDE: Andrejevs, Andria, Attwooll, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Costa, Davies, Duff, Ek, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Virrankoski, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, Figueiredo, Flasarová, Henin, Kaufmann, Kohlíček, Maštálka, Meyer Pleite, Musacchio, Papadimoulis, Portas, Ransdorf, Remek, Strož, Wurtz, Zimmer

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Clark, Farage, Karatzaferis, Knapman, Nattrass, Tomczak, Whittaker, Wise, Železný

NI: Allister, Battilocchio, Bobošíková, Chruszcz, De Michelis, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez, Mote, Mussolini, Rivera, Romagnoli, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, Berès, van den Berg, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Öger, Paasilinna, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Crowley, Czarnecki Marek Aleksander, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Podkański, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Zīle

Verts/ALE: Rühle

Abstention: 9

IND/DEM: Krupa

NI: Baco, Claeys, Kozlík, Vanhecke

UEN: Grabowski, Piotrowski, Rogalski

Verts/ALE: van Buitenen

41.   Report: Hieronymi A6-0399/2006

Amendment 171

For: 88

ALDE: Degutis, Deprez, Dičkutė, Losco, Samuelsen, Susta, Toia, Veraldi

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Sinnott

NI: Martin Hans-Peter

PPE-DE: Seeberg

PSE: Andersson, Chiesa, Haug, Hedh, Hedkvist Petersen, Segelström, Tarand, Westlund

UEN: Camre

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 546

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Costa, Davies, Duff, Ek, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Virrankoski, Wallis

GUE/NGL: Henin

IND/DEM: Batten, Belder, Blokland, Bloom, Booth, Clark, Farage, Goudin, Karatzaferis, Knapman, Krupa, Lundgren, Nattrass, Tomczak, Whittaker, Wise, Železný

NI: Allister, Battilocchio, Belohorská, Bobošíková, Chruszcz, De Michelis, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez, Mote, Mussolini, Rivera, Romagnoli, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Gröner, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Hazan, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kinnock, Kósáné Kovács, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Laignel, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Öger, Paasilinna, Pahor, Paleckis, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Thomsen, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Abstention: 12

GUE/NGL: Manolakou, Pafilis

IND/DEM: Coûteaux, Louis, de Villiers

NI: Baco, Dillen, Kozlík, Vanhecke

PSE: Hegyi

Verts/ALE: van Buitenen, Rühle

42.   Report: Groote A6-0301/2006

Block 1

For: 621

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Costa, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Goudin, Karatzaferis, Lundgren, Sinnott, Tomczak, Železný

NI: Battilocchio, Belohorská, Bobošíková, Chruszcz, Claeys, De Michelis, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Mussolini, Rivera, Romagnoli, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, López-Istúriz White, Lulling, Maat, McGuinness, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, 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, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kósáné Kovács, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 10

IND/DEM: Batten, Bloom, Bonde, Clark, Knapman, Nattrass, Whittaker, Wise

NI: Baco

UEN: Angelilli

Abstention: 10

IND/DEM: Coûteaux, Krupa, Louis, de Villiers

NI: Allister, Kozlík, Mote

PPE-DE: Ventre

UEN: Piotrowski

Verts/ALE: van Buitenen

43.   Report: Groote A6-0301/2006

Amendment 73

For: 545

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Costa, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

IND/DEM: Bloom, Clark, Goudin, Knapman, Krupa, Lundgren, Nattrass, Sinnott, Tomczak, Whittaker, Wise, Železný

NI: Battilocchio, Belohorská, Chruszcz, Claeys, De Michelis, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez, Mussolini, Rivera, Romagnoli, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Veneto, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, 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, Chiesa, Christensen, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gill, Glante, Goebbels, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Kindermann, Kósáné Kovács, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Patrie, Peillon, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Against: 78

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Bonde, Karatzaferis

NI: Bobošíková, Martin Hans-Peter

PPE-DE: Hybášková, Millán Mon, Schwab

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel

Abstention: 9

IND/DEM: Coûteaux, Louis, de Villiers

NI: Allister, Baco, Kozlík, Mote

PPE-DE: Ventre

Verts/ALE: van Buitenen

Corrections to votes

Against

Claude Turmes

44.   Report: Groote A6-0301/2006

Amendment 118/1

For: 619

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Costa, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Gibault, Griesbeck, Hall, Harkin, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Matsakis, Mohácsi, Morillon, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Bonde, Sinnott, Tomczak, Železný

NI: Allister, Battilocchio, Belohorská, Chruszcz, Claeys, De Michelis, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Mussolini, Rivera, Romagnoli, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, 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, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kósáné Kovács, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, 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, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 19

ALDE: Hennis-Plasschaert, Maaten, Manders, Mulder

IND/DEM: Batten, Belder, Blokland, Bloom, Clark, Goudin, Karatzaferis, Knapman, Lundgren, Nattrass, Whittaker, Wise

NI: Bobošíková

PPE-DE: Wijkman, Wortmann-Kool

Abstention: 7

IND/DEM: Krupa

NI: Baco, Kozlík, Mote

PPE-DE: Maat

UEN: Piotrowski

Verts/ALE: van Buitenen

45.   Report: Groote A6-0301/2006

Amendment 118/2

For: 520

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Cocilovo, Costa, Degutis, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Matsakis, Mohácsi, Morillon, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

IND/DEM: Goudin, Lundgren, Sinnott, Tomczak, Železný

NI: Allister, Battilocchio, Belohorská, De Michelis, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez, Mussolini, Rivera, Romagnoli, Schenardi, Vanhecke

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Higgins, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, Berès, van den Berg, Berger, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Hänsch, Hamon, Haug, Hazan, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kósáné Kovács, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Öger, Paasilinna, Pahor, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Against: 103

ALDE: Deprez, Hennis-Plasschaert, Maaten, Manders, Mulder

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Batten, Belder, Blokland, Bloom, Bonde, Clark, Karatzaferis, Knapman, Nattrass, Whittaker, Wise

NI: Bobošíková, Chruszcz, Claeys, Dillen, Giertych, Martin Hans-Peter, Wojciechowski Bernard Piotr

PPE-DE: Belet, Brepoels, Dehaene, Grosch, Maat, Thyssen, Wijkman, Wortmann-Kool

Verts/ALE: Aubert, Auken, Beer, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Abstention: 10

IND/DEM: Coûteaux, Krupa, Louis, de Villiers

NI: Baco, Kozlík, Mote

UEN: Borghezio, Gobbo

Verts/ALE: van Buitenen

46.   Report: Groote A6-0301/2006

Amendment 60

For: 136

ALDE: Andria, Deprez, Ek, Hennis-Plasschaert, in 't Veld, Maaten, Manders, Matsakis, Mulder, Schmidt Olle, Starkevičiūtė, Toia

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Bloom, Clark, Goudin, Karatzaferis, Knapman, Lundgren, Nattrass, Sinnott, Whittaker, Wise

NI: Claeys, Dillen, Martin Hans-Peter, Vanhecke

PPE-DE: Belet, Brepoels, Dehaene, Doorn, Grosch, Maat, Oomen-Ruijten, Seeberg, Surján, Thyssen, Ventre, Wijkman, Wortmann-Kool

PSE: van den Berg, Berman, Bozkurt, van den Burg, Corbey, De Keyser, De Vits, Gottardi, Hutchinson, Mastenbroek, Peillon, Tarabella, Van Lancker, Vaugrenard

UEN: Aylward, Camre, Crowley, Czarnecki Ryszard, Musumeci, Ó Neachtain, Piotrowski, Ryan

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 496

ALDE: Andrejevs, Attwooll, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Costa, Degutis, Dičkutė, Drčar Murko, Duff, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Mohácsi, Morillon, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Sbarbati, Schuth, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

IND/DEM: Bonde, Tomczak, Železný

NI: Allister, Battilocchio, Belohorská, Bobošíková, Chruszcz, De Michelis, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez, Mote, Mussolini, Romagnoli, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Szájer, Tajani, Tannock, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, Berès, Berger, Berlinguer, Bösch, Bono, Bourzai, Bullmann, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Chiesa, Christensen, Corbett, Correia, Cottigny, De Rossa, Désir, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gill, Glante, Goebbels, Golik, Gomes, Grabowska, Grech, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Jöns, Jørgensen, Kindermann, Kósáné Kovács, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Piecyk, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Thomsen, Titley, Trautmann, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Berlato, Bielan, Borghezio, Czarnecki Marek Aleksander, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Pęk, Podkański, Rogalski, Roszkowski, Rutowicz, Szymański, Tatarella, Vaidere, Zapałowski, Zīle

Abstention: 6

IND/DEM: Krupa

NI: Baco, Kozlík, Rivera

PSE: Wiersma

Verts/ALE: van Buitenen

Corrections to votes

For

Camiel Eurlings

47.   Report: Groote A6-0301/2006

Amendment 91

For: 520

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Costa, Degutis, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Harkin, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Matsakis, Mohácsi, Morillon, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Sbarbati, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

IND/DEM: Belder, Blokland, Karatzaferis, Krupa, Sinnott, Tomczak, Železný

NI: Battilocchio, Belohorská, Bobošíková, Chruszcz, De Michelis, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Mussolini, Rivera, Romagnoli, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grossetête, Guellec, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, Berès, Berger, Bösch, Bono, Bourzai, Bullmann, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kósáné Kovács, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Navarro, Öger, Paasilinna, Pahor, Paleckis, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarand, Thomsen, Titley, Trautmann, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Verts/ALE: Graefe zu Baringdorf, Hammerstein Mintz, Voggenhuber

Against: 107

ALDE: Deprez, Hennis-Plasschaert, Maaten, Manders, Mulder, Schmidt Olle

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Batten, Bloom, Bonde, Clark, Goudin, Knapman, Lundgren, Nattrass, Whittaker, Wise

PPE-DE: Belet, Brepoels, Dehaene, Maat, Montoro Romero, Sonik, Vernola, Wijkman, Wortmann-Kool

PSE: van den Berg, Berlinguer, Berman, Bozkurt, van den Burg, Corbey, Mastenbroek, Napoletano, Tarabella, Van Lancker, Vaugrenard, Vergnaud

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, de Groen-Kouwenhoven, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Ždanoka

Abstention: 11

ALDE: Hall

IND/DEM: Louis, de Villiers

NI: Allister, Baco, Kozlík, Mote

PPE-DE: Ventre

PSE: Leichtfried, Wiersma

Verts/ALE: van Buitenen

48.   Report: Groote A6-0301/2006

Amendment 116

For: 552

ALDE: Andrejevs, Andria, Attwooll, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Costa, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Gibault, Griesbeck, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

IND/DEM: Belder, Blokland, Bonde, Karatzaferis, Krupa, Sinnott, Tomczak, Železný

NI: Battilocchio, Belohorská, Bobošíková, Chruszcz, Claeys, De Michelis, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez, Mussolini, Rivera, Romagnoli, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, 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, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kósáné Kovács, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Öger, Paasilinna, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Verts/ALE: Voggenhuber

Against: 83

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Batten, Bloom, Clark, Goudin, Knapman, Lundgren, Nattrass, Whittaker, Wise

NI: Martin Hans-Peter, Mote

PPE-DE: Wijkman

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Ždanoka

Abstention: 5

NI: Allister, Baco, Kozlík

PPE-DE: McMillan-Scott

Verts/ALE: van Buitenen

49.   Report: Groote A6-0301/2006

Amendment 59

For: 111

ALDE: Hennis-Plasschaert, Losco, Maaten, Manders, Samuelsen

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Bonde, Goudin, Karatzaferis, Krupa, Lundgren, Sinnott

NI: Allister, Bobošíková, Chruszcz, Claeys, Dillen, Giertych, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Romagnoli, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Oomen-Ruijten

PSE: van den Berg, Berman, Bozkurt, van den Burg, Corbey, Hutchinson, Mastenbroek

UEN: Borghezio, Camre, Gobbo

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 517

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Costa, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Fourtou, Gentvilas, Gibault, Harkin, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Ludford, Lynne, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

IND/DEM: Batten, Bloom, Clark, Knapman, Nattrass, Tomczak, Whittaker, Wise

NI: Battilocchio, Belohorská, De Michelis, Helmer, Mussolini

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, aSaryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, Berès, Berger, Berlinguer, Bono, Bourzai, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Hänsch, Hamon, Haug, Hazan, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Jöns, Jørgensen, Kindermann, Kósáné Kovács, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Öger, Paasilinna, Paleckis, Panzeri, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Abstention: 13

ALDE: Hall

IND/DEM: Coûteaux, Louis, de Villiers, Železný

NI: Baco, Kozlík, Mote, Rivera

PSE: Bösch, Wiersma

UEN: Piotrowski

Verts/ALE: van Buitenen

50.   Report: Groote A6-0301/2006

Amendment 130

For: 546

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Costa, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

IND/DEM: Belder, Blokland, Karatzaferis, Sinnott, Tomczak, Železný

NI: Battilocchio, Belohorská, Bobošíková, Claeys, De Michelis, Dillen, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Mussolini, Rivera, Romagnoli, Schenardi, Vanhecke

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, Berès, van den Berg, Berger, Berlinguer, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kósáné Kovács, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Patrie, Peillon, Piecyk, Pinior, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Wojciechowski Janusz, Zapałowski, Zīle

Against: 93

ALDE: Szent-Iványi

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Batten, Bloom, Bonde, Clark, Goudin, Knapman, Lundgren, Nattrass, Whittaker, Wise

NI: Chruszcz, Giertych, Martin Hans-Peter, Wojciechowski Bernard Piotr

PPE-DE: Vernola, Wijkman

PSE: Pittella, Titley

UEN: Vaidere

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Abstention: 10

IND/DEM: Coûteaux, Krupa, Louis, de Villiers

NI: Allister, Baco, Kozlík, Martinez, Mote

Verts/ALE: van Buitenen

51.   Report: Groote A6-0301/2006

Commission proposal

For: 537

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Costa, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

IND/DEM: Belder, Blokland, Bonde, Goudin, Karatzaferis, Lundgren, Sinnott, Tomczak, Železný

NI: Battilocchio, Belohorská, Bobošíková, De Michelis, Dillen, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martinez, Mussolini, Rivera, Romagnoli, Schenardi, Vanhecke

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Langen, Langendries, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Sumberg, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, Berès, van den Berg, Berger, Berlinguer, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grech, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kósáné Kovács, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Tzampazi, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Against: 88

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Batten, Bloom, Clark, Knapman, Nattrass, Wise

NI: Chruszcz, Claeys, Giertych, Martin Hans-Peter, Mote, Wojciechowski Bernard Piotr

PPE-DE: Vernola

PSE: Corbey, Van Lancker

UEN: Crowley

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Abstention: 12

IND/DEM: Coûteaux, Krupa, Louis, de Villiers, Whittaker

NI: Allister, Baco, Kozlík

PPE-DE: Lauk, McMillan-Scott, Wijkman

Verts/ALE: van Buitenen

52.   Report: Groote A6-0301/2006

Resolution

For: 540

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Costa, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gentvilas, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

IND/DEM: Belder, Blokland, Bonde, Goudin, Karatzaferis, Lundgren, Sinnott, Tomczak, Železný

NI: Battilocchio, Belohorská, Bobošíková, Claeys, De Michelis, Dillen, Gollnisch, Kozlík, Lang, Le Pen Marine, Le Rachinel, Martinez, Mussolini, Rivera, Romagnoli, Schenardi, Vanhecke

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Bushill-Matthews, Busuttil, Cabrnoch, Callanan, Casa, Casini, Caspary, Castiglione, Cederschiöld, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fjellner, Fontaine, Fraga Estévez, Freitas, Friedrich, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McGuinness, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Ribeiro e Castro, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zieleniec, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Barón Crespo, Batzeli, Beňová, Berès, van den Berg, Berger, Berlinguer, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Correia, Cottigny, De Keyser, De Rossa, Désir, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gill, Glante, Goebbels, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kósáné Kovács, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Against: 87

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Batten, Bloom, Clark, Knapman, Nattrass, Whittaker, Wise

NI: Chruszcz, Giertych, Martin Hans-Peter, Mote, Wojciechowski Bernard Piotr

PSE: Corbey, Van Lancker

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Abstention: 9

IND/DEM: Coûteaux, Krupa, Louis, de Villiers

NI: Allister, Baco

PPE-DE: Lauk, Wijkman

Verts/ALE: van Buitenen

Corrections to votes

For

Brian Crowley

53.   Report: Higgins A6-0432/2006

Amendment 1

For: 419

ALDE: Andria, Beaupuy, Bourlanges, Busk, Cocilovo, Costa, Deprez, Dičkutė, Drčar Murko, Duff, Fourtou, Gibault, Griesbeck, in 't Veld, Jäätteenmäki, Jensen, Lambsdorff, Laperrouze, Lehideux, Losco, Ludford, Lynne, Maaten, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Onyszkiewicz, Piskorski, Prodi, Ries, Riis-Jørgensen, Sbarbati, Sterckx, Susta, Takkula, Toia, Van Hecke, Veraldi, Virrankoski, Wallis

IND/DEM: Železný

NI: Allister, Battilocchio, Belohorská, Bobošíková, Claeys, De Michelis, Dillen, Helmer, Martin Hans-Peter, Rivera, Vanhecke

PPE-DE: Albertini, Andrikienė, Ashworth, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Bonsignore, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Cabrnoch, Casini, Castiglione, Chichester, Coelho, Coveney, Daul, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Doorn, Dover, Doyle, Duka-Zólyomi, Ehler, Eurlings, Ferber, Fontaine, Fraga Estévez, Friedrich, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, de Grandes Pascual, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Hannan, Harbour, Hatzidakis, Heaton-Harris, Ibrisagic, Itälä, Jackson, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Karas, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Martens, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Nicholson, Niebler, van Nistelrooij, Novak, Olajos, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Pinheiro, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Sartori, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Trakatellis, Ulmer, Vakalis, Varvitsiotis, Vatanen, Veneto, Ventre, Vidal-Quadras, Vlasák, Vlasto, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zatloukal, Zvěřina, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Batzeli, Beňová, Berès, van den Berg, Berger, Berlinguer, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gill, Glante, Goebbels, Golik, Gottardi, Grabowska, Groote, Gruber, Gurmai, Hänsch, Hamon, Haug, Hazan, Hedkvist Petersen, Hegyi, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Kósáné Kovács, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Maňka, Martin David, Martínez Martínez, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Paasilinna, Pahor, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Camre, Kuc

Verts/ALE: Aubert, Auken, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, de Groen-Kouwenhoven, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Jonckheer, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 121

ALDE: Andrejevs, Attwooll, Bowles, Budreikaitė, Carlshamre, Gentvilas, Hall, Harkin, Juknevičienė, Kułakowski, Manders, Samuelsen, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Krarup, Liotard, McDonald, Manolakou, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Rizzo, Seppänen, Strož, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Batten, Belder, Blokland, Bonde, Clark, Goudin, Karatzaferis, Knapman, Lundgren, Sinnott, Tomczak, Whittaker, Wise

NI: Chruszcz, Giertych, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martinez, Mussolini, Romagnoli, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Handzlik, Hökmark, Jałowiecki, Kaczmarek, Olbrycht, Siekierski, Vernola, Zaleski, Zappalà

PSE: Mastenbroek

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Gobbo, Grabowski, Janowski, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Abstention: 12

ALDE: Chatzimarkakis, Degutis, Ek, Krahmer, Matsakis

IND/DEM: Coûteaux, Krupa, Louis, de Villiers

NI: Mote

PPE-DE: Kamall

Verts/ALE: van Buitenen

Corrections to votes

For

Jim Higgins

54.   Report: Fruteau A6-0422/2006

Amendment 10

For: 514

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Costa, Deprez, Dičkutė, Drčar Murko, Duff, Fourtou, Gentvilas, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Sbarbati, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

GUE/NGL: Holm, Krarup, Liotard, Meijer, Seppänen, Svensson

IND/DEM: Belder, Blokland, Bonde, Coûteaux, Karatzaferis, Krupa, Louis, Sinnott, Tomczak, de Villiers

NI: Battilocchio, Belohorská, Chruszcz, De Michelis, Giertych, Martin Hans-Peter, Mussolini, Rivera, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Böge, Bonsignore, Braghetto, Brejc, Brepoels, Brok, Brunetta, Busuttil, Casa, Casini, Castiglione, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Doyle, Duka-Zólyomi, Ebner, Ehler, Eurlings, Fatuzzo, Ferber, Fernández Martín, Fontaine, Fraga Estévez, Friedrich, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hatzidakis, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Higgins, Hoppenstedt, Hudacký, Itälä, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Queiró, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stauner, Stubb, Sudre, Surján, Szájer, Tajani, Thyssen, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasto, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zwiefka

PSE: Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Batzeli, 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, Chiesa, Corbett, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gill, Goebbels, Golik, Gomes, Gottardi, Grabowska, Groote, Gruber, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McCarthy, Madeira, Maňka, Martínez Martínez, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schapira, Scheele, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Sousa Pinto, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Verts/ALE: Aubert, Auken, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Hudghton, Isler Béguin, Joan i Marí, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 92

ALDE: Ek, Schmidt Olle

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Kaufmann, Kohlíček, McDonald, Manolakou, Maštálka, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Ransdorf, Remek, Rizzo, Strož, Triantaphyllides, Wurtz, Zimmer

IND/DEM: Goudin, Lundgren, Železný

NI: Allister, Bobošíková, Claeys, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez, Mote, Romagnoli, Schenardi, Vanhecke

PPE-DE: Ashworth, Atkins, Beazley, Bowis, Bradbourn, Březina, Cabrnoch, Callanan, Chichester, Deva, Dover, Duchoň, Elles, Evans Jonathan, Fjellner, Hannan, Harbour, Heaton-Harris, Hökmark, Hybášková, Ibrisagic, Iturgaiz Angulo, Jackson, Kamall, Kirkhope, McMillan-Scott, Nicholson, Parish, Purvis, Seeberg, Škottová, Stevenson, Strejček, Sturdy, Tannock, Vlasák, Wijkman, Zahradil, Zatloukal, Zvěřina

PSE: Andersson, Christensen, Hedkvist Petersen, Rasmussen, Schaldemose, Segelström, Westlund

Abstention: 11

ALDE: Degutis

IND/DEM: Batten, Clark, Knapman, Whittaker, Wise

PPE-DE: Freitas

PSE: Mann Erika

UEN: Borghezio, Gobbo

Verts/ALE: van Buitenen

Corrections to votes

Against

Geoffrey Van Orden

55.   Report: Brok A6-0436/2006

Paragraph 14

For: 476

ALDE: Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Costa, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Piskorski, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Takkula, Toia, Van Hecke, Veraldi, Virrankoski, Wallis

GUE/NGL: Agnoletto, Aita, Brie, de Brún, Flasarová, Henin, Kaufmann, McDonald, Maštálka, Musacchio, Papadimoulis, Ransdorf, Wurtz, Zimmer

NI: Battilocchio, Bobošíková, De Michelis, Martin Hans-Peter, Martinez, Mussolini, Romagnoli

PPE-DE: Albertini, Andrikienė, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Berend, Böge, Bonsignore, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Busuttil, Casini, Castiglione, Chmielewski, Coelho, Coveney, Daul, De Blasio, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Doyle, Duka-Zólyomi, Ebner, Eurlings, Fatuzzo, Ferber, Fernández Martín, Fjellner, Fontaine, Fraga Estévez, Friedrich, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Gomolka, Graça Moura, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Higgins, Hökmark, Hoppenstedt, Hudacký, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schöpflin, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stauner, Stubb, Sudre, Surján, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Batzeli, Beňová, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Gill, Glante, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Hänsch, Hamon, Haug, Hazan, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rocard, Rosati, Roth-Behrendt, Rothe, Rouček, Roure, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Aylward, Berlato, Crowley, Czarnecki Ryszard, Didžiokas, Foglietta, Kristovskis, Kuc, La Russa, Maldeikis, Muscardini, Musumeci, Ó Neachtain, Ryan, Wojciechowski Janusz

Verts/ALE: Aubert, Auken, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, de Groen-Kouwenhoven, Hassi, Horáček, Isler Béguin, Joan i Marí, Jonckheer, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Özdemir, Onesta, Romeva i Rueda, Rühle, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber

Against: 75

GUE/NGL: Guidoni, Holm, Kohlíček, Liotard, Meijer, Meyer Pleite, Pflüger, Seppänen, Strož, Svensson, Triantaphyllides

IND/DEM: Batten, Belder, Blokland, Bonde, Clark, Coûteaux, Goudin, Karatzaferis, Krupa, Louis, Lundgren, Tomczak, de Villiers, Železný

NI: Allister, Chruszcz, Giertych, Gollnisch, Le Pen Marine, Mote, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Belet, Cabrnoch, Callanan, Duchoň, Hybášková, Ouzký, Posselt, Protasiewicz, Škottová, Strejček, Vlasák, Vlasto, Wijkman, Zahradil, Zatloukal, Zvěřina

PSE: Capoulas Santos, Jöns, Saks, Savary, Tarabella

UEN: Bielan, Camre, Czarnecki Marek Aleksander, Foltyn-Kubicka, Grabowski, Janowski, Kuźmiuk, Libicki, Masiel, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Szymański, Vaidere, Zapałowski, Zīle

Verts/ALE: Schlyter, Ždanoka

Abstention: 37

ALDE: Susta

GUE/NGL: Figueiredo, Guerreiro, Manolakou, Pafilis, Remek

IND/DEM: Sinnott

NI: Claeys, Dillen, Helmer, Rivera, Vanhecke

PPE-DE: Atkins, Beazley, Deva, Dover, Elles, Evans Jonathan, Gräßle, Hannan, Harbour, Heaton-Harris, Jackson, Kamall, Kirkhope, McMillan-Scott, Parish, Purvis, Stevenson, Sturdy, Tannock

PSE: Chiesa

UEN: Borghezio, Gobbo

Verts/ALE: van Buitenen, Kallenbach, Lucas

Corrections to votes

For

Marc Tarabella, Anders Wijkman, Tatjana Ždanoka, Gilles Savary

Against

Marine Le Pen, Lydia Schenardi, Bruno Gollnisch, Carl Lang, Fernand Le Rachinel, Jean-Claude Martinez, Geoffrey Van Orden

56.   Report: Brok A6-0436/2006

Paragraph 29

For: 543

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Costa, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gibault, Griesbeck, Guardans Cambó, Hall, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Piskorski, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Veraldi, Virrankoski, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Flasarová, Guidoni, Henin, Holm, Kaufmann, Liotard, McDonald, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Ransdorf, Remek, Seppänen, Svensson, Triantaphyllides, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Goudin, Karatzaferis, Krupa, Lundgren, Sinnott, Tomczak

NI: Battilocchio, Chruszcz, Claeys, De Michelis, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Martinez, Rivera, Romagnoli, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Atkins, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Busuttil, Casini, Castiglione, Chichester, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duka-Zólyomi, Ebner, Ehler, Elles, Eurlings, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fontaine, Fraga Estévez, Freitas, Friedrich, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grossetête, Guellec, Gyürk, Handzlik, Hannan, Harbour, Hatzidakis, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mauro, Mavrommatis, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schöpflin, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Stubb, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasto, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zatloukal, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Batzeli, Beňová, Berès, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gill, Golik, Gomes, Gottardi, Grabowska, Grech, Gruber, Gurmai, Hänsch, Hamon, Haug, Hazan, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jørgensen, Kindermann, Koterec, Krehl, Lambrinidis, Lavarra, Le Foll, Lehtinen, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rasmussen, Reynaud, Riera Madurell, Rosati, Rothe, Rouček, Roure, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Segelström, Sifunakis, Simpson, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García

UEN: Aylward, Bielan, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Foltyn-Kubicka, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, Libicki, Maldeikis, Masiel, Muscardini, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, de Groen-Kouwenhoven, Hammerstein Mintz, Horáček, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 28

GUE/NGL: Manolakou, Pafilis

IND/DEM: Batten, Clark, Železný

NI: Allister, Bobošíková, Mote, Mussolini

PPE-DE: Cabrnoch, Callanan, Duchoň, Ouzký, Škottová, Strejček, Vlasák, Zahradil, Zvěřina

PSE: van den Berg, Glante

UEN: Angelilli, Berlato, Borghezio, Foglietta, Gobbo, La Russa, Musumeci, Tatarella

Abstention: 22

GUE/NGL: Figueiredo, Guerreiro, Kohlíček, Strož

IND/DEM: Bonde, Louis, de Villiers

NI: Martin Hans-Peter

PPE-DE: De Veyrac

PSE: Bullmann, Chiesa, Groote, Jöns, Kreissl-Dörfler, Kuhne, Leichtfried, Occhetto, Rapkay, Siwiec

UEN: Camre, Didžiokas

Verts/ALE: van Buitenen

57.   Report: Brok A6-0436/2006

Resolution

For: 481

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Fourtou, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Piskorski, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Veraldi, Virrankoski, Wallis

GUE/NGL: Agnoletto, Brie, de Brún, Kaufmann, Musacchio, Ransdorf, Remek, Zimmer

IND/DEM: Karatzaferis

NI: Battilocchio, Belohorská, Chruszcz, De Michelis, Giertych, Mussolini, Rivera, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Böge, Bonsignore, Braghetto, Brejc, Březina, Brok, Brunetta, Busuttil, Casini, Castiglione, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Doyle, Duka-Zólyomi, Ebner, Ehler, Eurlings, Fatuzzo, Ferber, Fernándz Martín, Fjellner, Fontaine, Fraga Estévez, Freitas, Friedrich, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Hatzidakis, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Higgins, Hökmark, Hoppenstedt, Hudacký, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lehne, Lewandowski, Liese, López-Istúriz White, Lulling, Maat, McGuinness, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayor Oreja, Méndez de Vigo, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schöpflin, Seeber, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stauner, Stubb, Sudre, Surján, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zatloukal, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Batzeli, 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 Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Evans Robert, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Gill, Glante, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Hänsch, Haug, Hazan, Hedkvist Petersen, Hegyi, Herczog, Honeyball, Howitt, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, McCarthy, Madeira, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rosati, Rothe, Rouček, Roure, Sakalas, Saks, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Tarand, Thomsen, Titley, Trautmann, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Crowley, Czarnecki Ryszard, Didžiokas, Foglietta, Kristovskis, Kuc, La Russa, Maldeikis, Muscardini, Musumeci, Ó Neachtain, Ryan, Tatarella, Vaidere, Wojciechowski Janusz, Zīle

Verts/ALE: Aubert, Auken, Beer, Bennahmias, Breyer, Cohn-Bendit, Cramer, Evans Jill, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Isler Béguin, Joan i Marí, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 66

GUE/NGL: Aita, Catania, Figueiredo, Guerreiro, Guidoni, Henin, Holm, Kohlíček, Liotard, McDonald, Manolakou, Meijer, Meyer Pleite, Pafilis, Pflüger, Seppänen, Strož, Svensson, Triantaphyllides

IND/DEM: Batten, Belder, Blokland, Clark, Coûteaux, Goudin, Krupa, Louis, Lundgren, Sinnott, Tomczak, de Villiers, Železný

NI: Allister, Bobošíková, Claeys, Dillen, Gollnisch, Helmer, Lang, Le Pen Marine, Martin Hans-Peter, Mote, Romagnoli, Schenardi, Vanhecke

PPE-DE: Brepoels, Cabrnoch, Callanan, Deß, Duchoň, Hannan, Heaton-Harris, Ibrisagic, Ouzký, Škottová, Strejček, Vlasák, Zahradil, Zvěřina

UEN: Camre, Grabowski, Pęk, Piotrowski, Rogalski, Zapałowski

Verts/ALE: Schlyter

Abstention: 38

GUE/NGL: Flasarová, Maštálka, Papadimoulis, Wurtz

IND/DEM: Bonde

NI: Martinez

PPE-DE: Atkins, Beazley, Deva, Dover, Evans Jonathan, Harbour, Hybášková, Jackson, Kamall, Kirkhope, Parish, Purvis, Seeberg, Stevenson, Sturdy, Tannock, Van Orden, Weisgerber

PSE: Chiesa

UEN: Bielan, Borghezio, Czarnecki Marek Aleksander, Foltyn-Kubicka, Janowski, Kuźmiuk, Libicki, Masiel, Podkański, Roszkowski, Rutowicz

Verts/ALE: van Buitenen, Jonckheer

Corrections to votes

For

Hubert Pirker

Against

Jean-Claude Martinez, Bairbre de Brún

58.   Report: Stubb A6-0393/2006

Paragraph 9-B

For: 438

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Busk, Carlshamre, Cocilovo, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Piskorski, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Toia, Veraldi, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, Flasarová, Kaufmann, Maštálka, Musacchio, Zimmer

NI: Battilocchio, Belohorská, Bobošíková, De Michelis, Mussolini, Rivera

PPE-DE: Albertini, Andrikienė, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Böge, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Busuttil, Casini, Castiglione, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Doyle, Duka-Zólyomi, Ebner, Eurlings, Fatuzzo, Ferber, Fernández Martín, Fjellner, Fontaine, Fraga Estévez, Freitas, Friedrich, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Hatzidakis, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lehne, Liese, López-Istúriz White, Lulling, Maat, McGuinness, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mavrommatis, Mayor Oreja, Méndez de Vigo, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Niebler, van Nistelrooij, Novak, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schöpflin, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stauner, Stubb, Sudre, Surján, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vidal-Quadras, Vlasto, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zatloukal, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Batzeli, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Chiesa, Christensen, Corbey, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Hänsch, Hamon, Hedkvist Petersen, Hegyi, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, Madeira, Mann Erika, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Moscovici, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Pahor, Paleckis, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rosati, Rothe, Rouček, Roure, Sakalas, Saks, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Siwiec, Sornosa Martínez, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Thomsen, Trautmann, Van Lancker, Vaugrenard, Vergnaud, Weber Henri, Weiler, Westlund, Wiersma, Yañez-Barnuevo García

UEN: Angelilli, Berlato, Borghezio, Foglietta, Kuc, La Russa, Muscardini, Musumeci

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Frassoni, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Özdemir, Onesta, Romeva i Rueda, Rühle, Staes, Turmes, Voggenhuber, Ždanoka

Against: 107

ALDE: Takkula, Väyrynen, Virrankoski

GUE/NGL: de Brún, Figueiredo, Guerreiro, Guidoni, Holm, Kohlíček, Liotard, McDonald, Manolakou, Meijer, Pafilis, Pflüger, Ransdorf, Remek, Seppänen, Strož, Svensson, Triantaphyllides

IND/DEM: Batten, Belder, Blokland, Bonde, Clark, Coûteaux, Goudin, Krupa, Louis, Lundgren, Sinnott, Tomczak, de Villiers, Železný

NI: Chruszcz, Claeys, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Martinez, Mote, Romagnoli, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Atkins, Beazley, Cabrnoch, Callanan, Deva, Dover, Duchoň, Evans Jonathan, Hannan, Harbour, Heaton-Harris, Jackson, Kamall, Kirkhope, Ouzký, Parish, Purvis, Škottová, Stevenson, Strejček, Sturdy, Tannock, Van Orden, Vernola, Vlasák, Zahradil, Zvěřina

PSE: Paasilinna

UEN: Aylward, Bielan, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Didžiokas, Foltyn-Kubicka, Grabowski, Janowski, Kristovskis, Kuźmiuk, Libicki, Maldeikis, Masiel, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Verts/ALE: Schlyter

Abstention: 25

ALDE: Budreikaitė

GUE/NGL: Henin, Meyer Pleite, Wurtz

NI: Martin Hans-Peter

PSE: Cashman, Evans Robert, Gill, Howitt, Hughes, McAvan, McCarthy, Martin David, Morgan, Muscat, Simpson, Skinner, Stihler, Titley, Willmott

Verts/ALE: van Buitenen, Evans Jill, Isler Béguin, Joan i Marí, Smith

59.   Report: Stubb A6-0393/2006

Paragraph 9-C

For: 451

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Piskorski, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Szent-Iványi, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Flasarová, Henin, Kaufmann, Liotard, Maštálka, Meijer, Musacchio, Ransdorf, Remek, Wurtz, Zimmer

IND/DEM: Tomczak

NI: Battilocchio, Belohorská, Bobošíková, De Michelis, Martin Hans-Peter, Mussolini, Rivera

PPE-DE: Albertini, Andrikienė, Audy, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Böge, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Busuttil, Casini, Castiglione, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Doyle, Duka-Zólyomi, Ebner, Ehler, Eurlings, Fatuzzo, Ferber, Fernández Martín, Fontaine, Fraga Estévez, Freitas, Friedrich, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Hatzidakis, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lehne, Liese, López-Istúriz White, Lulling, Maat, McGuinness, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mavrommatis, Mayor Oreja, Méndez de Vigo, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schöpflin, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stauner, Stubb, Sudre, Surján, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasto, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zatloukal, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Batzeli, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Chiesa, Christensen, Corbey, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Golik, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Hänsch, Hamon, Haug, Hazan, Hedkvist Petersen, Hegyi, Herczog, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Mann Erika, Martínez Martínez, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rosati, Rothe, Rouček, Roure, Sakalas, Saks, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Sornosa Martínez, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Thomsen, Trautmann, Van Lancker, Vaugrenard, Vergnaud, Weber Henri, Westlund, Wiersma, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Berlato, Borghezio, Czarnecki Ryszard, Foglietta, Kuc, La Russa, Muscardini, Musumeci, Tatarella

Verts/ALE: Aubert, Auken, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Özdemir, Onesta, Romeva i Rueda, Rühle, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 76

ALDE: Takkula, Väyrynen

GUE/NGL: de Brún, Holm, Kohlíček, McDonald, Pflüger, Seppänen, Svensson

IND/DEM: Batten, Belder, Blokland, Bonde, Clark, Goudin, Karatzaferis, Krupa, Louis, Lundgren, Sinnott, de Villiers, Železný

NI: Allister, Chruszcz, Claeys, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Martinez, Mote, Romagnoli, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Atkins, Bonsignore, Cabrnoch, Callanan, Deva, Dover, Duchoň, Evans Jonathan, Hannan, Harbour, Heaton-Harris, Jackson, Kamall, Kirkhope, Ouzký, Parish, Škottová, Stevenson, Strejček, Sturdy, Tannock, Van Orden, Vlasák, Zahradil, Zvěřina

UEN: Aylward, Camre, Crowley, Didžiokas, Grabowski, Kristovskis, Masiel, Ó Neachtain, Rogalski, Roszkowski, Ryan, Vaidere, Zapałowski, Zīle

Abstention: 30

GUE/NGL: Figueiredo, Guerreiro, Guidoni, Manolakou, Meyer Pleite, Pafilis, Triantaphyllides

PSE: Cashman, Evans Robert, Gill, Honeyball, Howitt, Hughes, McAvan, McCarthy, Simpson, Skinner, Stihler, Titley, Willmott

UEN: Bielan, Janowski, Libicki, Pęk, Piotrowski, Podkański, Rutowicz, Wojciechowski Janusz

Verts/ALE: van Buitenen, Schlyter

Corrections to votes

For

Christofer Fjellner

60.   Report: Stubb A6-0393/2006

Paragraph 9-E

For: 455

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bowles, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Laperrouze, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Piskorski, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Toia, Veraldi, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, Henin, Kaufmann, Kohlíček, Musacchio, Papadimoulis, Pflüger, Remek, Wurtz, Zimmer

NI: Battilocchio, Belohorská, Bobošíková, De Michelis, Mussolini, Rivera

PPE-DE: Albertini, Andrikienė, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Bonsignore, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Busuttil, Casini, Castiglione, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Doyle, Duka-Zólyomi, Ebner, Eurlings, Fatuzzo, Ferber, Fernández Martín, Fontaine, Fraga Estévez, Freitas, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Hatzidakis, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lehne, Liese, López-Istúriz White, Lulling, Maat, McGuinness, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayor Oreja, Méndez de Vigo, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Saryusz-Wolski, Schierhuber, Schöpflin, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stauner, Stubb, Sudre, Surján, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasto, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zatloukal, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Batzeli, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Chiesa, Christensen, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Hänsch, Haug, Hazan, Hedkvist Petersen, Herczog, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, Madeira, Mann Erika, Martínez Martínez, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Moscovici, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Piecyk, Pinior, Pittella, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rosati, Rothe, Rouček, Roure, Sakalas, Saks, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Siwiec, Sornosa Martínez, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Thomsen, Trautmann, Van Lancker, Vaugrenard, Vergnaud, Weber Henri, Weiler, Westlund, Wiersma, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Crowley, Czarnecki Ryszard, Didžiokas, Foglietta, Kristovskis, Kuc, La Russa, Muscardini, Ó Neachtain, Ryan, Tatarella, Wojciechowski Janusz, Zīle

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Cohn-Bendit, Cramer, Evans Jill, Frassoni, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lichtenberger, Lipietz, Özdemir, Onesta, Romeva i Rueda, Rühle, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 95

ALDE: Takkula, Väyrynen

GUE/NGL: de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Holm, Liotard, McDonald, Manolakou, Maštálka, Meijer, Pafilis, Ransdorf, Seppänen, Strož, Svensson, Triantaphyllides

IND/DEM: Batten, Belder, Blokland, Bonde, Clark, Coûteaux, Goudin, Karatzaferis, Krupa, Louis, Lundgren, Sinnott, Tomczak, de Villiers, Železný

NI: Allister, Chruszcz, Claeys, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Martinez, Mote, Romagnoli, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Atkins, Beazley, Cabrnoch, Callanan, Deva, Dover, Duchoň, Evans Jonathan, Hannan, Harbour, Heaton-Harris, Jackson, Kamall, Kirkhope, Ouzký, Parish, Purvis, Škottová, Stevenson, Strejček, Sturdy, Tannock, Van Orden, Vlasák, Zahradil, Zvěřina

UEN: Bielan, Borghezio, Camre, Czarnecki Marek Aleksander, Foltyn-Kubicka, Grabowski, Janowski, Kuźmiuk, Libicki, Masiel, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Szymański, Vaidere, Zapałowski

Verts/ALE: Schlyter

Abstention: 20

ALDE: Budreikaitė

GUE/NGL: Meyer Pleite

NI: Martin Hans-Peter

PSE: Cashman, Evans Robert, Gill, Honeyball, Howitt, Hughes, McAvan, McCarthy, Morgan, Muscat, Simpson, Skinner, Stihler, Titley, Willmott

Verts/ALE: van Buitenen, Lambert

Corrections to votes

For

Emanuel Jardim Fernandes, Christofer Fjellner

61.   Report: Stubb A6-0393/2006

Paragraph 9-F

For: 456

ALDE: Andrejevs, Andria, Attwooll, Bowles, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Lambsdorff, Laperrouze, Lax, Lehideux, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Piskorski, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Toia, Veraldi, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, Kaufmann, Musacchio, Papadimoulis, Zimmer

NI: Battilocchio, Belohorská, Bobošíková, De Michelis, Mussolini, Rivera

PPE-DE: Albertini, Andrikienė, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Böge, Bonsignore, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Busuttil, Casini, Castiglione, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Doyle, Duka-Zólyomi, Ebner, Eurlings, Fatuzzo, Fernández Martín, Fjellner, Fontaine, Fraga Estévez, Freitas, Friedrich, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Hatzidakis, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lehne, Liese, López-Istúriz White, Lulling, Maat, McGuinness, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mavrommatis, Mayor Oreja, Méndez de Vigo, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Queiró, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schöpflin, Seeber, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stauner, Stubb, Sudre, Surján, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasto, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zatloukal, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Batzeli, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Chiesa, Christensen, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Hänsch, Hamon, Haug, Hazan, Hedkvist Petersen, Hegyi, Herczog, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, Mann Erika, Martínez Martínez, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Moscovici, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Pahor, Paleckis, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rosati, Rothe, Rouček, Roure, Sakalas, Saks, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Siwiec, Sornosa Martínez, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Thomsen, Trautmann, Van Lancker, Vaugrenard, Vergnaud, Weber Henri, Weiler, Westlund, Wiersma, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Crowley, Czarnecki Ryszard, Didžiokas, Foglietta, Foltyn-Kubicka, Janowski, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Pęk, Podkański, Rutowicz, Ryan, Tatarella, Wojciechowski Janusz

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Frassoni, de Groen-Kouwenhoven, Hassi, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schroedter, Staes, Turmes, Voggenhuber, Ždanoka

Against: 79

ALDE: Takkula, Väyrynen

GUE/NGL: de Brún, Holm, Liotard, McDonald, Meijer, Ransdorf, Seppänen, Svensson, Triantaphyllides

IND/DEM: Batten, Belder, Blokland, Bonde, Clark, Coûteaux, Goudin, Karatzaferis, Krupa, Louis, Lundgren, Sinnott, Tomczak, de Villiers, Železný

NI: Allister, Chruszcz, Claeys, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Martinez, Mote, Romagnoli, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Atkins, Beazley, Cabrnoch, Callanan, Deva, Dover, Duchoň, Evans Jonathan, Ferber, Hannan, Harbour, Heaton-Harris, Jackson, Kamall, Kirkhope, Ouzký, Parish, Purvis, Seeberg, Škottová, Stevenson, Strejček, Sturdy, Tannock, Van Orden, Vlasák, Zahradil, Zvěřina

PSE: Paasilinna

UEN: Camre, Czarnecki Marek Aleksander, Grabowski, Kristovskis, Piotrowski, Rogalski, Vaidere, Zīle

Verts/ALE: Schlyter

Abstention: 36

ALDE: Budreikaitė, Kułakowski

GUE/NGL: Figueiredo, Flasarová, Guerreiro, Henin, Kohlíček, Maštálka, Meyer Pleite, Pafilis, Pflüger, Remek, Strož, Wurtz

NI: Martin Hans-Peter

PSE: Cashman, Evans Robert, Gill, Honeyball, Howitt, Hughes, McAvan, McCarthy, Martin David, Morgan, Muscat, Simpson, Skinner, Stihler, Titley, Willmott

UEN: Borghezio

Verts/ALE: van Buitenen, Evans Jill, Joan i Marí, Smith

62.   Report: Stubb A6-0393/2006

Paragraph 9-G

For: 445

ALDE: Andrejevs, Andria, Attwooll, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Lambsdorff, Lax, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Piskorski, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, Kaufmann, Musacchio, Papadimoulis, Strož, Zimmer

NI: Battilocchio, Belohorská, De Michelis, Martin Hans-Peter, Mussolini, Rivera

PPE-DE: Albertini, Andrikienė, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Böge, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Busuttil, Casini, Castiglione, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Doyle, Duka-Zólyomi, Ebner, Eurlings, Fatuzzo, Ferber, Fernández Martín, Fontaine, Fraga Estévez, Freitas, Friedrich, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Hatzidakis, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Higgins, Hoppenstedt, Hudacký, Hybášková, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lehne, Liese, López-Istúriz White, Lulling, Maat, McGuinness, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayor Oreja, Méndez de Vigo, Millán Mon, Mitchell, Musotto, Nassauer, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schöpflin, Seeber, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stauner, Stubb, Sudre, Surján, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasto, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zatloukal, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Batzeli, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Chiesa, Christensen, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Hänsch, Haug, Hazan, Hedkvist Petersen, Hegyi, Herczog, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, Madeira, Mann Erika, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rosati, Rothe, Rouček, Roure, Sakalas, Saks, Sánchez Presedo, dos Santos, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Siwiec, Sornosa Martínez, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Thomsen, Trautmann, Van Lancker, Vaugrenard, Vergnaud, Weber Henri, Weiler, Westlund, Wiersma, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Crowley, Czarnecki Ryszard, Didžiokas, Kuc, La Russa, Maldeikis, Muscardini, Musumeci, Ó Neachtain, Ryan, Tatarella, Wojciechowski Janusz

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, de Groen-Kouwenhoven, Hassi, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 104

ALDE: Beaupuy, Bourlanges, Fourtou, Gibault, Griesbeck, Lehideux, Morillon, Takkula, Väyrynen

GUE/NGL: de Brún, Figueiredo, Guerreiro, Guidoni, Henin, Holm, Kohlíček, Liotard, McDonald, Meijer, Pflüger, Ransdorf, Seppänen, Svensson, Triantaphyllides, Wurtz

IND/DEM: Batten, Belder, Blokland, Clark, Coûteaux, Goudin, Karatzaferis, Krupa, Louis, Lundgren, Sinnott, Tomczak, de Villiers, Železný

NI: Allister, Chruszcz, Claeys, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Martinez, Mote, Romagnoli, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Atkins, Beazley, Cabrnoch, Callanan, Deva, Dover, Duchoň, Evans Jonathan, Fjellner, Hannan, Harbour, Heaton-Harris, Hökmark, Ibrisagic, Jackson, Kamall, Kirkhope, Ouzký, Parish, Purvis, Seeberg, Škottová, Stevenson, Strejček, Sturdy, Tannock, Van Orden, Vlasák, Zahradil, Zvěřina

UEN: Bielan, Camre, Czarnecki Marek Aleksander, Foltyn-Kubicka, Grabowski, Janowski, Kristovskis, Kuźmiuk, Libicki, Masiel, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Vaidere, Zapałowski, Zīle

Verts/ALE: Schlyter

Abstention: 22

ALDE: Toia

GUE/NGL: Flasarová, Manolakou, Maštálka, Meyer Pleite, Pafilis, Remek

IND/DEM: Bonde

PSE: Cashman, Evans Robert, Gill, Honeyball, Hughes, McAvan, McCarthy, Martin David, Simpson, Skinner, Titley, Willmott

UEN: Borghezio

Verts/ALE: van Buitenen

63.   Report: Stubb A6-0393/2006

Paragraph 9-H

For: 439

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Lambsdorff, Lax, Lehideux, Losco, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Piskorski, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Toia, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, Flasarová, Kaufmann, Maštálka, Papadimoulis, Zimmer

NI: Battilocchio, Belohorská, Bobošíková, De Michelis, Martin Hans-Peter, Mussolini, Rivera

PPE-DE: Albertini, Andrikienė, Audy, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Böge, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Busuttil, Casini, Castiglione, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Doyle, Duka-Zólyomi, Ebner, Eurlings, Fatuzzo, Ferber, Fernández Martín, Fjellner, Fontaine, Fraga Estévez, Freitas, Friedrich, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Hatzidakis, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lehne, Liese, López-Istúriz White, Lulling, Maat, McGuinness, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayor Oreja, Méndez de Vigo, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schöpflin, Seeber, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stauner, Sudre, Surján, Szájer, Tajani, Thyssen, Trakatellis, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasto, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà, Zatloukal, Zwiefka

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bono, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Christensen, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Hänsch, Hamon, Haug, Hazan, Hedkvist Petersen, Hegyi, Herczog, Jöns, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, Madeira, Mann Erika, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rosati, Rothe, Rouček, Roure, Sakalas, Saks, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Siwiec, Sornosa Martínez, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Thomsen, Trautmann, Van Lancker, Vaugrenard, Vergnaud, Weber Henri, Westlund, Wiersma, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Czarnecki Ryszard, Foglietta, Kuc, Muscardini, Musumeci, Tatarella

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Isler Béguin, Joan i Marí, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lichtenberger, Lipietz, Özdemir, Onesta, Romeva i Rueda, Rühle, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Against: 107

ALDE: Laperrouze, Takkula, Väyrynen

GUE/NGL: de Brún, Guidoni, Henin, Holm, Kohlíček, Liotard, McDonald, Manolakou, Meijer, Pafilis, Ransdorf, Remek, Seppänen, Strož, Svensson, Triantaphyllides

IND/DEM: Batten, Belder, Blokland, Bonde, Clark, Coûteaux, Goudin, Karatzaferis, Krupa, Louis, Lundgren, Sinnott, Tomczak, de Villiers, Železný

NI: Allister, Chruszcz, Claeys, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Martinez, Mote, Romagnoli, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Atkins, Beazley, Cabrnoch, Callanan, Deva, Dover, Duchoň, Evans Jonathan, Hannan, Harbour, Heaton-Harris, Jackson, Kamall, Kirkhope, Ouzký, Parish, Purvis, Seeberg, Škottová, Stevenson, Strejček, Sturdy, Tannock, Ulmer, Van Orden, Vlasák, Zahradil, Zvěřina

UEN: Aylward, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Didžiokas, Foltyn-Kubicka, Grabowski, Janowski, Kristovskis, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Vaidere, Wojciechowski Janusz, Zapałowski, Zīle

Verts/ALE: Schlyter

Abstention: 22

ALDE: Kułakowski

GUE/NGL: Figueiredo, Guerreiro, Meyer Pleite, Pflüger, Wurtz

PSE: Cashman, Chiesa, Evans Robert, Gill, Honeyball, Howitt, Hughes, McCarthy, Martin David, Morgan, Simpson, Skinner, Stihler, Titley, Willmott

Verts/ALE: van Buitenen

64.   Report: Stubb A6-0393/2006

Amendment 4

For: 93

ALDE: Beaupuy, Bourlanges, Deprez, Fourtou, Gibault, Griesbeck, Laperrouze, Lehideux, Morillon

GUE/NGL: Wurtz

IND/DEM: Krupa, Tomczak

NI: Belohorská, De Michelis, Martin Hans-Peter

PPE-DE: Audy, Bachelot-Narquin, Brepoels, Castiglione, Descamps, Ferber, Galeote, Gaubert, Gauzès, Grossetête, Guellec, Hatzidakis, Korhola, Langendries, Mathieu, Oomen-Ruijten, Posselt, Saïfi, Sudre, Toubon, Vlasto

PSE: Andersson, Arif, Berès, Bono, Bourzai, Carlotti, Castex, Cottigny, Désir, Douay, Fruteau, Hamon, Moscovici, Napoletano, Navarro, Poignant, Reynaud, Roure, Savary, Schapira, Trautmann, Vaugrenard, Vergnaud

UEN: Czarnecki Ryszard, Grabowski, Pęk, Piotrowski, Rogalski, Zapałowski

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Frassoni, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lichtenberger, Lipietz, Özdemir, Onesta, Romeva i Rueda, Rühle, Schroedter, Staes, Turmes, Voggenhuber, Ždanoka

Against: 472

ALDE: Andrejevs, Andria, Attwooll, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Degutis, Dičkutė, Drčar Murko, Duff, Ek, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lambsdorff, Lax, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Piskorski, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Schmidt Olle, Schuth, Staniszewska, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Takkula, Väyrynen, Veraldi, Wallis

GUE/NGL: Agnoletto, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Guidoni, Henin, Holm, Kaufmann, Kohlíček, Liotard, McDonald, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Ransdorf, Remek, Seppänen, Strož, Svensson, Triantaphyllides, Zimmer

IND/DEM: Batten, Belder, Blokland, Bonde, Clark, Coûteaux, Goudin, Karatzaferis, Louis, Lundgren, Sinnott, de Villiers, Železný

NI: Allister, Battilocchio, Bobošíková, Chruszcz, Giertych, Gollnisch, Helmer, Lang, Martinez, Mote, Mussolini, Romagnoli, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Atkins, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Böge, Bonsignore, Braghetto, Brejc, Březina, Brok, Brunetta, Busuttil, Cabrnoch, Callanan, Casini, Chmielewski, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Eurlings, Evans Jonathan, Fatuzzo, Fernández Martín, Fjellner, Fontaine, Fraga Estévez, Freitas, Friedrich, Gál, Gaľa, García-Margallo y Marfil, Gargani, Garriga Polledo, Gewalt, Gklavakis, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Gyürk, Handzlik, Hannan, Harbour, Heaton-Harris, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kasoulides, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Lamassoure, Landsbergis, Langen, Lauk, Lehne, Liese, López-Istúriz White, Lulling, Maat, McGuinness, Mann Thomas, Mantovani, Marques, Martens, Mato Adrover, Mauro, Mavrommatis, Mayor Oreja, Méndez de Vigo, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Niebler, van Nistelrooij, Novak, Olajos, Olbrycht, Őry, Ouzký, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Salafranca Sánchez-Neyra, Samaras, Sartori, Saryusz-Wolski, Schierhuber, Schöpflin, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Surján, Szájer, Tajani, Tannock, Thyssen, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasák, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zatloukal, Zvěřina, Zwiefka

PSE: Arnaoutakis, Ayala Sender, Badia I Cutchet, van den Berg, Berger, Berlinguer, Berman, Bösch, Bozkurt, Bullmann, van den Burg, Busquin, Calabuig Rull, Capoulas Santos, Carnero González, Casaca, Cashman, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, De Keyser, De Rossa, De Vits, Díez González, Dobolyi, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Hänsch, Haug, Hazan, Hedkvist Petersen, Hegyi, Herczog, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, McAvan, Madeira, Mann Erika, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Muscat, Myller, Obiols i Germà, Occhetto, Öger, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Prets, Rapkay, Rasmussen, Riera Madurell, Rosati, Rothe, Rouček, Sakalas, Saks, Sánchez Presedo, dos Santos, Schaldemose, Scheele, Segelström, Sifunakis, Simpson, Siwiec, Skinner, Sornosa Martínez, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Thomsen, Titley, Van Lancker, Weber Henri, Weiler, Westlund, Wiersma, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Didžiokas, Foglietta, Foltyn-Kubicka, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Maldeikis, Masiel, Muscardini, Musumeci, Ó Neachtain, Podkański, Roszkowski, Rutowicz, Ryan, Szymański, Tatarella, Vaidere, Wojciechowski Janusz, Zīle

Verts/ALE: Schlyter

Abstention: 18

ALDE: Toia

GUE/NGL: Aita, Manolakou, Pafilis

NI: Rivera

PSE: Evans Robert, Gill, Honeyball, Howitt, McCarthy, Martin David, Stihler, Willmott

Verts/ALE: van Buitenen, Evans Jill, Joan i Marí, Lucas, Smith

Corrections to votes

For

Anne Ferreira, Henri Weber

Against

Jan Andersson, Konstantinos Hatzidakis

65.   Report: Stubb A6-0393/2006

Paragraph 18

For: 393

ALDE: Andrejevs, Andria, Attwooll, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Lambsdorff, Lax, Losco, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Piskorski, Prodi, Resetarits, Ries, Riis-Jørgensen, Samuelsen, Savi, Schmidt Olle, Schuth, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Toia, Veraldi, Wallis

GUE/NGL: Kaufmann

NI: Battilocchio, Belohorská, De Michelis, Mussolini

PPE-DE: Albertini, Andrikienė, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Böge, Bonsignore, Braghetto, Brejc, Brepoels, Březina, Brok, Brunetta, Busuttil, Casini, Castiglione, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Doyle, Duka-Zólyomi, Ebner, Ehler, Eurlings, Fatuzzo, Ferber, Fernández Martín, Fjellner, Fontaine, Fraga Estévez, Freitas, Friedrich, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Járóka, Jeggle, Jordan Cizelj, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lehne, Liese, Lulling, Maat, McGuinness, Mann Thomas, Mantovani, Marques, Martens, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayor Oreja, Méndez de Vigo, Millán Mon, Mitchell, Montoro Romero, Musotto, Nassauer, Niebler, van Nistelrooij, Novak, Olajos, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Podestà, Posdorf, Posselt, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Schierhuber, Schöpflin, Seeber, Silva Peneda, Sommer, Spautz, Šťastný, Stauner, Stubb, Sudre, Surján, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasto, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zappalà, Zatloukal

PSE: Andersson, Arnaoutakis, Ayala Sender, Badia I Cutchet, Berger, Berlinguer, Berman, Bösch, Bozkurt, Bullmann, van den Burg, Busquin, Capoulas Santos, Carlotti, Carnero González, Casaca, Cercas, Christensen, Correia, De Keyser, De Rossa, De Vits, Díez González, Dobolyi, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Golik, Gomes, Gottardi, Grabowska, Grech, Groote, Gruber, Gurmai, Hänsch, Haug, Hedkvist Petersen, Hegyi, Herczog, Hutchinson, Jöns, Jørgensen, Kindermann, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Le Foll, Lehtinen, Leichtfried, Leinen, Lévai, Liberadzki, Locatelli, Madeira, Mann Erika, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Paasilinna, Pahor, Panzeri, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Reynaud, Riera Madurell, Rosati, Rothe, Rouček, Sakalas, Saks, Sánchez Presedo, dos Santos, Savary, Schaldemose, Scheele, Segelström, Sifunakis, Siwiec, Sornosa Martínez, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Thomsen, Van Lancker, Weber Henri, Weiler, Westlund, Wiersma, Yañez-Barnuevo García

UEN: Aylward, Berlato, Crowley, Czarnecki Ryszard, Didžiokas, Kristovskis, Kuc, La Russa, Maldeikis, Muscardini, Musumeci, Ó Neachtain, Ryan, Tatarella

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Frassoni, de Groen-Kouwenhoven, Hammerstein Mintz, Hassi, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Özdemir, Rühle, Schroedter, Staes, Turmes, Voggenhuber, Ždanoka

Against: 130

ALDE: Beaupuy, Bourlanges, Gibault, Griesbeck, Laperrouze, Lehideux, Morillon, Takkula, Väyrynen

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Holm, Kohlíček, Liotard, McDonald, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Ransdorf, Remek, Seppänen, Strož, Svensson, Triantaphyllides, Wurtz, Zimmer

IND/DEM: Batten, Belder, Blokland, Bonde, Clark, Goudin, Karatzaferis, Krupa, Louis, Lundgren, Sinnott, Tomczak, de Villiers, Železný

NI: Allister, Bobošíková, Chruszcz, Claeys, Dillen, Giertych, Gollnisch, Helmer, Lang, Martin Hans-Peter, Martinez, Mote, Romagnoli, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Atkins, Cabrnoch, Deva, Dover, Duchoň, Evans Jonathan, Harbour, Hatzidakis, Jackson, Kamall, Kirkhope, Ouzký, Parish, Purvis, Škottová, Sonik, Stevenson, Strejček, Tannock, Van Orden, Vlasák, Zahradil, Zvěřina

PSE: Arif, Berès, Bono, Bourzai, Castex, Cottigny, Désir, Douay, Ferreira Anne, Fruteau, Hamon, Hazan, Patrie, Roure, Schapira, Trautmann, Vaugrenard, Vergnaud

UEN: Bielan, Borghezio, Camre, Czarnecki Marek Aleksander, Foltyn-Kubicka, Grabowski, Janowski, Kuźmiuk, Libicki, Masiel, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Szymański, Wojciechowski Janusz, Zapałowski

Verts/ALE: Joan i Marí, Schlyter, Smith

Abstention: 38

ALDE: Kułakowski

NI: Rivera

PPE-DE: Chmielewski, Handzlik, Jałowiecki, Kaczmarek, Klich, Olbrycht, Pleštinská, Protasiewicz, Saryusz-Wolski, Seeberg, Siekierski, Zaleski, Zwiefka

PSE: van den Berg, Cashman, Chiesa, Corbey, Evans Robert, Gill, Honeyball, Howitt, Hughes, McAvan, McCarthy, Martin David, Morgan, Simpson, Skinner, Stihler, Titley, Willmott

UEN: Vaidere, Zīle

Verts/ALE: van Buitenen, Evans Jill, Romeva i Rueda

Corrections to votes

For

Konstantinos Hatzidakis

Against

Henri Weber, Gilles Savary

66.   Report: Stubb A6-0393/2006

Resolution

For: 398

ALDE: Andrejevs, Andria, Attwooll, Bourlanges, Bowles, Budreikaitė, Busk, Carlshamre, Chatzimarkakis, Cocilovo, Degutis, Deprez, Dičkutė, Drčar Murko, Duff, Ek, Fourtou, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Laperrouze, Lax, Lehideux, Losco, Ludford, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Neyts-Uyttebroeck, Nicholson of Winterbourne, Piskorski, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Schmidt Olle, Schuth, Starkevičiūtė, Sterckx, Susta, Szent-Iványi, Toia, Veraldi, Wallis

GUE/NGL: Kaufmann

NI: Battilocchio, Belohorská, Bobošíková, De Michelis, Mussolini, Rivera

PPE-DE: Albertini, Andrikienė, Audy, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Böge, Bonsignore, Braghetto, Brejc, Brepoels, Brok, Brunetta, Busuttil, Castiglione, Coelho, Coveney, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dimitrakopoulos, Dombrovskis, Doorn, Doyle, Duka-Zólyomi, Ebner, Ehler, Eurlings, Fatuzzo, Ferber, Fernández Martín, Fjellner, Fontaine, Fraga Estévez, Freitas, Friedrich, Gál, Gaľa, Galeote, García-Margallo y Marfil, Gargani, Garriga Polledo, Gaubert, Gauzès, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Hatzidakis, Hennicot-Schoepges, Herranz García, Herrero-Tejedor, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Járóka, Jeggle, Jordan Cizelj, Karas, Kasoulides, Kauppi, Kelam, Klamt, Klaß, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kušķis, Lamassoure, Landsbergis, Langen, Langendries, Lauk, Lehne, Lulling, Maat, McGuinness, Mann Thomas, Marques, Martens, Mathieu, Mauro, Mavrommatis, Mayor Oreja, Méndez de Vigo, Millán Mon, Mitchell, Musotto, Nassauer, Niebler, van Nistelrooij, Novak, Olajos, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Patriciello, Peterle, Pieper, Pīks, Pinheiro, Pirker, Posdorf, Posselt, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Schierhuber, Schöpflin, Seeber, Silva Peneda, Sommer, Spautz, Šťastný, Stauner, Stubb, Sudre, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varvitsiotis, Vatanen, Veneto, Ventre, Vernola, Vidal-Quadras, Vlasto, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Zappalà, Zatloukal

PSE: Andersson, Arif, Arnaoutakis, Ayala Sender, Badia I Cutchet, van den Berg, Berger, Berlinguer, Berman, Bösch, Bourzai, Bozkurt, Bullmann, van den Burg, Busquin, Capoulas Santos, Carlotti, Carnero González, Casaca, Castex, Cercas, Christensen, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Golik, Gomes, Grabowska, Grech, Groote, Gruber, Hänsch, Hamon, Haug, Hedkvist Petersen, Hegyi, Herczog, Hutchinson, Jöns, Jørgensen, Kindermann, Krehl, Kreissl-Dörfler, Kuhne, Lambrinidis, Le Foll, Lehtinen, Leichtfried, Leinen, Liberadzki, Locatelli, Madeira, Mann Erika, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Muscat, Myller, Napoletano, Occhetto, Paasilinna, Pahor, Panzeri, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Rasmussen, Riera Madurell, Rosati, Rothe, Rouček, Roure, Sakalas, Saks, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Sifunakis, Siwiec, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Tabajdi, Tarabella, Thomsen, Trautmann, Van Lancker, Vaugrenard, Vergnaud, Weber Henri, Weiler, Westlund, Wiersma, Yañez-Barnuevo García

UEN: Aylward, Berlato, Crowley, Didžiokas, Kristovskis, Kuc, La Russa, Maldeikis, Muscardini, Musumeci, Ó Neachtain, Ryan, Tatarella, Vaidere

Verts/ALE: Aubert, Auken, Bennahmias, Breyer, Cohn-Bendit, Cramer, Frassoni, de Groen-Kouwenhoven, Hassi, Horáček, Isler Béguin, Jonckheer, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Özdemir, Onesta, Romeva i Rueda, Rühle, Schroedter, Staes, Turmes, Voggenhuber

Against: 99

ALDE: Takkula, Väyrynen

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Holm, Kohlíček, Liotard, McDonald, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Ransdorf, Remek, Seppänen, Strož, Svensson, Triantaphyllides, Wurtz, Zimmer

IND/DEM: Batten, Belder, Blokland, Bonde, Clark, Goudin, Karatzaferis, Krupa, Louis, Lundgren, Sinnott, Tomczak, de Villiers, Železný

NI: Allister, Chruszcz, Claeys, Dillen, Giertych, Gollnisch, Helmer, Lang, Martin Hans-Peter, Mote, Romagnoli, Schenardi, Vanhecke, Wojciechowski Bernard Piotr

PPE-DE: Atkins, Cabrnoch, Deva, Dover, Duchoň, Evans Jonathan, Harbour, Jackson, Kamall, Kirkhope, Montoro Romero, Ouzký, Parish, Purvis, Škottová, Sonik, Stevenson, Strejček, Tannock, Van Orden, Vlasák, Zahradil, Zvěřina

UEN: Bielan, Camre, Czarnecki Ryszard, Foltyn-Kubicka, Grabowski, Kuźmiuk, Libicki, Piotrowski, Podkański, Rogalski, Roszkowski, Szymański, Wojciechowski Janusz, Zapałowski

Verts/ALE: van Buitenen, Joan i Marí, Schlyter, Smith

Abstention: 36

NI: Martinez

PPE-DE: Chmielewski, Handzlik, Jałowiecki, Kaczmarek, Klich, Olbrycht, Pleštinská, Protasiewicz, Saryusz-Wolski, Seeberg, Siekierski, Záborská, Zaleski, Zwiefka

PSE: Cashman, Chiesa, Evans Robert, Gill, Honeyball, Howitt, Hughes, McAvan, McCarthy, Martin David, Morgan, Simpson, Skinner, Titley, Willmott

UEN: Borghezio, Janowski, Masiel, Rutowicz, Zīle

Verts/ALE: Evans Jill

Corrections to votes

For

Britta Thomsen

Against

Jean-Claude Martinez

---

TEXTS ADOPTED

P6_TA(2006)0552

European Chemicals Agency ***II

European Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC of the European Parliament and of the Council and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (7524/8/2006 — C6-0267/2006 — 2003/0256(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (7524/8/2006 — C6-0267/2006) (1), |
| --- | --- |

—

having regard to the Council common position (7524/8/2006 — C6-0267/2006) (1),

| — | having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2003)0644) (3), |
| --- | --- |

—

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2003)0644) (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 (A6-0352/2006), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A6-0352/2006),

| — | having regard to the Commission statements which are annexed to this legislative resolution and which will be published together with the legislative act in the Official Journal; |
| --- | --- |

—

having regard to the Commission statements which are annexed to this legislative resolution and which will be published together with the legislative act in the Official Journal;

| 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 the Commission. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  OJ C 276 E, 14.11.2006, p. 1.

(2)  OJ C 280 E, 18.11.2006, p. 303.

(3)  Not yet published in the OJ.

P6_TC2-COD(2003)0256

Position of the European Parliament adopted at second reading on 13 December 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC

(As an agreement was reached between Parliament and Council, Parliament's position at second reading corresponds to the final legislative act, Regulation (EC) No 1907/2006).

ANNEX

Commission Statement on Alternative Methods

As part of the Community's strategy to promote alternative test methods, the development of methods covering computer supported, in vitro and other methodologies, including refinement of current methods, has been a priority for decades. Between 1999 and 2002 (Fifth Framework Programme), the EU supported 43 research projects worth 65 million euro, several of which are still ongoing. In the current Research Framework Programme (Sixth Framework Programme: 2003-2006), the European Union is investing more than 90 million euro to develop robust, effective, non-animal testing methods that will withstand the requirements of international validation.

Research activities will continue in the forthcoming Seventh Framework Programme (2007-2013) through coordinated activities on alternative methods and strategies for safety testing focused on pharmaceuticals (under the Health theme) and industrial chemicals (under the Environment theme). Consideration has been given to which methods could make the most contribution to reducing animal testing within REACH, taking due account of the time needed to develop tests and the relevant registration deadlines in REACH. As a result, the Seventh Framework Programme includes the development of methods that could directly support the reduction of the use of animals in testing within REACH. Involvement of stakeholders is being sought through initiatives such as the European Partnership for Alternative Approaches to Animal Testing, launched on 7 November 2005 by Commissioners Potocnik and Verheugen together with industry. By effectively pooling Commission and industry experience, expertise and resources, a common coordinated Partnership at EU level and across sectors will be more effective than historically fragmented initiatives in this area.

The validation of alternative testing methods has been a priority for the Commission since 1991. To this end, the Commission set up the European Centre for the Validation of Alternative Methods (ECVAM), a specific unit within the Joint Research Centre with the task of coordinating the validation of alternative test methods at European Union level, and promoting the development, validation and international recognition of alternative test methods. The Commission will continue to validate appropriate methods and will consider the application of validated methods in Community legislation. Today, suitable methods are used in the context of the Community legislation on chemicals, to adapt Annex V of Directive 67/548/EEC. The Commission recognises the importance of securing regulatory acceptance for such methods as rapidly as possible and has adopted several validated alternative test methods in Annex V of Directive 67/548/EEC ahead of their eventual international acceptance. The Commission will give a high priority to ensuring that the REACH testing regulation is adapted as soon as possible after appropriate validated methods become available.

The Commission will continue to be active in international fora, particularly the OECD where it contributes to the development of new standards for tests and with especial focus on newly validated methods as mentioned above.

The regulatory framework in which test methods are used is as important as the specific methods. Since its very beginning, the minimisation of animal testing has been a key element of the design of REACH and the Commission has consistently worked to improve this aspect of the proposal. This can be seen in terms of significant changes throughout the process such as adding the pre-registration phase as a result of feedback on the White Paper in 2001 and accepting a single pre-registration date as proposed in both Parliament's First Reading Opinion and the Council Common Position. Minimisation of animal testing is also apparent in the detailed legislative text, including encouragement for grouping of substances, evaluation of testing proposals and use of read across. Important work related to reducing the use of animals is on-going in the RIPs (REACH Implementation Projects) with the development of intelligent testing strategies. The Commission is committed to continuing this work after the adoption of REACH. For example the development and maintenance of guidelines and Agency procedures will offer further opportunities to address concerns over animal testing.

The Commission will also consider relevant aspects in the review of Directive 86/609/EEC, specifically in relation to the ways in which the development, validation and regulatory acceptance of alternative methods in accordance with the ‘Three Rs’ principle could be further promoted.

Commission Statement on tobacco additives in the context of the negotiations on REACH and addressing the EP amendments on tobacco additives

The REACH Regulation covers chemical ingredients in tobacco products like any other chemical substance. As such, they will need to be registered and be subject to evaluation, restriction or authorisation under the REACH system. Some of their effects in burnt form should be covered by any required chemical safety assessments.

Once the REACH system is in operation, it will be necessary to summarise and to take into account the information made available under REACH on tobacco ingredients in order to benefit better from the synergies with the ongoing work in the context of Directive 2001/37/EC on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products.

In the context of Directive 2001/37/EC, the Commission is committed to promote:

| — | the development and application of a harmonised reporting format for tobacco ingredients in order to create a precondition for systematic assessment of tobacco ingredients. This could evolve, at a later stage, into the setting up of a European data bank on tobacco ingredients and their effects; |
| --- | --- |

—

the development and application of a harmonised reporting format for tobacco ingredients in order to create a precondition for systematic assessment of tobacco ingredients. This could evolve, at a later stage, into the setting up of a European data bank on tobacco ingredients and their effects;

| — | the assessment of tests for toxicological and addictive effects from a public health perspective; |
| --- | --- |

—

the assessment of tests for toxicological and addictive effects from a public health perspective;

| — | cooperation of independent tobacco laboratories within the EU in order to create the operational basis for a shared analysis and assessment of tobacco ingredients and/or smoke emissions by the Member States, and subsequent consideration on the form of a possible proposal for a common list of ingredients. |
| --- | --- |

—

cooperation of independent tobacco laboratories within the EU in order to create the operational basis for a shared analysis and assessment of tobacco ingredients and/or smoke emissions by the Member States, and subsequent consideration on the form of a possible proposal for a common list of ingredients.

The Commission will also:

| — | participate in the process of developing guidelines on testing and measuring of the contents and emissions of tobacco products in the context of the Framework Convention on Tobacco Control (FCTC), and |
| --- | --- |

—

participate in the process of developing guidelines on testing and measuring of the contents and emissions of tobacco products in the context of the Framework Convention on Tobacco Control (FCTC), and

| — | consider co-financing research on toxicity and in particular addictiveness of tobacco ingredients and/or smoke emissions in the context of the Research Framework Programme. |
| --- | --- |

—

consider co-financing research on toxicity and in particular addictiveness of tobacco ingredients and/or smoke emissions in the context of the Research Framework Programme.

By the next review of Directive 2001/37/EC, which will be based on the report on its implementation due at the end of 2007, the Commission will consider further development of the framework for the assessment of tobacco ingredients in the light of the experience gathered and impact assessments on different options.

The burden of proof on the health effects of the contents and emissions of tobacco products should lie fully with the industry, which should be responsible for the financing of the development, validation and carrying out of the appropriate toxicological and addictiveness tests. This process must be led by the public health authorities to ensure that all the methodologies developed properly address public health concerns.

On the basis of the principle established in the previous paragraph concerning the role of the industry in financing the tests, the Commission will examine the concrete options for raising adequate human and financial resources in order to fund any substantial work programme on evaluating ingredients and smoke emissions in order to assess properly the results from a health perspective.

The Commission is aware that the development and validation of methodologies and the evaluation of substances is a demanding task that will take several years.

P6_TA(2006)0553

Amendment of Directive 67/548/EEC on dangerous substances (REACH) ***II

European Parliament legislative resolution on the Council common position for adopting a directive of the European Parliament and of the Council amending Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances in order to adapt it to Regulation (EC) No .../2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency (7525/3/2006 — C6-0268/2006 — 2003/0257(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (7525/3/2006 — C6-0268/2006) (1), |
| --- | --- |

—

having regard to the Council common position (7525/3/2006 — C6-0268/2006) (1),

| — | having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2003)0644) (3), |
| --- | --- |

—

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2003)0644) (3),

| — | having regard to Article 251(2) of the EC Treaty, |
| --- | --- |

—

having regard to Article 251(2) of the EC Treaty,

| — | having regard to Rule 67 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A6-0345/2006); |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A6-0345/2006);

| 1. | Approves the common position; |
| --- | --- |

1.

Approves the common position;

| 2. | Notes that the act is adopted in accordance with the common position; |
| --- | --- |

2.

Notes that the act is adopted in accordance with the common position;

| 3. | Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty; |
| --- | --- |

3.

Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

| 4. | Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union; |
| --- | --- |

4.

Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union;

| 5. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

5.

Instructs its President to forward its position to the Council and Commission.

---

(1)  OJ C 276 E, 14.11.2006, p. 252.

(2)  OJ C 280 E, 18.11.2006, p. 440.

(3)  Not yet published in OJ.

P6_TA(2006)0554

Inclusion of Bulgarian and Romanian among the languages of procedure for the Court of Justice *

European Parliament legislative resolution on the draft Council Decision amending the Rules of Procedure of the Court of Justice of the European Communities as regards the language arrangements, in order to include Bulgarian and Romanian among the languages of cases as laid down in the Rules of Procedure (15712/2006 — C6-0434/2006 — 2006/0813(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Council draft (15712/2006), |
| --- | --- |

—

having regard to the Council draft (15712/2006),

| — | having regard to Article 245 (2) of the EC Treaty and Article 160(2) of the EAEC Treaty, pursuant to which the Council consulted Parliament (C6-0434/2006), |
| --- | --- |

—

having regard to Article 245 (2) of the EC Treaty and Article 160(2) of the EAEC Treaty, pursuant to which the Council consulted Parliament (C6-0434/2006),

| — | 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 Legal Affairs (A6-0463/2006); |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A6-0463/2006);

| 1. | Approves the draft Council decision; |
| --- | --- |

1.

Approves the draft Council decision;

| 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 text submitted for consultation substantially; |
| --- | --- |

3.

Asks the Council to consult Parliament again if it intends to amend the text submitted for consultation substantially;

| 4. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

4.

Instructs its President to forward its position to the Council and the Commission.

P6_TA(2006)0555

Inclusion of Bulgarian and Romanian among the languages of procedure for the Court of First Instance *

European Parliament legislative resolution on the draft Council Decision amending the Rules of Procedure of the Court of First Instance of the European Communities with regard to languages, in order to include Bulgarian and Romanian among the languages of cases as laid down in the Rules of Procedure (15715/2006 — C6-0435/2006 — 2006/0814(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Council draft (15715/2006), |
| --- | --- |

—

having regard to the Council draft (15715/2006),

| — | having regard to Article 245(2) of the EC Treaty and Article 160(2) of the EAEC Treaty, pursuant to which the Council consulted Parliament (C6-0435/2006), |
| --- | --- |

—

having regard to Article 245(2) of the EC Treaty and Article 160(2) of the EAEC Treaty, pursuant to which the Council consulted Parliament (C6-0435/2006),

| — | 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 Legal Affairs (A6-0462/2006); |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A6-0462/2006);

| 1. | Approves the draft Council decision; |
| --- | --- |

1.

Approves the draft Council decision;

| 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 text submitted for consultation substantially; |
| --- | --- |

3.

Asks the Council to consult Parliament again if it intends to amend the text submitted for consultation substantially;

| 4. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

4.

Instructs its President to forward its position to the Council and the Commission.

P6_TA(2006)0556

European Year of Intercultural Dialogue (2008) ***II

European Parliament legislative resolution on the Council common position for adopting a decision of the European Parliament and of the Council on the European Year of Intercultural Dialogue (2008) (14153/2/2006 — C6-0422/2006 — 2005/0203(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (14153/2/2006 – C6-0422/2006), |
| --- | --- |

—

having regard to the Council common position (14153/2/2006 – C6-0422/2006),

| — | having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2005)0467) (2), |
| --- | --- |

—

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2005)0467) (2),

| — | having regard to the amended Commission proposal (COM(2006)0492) (3), |
| --- | --- |

—

having regard to the amended Commission proposal (COM(2006)0492) (3),

| — | having regard to Article 251(2) of the EC Treaty, |
| --- | --- |

—

having regard to Article 251(2) of the EC Treaty,

| — | having regard to Rule 67 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Culture and Education (A6-0435/2006); |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Culture and Education (A6-0435/2006);

| 1. | Approves the common position; |
| --- | --- |

1.

Approves the common position;

| 2. | Notes that the act is adopted in accordance with the common position; |
| --- | --- |

2.

Notes that the act is adopted in accordance with the common position;

| 3. | Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty; |
| --- | --- |

3.

Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

| 4. | Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union; |
| --- | --- |

4.

Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union;

| 5. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

5.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  Texts Adopted, 1.6.2006, P6_TA(2006)0234.

(2)  Not yet published in OJ.

(3)  Not yet published in OJ.

P6_TA(2006)0557

Financial Regulation applicable to the general budget of the European Communities *

European Parliament legislative resolution on the joint guideline adopted by the Council with a view to adopting a Council regulation amending Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (14259/2006 — C6-0431/2006 — 2005/0090(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Council joint guideline of 7 November 2006 (14259/2006), |
| --- | --- |

—

having regard to the Council joint guideline of 7 November 2006 (14259/2006),

| — | having regard to the Commission proposal to the Council (COM(2005)0181) (1) and the amended proposal (COM(2006)0213) (2), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2005)0181) (1) and the amended proposal (COM(2006)0213) (2),

| — | having regard to its positions of 15 March 2006 (3) and 6 July 2006 (4) on the Commission proposal and of 6 September 2006 on the Commission's amended proposal (5), |
| --- | --- |

—

having regard to its positions of 15 March 2006 (3) and 6 July 2006 (4) on the Commission proposal and of 6 September 2006 on the Commission's amended proposal (5),

| — | having regard to Article 279 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0431/2006), |
| --- | --- |

—

having regard to Article 279 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0431/2006),

| — | having regard to Rules 51 and 56 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 51 and 56 of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgets and the opinion of the Committee on Budgetary Control (A6-0447/2006); |
| --- | --- |

—

having regard to the report of the Committee on Budgets and the opinion of the Committee on Budgetary Control (A6-0447/2006);

| 1. | Accepts the conciliation conclusions of 21 November 2006 and declares closed the conciliation procedure provided for in Article 184 of the Financial Regulation; |
| --- | --- |

1.

Accepts the conciliation conclusions of 21 November 2006 and declares closed the conciliation procedure provided for in Article 184 of the Financial Regulation;

| 2. | Instructs its President to forward its position as annexed to this legislative resolution to the Council and Commission. |
| --- | --- |

2.

Instructs its President to forward its position as annexed to this legislative resolution to the Council and Commission.

---

(1)  Not yet published in OJ.

(2)  Not yet published in OJ.

(3)  Texts Adopted, P6_TA(2006)0085.

(4)  Texts Adopted, P6_TA(2006)0312.

(5)  Texts Adopted, P6_TA(2006)0343.

ANNEX

Council Regulation amending Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 279 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 183 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Court of Auditors (1),

Whereas:

| (1) | Council Regulation (EC, Euratom) No 1605/2002 (2), hereinafter ‘the Financial Regulation’, lays down the legal foundations of the financial management reform. As such, its essential elements should be maintained and strengthened. Transparency, in particular, should be reinforced by providing for information on beneficiaries of Community funds. Moreover, the budgetary principles established by the Financial Regulation should be respected by all legislative acts and derogations should be kept to a strict minimum. |
| --- | --- |

(1)

Council Regulation (EC, Euratom) No 1605/2002 (2), hereinafter ‘the Financial Regulation’, lays down the legal foundations of the financial management reform. As such, its essential elements should be maintained and strengthened. Transparency, in particular, should be reinforced by providing for information on beneficiaries of Community funds. Moreover, the budgetary principles established by the Financial Regulation should be respected by all legislative acts and derogations should be kept to a strict minimum.

| (2) | In the light of practical experience, certain amendments should be made in order to facilitate budget implementation and the realisation of the underlying policy objectives and to adjust some procedural and documentary requirements so as to make them more proportionate to the risks and cost involved, in accordance with the principle of proportionality as set out in the third subparagraph of Article 5 of the EC Treaty. |
| --- | --- |

(2)

In the light of practical experience, certain amendments should be made in order to facilitate budget implementation and the realisation of the underlying policy objectives and to adjust some procedural and documentary requirements so as to make them more proportionate to the risks and cost involved, in accordance with the principle of proportionality as set out in the third subparagraph of Article 5 of the EC Treaty.

| (3) | All amendments should contribute to achieving the objectives of the Commission's reforms and help improve or ensure sound financial management, thus contributing to obtaining a reasonable assurance of the legality and regularity of financial operations. |
| --- | --- |

(3)

All amendments should contribute to achieving the objectives of the Commission's reforms and help improve or ensure sound financial management, thus contributing to obtaining a reasonable assurance of the legality and regularity of financial operations.

| (4) | Account should be taken of provisions implementing the revenue and expenditure of the budget, contained in the basic legal acts adopted for the period 2007 to 2013, in order to ensure coherence between those acts and the Financial Regulation. |
| --- | --- |

(4)

Account should be taken of provisions implementing the revenue and expenditure of the budget, contained in the basic legal acts adopted for the period 2007 to 2013, in order to ensure coherence between those acts and the Financial Regulation.

| (5) | It should be clarified that sound financial management requires effective and efficient internal control, and the main features and objectives of internal control systems should be defined. |
| --- | --- |

(5)

It should be clarified that sound financial management requires effective and efficient internal control, and the main features and objectives of internal control systems should be defined.

| (6) | In order to ensure the transparency of the use of funds deriving from the budget, it is necessary to make available information on the beneficiaries of these funds within certain limits necessary to protect legitimate public and private interests and taking into account the specificity of European Agricultural Guarantee Fund year. |
| --- | --- |

(6)

In order to ensure the transparency of the use of funds deriving from the budget, it is necessary to make available information on the beneficiaries of these funds within certain limits necessary to protect legitimate public and private interests and taking into account the specificity of European Agricultural Guarantee Fund year.

| (7) | As regards the principle of unity of the budget, the rule governing interest generated by pre-financing should be simplified. The administrative burden involved in the recovery of that interest is disproportionate to the objective pursued and it would be more efficient to allow interest to be set off against the final payment to the beneficiary. |
| --- | --- |

(7)

As regards the principle of unity of the budget, the rule governing interest generated by pre-financing should be simplified. The administrative burden involved in the recovery of that interest is disproportionate to the objective pursued and it would be more efficient to allow interest to be set off against the final payment to the beneficiary.

| (8) | With regard to the principle of annuality, more flexibility and transparency should be introduced to respond to functional needs. The carry-over of appropriations should exceptionally be permitted in the case of expenditure on direct payments to farmers under the new European Agricultural Guarantee Fund (EAGF). |
| --- | --- |

(8)

With regard to the principle of annuality, more flexibility and transparency should be introduced to respond to functional needs. The carry-over of appropriations should exceptionally be permitted in the case of expenditure on direct payments to farmers under the new European Agricultural Guarantee Fund (EAGF).

| (9) | Payment requests from the Member States under the new agricultural regulations will be concentrated overwhelmingly at the beginning of the budget year n. Therefore, the maximum threshold for advance commitments against the EAGF (from 15 November of year n – 1) to cover routine management expenditure (charged to the budget of year n) should be increased to three quarters of corresponding appropriations in the last adopted agricultural budget. As regards the limit on advance commitment of administrative expenditure, the text should be amended so that it refers to appropriations decided by the budget authority, excluding therefore transfers of appropriations. |
| --- | --- |

(9)

Payment requests from the Member States under the new agricultural regulations will be concentrated overwhelmingly at the beginning of the budget year n. Therefore, the maximum threshold for advance commitments against the EAGF (from 15 November of year n – 1) to cover routine management expenditure (charged to the budget of year n) should be increased to three quarters of corresponding appropriations in the last adopted agricultural budget. As regards the limit on advance commitment of administrative expenditure, the text should be amended so that it refers to appropriations decided by the budget authority, excluding therefore transfers of appropriations.

| (10) | The use of non-differentiated appropriations for veterinary measures, charged against the EAGF, unduly hampers the implementation of such actions, especially in respect of the limits placed on the possibilities for carry-overs. The use of differentiated appropriations for such expenditure should therefore be permitted, as this is more in keeping with the multi-annual nature of the actions. |
| --- | --- |

(10)

The use of non-differentiated appropriations for veterinary measures, charged against the EAGF, unduly hampers the implementation of such actions, especially in respect of the limits placed on the possibilities for carry-overs. The use of differentiated appropriations for such expenditure should therefore be permitted, as this is more in keeping with the multi-annual nature of the actions.

| (11) | As regards the principle of universality, two points should be added to the list of assigned revenue. First, as is currently possible under specific research programmes, it should be possible for the Member States to make ad hoc contributions, as assigned revenue, for projects under external relations programmes managed by the Commission. Secondly, proceeds from the sale of vehicles, equipment, installations, materials, and scientific and technical apparatus which are being replaced or scrapped should be treated as assigned revenue, as an encouragement to authorising officers to obtain the best prices for their disposal. |
| --- | --- |

(11)

As regards the principle of universality, two points should be added to the list of assigned revenue. First, as is currently possible under specific research programmes, it should be possible for the Member States to make ad hoc contributions, as assigned revenue, for projects under external relations programmes managed by the Commission. Secondly, proceeds from the sale of vehicles, equipment, installations, materials, and scientific and technical apparatus which are being replaced or scrapped should be treated as assigned revenue, as an encouragement to authorising officers to obtain the best prices for their disposal.

| (12) | At present, the Commission must be authorised by the budgetary authority before accepting any donations, such as gifts or bequests, which involve a charge. To avoid unnecessary and cumbersome procedures, authorisations should be made compulsory only in the case of donations exceeding a certain value and involving significant charges. |
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(12)

At present, the Commission must be authorised by the budgetary authority before accepting any donations, such as gifts or bequests, which involve a charge. To avoid unnecessary and cumbersome procedures, authorisations should be made compulsory only in the case of donations exceeding a certain value and involving significant charges.

| (13) | The rules governing transfers of appropriations should be simplified and clarified on certain points because in practice they have proved cumbersome or unclear. |
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(13)

The rules governing transfers of appropriations should be simplified and clarified on certain points because in practice they have proved cumbersome or unclear.

| (14) | For reasons of efficiency, the Commission should be allowed to decide autonomously on transfers from the reserve in cases where no basic act exists for the action concerned at the time when the budget is established, but where the basic act is adopted in the course of the year. |
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(14)

For reasons of efficiency, the Commission should be allowed to decide autonomously on transfers from the reserve in cases where no basic act exists for the action concerned at the time when the budget is established, but where the basic act is adopted in the course of the year.

| (15) | The rules on the Commission's administrative transfers should be adapted to the new Activity-Based Budgeting (ABB) structure. Thus, an exemption from the ‘notification procedure’ should be foreseen. During the last month of the financial year, the Commission should be allowed to decide autonomously on transfers of appropriations concerning staff expenditure, within the limit of 3 % of the appropriations of the year. |
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(15)

The rules on the Commission's administrative transfers should be adapted to the new Activity-Based Budgeting (ABB) structure. Thus, an exemption from the ‘notification procedure’ should be foreseen. During the last month of the financial year, the Commission should be allowed to decide autonomously on transfers of appropriations concerning staff expenditure, within the limit of 3 % of the appropriations of the year.

| (16) | Articles 26, 45 and 46 of the Financial Regulation should be amended because of the abolition of the reserve relating to Community loans and loan guarantees to third countries and the adoption of a new provisioning mechanism for the Guarantee Fund for external actions. |
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(16)

Articles 26, 45 and 46 of the Financial Regulation should be amended because of the abolition of the reserve relating to Community loans and loan guarantees to third countries and the adoption of a new provisioning mechanism for the Guarantee Fund for external actions.

| (17) | In order to accelerate the mobilisation of funds in exceptional cases of international humanitarian disasters and crises occurring at the end of the budgetary year, the Commission should be allowed to autonomously transfer unused budgetary appropriations available under Heading 4 of the multiannual financial framework to the budget titles concerned. |
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(17)

In order to accelerate the mobilisation of funds in exceptional cases of international humanitarian disasters and crises occurring at the end of the budgetary year, the Commission should be allowed to autonomously transfer unused budgetary appropriations available under Heading 4 of the multiannual financial framework to the budget titles concerned.

| (18) | As regards the budget procedure, the requirement laid down in Article 29 of the Financial Regulation that the budget be published within two months of adoption has proven unrealistic: three months would be more practicable. The concept of ‘Activity Statement’ should be inserted in Article 33 of the Financial Regulation in order to render official one of the key elements of ABB, and their content should be defined more precisely in order to make them operational. The payment schedules should be included in the working documents accompanying the preliminary draft budget listed in Article 33 of the Financial Regulation instead of in the budget itself, as they are not relevant to the budgetary procedure and are unnecessarily burdensome. |
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(18)

As regards the budget procedure, the requirement laid down in Article 29 of the Financial Regulation that the budget be published within two months of adoption has proven unrealistic: three months would be more practicable. The concept of ‘Activity Statement’ should be inserted in Article 33 of the Financial Regulation in order to render official one of the key elements of ABB, and their content should be defined more precisely in order to make them operational. The payment schedules should be included in the working documents accompanying the preliminary draft budget listed in Article 33 of the Financial Regulation instead of in the budget itself, as they are not relevant to the budgetary procedure and are unnecessarily burdensome.

| (19) | As regards the implementation of the budget, some adjustments appear necessary in order to better reflect the specific features of the Common Foreign and Security Policy (CFSP). For reasons of legal clarity, the types of basic acts applicable under the EC Treaty and under Title V and VI of the TEU should be identified in Article 49 of the Financial Regulation instead of in the implementing rules. In addition, a specific provision should be added in order to properly reflect the types of preparatory measures that may be undertaken in the field of the CFSP. |
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(19)

As regards the implementation of the budget, some adjustments appear necessary in order to better reflect the specific features of the Common Foreign and Security Policy (CFSP). For reasons of legal clarity, the types of basic acts applicable under the EC Treaty and under Title V and VI of the TEU should be identified in Article 49 of the Financial Regulation instead of in the implementing rules. In addition, a specific provision should be added in order to properly reflect the types of preparatory measures that may be undertaken in the field of the CFSP.

| (20) | As regards methods of management, Article 53 of the Financial Regulation should be restructured for the purpose of clarity. It is also necessary to remove the limitation of shared management to the European Agricultural Guidance and Guarantee Fund (EAGGF) and Structural Funds, because additional programmes will now operate under shared management. The requirements for joint management need to be made clearer. Article 54(2)(b) should be completed to include in particular the European Investment Bank and the European Investment Fund as Community bodies to which tasks can be delegated by the Commission. The criteria set out in Article 54 of the Financial Regulation for using national public-sector bodies should be simplified in order to facilitate their use and to respond to growing operational needs, and the scope of the provision should be extended to international public bodies. Article 54 should also clarify the position of special advisors or heads of mission appointed by the Council to manage certain actions in the context of the common foreign and security policy. |
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(20)

As regards methods of management, Article 53 of the Financial Regulation should be restructured for the purpose of clarity. It is also necessary to remove the limitation of shared management to the European Agricultural Guidance and Guarantee Fund (EAGGF) and Structural Funds, because additional programmes will now operate under shared management. The requirements for joint management need to be made clearer. Article 54(2)(b) should be completed to include in particular the European Investment Bank and the European Investment Fund as Community bodies to which tasks can be delegated by the Commission. The criteria set out in Article 54 of the Financial Regulation for using national public-sector bodies should be simplified in order to facilitate their use and to respond to growing operational needs, and the scope of the provision should be extended to international public bodies. Article 54 should also clarify the position of special advisors or heads of mission appointed by the Council to manage certain actions in the context of the common foreign and security policy.

| (21) | The responsibilities of the Member States under shared management should be set out in more detail, to take account of the ongoing discussions between the institutions concerning the discharge procedure and the appropriate control systems to put in place, reflecting the mutual responsibilities of the Member States and the Commission. Following the new interinstitutional agreement (point 44), Member States should be obliged to produce an annual summary of the available audits and declarations in relation to the funds under shared management. |
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(21)

The responsibilities of the Member States under shared management should be set out in more detail, to take account of the ongoing discussions between the institutions concerning the discharge procedure and the appropriate control systems to put in place, reflecting the mutual responsibilities of the Member States and the Commission. Following the new interinstitutional agreement (point 44), Member States should be obliged to produce an annual summary of the available audits and declarations in relation to the funds under shared management.

| (22) | The prohibition on delegating implementation tasks to private bodies should be modified in Article 57 of the Financial Regulation because the terms of that prohibition have turned out to be unnecessarily strict. It should be possible, for example, for the Commission to engage the services of a travel agency or a conference organiser to take charge of reimbursing the costs of participants at conferences, provided that no discretionary powers are exercised by the private company. |
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(22)

The prohibition on delegating implementation tasks to private bodies should be modified in Article 57 of the Financial Regulation because the terms of that prohibition have turned out to be unnecessarily strict. It should be possible, for example, for the Commission to engage the services of a travel agency or a conference organiser to take charge of reimbursing the costs of participants at conferences, provided that no discretionary powers are exercised by the private company.

| (23) | The establishment by several institutions of joint financial irregularities panels should be made possible. |
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(23)

The establishment by several institutions of joint financial irregularities panels should be made possible.

| (24) | The accounting officer's responsibility for certifying the accounts on the basis of the financial information supplied to him by the authorising officers should be clarified. To this end, the accounting officer should be empowered to check the information received by the authorising officer by delegation and to enter reservations, if necessary. |
| --- | --- |

(24)

The accounting officer's responsibility for certifying the accounts on the basis of the financial information supplied to him by the authorising officers should be clarified. To this end, the accounting officer should be empowered to check the information received by the authorising officer by delegation and to enter reservations, if necessary.

| (25) | The relationship between the Commission's internal auditor and bodies set up by the Communities should be clarified. Those bodies should have their own internal audit function reporting to their own management boards, whereas the Commission's internal auditor reports to the College on the procedures and systems of the Commission. It should be necessary for the Commission's internal auditor only to confirm that the bodies' internal audit functions meet international standards, and for that purpose he should be able to conduct assessments of the quality of the internal audit activity. |
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(25)

The relationship between the Commission's internal auditor and bodies set up by the Communities should be clarified. Those bodies should have their own internal audit function reporting to their own management boards, whereas the Commission's internal auditor reports to the College on the procedures and systems of the Commission. It should be necessary for the Commission's internal auditor only to confirm that the bodies' internal audit functions meet international standards, and for that purpose he should be able to conduct assessments of the quality of the internal audit activity.

| (26) | A period of limitation on the validity of claims should be introduced. The Community, unlike many of its Member States, is not subject to a period of limitation under which financial claims are extinguished after a certain period of time. Nor is the Community restricted by a period of limitation in the pursuit of its claims against third persons. The introduction of such a period of limitation corresponds to sound financial management. |
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(26)

A period of limitation on the validity of claims should be introduced. The Community, unlike many of its Member States, is not subject to a period of limitation under which financial claims are extinguished after a certain period of time. Nor is the Community restricted by a period of limitation in the pursuit of its claims against third persons. The introduction of such a period of limitation corresponds to sound financial management.

| (27) | The Financial Regulation should reflect the importance of framework contracts in the management of public procurement. It should encourage the use of interinstitutional procurement procedures and allow for the possibility of joint procurement procedures between an institution and a contracting authority from a Member State. |
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(27)

The Financial Regulation should reflect the importance of framework contracts in the management of public procurement. It should encourage the use of interinstitutional procurement procedures and allow for the possibility of joint procurement procedures between an institution and a contracting authority from a Member State.

| (28) | Certain technical adjustments should be made to ensure that the terminology of the Financial Regulation is fully in line with that of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (3). The possibility open to Member States under that Directive to determine specific procedures for contracts declared secret, when their performance must be accompanied by special security measures, or when the protection of the Member State so requires should be made available to the Community institutions. |
| --- | --- |

(28)

Certain technical adjustments should be made to ensure that the terminology of the Financial Regulation is fully in line with that of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (3). The possibility open to Member States under that Directive to determine specific procedures for contracts declared secret, when their performance must be accompanied by special security measures, or when the protection of the Member State so requires should be made available to the Community institutions.

| (29) | In line with Directive 2004/18/EC, the rules on exclusion from a procurement procedure need to be clarified. In addition, for reasons of legal certainty and proportionality, a maximum period of exclusion should be specified in the Financial Regulation. In the light of Directive 2004/18/EC, an exception to the rules on exclusion should be made for the purchase of supplies on particularly advantageous terms from either a supplier which is definitively winding up its business activities, or the receivers or liquidators of a bankruptcy, an arrangement with creditors, or a similar procedure under national law. |
| --- | --- |

(29)

In line with Directive 2004/18/EC, the rules on exclusion from a procurement procedure need to be clarified. In addition, for reasons of legal certainty and proportionality, a maximum period of exclusion should be specified in the Financial Regulation. In the light of Directive 2004/18/EC, an exception to the rules on exclusion should be made for the purchase of supplies on particularly advantageous terms from either a supplier which is definitively winding up its business activities, or the receivers or liquidators of a bankruptcy, an arrangement with creditors, or a similar procedure under national law.

| (30) | It should be made obligatory under Article 93 of the Financial Regulation for candidates or tenderers in procurement procedures to certify, if so requested, the ownership or the management, control and power of representation of the legal entity submitting a tender or that their subcontractors are not in one of the situations referred to in Article 93 of the Financial Regulation. Tenderers should not be required to certify that they are not in one of the situations giving rise to exclusion when they participate in a procurement procedure for the award of very low-value contracts. |
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(30)

It should be made obligatory under Article 93 of the Financial Regulation for candidates or tenderers in procurement procedures to certify, if so requested, the ownership or the management, control and power of representation of the legal entity submitting a tender or that their subcontractors are not in one of the situations referred to in Article 93 of the Financial Regulation. Tenderers should not be required to certify that they are not in one of the situations giving rise to exclusion when they participate in a procurement procedure for the award of very low-value contracts.

| (31) | In order to enhance the effectiveness of procurement procedures, the database of candidates or tenderers in situations of exclusion should be common to the institutions, executive agencies and bodies referred to in Article 185. |
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(31)

In order to enhance the effectiveness of procurement procedures, the database of candidates or tenderers in situations of exclusion should be common to the institutions, executive agencies and bodies referred to in Article 185.

| (32) | In order to take account of the interests of unsuccessful tenderers, it is appropriate to provide that a contract covered by Directive 2004/18/EC cannot be signed before the end of a reasonable standstill period. |
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(32)

In order to take account of the interests of unsuccessful tenderers, it is appropriate to provide that a contract covered by Directive 2004/18/EC cannot be signed before the end of a reasonable standstill period.

| (33) | The obligations of the institutions to suspend a procurement procedure or a contract under Article 103 in cases of fraud and irregularities should be clarified in order to make this provision more operational. |
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(33)

The obligations of the institutions to suspend a procurement procedure or a contract under Article 103 in cases of fraud and irregularities should be clarified in order to make this provision more operational.

| (34) | As regards grants, simplification of the rules is needed. Requirements for checks and guarantees should be more proportionate to the financial risks involved. The definition of grants needs to be clarified, in particular as regards financing related to loan activities or shareholdings and expenditure relating to fisheries markets. To improve the management of grants and to simplify procedures, it should be possible to award grants either by a decision of the institution or by a written agreement with the beneficiary. |
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(34)

As regards grants, simplification of the rules is needed. Requirements for checks and guarantees should be more proportionate to the financial risks involved. The definition of grants needs to be clarified, in particular as regards financing related to loan activities or shareholdings and expenditure relating to fisheries markets. To improve the management of grants and to simplify procedures, it should be possible to award grants either by a decision of the institution or by a written agreement with the beneficiary.

| (35) | For reasons of clarity and transparency, the use of lump sum and flat-rate payments should be authorised alongside the more traditional method of reimbursing costs actually incurred. |
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(35)

For reasons of clarity and transparency, the use of lump sum and flat-rate payments should be authorised alongside the more traditional method of reimbursing costs actually incurred.

| (36) | For reasons of legal clarity, the exceptions to the non-profit rule which are currently provided for in the implementing rules should be included in the Financial Regulation. Furthermore, it should be made clear that the purpose of awarding grants to certain actions is to help reinforce financial capacity or generate an income. |
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(36)

For reasons of legal clarity, the exceptions to the non-profit rule which are currently provided for in the implementing rules should be included in the Financial Regulation. Furthermore, it should be made clear that the purpose of awarding grants to certain actions is to help reinforce financial capacity or generate an income.

| (37) | The rule that grants should be awarded on the basis of calls for proposals has proved its worth. Experience has shown, however, that in certain cases the nature of the action leaves no choice in the selection of beneficiaries which should thus be exempted from this rule. |
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(37)

The rule that grants should be awarded on the basis of calls for proposals has proved its worth. Experience has shown, however, that in certain cases the nature of the action leaves no choice in the selection of beneficiaries which should thus be exempted from this rule.

| (38) | The rule that the same action should not give rise to more than one grant to any one beneficiary should be adjusted. Some basic legal acts do permit Community funding from different sources to be combined, and such cases may increase in future in order to ensure the effectiveness of expenditure. However, it should be made clear in Article 111 of the Financial Regulation that the same costs cannot be financed twice by the Community budget. |
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(38)

The rule that the same action should not give rise to more than one grant to any one beneficiary should be adjusted. Some basic legal acts do permit Community funding from different sources to be combined, and such cases may increase in future in order to ensure the effectiveness of expenditure. However, it should be made clear in Article 111 of the Financial Regulation that the same costs cannot be financed twice by the Community budget.

| (39) | The rule that the agreement on an operating grant may not be signed more than four months after the start of the beneficiary's financial year has proven unnecessarily rigid. This deadline should thus be extended to six months. |
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(39)

The rule that the agreement on an operating grant may not be signed more than four months after the start of the beneficiary's financial year has proven unnecessarily rigid. This deadline should thus be extended to six months.

| (40) | For reasons of simplification, in the case of operating grants taking the form of lump-sums or flat-rate financing, the rule that grants shall gradually decrease should be removed. |
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(40)

For reasons of simplification, in the case of operating grants taking the form of lump-sums or flat-rate financing, the rule that grants shall gradually decrease should be removed.

| (41) | Certain restrictions on the eligibility of beneficiaries should be removed in order to allow for grants to natural persons and certain types of entity which lack legal personality. In line with the principle of proportionality, for very low-value grants, the authorising officer may refrain from requesting applicants to certify that they are not in one of the situations of exclusion under Articles 93, 94 or 96 of the Financial Regulation. |
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(41)

Certain restrictions on the eligibility of beneficiaries should be removed in order to allow for grants to natural persons and certain types of entity which lack legal personality. In line with the principle of proportionality, for very low-value grants, the authorising officer may refrain from requesting applicants to certify that they are not in one of the situations of exclusion under Articles 93, 94 or 96 of the Financial Regulation.

| (42) | While grants will continue to be awarded on the basis of selection and award criteria, there is no need in practice to have those criteria evaluated by a committee specifically set up for that purpose, and that requirement should therefore be removed. |
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(42)

While grants will continue to be awarded on the basis of selection and award criteria, there is no need in practice to have those criteria evaluated by a committee specifically set up for that purpose, and that requirement should therefore be removed.

| (43) | As regards the procurement standards to be applied by beneficiaries of grants, the current rule in Article 120 is unclear and needs to be simplified. Moreover, the case in which the implementation of an action necessitates financial support to third parties should be expressly provided for. |
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(43)

As regards the procurement standards to be applied by beneficiaries of grants, the current rule in Article 120 is unclear and needs to be simplified. Moreover, the case in which the implementation of an action necessitates financial support to third parties should be expressly provided for.

| (44) | As regards the rules on accounting and the accounts, Article 121 of the Financial Regulation should make it possible for the Commission's accounting officer to determine, in compliance with international standards, which other bodies in addition to those receiving Community subsidies fall within the scope of the consolidation, it being understood that the consolidation of accounts neither entails any transfer of funds from self-financed bodies to the general budget of the European Union nor influences their financial and operational autonomy and the discharge procedures for their accounts. |
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(44)

As regards the rules on accounting and the accounts, Article 121 of the Financial Regulation should make it possible for the Commission's accounting officer to determine, in compliance with international standards, which other bodies in addition to those receiving Community subsidies fall within the scope of the consolidation, it being understood that the consolidation of accounts neither entails any transfer of funds from self-financed bodies to the general budget of the European Union nor influences their financial and operational autonomy and the discharge procedures for their accounts.

| (45) | In view of the coming into existence of the EAGF, which replaces the EAGGF from 2007, terminology needs to be adjusted in title of Title I of Part Two, and in Articles 26 and 148 to 151, of the Financial Regulation. Clarification is required in Article 151 to the effect that provisional commitments may be made after the normal two-month deadline following receipt of the Member States' statements of expenditure in cases where a decision on a transfer of appropriations is expected. Article 153 concerning transfers needs clarification. |
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(45)

In view of the coming into existence of the EAGF, which replaces the EAGGF from 2007, terminology needs to be adjusted in title of Title I of Part Two, and in Articles 26 and 148 to 151, of the Financial Regulation. Clarification is required in Article 151 to the effect that provisional commitments may be made after the normal two-month deadline following receipt of the Member States' statements of expenditure in cases where a decision on a transfer of appropriations is expected. Article 153 concerning transfers needs clarification.

| (46) | In Title II of Part Two and Article 155, the terminology should be adjusted so that reference is made only to the structural funds, the cohesion fund, the fisheries fund and the rural development fund. References to pre-accession structural measures (ISPA) and agricultural measures (SAPARD) should be removed, since they involve management by third countries on a decentralised basis in accordance with Article 164 and will continue to be implemented largely in the same way as at present. As regards the making available again of decommitted appropriations, in line with the new basic acts for structural actions in the period 2007 to 2013 which cover the case of force majeure, provision should be maintained in the Financial Regulation only for cases where a manifest error is attributable to the Commission. |
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(46)

In Title II of Part Two and Article 155, the terminology should be adjusted so that reference is made only to the structural funds, the cohesion fund, the fisheries fund and the rural development fund. References to pre-accession structural measures (ISPA) and agricultural measures (SAPARD) should be removed, since they involve management by third countries on a decentralised basis in accordance with Article 164 and will continue to be implemented largely in the same way as at present. As regards the making available again of decommitted appropriations, in line with the new basic acts for structural actions in the period 2007 to 2013 which cover the case of force majeure, provision should be maintained in the Financial Regulation only for cases where a manifest error is attributable to the Commission.

| (47) | In Article 160 of the Financial Regulation, a provision needs to be added to cover the assigned revenue generated by the winding-up of the European Coal and Steel Community and the making available of the corresponding appropriations. |
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(47)

In Article 160 of the Financial Regulation, a provision needs to be added to cover the assigned revenue generated by the winding-up of the European Coal and Steel Community and the making available of the corresponding appropriations.

| (48) | It is necessary to allow appropriations which have been decommitted as a result of total or partial non-implementation of the projects for which they were earmarked to be made available again. However, that should be possible only under strict conditions, and only in the area of research, since research projects present a higher financial risk than those in other policy areas. |
| --- | --- |

(48)

It is necessary to allow appropriations which have been decommitted as a result of total or partial non-implementation of the projects for which they were earmarked to be made available again. However, that should be possible only under strict conditions, and only in the area of research, since research projects present a higher financial risk than those in other policy areas.

| (49) | As regards external actions, it should be clarified that, in line with existing practice, the grant procedures to be applied by third countries in the case of decentralised management have to be specified in the financing agreements concluded with those countries. It should be specified that the ‘n + 3 rule’ according to which individual contracts and agreements which implement such financing agreements have to be concluded no later than three years following the date of conclusion of the financing agreement shall apply. Specific rules should be foreseen for the case of decentralised management of multi-annual programmes under Council Regulations (EC) ... (IPA and ENPI). |
| --- | --- |

(49)

As regards external actions, it should be clarified that, in line with existing practice, the grant procedures to be applied by third countries in the case of decentralised management have to be specified in the financing agreements concluded with those countries. It should be specified that the ‘n + 3 rule’ according to which individual contracts and agreements which implement such financing agreements have to be concluded no later than three years following the date of conclusion of the financing agreement shall apply. Specific rules should be foreseen for the case of decentralised management of multi-annual programmes under Council Regulations (EC) ... (IPA and ENPI).

| (50) | It should be made possible for the institutions to delegate authorising officer power to directors of inter-institutional European Offices for the management of appropriations entered in their respective sections of the budget, in order to facilitate management. While their content should remain unchanged, Articles 171, 173 and 176 of the Financial Regulation should be slightly re-structured in order to clarify the sub-delegation of authorising powers by the directors of Offices. |
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(50)

It should be made possible for the institutions to delegate authorising officer power to directors of inter-institutional European Offices for the management of appropriations entered in their respective sections of the budget, in order to facilitate management. While their content should remain unchanged, Articles 171, 173 and 176 of the Financial Regulation should be slightly re-structured in order to clarify the sub-delegation of authorising powers by the directors of Offices.

| (51) | The procedure under which the budgetary authority may issue an opinion on a building project should be clarified. |
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(51)

The procedure under which the budgetary authority may issue an opinion on a building project should be clarified.

| (52) | Successive framework research programmes have facilitated the work of the Commission by laying down simplified rules for the selection of external experts for evaluation of proposals or grant applications and technical assistance for the follow-up and evaluation of projects funded. This procedure should be made available in respect of all other programmes. |
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(52)

Successive framework research programmes have facilitated the work of the Commission by laying down simplified rules for the selection of external experts for evaluation of proposals or grant applications and technical assistance for the follow-up and evaluation of projects funded. This procedure should be made available in respect of all other programmes.

| (52a) | Transitional provisions should be added. First, in Article 181(1), as regards the making available again of decommitted appropriations corresponding to commitments made during the 2000-2006 Structural Funds programming period, the case of force majeure should continue to be applied as provided in the Financial Regulation of 25 June 2002 until the closure of the assistance. This is in order to avoid disruption of the current system since force majeure is treated differently in the new Regulation governing the Structural Funds. Second, in Article 181(2), to deal with the implementation of the provisions on the central database for exclusion from participation in procurement and grant procedures. Finally, in Article 181(3) to deal with the outstanding Community commitments to be financially settled in order to close the assistance provided for in the Regulations governing the Structural Funds and the Cohesion Fund for the 2000-2006 programming period. For the appropriations concerning operational expenditure, the possibility for the Commission to make transfers from one title to another must be preserved, provided that the appropriations in question are for the same objective. Similarly, the Commission may continue to make transfers from one title to another when the appropriations in question relate to Community initiatives or technical assistance and innovative measures, provided that they are transferred to measures of the same nature. This means for instance transferring appropriations relating to one Community initiative to another, in a different title. |
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(52a)

Transitional provisions should be added. First, in Article 181(1), as regards the making available again of decommitted appropriations corresponding to commitments made during the 2000-2006 Structural Funds programming period, the case of force majeure should continue to be applied as provided in the Financial Regulation of 25 June 2002 until the closure of the assistance. This is in order to avoid disruption of the current system since force majeure is treated differently in the new Regulation governing the Structural Funds. Second, in Article 181(2), to deal with the implementation of the provisions on the central database for exclusion from participation in procurement and grant procedures. Finally, in Article 181(3) to deal with the outstanding Community commitments to be financially settled in order to close the assistance provided for in the Regulations governing the Structural Funds and the Cohesion Fund for the 2000-2006 programming period. For the appropriations concerning operational expenditure, the possibility for the Commission to make transfers from one title to another must be preserved, provided that the appropriations in question are for the same objective. Similarly, the Commission may continue to make transfers from one title to another when the appropriations in question relate to Community initiatives or technical assistance and innovative measures, provided that they are transferred to measures of the same nature. This means for instance transferring appropriations relating to one Community initiative to another, in a different title.

| (53) | Regulation (EC, Euratom) No 1605/2002 should therefore be amended accordingly. |
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(53)

Regulation (EC, Euratom) No 1605/2002 should therefore be amended accordingly.

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC, Euratom) No 1605/2002 is amended as follows:

| (1) | In Article 1, the first paragraph is replaced by the following:
  ‘This Regulation lays down the rules for the establishment and implementation of the general budget of the European Communities, hereinafter “the budget”, and the presentation and auditing of the accounts.’ |
| --- | --- |

(1)

In Article 1, the first paragraph is replaced by the following:

‘This Regulation lays down the rules for the establishment and implementation of the general budget of the European Communities, hereinafter “the budget”, and the presentation and auditing of the accounts.’

| (2) | Article 3 is replaced by the following:
  ‘Article 3
  The budget shall be established and implemented in compliance with the principles of unity, budgetary accuracy, annuality, equilibrium, unit of account, universality, specification, sound financial management which requires effective and efficient internal control, and transparency as set out in this Regulation.’ |
| --- | --- |

(2)

Article 3 is replaced by the following:

‘Article 3

The budget shall be established and implemented in compliance with the principles of unity, budgetary accuracy, annuality, equilibrium, unit of account, universality, specification, sound financial management which requires effective and efficient internal control, and transparency as set out in this Regulation.’

| (3) | In Article 5, paragraph 4 is replaced by the following:
  ‘4.   Subject to Articles 5a, 18 and 74, interest yielded by the funds which are the property of the Communities shall be entered in the budget as miscellaneous revenue.’ |
| --- | --- |

(3)

In Article 5, paragraph 4 is replaced by the following:

‘4.   Subject to Articles 5a, 18 and 74, interest yielded by the funds which are the property of the Communities shall be entered in the budget as miscellaneous revenue.’

| (4) | The following Article 5a is added in Chapter 1 of Title II of Part One:
  ‘Article 5a
  1.   Interest generated by pre-financing payments shall be assigned to the programme or the action concerned and deducted from the payment of the balance of the amounts due to the beneficiary.
  The Regulation laying down the rules for implementing this Regulation, hereinafter “the implementing rules”, shall specify the cases in which the authorising officer responsible shall, by way of exception, recover annually such interest. That interest shall be entered in the budget as miscellaneous revenue.
  2.   Interest shall not be due to the Communities in the following cases:






  (a) | pre-financing which does not represent a significant amount, as determined in the implementing rules; |
| --- | --- | --- |

(4)

The following Article 5a is added in Chapter 1 of Title II of Part One:

‘Article 5a

1.   Interest generated by pre-financing payments shall be assigned to the programme or the action concerned and deducted from the payment of the balance of the amounts due to the beneficiary.

The Regulation laying down the rules for implementing this Regulation, hereinafter “the implementing rules”, shall specify the cases in which the authorising officer responsible shall, by way of exception, recover annually such interest. That interest shall be entered in the budget as miscellaneous revenue.

2.   Interest shall not be due to the Communities in the following cases:

(a)

pre-financing which does not represent a significant amount, as determined in the implementing rules;

| (b) | pre-financing paid under a procurement contract within the meaning of Article 88; |
| --- | --- |

(b)

pre-financing paid under a procurement contract within the meaning of Article 88;

| (c) | pre-financing paid to Member States; |
| --- | --- |

(c)

pre-financing paid to Member States;

| (d) | pre-financing paid under the pre-accession aid; |
| --- | --- |

(d)

pre-financing paid under the pre-accession aid;

| (e) | advances paid to members of the institutions and to staff in accordance with the Staff Regulations of Officials of the European Communities and the Conditions of employment of other servants of the European Communities, hereinafter “the Staff Regulations”; |
| --- | --- |

(e)

advances paid to members of the institutions and to staff in accordance with the Staff Regulations of Officials of the European Communities and the Conditions of employment of other servants of the European Communities, hereinafter “the Staff Regulations”;

| (f) | pre-financing paid in the framework of joint management as referred to in point (c) of Article 53(1).’ |
| --- | --- |

(f)

pre-financing paid in the framework of joint management as referred to in point (c) of Article 53(1).’

| (5) | Article 9 is amended as follows:






  (a) | in the introductory phrase of paragraph 2, ‘Appropriations for commitment of differentiated appropriations’ is replaced by ‘Commitment appropriations’; |
| --- | --- | --- |

(5)

Article 9 is amended as follows:

(a)

in the introductory phrase of paragraph 2, ‘Appropriations for commitment of differentiated appropriations’ is replaced by ‘Commitment appropriations’;

| (b) | in the first sentence of paragraph 3, ‘Appropriations for payment of differentiated appropriations’ is replaced by ‘Payment appropriations’. |
| --- | --- |

(b)

in the first sentence of paragraph 3, ‘Appropriations for payment of differentiated appropriations’ is replaced by ‘Payment appropriations’.

| (6) | In Article 11, ‘Article 157’ is replaced by ‘Articles 157 and 160a’. |
| --- | --- |

(6)

In Article 11, ‘Article 157’ is replaced by ‘Articles 157 and 160a’.

| (7) | In Article 16, the second paragraph is replaced by the following:
  ‘However, for the cash-flow purposes referred to in Article 61, the accounting officer and, in the case of imprest accounts, the imprest administrators, and, for the needs of the administrative management of the Commission's External Service, the authorising officer responsible shall be authorised to carry out operations in national currencies as laid down in the implementing rules.’ |
| --- | --- |

(7)

In Article 16, the second paragraph is replaced by the following:

‘However, for the cash-flow purposes referred to in Article 61, the accounting officer and, in the case of imprest accounts, the imprest administrators, and, for the needs of the administrative management of the Commission's External Service, the authorising officer responsible shall be authorised to carry out operations in national currencies as laid down in the implementing rules.’

| (8) | Article 18(1) is amended as follows:






  (a) | the introductory phrase is replaced by the following:

  ‘Without prejudice to Article 160(1a) and Article 161(2), the following items of revenue shall be used to finance specific items of expenditure:’ |
| --- | --- | --- |

(8)

Article 18(1) is amended as follows:

(a)

the introductory phrase is replaced by the following:

‘Without prejudice to Article 160(1a) and Article 161(2), the following items of revenue shall be used to finance specific items of expenditure:’

| (b) | the following point (aa) is inserted:






  ‘(aa) | financial contributions from Member States and other donor countries, including in both cases their public and parastatal agencies, or from international organisations to certain external aid projects or programmes financed by the Community and managed by the Commission on their behalf, pursuant to the relevant basic act;’ |
| --- | --- | --- |

(b)

the following point (aa) is inserted:

‘(aa)

financial contributions from Member States and other donor countries, including in both cases their public and parastatal agencies, or from international organisations to certain external aid projects or programmes financed by the Community and managed by the Commission on their behalf, pursuant to the relevant basic act;’

| (c) | the following point (ea) is inserted:






  ‘(ea) | proceeds from the sale of vehicles, equipment, installations, materials, and scientific and technical apparatus which are being replaced or scrapped when the book value is fully depreciated;’ |
| --- | --- | --- |

(c)

the following point (ea) is inserted:

‘(ea)

proceeds from the sale of vehicles, equipment, installations, materials, and scientific and technical apparatus which are being replaced or scrapped when the book value is fully depreciated;’

| (9) | In Article 19(2), the first sentence is replaced by the following:
  ‘Acceptance of donations of a value of 50 000euro or more which involve a financial charge, including follow-up costs, exceeding 10 % of the value of the donation made, shall be subject to the authorisation of the European Parliament and the Council, both of which shall act on the matter within two months of the date of receipt of the request from the Commission.’ |
| --- | --- |

(9)

In Article 19(2), the first sentence is replaced by the following:

‘Acceptance of donations of a value of 50 000euro or more which involve a financial charge, including follow-up costs, exceeding 10 % of the value of the donation made, shall be subject to the authorisation of the European Parliament and the Council, both of which shall act on the matter within two months of the date of receipt of the request from the Commission.’

| (10) | Article 22 is replaced by the following:
  ‘Article 22
  1.   Any institution other than the Commission may, within its own section of the budget, transfer appropriations:






  (a) | from one title to another up to a maximum of 10 % of the appropriations for the year shown on the line from which the transfer is made; |
| --- | --- | --- |

(10)

Article 22 is replaced by the following:

‘Article 22

1.   Any institution other than the Commission may, within its own section of the budget, transfer appropriations:

(a)

from one title to another up to a maximum of 10 % of the appropriations for the year shown on the line from which the transfer is made;

| (b) | from one chapter to another and from one article to another without limit. |
| --- | --- |

(b)

from one chapter to another and from one article to another without limit.

2.   Three weeks before making the transfers referred to in paragraph 1, the institutions shall inform the budgetary authority of their intentions. In the event of duly substantiated reasons being raised within this period by either branch of the budgetary authority, the procedure laid down in Article 24 shall apply.

3.   Any institution other than the Commission may propose to the budgetary authority, within its own section of the budget, transfers from one title to another exceeding the limit of 10 % of the appropriations for the financial year on the line from which the transfer is to be made. Those transfers shall be subject to the procedure laid down in Article 24.

4.   Any institution other than the Commission may, within its own section of the budget, make transfers within articles without prior information of the budgetary authority.’

| (11) | Article 23 is amended as follows:






  (a) | paragraph 1 is amended as follows:






  (i) | point (b) is replaced by the following:






  ‘(b) | as regards expenditure on staff and administration, transfer appropriations from one title to another up to a maximum of 10 % of the appropriations for the year shown on the line from which the transfer is made, and up to a maximum of 30 % of the appropriations for the year shown on the line to which the transfer is made;’ |
| --- | --- | --- | --- | --- |

(11)

Article 23 is amended as follows:

(a)

paragraph 1 is amended as follows:

(i)

point (b) is replaced by the following:

‘(b)

as regards expenditure on staff and administration, transfer appropriations from one title to another up to a maximum of 10 % of the appropriations for the year shown on the line from which the transfer is made, and up to a maximum of 30 % of the appropriations for the year shown on the line to which the transfer is made;’

| (ii) | the following point (d) is added:






  ‘(d) | transfer appropriations, as soon as the basic act is adopted pursuant to the procedure laid down in Article 251 of the EC Treaty, from the “provisions” title referred to in Article 43 for the cases where no basic act existed for the action concerned when the budget was established.’ |
| --- | --- | --- |

(ii)

the following point (d) is added:

‘(d)

transfer appropriations, as soon as the basic act is adopted pursuant to the procedure laid down in Article 251 of the EC Treaty, from the “provisions” title referred to in Article 43 for the cases where no basic act existed for the action concerned when the budget was established.’

| (iii) | the second subparagraph is replaced by the following:
  ‘Three weeks before making the transfers referred to in points (b) and (c) of the first subparagraph, the Commission shall inform the budgetary authority of its decision. In the event of duly substantiated reasons being raised within that three-week period by either branch of the budgetary authority, the procedure laid down in Article 24 shall apply.’ |
| --- | --- |

(iii)

the second subparagraph is replaced by the following:

‘Three weeks before making the transfers referred to in points (b) and (c) of the first subparagraph, the Commission shall inform the budgetary authority of its decision. In the event of duly substantiated reasons being raised within that three-week period by either branch of the budgetary authority, the procedure laid down in Article 24 shall apply.’

| (iv) | the following third and fourth subparagraphs are added:
  ‘However, during the last two months of the financial year, the Commission may autonomously transfer appropriations concerning expenditure on staff, external staff and other agents from one title to another within the total limit of 5 % of the appropriations of the financial year. The Commission shall inform the budgetary authority within two weeks after its decision on those transfers.
  The Commission shall inform the budgetary authority within two weeks after its decision on transfers referred to in point (d) of the first subparagraph.’ |
| --- | --- |

(iv)

the following third and fourth subparagraphs are added:

‘However, during the last two months of the financial year, the Commission may autonomously transfer appropriations concerning expenditure on staff, external staff and other agents from one title to another within the total limit of 5 % of the appropriations of the financial year. The Commission shall inform the budgetary authority within two weeks after its decision on those transfers.

The Commission shall inform the budgetary authority within two weeks after its decision on transfers referred to in point (d) of the first subparagraph.’

| (b) | in paragraph 2, ‘paragraph 1(c)’ is replaced by ‘paragraph 1’. |
| --- | --- |

(b)

in paragraph 2, ‘paragraph 1(c)’ is replaced by ‘paragraph 1’.

| (12) | Article 26 is amended as follows:






  (a) | paragraph 1 is replaced by the following:
  ‘1.   Transfers within the titles of the budget devoted to the European Agricultural Guarantee Fund (EAGF), the Structural Funds, Cohesion Fund, Fisheries Fund, the European Agricultural Fund for Rural Development (EAFRD) and Research shall be the subject of special provisions under Titles I, II and III of Part Two.’ |
| --- | --- | --- |

(12)

Article 26 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   Transfers within the titles of the budget devoted to the European Agricultural Guarantee Fund (EAGF), the Structural Funds, Cohesion Fund, Fisheries Fund, the European Agricultural Fund for Rural Development (EAFRD) and Research shall be the subject of special provisions under Titles I, II and III of Part Two.’

| (b) | in paragraph 2, the first subparagraph is replaced by the following:
  ‘Decisions on transfers to allow the utilisation of the reserve for emergency aid shall be taken by the budgetary authority on a proposal from the Commission. A separate proposal must be submitted for each individual operation.’ |
| --- | --- |

(b)

in paragraph 2, the first subparagraph is replaced by the following:

‘Decisions on transfers to allow the utilisation of the reserve for emergency aid shall be taken by the budgetary authority on a proposal from the Commission. A separate proposal must be submitted for each individual operation.’

| (c) | the following paragraph 3 is added:
  ‘3.   In duly substantiated exceptional cases of international humanitarian disasters and crises, occurring after 15 December of the budgetary year, the Commission may transfer unused budgetary appropriations for the current budgetary year still available in the budget titles falling under heading 4 of the multiannual financial framework to the budget titles concerning the crisis management aid and humanitarian aid operations. The Commission shall inform the two branches of the budgetary authority immediately after making such transfers.’ |
| --- | --- |

(c)

the following paragraph 3 is added:

‘3.   In duly substantiated exceptional cases of international humanitarian disasters and crises, occurring after 15 December of the budgetary year, the Commission may transfer unused budgetary appropriations for the current budgetary year still available in the budget titles falling under heading 4 of the multiannual financial framework to the budget titles concerning the crisis management aid and humanitarian aid operations. The Commission shall inform the two branches of the budgetary authority immediately after making such transfers.’

| (13) | Article 28 is amended as follows:






  (a) | paragraph 1 is replaced by the following:
  ‘1.   Any proposal or initiative submitted to the legislative authority by the Commission or by a Member State in conformity with the relevant provisions of the EC Treaty or the Treaty on European Union (TEU), which may have an impact on the budget, including changes in the number of posts, must be accompanied by a financial statement and the evaluation provided for in Article 27(4) of this Regulation.
  Any amendment to a proposal or initiative submitted to the legislative authority which may have appreciable implications for the budget, including changes in the number of posts, must be accompanied by a financial statement prepared by the institution proposing the amendment.’ |
| --- | --- | --- |

(13)

Article 28 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   Any proposal or initiative submitted to the legislative authority by the Commission or by a Member State in conformity with the relevant provisions of the EC Treaty or the Treaty on European Union (TEU), which may have an impact on the budget, including changes in the number of posts, must be accompanied by a financial statement and the evaluation provided for in Article 27(4) of this Regulation.

Any amendment to a proposal or initiative submitted to the legislative authority which may have appreciable implications for the budget, including changes in the number of posts, must be accompanied by a financial statement prepared by the institution proposing the amendment.’

| (b) | paragraph 3 is replaced by the following:
  ‘3.   In order to prevent the risk of fraud and irregularities, the financial statement referred to in paragraph 1 shall record any information regarding existing and planned fraud prevention and protection measures.’ |
| --- | --- |

(b)

paragraph 3 is replaced by the following:

‘3.   In order to prevent the risk of fraud and irregularities, the financial statement referred to in paragraph 1 shall record any information regarding existing and planned fraud prevention and protection measures.’

| (14) | After Article 28, the following Article is inserted:
  ‘Article 28a
  1.   The budget shall be implemented in compliance with effective and efficient internal control as appropriate in each management mode, and in accordance with the relevant sector-specific regulations.
  2.   For the purposes of the implementation of the budget, internal control is defined as a process applicable at all levels of the management and designed to provide reasonable assurance on the achievement of the following objectives:






  (a) | effectiveness, efficiency and economy of operations; |
| --- | --- | --- |

(14)

After Article 28, the following Article is inserted:

‘Article 28a

1.   The budget shall be implemented in compliance with effective and efficient internal control as appropriate in each management mode, and in accordance with the relevant sector-specific regulations.

2.   For the purposes of the implementation of the budget, internal control is defined as a process applicable at all levels of the management and designed to provide reasonable assurance on the achievement of the following objectives:

(a)

effectiveness, efficiency and economy of operations;

| (b) | reliability of reporting; |
| --- | --- |

(b)

reliability of reporting;

| (c) | safeguarding of assets and information; |
| --- | --- |

(c)

safeguarding of assets and information;

| (d) | prevention and detection of fraud and irregularities; |
| --- | --- |

(d)

prevention and detection of fraud and irregularities;

| (e) | adequate management of the risks relating to the legality and regularity of the underlying transactions, taking into account the multi-annual character of programmes as well as the nature of the payments concerned.’ |
| --- | --- |

(e)

adequate management of the risks relating to the legality and regularity of the underlying transactions, taking into account the multi-annual character of programmes as well as the nature of the payments concerned.’

| (15) | In Article 29, paragraph 2 is replaced by the following:
  ‘2.   The President of the European Parliament shall have the budget and amending budgets, as finally adopted, published in the Official Journal of the European Union.
  The budget shall be published within three months following the date on which the budget is declared finally adopted.
  The consolidated annual accounts and the report on budgetary and financial management drawn up by each institution shall be published in the Official Journal of the European Union.’ |
| --- | --- |

(15)

In Article 29, paragraph 2 is replaced by the following:

‘2.   The President of the European Parliament shall have the budget and amending budgets, as finally adopted, published in the Official Journal of the European Union.

The budget shall be published within three months following the date on which the budget is declared finally adopted.

The consolidated annual accounts and the report on budgetary and financial management drawn up by each institution shall be published in the Official Journal of the European Union.’

| (16) | In Article 30, the following paragraph 3 is added:
  ‘3.   The Commission shall make available, in the appropriate manner, the information on the beneficiaries of funds deriving from the budget held by it when the budget is implemented on a centralised basis and directly by its departments, and the information on the beneficiaries of funds as provided by the entities to which budget implementation tasks are delegated under other modes of management.
  This information shall be made available with due observance of the requirements of confidentiality, in particular the protection of personal data as laid down in Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data (4) and Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (5), and of the requirements of security, taking into account the specificities of each management mode referred to in Article 53 and where applicable in conformity with the relevant sector-specific rules.’ |
| --- | --- |

(16)

In Article 30, the following paragraph 3 is added:

‘3.   The Commission shall make available, in the appropriate manner, the information on the beneficiaries of funds deriving from the budget held by it when the budget is implemented on a centralised basis and directly by its departments, and the information on the beneficiaries of funds as provided by the entities to which budget implementation tasks are delegated under other modes of management.

This information shall be made available with due observance of the requirements of confidentiality, in particular the protection of personal data as laid down in Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data (4) and Regulation (EC) No 45/2001 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (5), and of the requirements of security, taking into account the specificities of each management mode referred to in Article 53 and where applicable in conformity with the relevant sector-specific rules.’

| (17) | Article 33(2) is amended as follows:






  (a) | point (d) is replaced by the following:






  ‘(d) | the activity statements containing the following:






  — | information on the achievement of all previously set specific, measurable, achievable, relevant and timed objectives for the various activities as well as new objectives measured by indicators; |
| --- | --- | --- | --- | --- |

(17)

Article 33(2) is amended as follows:

(a)

point (d) is replaced by the following:

‘(d)

the activity statements containing the following:

—

information on the achievement of all previously set specific, measurable, achievable, relevant and timed objectives for the various activities as well as new objectives measured by indicators;

| — | full justification and cost-benefit approach for proposed changes in the level of appropriations; |
| --- | --- |

—

full justification and cost-benefit approach for proposed changes in the level of appropriations;

| — | clear rationale for intervention at the EU level in keeping, inter alia, with the principle of subsidiarity; |
| --- | --- |

—

clear rationale for intervention at the EU level in keeping, inter alia, with the principle of subsidiarity;

| — | information on the implementation rates of the previous year's activity and implementation rates for the current year. |
| --- | --- |

—

information on the implementation rates of the previous year's activity and implementation rates for the current year.

Evaluation results shall be consulted and referred to as evidence of the likely merits of proposed budget changes.’

| (b) | the following point (e) is added:






  ‘(e) | a summary statement of the schedule of payments due in subsequent financial years to meet budgetary commitments entered into in earlier financial years.’ |
| --- | --- | --- |

(b)

the following point (e) is added:

‘(e)

a summary statement of the schedule of payments due in subsequent financial years to meet budgetary commitments entered into in earlier financial years.’

| (18) | In Article 37(1), the following new third subparagraph is added:
  ‘Before presenting a preliminary draft amending budget, the Commission and institutions other than the Commission shall examine the scope for reallocation of the relevant appropriations, taking into account any expected under-implementation of appropriations.’ |
| --- | --- |

(18)

In Article 37(1), the following new third subparagraph is added:

‘Before presenting a preliminary draft amending budget, the Commission and institutions other than the Commission shall examine the scope for reallocation of the relevant appropriations, taking into account any expected under-implementation of appropriations.’

| (19) | In Article 40, point (a) is replaced by the following:






  ‘(a) | a general statement of revenue and expenditure;’ |
| --- | --- | --- |

(19)

In Article 40, point (a) is replaced by the following:

‘(a)

a general statement of revenue and expenditure;’

| (20) | In Article 43(1), the second subparagraph is replaced by the following:
  ‘The appropriations in this title may be used only after transfer in accordance with the procedure laid down in Article 23(1)(d) in the cases where the adoption of the basic act is subject to the procedure laid down in Article 251 of the EC Treaty, and that of Article 24 for the other cases.’ |
| --- | --- |

(20)

In Article 43(1), the second subparagraph is replaced by the following:

‘The appropriations in this title may be used only after transfer in accordance with the procedure laid down in Article 23(1)(d) in the cases where the adoption of the basic act is subject to the procedure laid down in Article 251 of the EC Treaty, and that of Article 24 for the other cases.’

| (21) | In the second paragraph of Article 44, ‘Articles 22, 23 and 25’ is replaced by ‘Articles 23 and 25’. |
| --- | --- |

(21)

In the second paragraph of Article 44, ‘Articles 22, 23 and 25’ is replaced by ‘Articles 23 and 25’.

| (22) | Article 45 is replaced by the following:
  ‘Article 45
  1.   The Commission section of the budget shall include a reserve for emergency aid for third countries.
  2.   The reserve referred to in paragraph 1 shall be drawn upon before the end of the financial year by means of transfer in accordance with the procedure laid down in Articles 24 and 26.’ |
| --- | --- |

(22)

Article 45 is replaced by the following:

‘Article 45

1.   The Commission section of the budget shall include a reserve for emergency aid for third countries.

2.   The reserve referred to in paragraph 1 shall be drawn upon before the end of the financial year by means of transfer in accordance with the procedure laid down in Articles 24 and 26.’

| (23) | Article 46(1) is amended as follows:






  (a) | point (1) is amended as follows:






  (i) | the introductory phrase is replaced by the following:
  ‘in the general statement of revenue and expenditure:’; |
| --- | --- | --- | --- |

(23)

Article 46(1) is amended as follows:

(a)

point (1) is amended as follows:

(i)

the introductory phrase is replaced by the following:

‘in the general statement of revenue and expenditure:’;

| (ii) | point (f) is deleted; |
| --- | --- |

(ii)

point (f) is deleted;

| (iii) | point (g) is replaced by the following:






  ‘(g) | appropriate remarks on each subdivision, as set out in Article 41(1)’; |
| --- | --- | --- |

(iii)

point (g) is replaced by the following:

‘(g)

appropriate remarks on each subdivision, as set out in Article 41(1)’;

| (b) | point (2) is replaced by the following:






  ‘2) | in the section for each institution, the revenue and expenditure shall be shown in the same structure as in point (1)’; |
| --- | --- | --- |

(b)

point (2) is replaced by the following:

‘2)

in the section for each institution, the revenue and expenditure shall be shown in the same structure as in point (1)’;

| (c) | in point (3), point (c) is replaced by the following:






  ‘(c) | as regards scientific and technical staff, the classification may be based on groups of grades, in accordance with the conditions laid down in each budget; the establishment plan must specify the number of highly qualified technical or scientific personnel who are accorded special advantages under the specific provisions of the Staff Regulations;’ |
| --- | --- | --- |

(c)

in point (3), point (c) is replaced by the following:

‘(c)

as regards scientific and technical staff, the classification may be based on groups of grades, in accordance with the conditions laid down in each budget; the establishment plan must specify the number of highly qualified technical or scientific personnel who are accorded special advantages under the specific provisions of the Staff Regulations;’

| (d) | point (5) is replaced by the following:






  ‘(5) | the budget lines under revenue and expenditure necessary for implementing the Guarantee Fund for external actions.’ |
| --- | --- | --- |

(d)

point (5) is replaced by the following:

‘(5)

the budget lines under revenue and expenditure necessary for implementing the Guarantee Fund for external actions.’

| (24) | In the second subparagraph of Article 47(1), ‘grades A1, A2 and A3’ is replaced by ‘grades AD 16, AD 15 and AD 14’. |
| --- | --- |

(24)

In the second subparagraph of Article 47(1), ‘grades A1, A2 and A3’ is replaced by ‘grades AD 16, AD 15 and AD 14’.

| (25) | Article 49 is replaced by the following:
  ‘Article 49
  1.   A basic act shall first be adopted before the appropriations entered in the budget for any action by the Communities or by the European Union may be used.
  A basic act is a legal act which provides a legal basis for the action and for the implementation of the corresponding expenditure entered in the budget.
  2.   In application of the EC Treaty and the Euratom Treaty, a basic act is an act adopted by the legislative authority and may take the form of a regulation, a directive, a decision within the meaning of Article 249 of the EC Treaty or a decision sui generis.
  3.   In application of Title V of the TEU (concerning Common Foreign and Security Policy — CFSP), a basic act may take one of the forms specified in Articles 13(2) and (3), 14, 18(5), 23(1) and (2) and 24 of the TEU.
  4.   In application of Title VI of the TEU (concerning Police and Judicial Cooperation in Criminal Matters), a basic act may take one of the forms referred to in Article 34(2) of the TEU.
  5.   Recommendations and opinions do not constitute basic acts within the meaning of this article, nor do resolutions, conclusions, declarations or other acts which have no legal effects.
  6.   By way derogation of paragraphs 1 to 4, the following may be implemented without a basic act as long as the actions which they are intended to finance fall within the competence of the Communities or the European Union:






  (a) | appropriations for pilot schemes of an experimental nature designed to test the feasibility of an action and its usefulness. The relevant commitment appropriations may be entered in the budget for only two successive financial years; |
| --- | --- | --- |

(25)

Article 49 is replaced by the following:

‘Article 49

1.   A basic act shall first be adopted before the appropriations entered in the budget for any action by the Communities or by the European Union may be used.

A basic act is a legal act which provides a legal basis for the action and for the implementation of the corresponding expenditure entered in the budget.

2.   In application of the EC Treaty and the Euratom Treaty, a basic act is an act adopted by the legislative authority and may take the form of a regulation, a directive, a decision within the meaning of Article 249 of the EC Treaty or a decision sui generis.

3.   In application of Title V of the TEU (concerning Common Foreign and Security Policy — CFSP), a basic act may take one of the forms specified in Articles 13(2) and (3), 14, 18(5), 23(1) and (2) and 24 of the TEU.

4.   In application of Title VI of the TEU (concerning Police and Judicial Cooperation in Criminal Matters), a basic act may take one of the forms referred to in Article 34(2) of the TEU.

5.   Recommendations and opinions do not constitute basic acts within the meaning of this article, nor do resolutions, conclusions, declarations or other acts which have no legal effects.

6.   By way derogation of paragraphs 1 to 4, the following may be implemented without a basic act as long as the actions which they are intended to finance fall within the competence of the Communities or the European Union:

(a)

appropriations for pilot schemes of an experimental nature designed to test the feasibility of an action and its usefulness. The relevant commitment appropriations may be entered in the budget for only two successive financial years;

| (b) | appropriations for preparatory actions in the fields of application of the EC Treaty and the Euratom Treaty and of Title VI of the TEU, designed to prepare proposals with a view to the adoption of future actions. The preparatory actions are to follow a coherent approach and may take various forms. The relevant commitment appropriations may be entered in the budget for only three successive financial years at most. The legislative procedure must be concluded before the end of the third financial year. In the course of the legislative procedure, the commitment of appropriations must correspond to the particular features of the preparatory action as regards the activities envisaged, the aims pursued and the persons benefited. Consequently, the means implemented cannot correspond in volume to those envisaged for financing the definitive action itself;
  When the preliminary draft budget is presented, the Commission shall submit a report to the budgetary authority on the actions referred to in points (a) and (b) which shall also cover an assessment of results and the follow-up envisaged; |
| --- | --- |

(b)

appropriations for preparatory actions in the fields of application of the EC Treaty and the Euratom Treaty and of Title VI of the TEU, designed to prepare proposals with a view to the adoption of future actions. The preparatory actions are to follow a coherent approach and may take various forms. The relevant commitment appropriations may be entered in the budget for only three successive financial years at most. The legislative procedure must be concluded before the end of the third financial year. In the course of the legislative procedure, the commitment of appropriations must correspond to the particular features of the preparatory action as regards the activities envisaged, the aims pursued and the persons benefited. Consequently, the means implemented cannot correspond in volume to those envisaged for financing the definitive action itself;

When the preliminary draft budget is presented, the Commission shall submit a report to the budgetary authority on the actions referred to in points (a) and (b) which shall also cover an assessment of results and the follow-up envisaged;

| (c) | appropriations for preparatory measures in the field of Title V of the TEU (concerning CFSP). These measures shall be limited to a short period of time and shall be designed to establish the conditions for European Union action in fulfilment of the objectives of the CFSP and for the adoption of the necessary legal instruments;
  For the purpose of EU crisis management operations, preparatory measures are designed inter alia to assess the operational requirements, to provide for a rapid initial deployment of resources, or to establish the conditions on the ground for the launching of the operation.
  Preparatory measures shall be agreed by the Council, in full association with the Commission. To this end, the Presidency, assisted by the Secretary-General of the Council/High Representative for the CFSP, shall inform the Commission as early as possible on the Council's intention to launch a preparatory measure and in particular on the estimated resources required for this purpose. In conformity with the provisions of this Regulation, the Commission shall take all the necessary measures to ensure a rapid disbursement of the funds; |
| --- | --- |

(c)

appropriations for preparatory measures in the field of Title V of the TEU (concerning CFSP). These measures shall be limited to a short period of time and shall be designed to establish the conditions for European Union action in fulfilment of the objectives of the CFSP and for the adoption of the necessary legal instruments;

For the purpose of EU crisis management operations, preparatory measures are designed inter alia to assess the operational requirements, to provide for a rapid initial deployment of resources, or to establish the conditions on the ground for the launching of the operation.

Preparatory measures shall be agreed by the Council, in full association with the Commission. To this end, the Presidency, assisted by the Secretary-General of the Council/High Representative for the CFSP, shall inform the Commission as early as possible on the Council's intention to launch a preparatory measure and in particular on the estimated resources required for this purpose. In conformity with the provisions of this Regulation, the Commission shall take all the necessary measures to ensure a rapid disbursement of the funds;

| (d) | appropriations for one-off actions, or even actions for an indefinite duration, carried out by the Commission by virtue of tasks resulting from its prerogatives at institutional level pursuant to the EC Treaty and the Euratom Treaty other than its right of legislative initiative referred to in point (b) and under specific powers directly conferred on it by those Treaties, a list of which is given in the implementing rules; |
| --- | --- |

(d)

appropriations for one-off actions, or even actions for an indefinite duration, carried out by the Commission by virtue of tasks resulting from its prerogatives at institutional level pursuant to the EC Treaty and the Euratom Treaty other than its right of legislative initiative referred to in point (b) and under specific powers directly conferred on it by those Treaties, a list of which is given in the implementing rules;

| (e) | appropriations for the operation of each institution under its administrative autonomy.’ |
| --- | --- |

(e)

appropriations for the operation of each institution under its administrative autonomy.’

| (26) | In Article 50, the following second paragraph is added:
  ‘Each institution shall exercise these powers in accordance with this Regulation and within the limits of the appropriations authorised.’ |
| --- | --- |

(26)

In Article 50, the following second paragraph is added:

‘Each institution shall exercise these powers in accordance with this Regulation and within the limits of the appropriations authorised.’

| (27) | Article 52 is replaced by the following:
  ‘Article 52
  1.   All financial actors and any other person involved in budget implementation, management, audit or control shall be prohibited from taking any action which may bring their own interests into conflict with those of the Communities. Should such a case arise, the person in question must refrain from such actions and refer the matter to the competent authority.
  2.   There is a conflict of interests where the impartial and objective exercise of the functions of a financial actor or other person, as referred to in paragraph 1, is compromised for reasons involving family, emotional life, political or national affinity, economic interest or any other shared interest with the beneficiary.’ |
| --- | --- |

(27)

Article 52 is replaced by the following:

‘Article 52

1.   All financial actors and any other person involved in budget implementation, management, audit or control shall be prohibited from taking any action which may bring their own interests into conflict with those of the Communities. Should such a case arise, the person in question must refrain from such actions and refer the matter to the competent authority.

2.   There is a conflict of interests where the impartial and objective exercise of the functions of a financial actor or other person, as referred to in paragraph 1, is compromised for reasons involving family, emotional life, political or national affinity, economic interest or any other shared interest with the beneficiary.’

| (28) | Article 53 is replaced by the following:
  ‘Article 53
  The Commission shall implement the budget in accordance with the provisions set out in Articles 53a to 53d in any of the following ways:






  (a) | on a centralised basis; |
| --- | --- | --- |

(28)

Article 53 is replaced by the following:

‘Article 53

The Commission shall implement the budget in accordance with the provisions set out in Articles 53a to 53d in any of the following ways:

(a)

on a centralised basis;

| (b) | by shared or decentralised management; |
| --- | --- |

(b)

by shared or decentralised management;

| (c) | by joint management with international organisations.’ |
| --- | --- |

(c)

by joint management with international organisations.’

| (29) | The following Articles 53a to 53d are inserted:
  ‘Article 53a
  Where the Commission implements the budget on a centralised basis, implementation tasks shall be performed either directly by its departments or indirectly, in accordance with Articles 54 to 57.
  Article 53b
  1.   Where the Commission implements the budget by shared management, implementation tasks shall be delegated to Member States. That method shall apply in particular to the actions referred to in Titles I and II of Part Two.
  2.   Without prejudice to complementary provisions included in relevant sector-specific regulations, and in order to ensure in shared management that the funds are used in accordance with the applicable rules and principles, the Member States shall take all the legislative, regulatory and administrative or other measures necessary for protecting the Communities' financial interests. To this effect they shall in particular:






  (a) | satisfy themselves that actions financed from the budget are actually carried out and to ensure that they are implemented correctly; |
| --- | --- | --- |

(29)

The following Articles 53a to 53d are inserted:

‘Article 53a

Where the Commission implements the budget on a centralised basis, implementation tasks shall be performed either directly by its departments or indirectly, in accordance with Articles 54 to 57.

Article 53b

1.   Where the Commission implements the budget by shared management, implementation tasks shall be delegated to Member States. That method shall apply in particular to the actions referred to in Titles I and II of Part Two.

2.   Without prejudice to complementary provisions included in relevant sector-specific regulations, and in order to ensure in shared management that the funds are used in accordance with the applicable rules and principles, the Member States shall take all the legislative, regulatory and administrative or other measures necessary for protecting the Communities' financial interests. To this effect they shall in particular:

(a)

satisfy themselves that actions financed from the budget are actually carried out and to ensure that they are implemented correctly;

| (b) | prevent and deal with irregularities and fraud; |
| --- | --- |

(b)

prevent and deal with irregularities and fraud;

| (c) | recover funds wrongly paid or incorrectly used or funds lost as a result of irregularities or errors; |
| --- | --- |

(c)

recover funds wrongly paid or incorrectly used or funds lost as a result of irregularities or errors;

| (d) | ensure, by means of relevant sector-specific regulations and in conformity with Article 30(3), adequate annual ex post publication of beneficiaries of funds deriving from the budget. |
| --- | --- |

(d)

ensure, by means of relevant sector-specific regulations and in conformity with Article 30(3), adequate annual ex post publication of beneficiaries of funds deriving from the budget.

To that effect, the Member States shall conduct checks and shall put in place an effective and efficient internal control system, according to the provisions laid down in Article 28a. They shall bring legal proceedings as are necessary and appropriate.

3.   Member States shall produce an annual summary at the appropriate national level of the available audits and declarations.

4.   In order to ensure that the funds are used in accordance with the applicable rules, the Commission shall apply clearance-of-accounts procedures or financial correction mechanisms which enable it to assume final responsibility for the implementation of the budget.

Article 53c

1.   Where the Commission implements the budget by decentralised management, implementation tasks shall be delegated to third countries in accordance with Article 56 and Title IV of Part Two, without prejudice to delegation of residual tasks to bodies referred to in Article 54(2).

2.   In order to ensure that the funds are used in accordance with the applicable rules, the Commission shall apply clearance-of-accounts procedures or financial correction mechanisms which enable it to assume final responsibility for the implementation of the budget.

3.   Third countries to which implementation tasks are delegated shall ensure, in conformity with Article 30(3), adequate annual ex post publication of beneficiaries of funds deriving from the budget.

Article 53d

1.   Where the Commission implements the budget by joint management, certain implementation tasks shall be delegated to international organisations, in accordance with the implementing rules, in the following cases:

| (a) | wherever the Commission and the international organisation are bound by a long-term framework agreement laying down the administrative and financial arrangements for their cooperation; |
| --- | --- |

(a)

wherever the Commission and the international organisation are bound by a long-term framework agreement laying down the administrative and financial arrangements for their cooperation;

| (b) | wherever the Commission and the international organisation elaborate a joint project or programme; |
| --- | --- |

(b)

wherever the Commission and the international organisation elaborate a joint project or programme;

| (c) | where the funds of several donors are pooled and are not earmarked for specific items or categories of expenditure, that is to say, in the case of multi-donor actions. |
| --- | --- |

(c)

where the funds of several donors are pooled and are not earmarked for specific items or categories of expenditure, that is to say, in the case of multi-donor actions.

These organisations shall, in their accounting, audit, internal control and procurement procedures, apply standards which offer guarantees equivalent to internationally accepted standards.

2.   The individual agreement concluded with the international organisation for the award of the financing shall contain detailed provisions for the implementation of the tasks entrusted to the international organisation.

3.   International organisations to which implementation tasks are delegated shall ensure, in conformity with Article 30(3), adequate annual ex post publication of beneficiaries of funds deriving from the budget.’

| (30) | Article 54 is amended as follows:






  (a) | paragraph 1 is replaced by the following:
  ‘1.   The Commission may not delegate to third parties the executive powers it enjoys under the Treaties where they involve a large measure of discretion implying political choices. The implementing tasks delegated must be clearly defined and fully supervised as to the use made of them.
  The delegation of budget-implementation tasks shall comply with the principle of sound financial management which requires effective and efficient internal control and shall ensure compliance with the principle of non-discrimination, and the visibility of Community action. No implementing tasks delegated in this way may give rise to conflicts of interests.’ |
| --- | --- | --- |

(30)

Article 54 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   The Commission may not delegate to third parties the executive powers it enjoys under the Treaties where they involve a large measure of discretion implying political choices. The implementing tasks delegated must be clearly defined and fully supervised as to the use made of them.

The delegation of budget-implementation tasks shall comply with the principle of sound financial management which requires effective and efficient internal control and shall ensure compliance with the principle of non-discrimination, and the visibility of Community action. No implementing tasks delegated in this way may give rise to conflicts of interests.’

| (b) | paragraph 2 is amended as follows:






  (i) | the introductory phrase is replaced by the following:
  ‘Within the limits laid down in paragraph 1, the Commission may, when implementing the budget by indirect centralised management or by decentralised management under Articles 53a or 53c, delegate tasks of public authority and in particular budget implementation tasks to: [...]’ |
| --- | --- | --- |

(b)

paragraph 2 is amended as follows:

(i)

the introductory phrase is replaced by the following:

‘Within the limits laid down in paragraph 1, the Commission may, when implementing the budget by indirect centralised management or by decentralised management under Articles 53a or 53c, delegate tasks of public authority and in particular budget implementation tasks to: [...]’

| (ii) | point (b) is replaced by the following:






  ‘(b) | bodies set up by the Communities as referred to in Article 185 and other specialised Community bodies, such as the European Investment Bank or the European Investment Fund, provided that to do so is compatible with the tasks of each body as defined in the basic act;’ |
| --- | --- | --- |

(ii)

point (b) is replaced by the following:

‘(b)

bodies set up by the Communities as referred to in Article 185 and other specialised Community bodies, such as the European Investment Bank or the European Investment Fund, provided that to do so is compatible with the tasks of each body as defined in the basic act;’

| (iii) | point (c) is replaced by the following:






  ‘(c) | national or international public-sector bodies or bodies governed by private law with a public-service mission providing adequate financial guarantees and complying with the conditions provided for in the implementing rules.’ |
| --- | --- | --- |

(iii)

point (c) is replaced by the following:

‘(c)

national or international public-sector bodies or bodies governed by private law with a public-service mission providing adequate financial guarantees and complying with the conditions provided for in the implementing rules.’

| (iv) | the following point (d) is added:






  ‘(d) | persons entrusted with the implementation of specific actions pursuant to Title V of the TEU, and identified in the relevant basic act within the meaning of Article 49.’ |
| --- | --- | --- |

(iv)

the following point (d) is added:

‘(d)

persons entrusted with the implementation of specific actions pursuant to Title V of the TEU, and identified in the relevant basic act within the meaning of Article 49.’

| (c) | in paragraph 3, the second subparagraph is replaced by the following:
  ‘Such bodies or persons shall take appropriate measures to prevent irregularities and fraud and if necessary bring legal proceedings to recover funds wrongly paid or incorrectly used.’ |
| --- | --- |

(c)

in paragraph 3, the second subparagraph is replaced by the following:

‘Such bodies or persons shall take appropriate measures to prevent irregularities and fraud and if necessary bring legal proceedings to recover funds wrongly paid or incorrectly used.’

| (31) | Articles 55 and 56 are replaced by the following:
  ‘Article 55
  1.   The executive agencies shall be legal persons under Community law created by Commission Decision to which powers may be delegated to implement all or part of a Community programme or project on behalf of the Commission and under its responsibility in accordance with Council Regulation (EC) No 58/2003 (6).
  2.   Implementation of the corresponding operational appropriations shall be carried out by the director of the agency.
  Article 56
  1.   Where the Commission implements the budget by indirect centralised management, it shall first obtain evidence of the existence and proper operation within the entities to which it entrusts implementation of the following:






  (a) | transparent procurement and grant-award procedures which are non-discriminatory and exclude any conflict of interest and which are in accordance with the provisions of Titles V and VI respectively; |
| --- | --- | --- |

(31)

Articles 55 and 56 are replaced by the following:

‘Article 55

1.   The executive agencies shall be legal persons under Community law created by Commission Decision to which powers may be delegated to implement all or part of a Community programme or project on behalf of the Commission and under its responsibility in accordance with Council Regulation (EC) No 58/2003 (6).

2.   Implementation of the corresponding operational appropriations shall be carried out by the director of the agency.

Article 56

1.   Where the Commission implements the budget by indirect centralised management, it shall first obtain evidence of the existence and proper operation within the entities to which it entrusts implementation of the following:

(a)

transparent procurement and grant-award procedures which are non-discriminatory and exclude any conflict of interest and which are in accordance with the provisions of Titles V and VI respectively;

| (b) | an effective and efficient internal control system for the management of operations, which includes effective segregation of the duties of authorising officer and accounting officer or of the equivalent functions; |
| --- | --- |

(b)

an effective and efficient internal control system for the management of operations, which includes effective segregation of the duties of authorising officer and accounting officer or of the equivalent functions;

| (c) | an accounting system that enables the correct use of Community funds to be verified and the use of funds to be reflected in Community accounts; |
| --- | --- |

(c)

an accounting system that enables the correct use of Community funds to be verified and the use of funds to be reflected in Community accounts;

| (d) | an independent external audit; |
| --- | --- |

(d)

an independent external audit;

| (e) | public access to information at the level provided for in Community Regulations; |
| --- | --- |

(e)

public access to information at the level provided for in Community Regulations;

| (f) | adequate annual ex post publication of beneficiaries of funds deriving from the budget in conformity with Article 30(3). |
| --- | --- |

(f)

adequate annual ex post publication of beneficiaries of funds deriving from the budget in conformity with Article 30(3).

The Commission may accept that the audit, accounting and procurement systems of the entities referred to in Paragraphs 1 and 2 are equivalent to its own, with due account for internationally accepted standards.

2.   In the case of decentralised management, the criteria laid down in paragraph 1 with the exception of the criterion provided in point (e), shall apply, in full or in part, depending on the degree of decentralisation, agreed between the Commission and the third country, national or international public-sector bodies concerned.

Notwithstanding paragraph (1)(a) and Article 169a, the Commission may decide:

| — | in the case of pooling of funds, and |
| --- | --- |

—

in the case of pooling of funds, and

| — | under the conditions provided in the basic act, |
| --- | --- |

—

under the conditions provided in the basic act,

to use the procurement or grant procedures of the beneficiary partner country or as agreed among donors.

Before taking such a decision, the Commission shall first obtain evidence on a case by case basis that such procedures satisfy the principles of transparency, equal treatment and non-discrimination, prevent any conflict of interest, offer guarantees equivalent to internationally accepted standards and ensure compliance with the provisions of sound financial management which requires effective and efficient internal control.

The third country, national or international public-sector bodies concerned shall undertake to fulfil the following obligations:

| (a) | to comply, subject to the first subparagraph of this paragraph, with the criteria laid down in paragraph 1; |
| --- | --- |

(a)

to comply, subject to the first subparagraph of this paragraph, with the criteria laid down in paragraph 1;

| (b) | to ensure that the audit referred to in point (d) of paragraph 1 is exercised by a national institution for independent external auditing; |
| --- | --- |

(b)

to ensure that the audit referred to in point (d) of paragraph 1 is exercised by a national institution for independent external auditing;

| (c) | to conduct regular checks to ensure that the actions to be financed from the budget have been implemented correctly; |
| --- | --- |

(c)

to conduct regular checks to ensure that the actions to be financed from the budget have been implemented correctly;

| (d) | to take appropriate measures to prevent irregularities and fraud and, if necessary, to bring legal proceedings to recover funds wrongly paid. |
| --- | --- |

(d)

to take appropriate measures to prevent irregularities and fraud and, if necessary, to bring legal proceedings to recover funds wrongly paid.

3.   The Commission shall ensure supervision, evaluation and control of the implementation of the tasks entrusted. It shall take the equivalence of control systems into account when it carries out controls using its own control systems.’

| (32) | In Article 57, paragraph 1 is replaced by the following:
  ‘1.   The Commission may not entrust measures of implementation of funds deriving from the budget, including payment and recovery, to external private-sector entities or bodies, except in the case referred to in Article 54(2)(c) or in specific cases where the payments involved are to be made to beneficiaries determined by the Commission, are subject to conditions and amounts fixed by the Commission and do not involve the exercise of discretion by the entity or body making the payments.’ |
| --- | --- |

(32)

In Article 57, paragraph 1 is replaced by the following:

‘1.   The Commission may not entrust measures of implementation of funds deriving from the budget, including payment and recovery, to external private-sector entities or bodies, except in the case referred to in Article 54(2)(c) or in specific cases where the payments involved are to be made to beneficiaries determined by the Commission, are subject to conditions and amounts fixed by the Commission and do not involve the exercise of discretion by the entity or body making the payments.’

| (33) | Article 59 is amended as follows:






  (a) | the following paragraph 1a is inserted:
  ‘1a.   For the purposes of this Title, the term “staff” refers to persons covered by the Staff Regulations.’ |
| --- | --- | --- |

(33)

Article 59 is amended as follows:

(a)

the following paragraph 1a is inserted:

‘1a.   For the purposes of this Title, the term “staff” refers to persons covered by the Staff Regulations.’

| (b) | paragraph 2 is replaced by the following:
  ‘2.   Each institution shall lay down in its internal administrative rules the staff of an appropriate level to whom it delegates in compliance with the conditions in its rules of procedure the duties of the authorising officer, the scope of the powers delegated and the possibility for the persons to whom these powers are delegated to subdelegate them.’ |
| --- | --- |

(b)

paragraph 2 is replaced by the following:

‘2.   Each institution shall lay down in its internal administrative rules the staff of an appropriate level to whom it delegates in compliance with the conditions in its rules of procedure the duties of the authorising officer, the scope of the powers delegated and the possibility for the persons to whom these powers are delegated to subdelegate them.’

| (c) | paragraph 3 is replaced by the following:
  ‘3.   The powers of authorising officer shall be delegated or subdelegated only to staff.’ |
| --- | --- |

(c)

paragraph 3 is replaced by the following:

‘3.   The powers of authorising officer shall be delegated or subdelegated only to staff.’

| (34) | In Article 60, paragraph 7 is replaced by the following:
  ‘7.   The authorising officer by delegation shall report to his institution on the performance of his duties in the form of an annual activity report together with financial and management information confirming that the information contained in the report presents a true and fair view except as otherwise specified in any reservations related to defined areas of revenue and expenditure.
  That report shall indicate the results of the operations by reference to the objectives set, the risks associated with these operations, the use made of the resources provided and the efficiency and effectiveness of the internal control system. The internal auditor shall take note of the annual report and any other pieces of information identified. No later than 15 June each year, the Commission shall send to the budgetary authority a summary of the annual reports for the previous year.’ |
| --- | --- |

(34)

In Article 60, paragraph 7 is replaced by the following:

‘7.   The authorising officer by delegation shall report to his institution on the performance of his duties in the form of an annual activity report together with financial and management information confirming that the information contained in the report presents a true and fair view except as otherwise specified in any reservations related to defined areas of revenue and expenditure.

That report shall indicate the results of the operations by reference to the objectives set, the risks associated with these operations, the use made of the resources provided and the efficiency and effectiveness of the internal control system. The internal auditor shall take note of the annual report and any other pieces of information identified. No later than 15 June each year, the Commission shall send to the budgetary authority a summary of the annual reports for the previous year.’

| (35) | Article 61 is amended as follows:






  (a) | in paragraph 1, point (e), the following sentence is added:
  ‘the accounting officer shall be empowered to verify the respect of validation criteria;’ |
| --- | --- | --- |

(35)

Article 61 is amended as follows:

(a)

in paragraph 1, point (e), the following sentence is added:

‘the accounting officer shall be empowered to verify the respect of validation criteria;’

| (b) | the following paragraphs 2a, 2b and 2c are inserted:
  ‘2a.   Before the adoption of the accounts by the institution, the accounting officer shall sign them off, thereby certifying that he/she has a reasonable assurance that the accounts present a true and fair view of the financial situation of the institution.
  For that purpose the accounting officer shall satisfy himself that the accounts have been prepared in accordance with the accounting rules, methods and accounting systems established under his responsibility as laid down in this Regulation for the accounts of his institution, and that all revenue and expenditure is entered in the accounts.
  The authorising officers by delegation shall forward all information that the accounting officer needs in order to fulfil his duties.
  The authorising officers shall remain fully responsible for the proper use of the funds they manage as well as the legality and regularity of the expenditure under their control.
  2b.   The accounting officer shall be empowered to check the information received as well as to carry out any further checks he deems necessary in order to sign off the accounts.
  The accounting officer shall make reservations, if necessary, explaining exactly the nature and scope of such reservations.
  2c.   The accounting officers of the other institutions and agencies shall sign off their annual accounts and send them to the Commission's accounting officer.’ |
| --- | --- |

(b)

the following paragraphs 2a, 2b and 2c are inserted:

‘2a.   Before the adoption of the accounts by the institution, the accounting officer shall sign them off, thereby certifying that he/she has a reasonable assurance that the accounts present a true and fair view of the financial situation of the institution.

For that purpose the accounting officer shall satisfy himself that the accounts have been prepared in accordance with the accounting rules, methods and accounting systems established under his responsibility as laid down in this Regulation for the accounts of his institution, and that all revenue and expenditure is entered in the accounts.

The authorising officers by delegation shall forward all information that the accounting officer needs in order to fulfil his duties.

The authorising officers shall remain fully responsible for the proper use of the funds they manage as well as the legality and regularity of the expenditure under their control.

2b.   The accounting officer shall be empowered to check the information received as well as to carry out any further checks he deems necessary in order to sign off the accounts.

The accounting officer shall make reservations, if necessary, explaining exactly the nature and scope of such reservations.

2c.   The accounting officers of the other institutions and agencies shall sign off their annual accounts and send them to the Commission's accounting officer.’

| (c) | paragraph 3 is replaced by the following:
  ‘3.   Save as otherwise provided in this Regulation, the accounting officer is alone empowered to manage cash and cash equivalents. He shall be responsible for their safekeeping.’ |
| --- | --- |

(c)

paragraph 3 is replaced by the following:

‘3.   Save as otherwise provided in this Regulation, the accounting officer is alone empowered to manage cash and cash equivalents. He shall be responsible for their safekeeping.’

| (36) | In Article 62, the first paragraph is replaced by the following:
  ‘The accounting officer may, in the performance of his duties, delegate certain tasks to subordinate staff.’ |
| --- | --- |

(36)

In Article 62, the first paragraph is replaced by the following:

‘The accounting officer may, in the performance of his duties, delegate certain tasks to subordinate staff.’

| (37) | Article 63 is replaced by the following:
  ‘Article 63
  1.   Imprest accounts may be set up for the collection of revenue other than own resources and for the payment of small sums as defined in the implementing rules.
  However, in the field of crisis management aid and humanitarian aid operations within the meaning of Article 110, imprest accounts may be used without any limitation on the amount while respecting the level of appropriations decided by the budgetary authority on the corresponding budget line for the current financial year.
  2.   Imprest accounts shall be endowed by the institution's accounting officer and shall be placed under the responsibility of imprest administrators designated by the institution's accounting officer.’ |
| --- | --- |

(37)

Article 63 is replaced by the following:

‘Article 63

1.   Imprest accounts may be set up for the collection of revenue other than own resources and for the payment of small sums as defined in the implementing rules.

However, in the field of crisis management aid and humanitarian aid operations within the meaning of Article 110, imprest accounts may be used without any limitation on the amount while respecting the level of appropriations decided by the budgetary authority on the corresponding budget line for the current financial year.

2.   Imprest accounts shall be endowed by the institution's accounting officer and shall be placed under the responsibility of imprest administrators designated by the institution's accounting officer.’

| (38) | In Article 65, paragraph 1 is replaced by the following:
  ‘1.   The provisions of this Chapter are without prejudice to the criminal-law liability which the financial actors referred to in Article 64 may incur as provided in the applicable national law and in the provisions in force on the protection of the Communities' financial interests and on the fight against corruption involving officials of the Communities or officials of Member States.’ |
| --- | --- |

(38)

In Article 65, paragraph 1 is replaced by the following:

‘1.   The provisions of this Chapter are without prejudice to the criminal-law liability which the financial actors referred to in Article 64 may incur as provided in the applicable national law and in the provisions in force on the protection of the Communities' financial interests and on the fight against corruption involving officials of the Communities or officials of Member States.’

| (39) | Article 66 is amended as follows:






  (a) | paragraph 1 is replaced by the following:
  ‘1.   The authorising officer shall be liable for payment of compensation as laid down in the Staff Regulations.’ |
| --- | --- | --- |

(39)

Article 66 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   The authorising officer shall be liable for payment of compensation as laid down in the Staff Regulations.’

| (b) | the following paragraph 1a is inserted:
  ‘1a.   The obligation to pay compensation shall apply in particular if:






  (a) | the authorising officer, whether intentionally or through gross negligence on his part, determines entitlements to be recovered or issues recovery orders, commits expenditure or signs a payment order without complying with this Regulation and the implementing rules; |
| --- | --- | --- |

(b)

the following paragraph 1a is inserted:

‘1a.   The obligation to pay compensation shall apply in particular if:

(a)

the authorising officer, whether intentionally or through gross negligence on his part, determines entitlements to be recovered or issues recovery orders, commits expenditure or signs a payment order without complying with this Regulation and the implementing rules;

| (b) | the authorising officer, whether intentionally or through gross negligence on his part, omits to draw up a document establishing an amount receivable, neglects to issue a recovery order or is late in issuing it or is late in issuing a payment order, thereby rendering the institution liable to civil action by third parties.’ |
| --- | --- |

(b)

the authorising officer, whether intentionally or through gross negligence on his part, omits to draw up a document establishing an amount receivable, neglects to issue a recovery order or is late in issuing it or is late in issuing a payment order, thereby rendering the institution liable to civil action by third parties.’

| (c) | paragraph 3 is replaced by the following:
  ‘3.   In the event of subdelegation within his services, the authorising officer by delegation continues to be responsible for the efficiency and effectiveness of the internal management and control systems put in place and for the choice of the authorising officer by subdelegation.’ |
| --- | --- |

(c)

paragraph 3 is replaced by the following:

‘3.   In the event of subdelegation within his services, the authorising officer by delegation continues to be responsible for the efficiency and effectiveness of the internal management and control systems put in place and for the choice of the authorising officer by subdelegation.’

| (d) | in paragraph 4, the first subparagraph is replaced by the following:
  ‘4.   Each institution shall set up a specialised financial irregularities panel or participate in a joint panel established by several institutions. The panels shall function independently and determine whether a financial irregularity has occurred and what the consequences, if any, should be.’ |
| --- | --- |

(d)

in paragraph 4, the first subparagraph is replaced by the following:

‘4.   Each institution shall set up a specialised financial irregularities panel or participate in a joint panel established by several institutions. The panels shall function independently and determine whether a financial irregularity has occurred and what the consequences, if any, should be.’

| (40) | Article 73(2) is amended as follows:






  (a) | the paragraph is replaced by the following:

  ‘2.   Where the responsible authorising officer by delegation is planning to waive or partially waive recovery of an established amount receivable, he/she shall ensure that the waiver is in order and complies with the principle of sound financial management and proportionality in accordance with the procedures and the criteria laid down in the implementing rules. The waiver decision must be substantiated. The authorising officer may delegate the decision only as laid down in the implementing rules.’ |
| --- | --- | --- |

(40)

Article 73(2) is amended as follows:

(a)

the paragraph is replaced by the following:

‘2.   Where the responsible authorising officer by delegation is planning to waive or partially waive recovery of an established amount receivable, he/she shall ensure that the waiver is in order and complies with the principle of sound financial management and proportionality in accordance with the procedures and the criteria laid down in the implementing rules. The waiver decision must be substantiated. The authorising officer may delegate the decision only as laid down in the implementing rules.’

| (b) | the following subparagraph is added:
  ‘The responsible authorising officer may furthermore cancel or adjust an established amount receivable, in accordance with the conditions set out in the implementing rules.’ |
| --- | --- |

(b)

the following subparagraph is added:

‘The responsible authorising officer may furthermore cancel or adjust an established amount receivable, in accordance with the conditions set out in the implementing rules.’

| (41) | The following Article 73a is inserted:
  ‘Article 73a
  Without prejudice to the provisions of specific regulations and the application of the Council Decision relating to the Communities' own resources system, entitlements of the Communities in respect of third parties and entitlements of third parties in respect of the Communities shall be subject to a limitation period of five years.
  The date for calculating the limitation period and the conditions for interrupting this period shall be laid down in the implementing rules.’ |
| --- | --- |

(41)

The following Article 73a is inserted:

‘Article 73a

Without prejudice to the provisions of specific regulations and the application of the Council Decision relating to the Communities' own resources system, entitlements of the Communities in respect of third parties and entitlements of third parties in respect of the Communities shall be subject to a limitation period of five years.

The date for calculating the limitation period and the conditions for interrupting this period shall be laid down in the implementing rules.’

| (42) | In Article 75(2), ‘Article 49(2)’ is replaced by ‘Article 49(6)(e)’. |
| --- | --- |

(42)

In Article 75(2), ‘Article 49(2)’ is replaced by ‘Article 49(6)(e)’.

| (43) | In Article 77(3), the third subparagraph is replaced by the following:
  ‘The amount of a budget commitment corresponding to a legal commitment for which no payment within the meaning of Article 81 has been made in a period of three years following the signing of the legal commitment shall be decommitted.’ |
| --- | --- |

(43)

In Article 77(3), the third subparagraph is replaced by the following:

‘The amount of a budget commitment corresponding to a legal commitment for which no payment within the meaning of Article 81 has been made in a period of three years following the signing of the legal commitment shall be decommitted.’

| (44) | In Article 80, the following paragraph is added:
  ‘Where periodic payments are made with regard to services rendered, including rental services, or goods delivered, and subject to his risk analysis, the authorising officer may order the application of a direct debit system.’ |
| --- | --- |

(44)

In Article 80, the following paragraph is added:

‘Where periodic payments are made with regard to services rendered, including rental services, or goods delivered, and subject to his risk analysis, the authorising officer may order the application of a direct debit system.’

| (45) | In Article 86(1), point (b) is replaced by the following:






  ‘(b) | for assessing the efficiency and effectiveness of the internal control and audit systems applicable to every budgetary implementation operation.’ |
| --- | --- | --- |

(45)

In Article 86(1), point (b) is replaced by the following:

‘(b)

for assessing the efficiency and effectiveness of the internal control and audit systems applicable to every budgetary implementation operation.’

| (46) | In Article 87, the second paragraph is replaced by the following:
  ‘If the internal auditor is a member of staff, he shall assume responsibility as laid down in the Staff Regulations and spelt out in the implementing rules.’ |
| --- | --- |

(46)

In Article 87, the second paragraph is replaced by the following:

‘If the internal auditor is a member of staff, he shall assume responsibility as laid down in the Staff Regulations and spelt out in the implementing rules.’

| (47) | Article 88 is replaced by the following:
  ‘Article 88
  1.   Public contracts are contracts for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities within the meaning of Articles 104 and 167, in order to obtain, against payment of a price paid in whole or in part from the budget, the supply of movable or immovable assets, the execution of works or the provision of services.
  These contracts comprise:






  (a) | contracts for the purchase or rental of a building; |
| --- | --- | --- |

(47)

Article 88 is replaced by the following:

‘Article 88

1.   Public contracts are contracts for pecuniary interest concluded in writing between one or more economic operators and one or more contracting authorities within the meaning of Articles 104 and 167, in order to obtain, against payment of a price paid in whole or in part from the budget, the supply of movable or immovable assets, the execution of works or the provision of services.

These contracts comprise:

(a)

contracts for the purchase or rental of a building;

| (b) | supply contracts; |
| --- | --- |

(b)

supply contracts;

| (c) | works contracts; |
| --- | --- |

(c)

works contracts;

| (d) | service contracts. |
| --- | --- |

(d)

service contracts.

2.   Framework contracts are contracts concluded between one or more contracting authorities and one or more economic operators, the purpose of which is to establish the terms governing contracts to be awarded during a given period, in particular with regard to price and, where appropriate, the quantity envisaged. They shall be governed by the provisions of this Title concerning the award procedure, including advertising.

3.   This Title does not relate to grants, without prejudice to Articles 93 to 96.’

| (48) | In Article 89(2), the following subparagraph is added:
  ‘Contracting authorities may not use framework contracts improperly or in such a way that the purpose or effect is to prevent, restrict or distort competition.’ |
| --- | --- |

(48)

In Article 89(2), the following subparagraph is added:

‘Contracting authorities may not use framework contracts improperly or in such a way that the purpose or effect is to prevent, restrict or distort competition.’

| (49) | Article 90 is amended as follows:






  (a) | paragraph 1 is amended as follows:






  (i) | the first subparagraph is replaced by the following:
  ‘1.   All contracts exceeding the thresholds provided for in Article 105 or Article 167 shall be published in the Official Journal of the European Union.’ |
| --- | --- | --- | --- |

(49)

Article 90 is amended as follows:

(a)

paragraph 1 is amended as follows:

(i)

the first subparagraph is replaced by the following:

‘1.   All contracts exceeding the thresholds provided for in Article 105 or Article 167 shall be published in the Official Journal of the European Union.’

| (ii) | the second subparagraph is replaced by the following:
  ‘Contract notices shall be published in advance except in the cases referred to in Article 91(2) of this Regulation, as specified in the implementing rules, and for the service contracts covered by Annex IIB to Directive 2004/18/EC of the European Parliament and of the Council (7).’ |
| --- | --- |

(ii)

the second subparagraph is replaced by the following:

‘Contract notices shall be published in advance except in the cases referred to in Article 91(2) of this Regulation, as specified in the implementing rules, and for the service contracts covered by Annex IIB to Directive 2004/18/EC of the European Parliament and of the Council (7).’

| (b) | paragraph 2 is replaced by the following:
  ‘2.   Contracts with a value below the thresholds provided for in Article 105 or Article 167 and the service contracts referred to in Annex IIB to Directive 2004/18/EC shall be advertised by appropriate means, as specified in the implementing rules.’ |
| --- | --- |

(b)

paragraph 2 is replaced by the following:

‘2.   Contracts with a value below the thresholds provided for in Article 105 or Article 167 and the service contracts referred to in Annex IIB to Directive 2004/18/EC shall be advertised by appropriate means, as specified in the implementing rules.’

| (50) | Article 91 is amended as follows:






  (a) | paragraph 1 is replaced by the following:
  ‘1.   Procurement procedures shall take one of the following forms:






  (a) | the open procedure; |
| --- | --- | --- | --- |

(50)

Article 91 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   Procurement procedures shall take one of the following forms:

(a)

the open procedure;

| (b) | the restricted procedure; |
| --- | --- |

(b)

the restricted procedure;

| (c) | contests; |
| --- | --- |

(c)

contests;

| (d) | the negotiated procedure; |
| --- | --- |

(d)

the negotiated procedure;

| (e) | the competitive dialogue. |
| --- | --- |

(e)

the competitive dialogue.

Where a public contract or a framework contract is of interest to two or more institutions, executive agencies or bodies referred to in Article 185, and whenever there is a possibility for realizing efficiency gains, the contracting authorities concerned shall seek to carry out the procurement procedure on an interinstitutional basis.

Where a public contract or framework contract is necessary for the implementation of a joint action between one institution and a contracting authority from a Member State, the procurement procedure may be carried out jointly by the institution and this contracting authority, as specified in the implementing rules.’

| (b) | in paragraph 2, the second subparagraph is deleted; |
| --- | --- |

(b)

in paragraph 2, the second subparagraph is deleted;

| (c) | the following paragraph 4 is added:
  ‘4.   The implementing rules shall define the procurement procedure, referred to in paragraph 1, applicable to service contracts covered by Annex IIB to Directive 2004/18/EC and to contracts which are declared to be secret, whose performance must be accompanied by special security measures, or when the protection of essential interests of the Communities or the European Union so requires.’ |
| --- | --- |

(c)

the following paragraph 4 is added:

‘4.   The implementing rules shall define the procurement procedure, referred to in paragraph 1, applicable to service contracts covered by Annex IIB to Directive 2004/18/EC and to contracts which are declared to be secret, whose performance must be accompanied by special security measures, or when the protection of essential interests of the Communities or the European Union so requires.’

| (51) | Article 92 is replaced by the following:
  ‘Article 92
  The documents relating to the call for tenders shall give a full, clear and precise description of the subject of the contract and specify the exclusion, selection and award criteria applicable to the contract.’ |
| --- | --- |

(51)

Article 92 is replaced by the following:

‘Article 92

The documents relating to the call for tenders shall give a full, clear and precise description of the subject of the contract and specify the exclusion, selection and award criteria applicable to the contract.’

| (52) | Article 93 is amended as follows:






  (a) | Paragraph 1 is amended as follows:






  (i) | the introductory words are replaced by the following:
  ‘Candidates or tenderers shall be excluded from participation in procurement procedures if:’ |
| --- | --- | --- | --- |

(52)

Article 93 is amended as follows:

(a)

Paragraph 1 is amended as follows:

(i)

the introductory words are replaced by the following:

‘Candidates or tenderers shall be excluded from participation in procurement procedures if:’

| (ii) | point (f) is replaced by the following:






  ‘(f) | they are currently subject to an administrative penalty referred to in Article 96(1).’ |
| --- | --- | --- |

(ii)

point (f) is replaced by the following:

‘(f)

they are currently subject to an administrative penalty referred to in Article 96(1).’

| (iii) | the following subparagraph is added:
  ‘Points (a) to (d) of the first subparagraph shall not apply in the case of purchase of supplies on particularly advantageous terms from either a supplier which is definitively winding up its business activities, or the receivers or liquidators of a bankruptcy, an arrangement with creditors, or a similar procedure under national law.’ |
| --- | --- |

(iii)

the following subparagraph is added:

‘Points (a) to (d) of the first subparagraph shall not apply in the case of purchase of supplies on particularly advantageous terms from either a supplier which is definitively winding up its business activities, or the receivers or liquidators of a bankruptcy, an arrangement with creditors, or a similar procedure under national law.’

| (b) | paragraph 2 is replaced by the following:
  ‘2.   Candidates or tenderers shall certify that they are not in one of the situations listed in paragraph 1. However, the contracting authority may refrain from requiring such certification for very low value contracts, as specified in the implementing rules.
  For the purpose of the correct application of paragraph 1, the candidate or tenderer, whenever requested by the contracting authority, must:






  a) | where the candidate or tenderer is a legal entity, provide information on the ownership or on the management, control and power of representation of the legal entity, |
| --- | --- | --- |

(b)

paragraph 2 is replaced by the following:

‘2.   Candidates or tenderers shall certify that they are not in one of the situations listed in paragraph 1. However, the contracting authority may refrain from requiring such certification for very low value contracts, as specified in the implementing rules.

For the purpose of the correct application of paragraph 1, the candidate or tenderer, whenever requested by the contracting authority, must:

a)

where the candidate or tenderer is a legal entity, provide information on the ownership or on the management, control and power of representation of the legal entity,

| b) | where subcontracting is envisaged, certify that the subcontractor is not in one of the situations referred to in paragraph 1.’ |
| --- | --- |

b)

where subcontracting is envisaged, certify that the subcontractor is not in one of the situations referred to in paragraph 1.’

| (c) | the following paragraph 3 is added:
  ‘3.   The implementing rules shall determine the maximum period during which the situations referred to in paragraph 1 give rise to the exclusion of candidates or tenderers from participation in a procurement procedure. The maximum period shall not exceed ten years.’ |
| --- | --- |

(c)

the following paragraph 3 is added:

‘3.   The implementing rules shall determine the maximum period during which the situations referred to in paragraph 1 give rise to the exclusion of candidates or tenderers from participation in a procurement procedure. The maximum period shall not exceed ten years.’

| (53) | Articles 94, 95 and 96 are replaced by the following:
  ‘Article 94
  A contract shall not be awarded to candidates or tenderers who, during the procurement procedure for this contract:






  (a) | are subject to a conflict of interest; |
| --- | --- | --- |

(53)

Articles 94, 95 and 96 are replaced by the following:

‘Article 94

A contract shall not be awarded to candidates or tenderers who, during the procurement procedure for this contract:

(a)

are subject to a conflict of interest;

| (b) | are guilty of misrepresentation in supplying the information required by the contracting authority as a condition of participation in the procurement procedure or fail to supply this information; |
| --- | --- |

(b)

are guilty of misrepresentation in supplying the information required by the contracting authority as a condition of participation in the procurement procedure or fail to supply this information;

| (c) | find themselves in one of the situations of exclusion, referred to in Article 93(1), for this procurement procedure; |
| --- | --- |

(c)

find themselves in one of the situations of exclusion, referred to in Article 93(1), for this procurement procedure;

Article 95

1.   A central database shall be set up and operated by the Commission in compliance with Community rules on the protection of personal data. The database shall contain details of candidates and tenderers which are in one of the situations referred to in Articles 93, 94, 96(1)(b) and (2)(a). It shall be common to the institutions, executive agencies and the bodies referred to in Article 185.

2.   The authorities of the Member States and third countries as well as the bodies, other than those referred to in paragraph 1, participating in the implementation of the budget in accordance with Articles 53 and 54, shall communicate to the competent authorising officer information on candidates and tenderers which are in one of the situations referred to in Article 93(1)(e), where the conduct of the operator concerned was detrimental to the Communities' financial interests. The authorising officer shall receive this information and request the accounting officer to enter it into the database.

The authorities and bodies mentioned in the first subparagraph shall have access to the information contained in the database and may take it into account, as appropriate and on their own responsibility, for the award of contracts associated with the implementation of the budget.

3.   Transparent and coherent criteria to ensure proportionate application of the exclusion criteria shall be laid down in the implementing rules. The Commission shall define standardised procedures and technical specifications for the operation of the database.

Article 96

1.   The contracting authority may impose administrative or financial penalties on the following:

| (a) | candidates or tenderers in the cases referred to in point (b) of Article 94; |
| --- | --- |

(a)

candidates or tenderers in the cases referred to in point (b) of Article 94;

| (b) | contractors who have been declared to be in serious breach of their obligations under contracts covered by the budget. |
| --- | --- |

(b)

contractors who have been declared to be in serious breach of their obligations under contracts covered by the budget.

In all cases, however, the contracting authority must first give the person concerned an opportunity to present his observations.

2.   The penalties referred to in paragraph 1 shall be proportionate to the importance of the contract and the seriousness of the misconduct, and may consist in:

| (a) | the exclusion of the candidate or tenderer or contractor concerned from the contracts and grants financed by the budget, for a maximum period of ten years; and/or |
| --- | --- |

(a)

the exclusion of the candidate or tenderer or contractor concerned from the contracts and grants financed by the budget, for a maximum period of ten years; and/or

| (b) | the payment of financial penalties by the candidate or tenderer or contractor up to the value of the contract in question.’ |
| --- | --- |

(b)

the payment of financial penalties by the candidate or tenderer or contractor up to the value of the contract in question.’

| (54) | Article 97 is replaced by the following:
  ‘Article 97
  1.   Contracts shall be awarded on the basis of award criteria applicable to the content of the tender after the capability of economic operators not excluded under Articles 93, 94 and 96(2)(a) has been checked in accordance with the selection criteria contained in the documents relating to the call for tenders.
  2.   Contracts shall be awarded by the automatic award procedure or by the best-value-for-money procedure.’ |
| --- | --- |

(54)

Article 97 is replaced by the following:

‘Article 97

1.   Contracts shall be awarded on the basis of award criteria applicable to the content of the tender after the capability of economic operators not excluded under Articles 93, 94 and 96(2)(a) has been checked in accordance with the selection criteria contained in the documents relating to the call for tenders.

2.   Contracts shall be awarded by the automatic award procedure or by the best-value-for-money procedure.’

| (55) | Article 98 is amended as follows:






  (a) | paragraphs 1 and 2 are replaced by the following:
  ‘1.   The arrangements for submitting tenders shall be such as to ensure that there is genuine competition and that the contents of tenders remain confidential until they are all opened simultaneously.
  2.   If deemed appropriate and proportionate, the contracting authority may require tenderers, as provided in the implementing rules, to lodge a security in advance as a guarantee that the bids made will not be withdrawn.’ |
| --- | --- | --- |

(55)

Article 98 is amended as follows:

(a)

paragraphs 1 and 2 are replaced by the following:

‘1.   The arrangements for submitting tenders shall be such as to ensure that there is genuine competition and that the contents of tenders remain confidential until they are all opened simultaneously.

2.   If deemed appropriate and proportionate, the contracting authority may require tenderers, as provided in the implementing rules, to lodge a security in advance as a guarantee that the bids made will not be withdrawn.’

| (b) | paragraph 4 is replaced by the following:
  ‘4.   All requests to participate or tenders declared by the opening board as satisfying the conditions laid down shall be evaluated, on the basis of the criteria provided in the documents relating to the call for tenders, in order to propose to the contracting authority the award of the contract or to proceed with an electronic auction.’ |
| --- | --- |

(b)

paragraph 4 is replaced by the following:

‘4.   All requests to participate or tenders declared by the opening board as satisfying the conditions laid down shall be evaluated, on the basis of the criteria provided in the documents relating to the call for tenders, in order to propose to the contracting authority the award of the contract or to proceed with an electronic auction.’

| (56) | Articles 102 and 103 are replaced by the following:
  ‘Article 102
  1.   The contracting authority shall require contractors to lodge a guarantee in advance in the cases specified in the implementing rules.
  2.   The contracting authority may if deemed appropriate and proportionate require contractors to lodge such a guarantee in order to:






  (a) | ensure full performance of the contract; |
| --- | --- | --- |

(56)

Articles 102 and 103 are replaced by the following:

‘Article 102

1.   The contracting authority shall require contractors to lodge a guarantee in advance in the cases specified in the implementing rules.

2.   The contracting authority may if deemed appropriate and proportionate require contractors to lodge such a guarantee in order to:

(a)

ensure full performance of the contract;

| (b) | limit the financial risks connected with payment of pre-financing. |
| --- | --- |

(b)

limit the financial risks connected with payment of pre-financing.

Article 103

Where the award procedure proves to have been subject to substantial errors, irregularities or fraud, the institutions shall suspend the procedure and may take whatever measures are necessary, including the cancellation of the procedure.

Where, after the award of the contract, the award procedure or the performance of the contract prove to have been subject to substantial errors, irregularities or fraud, the institutions may, depending on the stage reached in the procedure, refrain from concluding the contract or suspend performance of the contract or, where appropriate, terminate the contract.

Where such errors, irregularities or fraud are attributable to the contractor, the institutions may in addition refuse to make payments, may recover amounts already paid or may terminate all the contracts concluded with this contractor, in proportion to the seriousness of the errors, irregularities or fraud.’

| (57) | In Article 104, the following sentence is added:
  ‘They shall delegate, in accordance with Article 59, the necessary powers for the exercise of the function of contracting authority.’ |
| --- | --- |

(57)

In Article 104, the following sentence is added:

‘They shall delegate, in accordance with Article 59, the necessary powers for the exercise of the function of contracting authority.’

| (58) | Article 105 is replaced by the following:
  ‘Article 105
  1.   Subject to Title IV of Part Two of this Regulation, Directive 2004/18/EC shall lay down the thresholds which determine:






  (a) | the publication arrangements referred to in Article 90; |
| --- | --- | --- |

(58)

Article 105 is replaced by the following:

‘Article 105

1.   Subject to Title IV of Part Two of this Regulation, Directive 2004/18/EC shall lay down the thresholds which determine:

(a)

the publication arrangements referred to in Article 90;

| (b) | the choice of procedures referred to in Article 91(1); |
| --- | --- |

(b)

the choice of procedures referred to in Article 91(1);

| (c) | the corresponding time limits. |
| --- | --- |

(c)

the corresponding time limits.

2.   Subject to exceptions and conditions specified in the implementing rules, the contracting authority shall not, in the case of contracts covered by Directive 2004/18/EC, sign the contract or framework contract with the successful tenderer until a period of standstill has elapsed.’

| (59) | The title of Chapter 1 of Title VI of Part One is replaced by the following:
  ‘CHAPTER 1
  Scope and form of grants’ |
| --- | --- |

(59)

The title of Chapter 1 of Title VI of Part One is replaced by the following:

‘CHAPTER 1

Scope and form of grants’

| (60) | Article 108 is amended as follows:






  (a) | In paragraph 1, the second subparagraph is replaced by the following:
  ‘They shall be covered either by a written agreement or by a Commission decision notified to the successful applicant.’ |
| --- | --- | --- |

(60)

Article 108 is amended as follows:

(a)

In paragraph 1, the second subparagraph is replaced by the following:

‘They shall be covered either by a written agreement or by a Commission decision notified to the successful applicant.’

| (b) | Paragraph 2 is replaced by the following:
  ‘2.   The following shall not constitute grants within the meaning of this Title:






  (a) | expenditure on the members and staff of the institutions and contributions to the European schools; |
| --- | --- | --- |

(b)

Paragraph 2 is replaced by the following:

‘2.   The following shall not constitute grants within the meaning of this Title:

(a)

expenditure on the members and staff of the institutions and contributions to the European schools;

| (b) | loans, risk-bearing instruments of the Community or Community financial contributions to such instruments, the public contracts referred to in Article 88 and aid paid as macro financial assistance and budgetary support; |
| --- | --- |

(b)

loans, risk-bearing instruments of the Community or Community financial contributions to such instruments, the public contracts referred to in Article 88 and aid paid as macro financial assistance and budgetary support;

| (c) | equity investments on the basis of the private investor principle, quasi-equity financing and shareholdings or equity participations in international financial institutions such as the European Bank for Reconstruction and Development (EBRD) or specialised Community bodies such as the European Investment Fund (EIF); |
| --- | --- |

(c)

equity investments on the basis of the private investor principle, quasi-equity financing and shareholdings or equity participations in international financial institutions such as the European Bank for Reconstruction and Development (EBRD) or specialised Community bodies such as the European Investment Fund (EIF);

| (d) | contributions paid by the Communities as subscriptions to bodies of which they are members; |
| --- | --- |

(d)

contributions paid by the Communities as subscriptions to bodies of which they are members;

| (e) | expenditure implemented as part of shared, decentralised or joint management within the meaning of Articles 53 to 53d; |
| --- | --- |

(e)

expenditure implemented as part of shared, decentralised or joint management within the meaning of Articles 53 to 53d;

| (f) | payments made to bodies to which implementation tasks are delegated in accordance with Article 54(2) and contributions made by virtue of their constitutive basic act to bodies set up by the legislative authority; |
| --- | --- |

(f)

payments made to bodies to which implementation tasks are delegated in accordance with Article 54(2) and contributions made by virtue of their constitutive basic act to bodies set up by the legislative authority;

| (g) | expenditure relating to fisheries markets referred to in Article 3(2) point (f) of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (8); |
| --- | --- |

(g)

expenditure relating to fisheries markets referred to in Article 3(2) point (f) of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (8);

| (h) | repayment of travel and subsistence expenses incurred by, or where appropriate any other indemnities paid to persons invited or mandated by the institutions.’ |
| --- | --- |

(h)

repayment of travel and subsistence expenses incurred by, or where appropriate any other indemnities paid to persons invited or mandated by the institutions.’

| (c) | the following paragraphs 3 and 4 are added:
  ‘3.   The following shall be assimilated to grants and shall be governed, as appropriate, by this Title:






  (a) | the benefit deriving from an interest subsidy on certain loans; |
| --- | --- | --- |

(c)

the following paragraphs 3 and 4 are added:

‘3.   The following shall be assimilated to grants and shall be governed, as appropriate, by this Title:

(a)

the benefit deriving from an interest subsidy on certain loans;

| (b) | equity investments or participations other than those referred to in point (c) of paragraph 2. |
| --- | --- |

(b)

equity investments or participations other than those referred to in point (c) of paragraph 2.

4.   Each institution may award grants for communication activities where, for duly justified reasons, the use of public procurement procedures is not appropriate’.

| (61) | The following Article 108a is inserted:
  ‘Article 108a
  1.   Grants may take any of the following forms:






  (a) | reimbursement of a specified proportion of the eligible costs actually incurred; |
| --- | --- | --- |

(61)

The following Article 108a is inserted:

‘Article 108a

1.   Grants may take any of the following forms:

(a)

reimbursement of a specified proportion of the eligible costs actually incurred;

| (b) | lump sums; |
| --- | --- |

(b)

lump sums;

| (c) | flat-rate financing; |
| --- | --- |

(c)

flat-rate financing;

| (d) | a combination of the forms referred to in points (a), (b) and (c). |
| --- | --- |

(d)

a combination of the forms referred to in points (a), (b) and (c).

2.   Grants shall respect an overall ceiling expressed in terms of absolute value.’

| (62) | The title of Chapter 2 of Title VI of Part One is replaced by the following:
  ‘CHAPTER 2
  Principles’ |
| --- | --- |

(62)

The title of Chapter 2 of Title VI of Part One is replaced by the following:

‘CHAPTER 2

Principles’

| (63) | Article 109 is replaced by the following:
  ‘Article 109
  1.   Grants shall be subject to the principles of transparency and equal treatment.
  They may not be cumulative or awarded retrospectively and they must involve co-financing.
  On no account may the combined total costs eligible, as specified in the implementing rules, for financing be exceeded.
  2.   Grants may not have the purpose or effect of producing a profit for the beneficiary.
  3.   Paragraph 2 shall not apply to the following:






  (a) | study, research or training scholarships paid to natural persons; |
| --- | --- | --- |

(63)

Article 109 is replaced by the following:

‘Article 109

1.   Grants shall be subject to the principles of transparency and equal treatment.

They may not be cumulative or awarded retrospectively and they must involve co-financing.

On no account may the combined total costs eligible, as specified in the implementing rules, for financing be exceeded.

2.   Grants may not have the purpose or effect of producing a profit for the beneficiary.

3.   Paragraph 2 shall not apply to the following:

(a)

study, research or training scholarships paid to natural persons;

| (b) | prizes awarded following contests; |
| --- | --- |

(b)

prizes awarded following contests;

| (c) | actions the objective of which is the reinforcement of the financial capacity of a beneficiary or the generation of an income in the framework of external actions.’ |
| --- | --- |

(c)

actions the objective of which is the reinforcement of the financial capacity of a beneficiary or the generation of an income in the framework of external actions.’

| (64) | In Article 110, paragraph 1 is replaced by the following:
  ‘1.   Grants shall be subject to an annual work programme, to be published at the start of the year.
  That annual work programme shall be implemented through the publication of calls for proposals, save in duly substantiated exceptional cases of urgency or where the characteristics of the beneficiary or of the action leave no other choice for a given action, or where the beneficiary is identified in a basic act as recipient of a grant.
  The first subparagraph shall not apply to crisis management aid and humanitarian aid operations.’ |
| --- | --- |

(64)

In Article 110, paragraph 1 is replaced by the following:

‘1.   Grants shall be subject to an annual work programme, to be published at the start of the year.

That annual work programme shall be implemented through the publication of calls for proposals, save in duly substantiated exceptional cases of urgency or where the characteristics of the beneficiary or of the action leave no other choice for a given action, or where the beneficiary is identified in a basic act as recipient of a grant.

The first subparagraph shall not apply to crisis management aid and humanitarian aid operations.’

| (65) | Articles 111 and 112 are replaced by the following:
  ‘Article 111
  One action may give rise to the award of only one grant from the budget to any one beneficiary, except where otherwise authorised by the basic acts concerned.
  A beneficiary may be awarded only one operating grant from the budget per financial year.
  The applicant shall immediately inform the authorising officers of any multiple applications and multiple grants relating to the same action or to the same work programme.
  In any case, the same costs shall not be financed twice by the budget.
  Article 112
  1.   A grant may be awarded for an action which has already begun only where the applicant can demonstrate the need to start the action before the grant is awarded.
  In such cases, costs eligible for financing may not have been incurred prior to the date of submission of the grant application, save in duly substantiated exceptional cases as provided for in the basic act or in the case of expenditure necessary for the proper implementation of crisis management aid or humanitarian aid operations as provided for in the implementing rules.
  No grant may be awarded retrospectively for actions already completed.
  2.   An operating grant shall be awarded within six months after the start of the beneficiary's budgetary year. Costs eligible for financing may not have been incurred before the grant application was lodged nor before the start of the beneficiary's budgetary year.’ |
| --- | --- |

(65)

Articles 111 and 112 are replaced by the following:

‘Article 111

One action may give rise to the award of only one grant from the budget to any one beneficiary, except where otherwise authorised by the basic acts concerned.

A beneficiary may be awarded only one operating grant from the budget per financial year.

The applicant shall immediately inform the authorising officers of any multiple applications and multiple grants relating to the same action or to the same work programme.

In any case, the same costs shall not be financed twice by the budget.

Article 112

1.   A grant may be awarded for an action which has already begun only where the applicant can demonstrate the need to start the action before the grant is awarded.

In such cases, costs eligible for financing may not have been incurred prior to the date of submission of the grant application, save in duly substantiated exceptional cases as provided for in the basic act or in the case of expenditure necessary for the proper implementation of crisis management aid or humanitarian aid operations as provided for in the implementing rules.

No grant may be awarded retrospectively for actions already completed.

2.   An operating grant shall be awarded within six months after the start of the beneficiary's budgetary year. Costs eligible for financing may not have been incurred before the grant application was lodged nor before the start of the beneficiary's budgetary year.’

| (66) | In Article 113, paragraph 2 is replaced by the following:
  ‘2.   Unless otherwise specified in the basic act with regard to bodies pursuing an objective of general European interest, when operating grants are renewed, they shall be gradually decreased. This provision shall not apply to grants taking one of the form referred to in points (b) and (c) of Article 108a(1).’ |
| --- | --- |

(66)

In Article 113, paragraph 2 is replaced by the following:

‘2.   Unless otherwise specified in the basic act with regard to bodies pursuing an objective of general European interest, when operating grants are renewed, they shall be gradually decreased. This provision shall not apply to grants taking one of the form referred to in points (b) and (c) of Article 108a(1).’

| (67) | Article 114 is replaced by the following:
  ‘Article 114
  1.   Grant applications shall be submitted in writing.
  2.   Grant applications shall be eligible if submitted by the following:






  (a) | legal persons; grant applications may be eligible if submitted by entities which do not have legal personality under the applicable national law, provided that their representatives have the capacity to undertake legal obligations on their behalf and assume financial liability. |
| --- | --- | --- |

(67)

Article 114 is replaced by the following:

‘Article 114

1.   Grant applications shall be submitted in writing.

2.   Grant applications shall be eligible if submitted by the following:

(a)

legal persons; grant applications may be eligible if submitted by entities which do not have legal personality under the applicable national law, provided that their representatives have the capacity to undertake legal obligations on their behalf and assume financial liability.

| (b) | natural persons in so far as this is required by the nature or characteristics of the action or the objective pursued by the applicant. |
| --- | --- |

(b)

natural persons in so far as this is required by the nature or characteristics of the action or the objective pursued by the applicant.

3.   Grants may not be awarded to applicants who are, at the time of a grant award procedure, in one of the situations referred to in Articles 93(1), 94 and 96(2)(a).

Applicants must certify that they are not in one of the situations referred to in the first subparagraph. However, the authorising officer may refrain from requiring such certification for very low value grants, as specified in the implementing rules.

4.   Administrative and financial penalties which are effective, proportionate and dissuasive may be imposed on applicants by the authorising officer, in accordance with Article 96.

Such penalties may also be imposed on beneficiaries who at the moment of the submission of the application or during the implementation of the grant, have made false declarations in supplying the information required by the authorising officer or fail to supply this information.’

| (68) | In Article 116, paragraph 1 is replaced by the following:
  ‘1.   Proposals shall be evaluated, on the basis of pre-announced selection and award criteria, with a view to determining which proposals may be financed.’ |
| --- | --- |

(68)

In Article 116, paragraph 1 is replaced by the following:

‘1.   Proposals shall be evaluated, on the basis of pre-announced selection and award criteria, with a view to determining which proposals may be financed.’

| (69) | Article 118 is replaced by the following:
  ‘Article 118
  1.   The authorising officer responsible may if deemed appropriate and proportionate require the beneficiary to lodge a guarantee in advance in order to limit the financial risks connected with the payment of pre-financing.
  2.   The authorising officer shall require the beneficiary to lodge such a guarantee in advance in the cases specified in the implementing rules.’ |
| --- | --- |

(69)

Article 118 is replaced by the following:

‘Article 118

1.   The authorising officer responsible may if deemed appropriate and proportionate require the beneficiary to lodge a guarantee in advance in order to limit the financial risks connected with the payment of pre-financing.

2.   The authorising officer shall require the beneficiary to lodge such a guarantee in advance in the cases specified in the implementing rules.’

| (70) | In Article 119, paragraph 2 is replaced by the following:
  ‘2.   Should the beneficiary fail to comply with his obligations, the grant shall be suspended or reduced or terminated in the cases provided for by the implementing rules after the beneficiary has been given the opportunity to make his observations.’ |
| --- | --- |

(70)

In Article 119, paragraph 2 is replaced by the following:

‘2.   Should the beneficiary fail to comply with his obligations, the grant shall be suspended or reduced or terminated in the cases provided for by the implementing rules after the beneficiary has been given the opportunity to make his observations.’

| (71) | Article 120 is replaced by the following:
  ‘Article 120
  1.   Where implementation of the action requires the award of procurement contracts by the beneficiary, the relevant procedures shall be as set out in the implementing rules.
  2.   Where implementation of the action requires financial support to be given to third parties, the beneficiary of a Community grant may give such financial support provided that the following conditions are met:






  (a) | the financial support is not the primary aim of the action; |
| --- | --- | --- |

(71)

Article 120 is replaced by the following:

‘Article 120

1.   Where implementation of the action requires the award of procurement contracts by the beneficiary, the relevant procedures shall be as set out in the implementing rules.

2.   Where implementation of the action requires financial support to be given to third parties, the beneficiary of a Community grant may give such financial support provided that the following conditions are met:

(a)

the financial support is not the primary aim of the action;

| (b) | the conditions for the giving of such support are strictly defined in the grant decision or agreement between the beneficiary and the Commission, with no margin for discretion; |
| --- | --- |

(b)

the conditions for the giving of such support are strictly defined in the grant decision or agreement between the beneficiary and the Commission, with no margin for discretion;

| (c) | the amounts concerned are small. |
| --- | --- |

(c)

the amounts concerned are small.

For the purpose of point (c), the maximum amount of financial support that can be paid to a third party by a beneficiary shall be determined in the implementing rules.

3.   Each grant decision or agreement shall provide expressly for the Commission and the Court of Auditors to exercise their powers of control, on documents and on the premises, over all contractors and subcontractors who have received Community funds.’

| (72) | Article 121 is amended as follows:






  (a) | point (a) is replaced by the following:






  ‘(a) | the financial statements of the institutions as set out in Article 126, those of the bodies referred to in Article 185 and of other bodies whose accounts need to be consolidated in accordance with Community accounting rules;’ |
| --- | --- | --- | --- |

(72)

Article 121 is amended as follows:

(a)

point (a) is replaced by the following:

‘(a)

the financial statements of the institutions as set out in Article 126, those of the bodies referred to in Article 185 and of other bodies whose accounts need to be consolidated in accordance with Community accounting rules;’

| (b) | point (d) is replaced by the following:






  ‘(d) | the aggregated reports on implementation of the budget which present the information contained in the reports referred to in point (c).’ |
| --- | --- | --- |

(b)

point (d) is replaced by the following:

‘(d)

the aggregated reports on implementation of the budget which present the information contained in the reports referred to in point (c).’

| (73) | Article 122 is amended as follows:






  (a) | the first paragraph is replaced by the following:
  ‘The accounts of the institutions and bodies referred to in Article 121 shall be accompanied by a report on budgetary and financial management of the financial year.’ |
| --- | --- | --- |

(73)

Article 122 is amended as follows:

(a)

the first paragraph is replaced by the following:

‘The accounts of the institutions and bodies referred to in Article 121 shall be accompanied by a report on budgetary and financial management of the financial year.’

| (b) | the following second paragraph is added:
  ‘The report referred to in the first paragraph shall give an account, inter alia, of the rate of implementation of the appropriations together with summary information on the transfers of appropriations among the various budget items.’ |
| --- | --- |

(b)

the following second paragraph is added:

‘The report referred to in the first paragraph shall give an account, inter alia, of the rate of implementation of the appropriations together with summary information on the transfers of appropriations among the various budget items.’

| (74) | Article 128 is replaced by the following:
  ‘Article 128
  The accounting officers of the other institutions and bodies referred to in Article 121 shall send to the Commission's accounting officer and to the Court of Auditors by 1 March of the following year at the latest their provisional accounts together with the report on budgetary and financial management during the year.
  The Commission's accounting officer shall consolidate these provisional accounts with the Commission's provisional accounts and shall send to the Court of Auditors, by 31 March of the following year at the latest, the Commission's provisional accounts accompanied by its report on budgetary and financial management during the year together with the provisional consolidated accounts.
  The accounting officer of each institution and body referred to in Article 121 shall also send the report on budgetary and financial management to the European Parliament and the Council by the date specified in the second paragraph.’ |
| --- | --- |

(74)

Article 128 is replaced by the following:

‘Article 128

The accounting officers of the other institutions and bodies referred to in Article 121 shall send to the Commission's accounting officer and to the Court of Auditors by 1 March of the following year at the latest their provisional accounts together with the report on budgetary and financial management during the year.

The Commission's accounting officer shall consolidate these provisional accounts with the Commission's provisional accounts and shall send to the Court of Auditors, by 31 March of the following year at the latest, the Commission's provisional accounts accompanied by its report on budgetary and financial management during the year together with the provisional consolidated accounts.

The accounting officer of each institution and body referred to in Article 121 shall also send the report on budgetary and financial management to the European Parliament and the Council by the date specified in the second paragraph.’

| (75) | Article 129 is amended as follows:






  (a) | in paragraph 1, ‘Article 185’ is replaced by ‘Article 121’; |
| --- | --- | --- |

(75)

Article 129 is amended as follows:

(a)

in paragraph 1, ‘Article 185’ is replaced by ‘Article 121’;

| (b) | paragraph 2 is replaced by the following:
  ‘2.   The institutions other than the Commission, and each of the bodies referred to in Article 121, shall draw up their final accounts in accordance with Article 61 and send them to the Commission's accounting officer and the Court of Auditors by 1 July of the following year at the latest with a view to drawing up the final consolidated accounts.’; |
| --- | --- |

(b)

paragraph 2 is replaced by the following:

‘2.   The institutions other than the Commission, and each of the bodies referred to in Article 121, shall draw up their final accounts in accordance with Article 61 and send them to the Commission's accounting officer and the Court of Auditors by 1 July of the following year at the latest with a view to drawing up the final consolidated accounts.’;

| (c) | the following paragraph 2a is inserted:
  ‘2a.   The Commission's accounting officer shall prepare the final consolidated accounts on the basis of the information presented by the other institutions under paragraph 2. The final consolidated accounts shall be accompanied by a note established by the Commission's accounting officer, by which he/she declares that they were prepared in accordance with Title VII and with the accounting principles, rules and methods set out in annex to the financial statements.’; |
| --- | --- |

(c)

the following paragraph 2a is inserted:

‘2a.   The Commission's accounting officer shall prepare the final consolidated accounts on the basis of the information presented by the other institutions under paragraph 2. The final consolidated accounts shall be accompanied by a note established by the Commission's accounting officer, by which he/she declares that they were prepared in accordance with Title VII and with the accounting principles, rules and methods set out in annex to the financial statements.’;

| (d) | paragraph 3 is replaced by the following:
  ‘3.   After approving the final consolidated accounts and its own final accounts, the Commission shall send them both to the European Parliament, the Council and the Court of Auditors before 31 July of the following financial year.’; |
| --- | --- |

(d)

paragraph 3 is replaced by the following:

‘3.   After approving the final consolidated accounts and its own final accounts, the Commission shall send them both to the European Parliament, the Council and the Court of Auditors before 31 July of the following financial year.’;

| (e) | in paragraph 4, ‘31 October’ is replaced by ‘15 November’. |
| --- | --- |

(e)

in paragraph 4, ‘31 October’ is replaced by ‘15 November’.

| (76) | Article 131 is amended as follows:






  (a) | in paragraph 1, ‘the Commission’ is replaced by ‘the Commission's accounting officer’; |
| --- | --- | --- |

(76)

Article 131 is amended as follows:

(a)

in paragraph 1, ‘the Commission’ is replaced by ‘the Commission's accounting officer’;

| (b) | in paragraph 2, ‘the Commission’ is replaced by ‘the Commission's accounting officer’. |
| --- | --- |

(b)

in paragraph 2, ‘the Commission’ is replaced by ‘the Commission's accounting officer’.

| (77) | In Article 133(1), ‘Article 185’ is replaced by ‘Article 121’. |
| --- | --- |

(77)

In Article 133(1), ‘Article 185’ is replaced by ‘Article 121’.

| (78) | In Article 134, ‘Article 185’ is replaced by ‘Article 121’. |
| --- | --- |

(78)

In Article 134, ‘Article 185’ is replaced by ‘Article 121’.

| (79) | In Article 138(1), ‘Article 185’ is replaced by ‘Article 121’. |
| --- | --- |

(79)

In Article 138(1), ‘Article 185’ is replaced by ‘Article 121’.

| (80) | In Article 139, paragraph 2 is replaced by the following:
  ‘2.   Each institution shall inform the Court of Auditors and the two arms of the budgetary authority of any internal rules they adopt in respect of financial matters.’ |
| --- | --- |

(80)

In Article 139, paragraph 2 is replaced by the following:

‘2.   Each institution shall inform the Court of Auditors and the two arms of the budgetary authority of any internal rules they adopt in respect of financial matters.’

| (81) | Article 143 is amended as follows:






  (a) | in paragraph 2, ‘15 June’ is replaced by ‘30 June’, and ‘30 September’ is replaced by ‘15 October’; |
| --- | --- | --- |

(81)

Article 143 is amended as follows:

(a)

in paragraph 2, ‘15 June’ is replaced by ‘30 June’, and ‘30 September’ is replaced by ‘15 October’;

| (b) | paragraph 5 is replaced by the following:
  ‘5.   The Court of Auditors shall transmit to the authorities responsible for giving discharge and to the other institutions, by 15 November at the latest, its annual report accompanied by the replies of the institutions and shall ensure publication thereof in the Official Journal of the European Union.’ |
| --- | --- |

(b)

paragraph 5 is replaced by the following:

‘5.   The Court of Auditors shall transmit to the authorities responsible for giving discharge and to the other institutions, by 15 November at the latest, its annual report accompanied by the replies of the institutions and shall ensure publication thereof in the Official Journal of the European Union.’

| (c) | in paragraph 6, ‘15 February’ is replaced by ‘28 February’. |
| --- | --- |

(c)

in paragraph 6, ‘15 February’ is replaced by ‘28 February’.

| (82) | Article 144 is amended as follows:






  (a) | in paragraph 1, the fifth subparagraph is replaced by the following:
  ‘Should the Court of Auditors decide to have any such special reports published in the Official Journal of the European Union, they shall be accompanied by the replies of the institutions concerned.’ |
| --- | --- | --- |

(82)

Article 144 is amended as follows:

(a)

in paragraph 1, the fifth subparagraph is replaced by the following:

‘Should the Court of Auditors decide to have any such special reports published in the Official Journal of the European Union, they shall be accompanied by the replies of the institutions concerned.’

| (b) | in paragraph 2, the first sentence is replaced by the following:
  ‘The opinions referred to in Article 248(4) of the EC Treaty and Article 160c(4) of the Euratom Treaty which do not relate to proposals or drafts covered by the legislative consultation procedure may be published by the Court of Auditors in the Official Journal of the European Union.’ |
| --- | --- |

(b)

in paragraph 2, the first sentence is replaced by the following:

‘The opinions referred to in Article 248(4) of the EC Treaty and Article 160c(4) of the Euratom Treaty which do not relate to proposals or drafts covered by the legislative consultation procedure may be published by the Court of Auditors in the Official Journal of the European Union.’

| (83) | In Article 145(1), ‘30 April’ is replaced by ‘15 May’; |
| --- | --- |

(83)

In Article 145(1), ‘30 April’ is replaced by ‘15 May’;

| (84) | In Title I of Part Two, the title is replaced by the following:
  ‘TITLE I
  EUROPEAN AGRICULTURAL GUARANTEE FUND’ |
| --- | --- |

(84)

In Title I of Part Two, the title is replaced by the following:

‘TITLE I

EUROPEAN AGRICULTURAL GUARANTEE FUND’

| (85) | In Article 148, paragraph 1 is replaced by the following:
  ‘1.   Parts One and Three of this Regulation shall apply to expenditure effected by the authorities and bodies referred to in the rules relating to the EAGF, and to revenue, save as otherwise provided in this Title.’ |
| --- | --- |

(85)

In Article 148, paragraph 1 is replaced by the following:

‘1.   Parts One and Three of this Regulation shall apply to expenditure effected by the authorities and bodies referred to in the rules relating to the EAGF, and to revenue, save as otherwise provided in this Title.’

| (86) | Article 149 is amended as follows:






  (a) | paragraph 1 is replaced by the following:
  ‘1.   For each financial year, the EAGF shall include non-differentiated appropriations, with the exception of the expenditure related to the measures referred to in Article 3(2) of Council Regulation (EC) No 1290/2005 (9), which shall be covered by differentiated appropriations.’ |
| --- | --- | --- |

(86)

Article 149 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   For each financial year, the EAGF shall include non-differentiated appropriations, with the exception of the expenditure related to the measures referred to in Article 3(2) of Council Regulation (EC) No 1290/2005 (9), which shall be covered by differentiated appropriations.’

| (b) | paragraph 3 is replaced by the following:
  ‘3.   Non-committed appropriations relating to the actions referred to in Article 3(1) of Regulation (EC) No 1290/2005 may be carried over to the next financial year only.
  Such carryover shall not exceed, within the limit of 2 % of the initial appropriations referred to in the first subparagraph, the amount of the adjustment of direct payments referred to in Article 11 of Council Regulation (EC) No 1782/2003 (10) and which was applied during the last financial year.
  Appropriations which are carried over shall be returned exclusively to the budgetary lines which cover the actions referred to in Article 3(1)(c) of Regulation (EC) No 1290/2005.
  Such carryover may lead to an additional payment only to the final beneficiaries who have been subject, in the last financial year, to the adjustment of direct payments in accordance with Article 11 of Regulation (EC) No 1782/2003.
  The carryover decision shall be taken, at the latest on 15 February of the year to which the carryover is being made, by the Commission, which shall inform the budgetary authority.’ |
| --- | --- |

(b)

paragraph 3 is replaced by the following:

‘3.   Non-committed appropriations relating to the actions referred to in Article 3(1) of Regulation (EC) No 1290/2005 may be carried over to the next financial year only.

Such carryover shall not exceed, within the limit of 2 % of the initial appropriations referred to in the first subparagraph, the amount of the adjustment of direct payments referred to in Article 11 of Council Regulation (EC) No 1782/2003 (10) and which was applied during the last financial year.

Appropriations which are carried over shall be returned exclusively to the budgetary lines which cover the actions referred to in Article 3(1)(c) of Regulation (EC) No 1290/2005.

Such carryover may lead to an additional payment only to the final beneficiaries who have been subject, in the last financial year, to the adjustment of direct payments in accordance with Article 11 of Regulation (EC) No 1782/2003.

The carryover decision shall be taken, at the latest on 15 February of the year to which the carryover is being made, by the Commission, which shall inform the budgetary authority.’

| (87) | In Article 150, paragraphs 2 and 3 are replaced by the following:
  ‘2.   The Commission decisions fixing the amounts of these payments shall constitute global provisional commitments, which may not exceed the total appropriations entered for the EAGF.
  3.   As from 15 November, routine management expenditure for the EAGF may be committed in advance against the appropriations provided for the following financial year. Such commitments may not, however, exceed three quarters of the total corresponding appropriations for the current financial year. They may apply only to expenditure for which the principle is laid down in an existing basic act.’ |
| --- | --- |

(87)

In Article 150, paragraphs 2 and 3 are replaced by the following:

‘2.   The Commission decisions fixing the amounts of these payments shall constitute global provisional commitments, which may not exceed the total appropriations entered for the EAGF.

3.   As from 15 November, routine management expenditure for the EAGF may be committed in advance against the appropriations provided for the following financial year. Such commitments may not, however, exceed three quarters of the total corresponding appropriations for the current financial year. They may apply only to expenditure for which the principle is laid down in an existing basic act.’

| (88) | In Article 151(1), the first subparagraph is replaced by the following:
  ‘Expenditure effected by the authorities and bodies referred to in the rules relating to the EAGF shall, within two months following receipt of the statements sent in by Member States, be the subject of a commitment by chapter, article and item. Such commitment may be made after the elapse of that two-month period whenever a procedure for a transfer of appropriations concerning the budget lines in question is necessary. Save where payment has not yet been made by the Member States or where eligibility is in doubt, the amounts shall be charged as payments within the same two-month period.’ |
| --- | --- |

(88)

In Article 151(1), the first subparagraph is replaced by the following:

‘Expenditure effected by the authorities and bodies referred to in the rules relating to the EAGF shall, within two months following receipt of the statements sent in by Member States, be the subject of a commitment by chapter, article and item. Such commitment may be made after the elapse of that two-month period whenever a procedure for a transfer of appropriations concerning the budget lines in question is necessary. Save where payment has not yet been made by the Member States or where eligibility is in doubt, the amounts shall be charged as payments within the same two-month period.’

| (89) | Article 152 is replaced by the following:
  ‘Article 152
  In budgetary accounting, expenditure shall be booked to the accounts for a financial year on the basis of the repayments made by the Commission to the Member States by 31 December of the year concerned at the latest, provided that the payment order has reached the accounting officer by 31 January of the following financial year at the latest.’ |
| --- | --- |

(89)

Article 152 is replaced by the following:

‘Article 152

In budgetary accounting, expenditure shall be booked to the accounts for a financial year on the basis of the repayments made by the Commission to the Member States by 31 December of the year concerned at the latest, provided that the payment order has reached the accounting officer by 31 January of the following financial year at the latest.’

| (90) | In Article 153, paragraph 1 is replaced by the following:
  ‘1.   Where the Commission may transfer appropriations pursuant to Article 23(1), it shall take its decision by 31 January of the following financial year at the latest and shall inform the budgetary authority as provided for in Article 23(1).’ |
| --- | --- |

(90)

In Article 153, paragraph 1 is replaced by the following:

‘1.   Where the Commission may transfer appropriations pursuant to Article 23(1), it shall take its decision by 31 January of the following financial year at the latest and shall inform the budgetary authority as provided for in Article 23(1).’

| (91) | Article 154 is replaced by the following:
  ‘Article 154
  1.   Assigned revenue under this Title shall be assigned according to origin in accordance with Article 18(2).
  2.   The result of decisions on clearance of accounts, as referred to in Article 30 of Council Regulation (EC) No 1290/2005 shall be entered in a single Article.’ |
| --- | --- |

(91)

Article 154 is replaced by the following:

‘Article 154

1.   Assigned revenue under this Title shall be assigned according to origin in accordance with Article 18(2).

2.   The result of decisions on clearance of accounts, as referred to in Article 30 of Council Regulation (EC) No 1290/2005 shall be entered in a single Article.’

| (92) | The title of Title II of Part Two is replaced by the following:
  ‘TITLE II
  STRUCTURAL FUNDS, COHESION FUND, FISHERIES FUND, AND AGRICULTURAL FUND FOR RURAL DEVELOPMENT’ |
| --- | --- |

(92)

The title of Title II of Part Two is replaced by the following:

‘TITLE II

STRUCTURAL FUNDS, COHESION FUND, FISHERIES FUND, AND AGRICULTURAL FUND FOR RURAL DEVELOPMENT’

| (93) | Article 155 is amended as follows:






  (a) | paragraph 1 is replaced by the following:
  ‘1.   Parts One and Three of this Regulation shall apply to expenditure effected by the authorities and bodies referred to in the Regulations governing the European Regional Development Fund (ERDF), the European Social Fund (ESF), the Cohesion Fund, the European Fisheries Fund (EFF), and the EAFRD, hereinafter “the Funds”, and to their revenue, save as otherwise provided in this Title.’ |
| --- | --- | --- |

(93)

Article 155 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   Parts One and Three of this Regulation shall apply to expenditure effected by the authorities and bodies referred to in the Regulations governing the European Regional Development Fund (ERDF), the European Social Fund (ESF), the Cohesion Fund, the European Fisheries Fund (EFF), and the EAFRD, hereinafter “the Funds”, and to their revenue, save as otherwise provided in this Title.’

| (b) | paragraph 3 is deleted. |
| --- | --- |

(b)

paragraph 3 is deleted.

| (94) | In Article 157, the second paragraph is replaced by the following:
  ‘The decommitted appropriations may be made available again in the event of a manifest error attributable solely to the Commission.’ |
| --- | --- |

(94)

In Article 157, the second paragraph is replaced by the following:

‘The decommitted appropriations may be made available again in the event of a manifest error attributable solely to the Commission.’

| (95) | Article 158 is replaced by the following:
  ‘Article 158
  With regard to the operational expenditure referred to in this Title, the Commission may, except in the case of the EAFRD, make transfers from one title to another, provided that the appropriations in question are for the same objective within the meaning of the Regulations governing the Funds referred to in Article 155, or are Technical Assistance expenditure.’ |
| --- | --- |

(95)

Article 158 is replaced by the following:

‘Article 158

With regard to the operational expenditure referred to in this Title, the Commission may, except in the case of the EAFRD, make transfers from one title to another, provided that the appropriations in question are for the same objective within the meaning of the Regulations governing the Funds referred to in Article 155, or are Technical Assistance expenditure.’

| (96) | In Article 160, the following paragraph 1a is inserted:
  ‘1a.   The appropriations relating to the revenue generated by the Research Fund for Coal and Steel established by the Protocol annexed to the EC Treaty on the financial consequences of the expiry of the ECSC Treaty and on the Research Fund for Coal and Steel shall be treated as assigned revenue within the meaning of Article 18. The commitment appropriations generated by this revenue shall be made available as soon as the amount receivable has been estimated and the payment appropriations as soon as the revenue has been received.’ |
| --- | --- |

(96)

In Article 160, the following paragraph 1a is inserted:

‘1a.   The appropriations relating to the revenue generated by the Research Fund for Coal and Steel established by the Protocol annexed to the EC Treaty on the financial consequences of the expiry of the ECSC Treaty and on the Research Fund for Coal and Steel shall be treated as assigned revenue within the meaning of Article 18. The commitment appropriations generated by this revenue shall be made available as soon as the amount receivable has been estimated and the payment appropriations as soon as the revenue has been received.’

| (97) | The following Article 160a is inserted:
  ‘Article 160a
  1.   The commitment appropriations corresponding to the amount of the commitment decommitted as a result of total or partial non-implementation of the projects relating to research for which they were earmarked may, exceptionally and in duly substantiated cases, be made available again where it is essential to carry out the programme originally planned, unless the budget for the current financial year contains funds for this purpose.
  2.   For the purposes of paragraph 1, the Commission shall, at the beginning of each financial year, examine decommitments made during the previous financial year and assess, in the light of the requirements, the need for making the appropriations available again.
  On the basis of this assessment, the Commission may submit appropriate proposals to the budgetary authority, by 15 February of each financial year, stating for each budget item the reasons for making these appropriations available again.
  3.   The budgetary authority shall decide on the Commission's proposals within six weeks. Where no decision is taken within this time limit, the proposals shall be deemed to be approved.
  The amount of commitment appropriations to be made available again in year n shall in no case exceed 25 % of the total amount decommitted on the same budget line in year n – 1.
  4.   Commitment appropriations made available again shall not be carried over.
  Legal commitments relating to the commitment appropriations which have been made available again shall be concluded by 31 December of year n.
  At the end of year n, the unused balance of the commitment appropriations made available again shall be definitively decommitted by the authorising officer responsible.’ |
| --- | --- |

(97)

The following Article 160a is inserted:

‘Article 160a

1.   The commitment appropriations corresponding to the amount of the commitment decommitted as a result of total or partial non-implementation of the projects relating to research for which they were earmarked may, exceptionally and in duly substantiated cases, be made available again where it is essential to carry out the programme originally planned, unless the budget for the current financial year contains funds for this purpose.

2.   For the purposes of paragraph 1, the Commission shall, at the beginning of each financial year, examine decommitments made during the previous financial year and assess, in the light of the requirements, the need for making the appropriations available again.

On the basis of this assessment, the Commission may submit appropriate proposals to the budgetary authority, by 15 February of each financial year, stating for each budget item the reasons for making these appropriations available again.

3.   The budgetary authority shall decide on the Commission's proposals within six weeks. Where no decision is taken within this time limit, the proposals shall be deemed to be approved.

The amount of commitment appropriations to be made available again in year n shall in no case exceed 25 % of the total amount decommitted on the same budget line in year n – 1.

4.   Commitment appropriations made available again shall not be carried over.

Legal commitments relating to the commitment appropriations which have been made available again shall be concluded by 31 December of year n.

At the end of year n, the unused balance of the commitment appropriations made available again shall be definitively decommitted by the authorising officer responsible.’

| (98) | In Article 163, the first sentence is replaced by the following:
  ‘The actions referred to in this Title may be implemented on a centralised basis by the Commission, by shared management, on a decentralised basis by the beneficiary third country or countries, or jointly with international organisations in compliance with the relevant provisions of Articles 53 to 57.’ |
| --- | --- |

(98)

In Article 163, the first sentence is replaced by the following:

‘The actions referred to in this Title may be implemented on a centralised basis by the Commission, by shared management, on a decentralised basis by the beneficiary third country or countries, or jointly with international organisations in compliance with the relevant provisions of Articles 53 to 57.’

| (99) | Article 164 is deleted. |
| --- | --- |

(99)

Article 164 is deleted.

| (100) | Article 166 is amended as follows:






  a) | paragraph 1 is amended as follows:








  (i) | points (a) and (b) of the first subparagraph are replaced by the following:






  ‘(a) | a financing agreement drawn up between the Commission, acting for the Communities, and the beneficiary third country or countries or the bodies they have designated, hereinafter: “the beneficiaries” |
| --- | --- | --- | --- | --- |

(100)

Article 166 is amended as follows:

a)

paragraph 1 is amended as follows:

(i)

points (a) and (b) of the first subparagraph are replaced by the following:

‘(a)

a financing agreement drawn up between the Commission, acting for the Communities, and the beneficiary third country or countries or the bodies they have designated, hereinafter: “the beneficiaries”

| (b) | a contract or a grant agreement between the Commission and national or international public-sector bodies or between the Commission and natural or legal persons responsible for carrying out the actions.’ |
| --- | --- |

(b)

a contract or a grant agreement between the Commission and national or international public-sector bodies or between the Commission and natural or legal persons responsible for carrying out the actions.’

| (ii) | the second subparagraph is replaced by the following:
  ‘The terms on which the external aid is given shall be laid down in the instrument by which the contracts or the grants provided for in points (a) and (b) of this paragraph shall be managed.’ |
| --- | --- |

(ii)

the second subparagraph is replaced by the following:

‘The terms on which the external aid is given shall be laid down in the instrument by which the contracts or the grants provided for in points (a) and (b) of this paragraph shall be managed.’

| (b) | Paragraph 2 is replaced by the following:
  ‘2.   Financing agreements with the beneficiary third countries referred to in paragraph 1(a) shall be concluded by 31 December of year n + 1 at the latest, year n being the one in which the budgetary commitment was made.
  The individual contracts, grant decisions and agreements which implement such financing agreements shall be concluded or adopted no later than three years following the date of conclusion of the financing agreement.
  Individual contracts and agreements relating to audit and evaluation may be concluded later.’ |
| --- | --- |

(b)

Paragraph 2 is replaced by the following:

‘2.   Financing agreements with the beneficiary third countries referred to in paragraph 1(a) shall be concluded by 31 December of year n + 1 at the latest, year n being the one in which the budgetary commitment was made.

The individual contracts, grant decisions and agreements which implement such financing agreements shall be concluded or adopted no later than three years following the date of conclusion of the financing agreement.

Individual contracts and agreements relating to audit and evaluation may be concluded later.’

| (c) | the following paragraph 3 is added:
  ‘3.   The provision under paragraph 2 shall not apply to the multi-annual programmes in the following cases:






  — | the cross-border cooperation, regional development, human resources development and rural development components of Regulation .../2006 establishing an Instrument for Pre-Accession Assistance; |
| --- | --- | --- |

(c)

the following paragraph 3 is added:

‘3.   The provision under paragraph 2 shall not apply to the multi-annual programmes in the following cases:

—

the cross-border cooperation, regional development, human resources development and rural development components of Regulation .../2006 establishing an Instrument for Pre-Accession Assistance;

| — | the cross-border cooperation component of Regulation .../2006 establishing a European Neighbourhood and Partnership Instrument. |
| --- | --- |

—

the cross-border cooperation component of Regulation .../2006 establishing a European Neighbourhood and Partnership Instrument.

In these cases, the following rules shall apply:

| (a) | Any portion of a budget commitment for such a multi-annual programme shall be automatically decommited where, by 31 December of the third year following year n being the one in which the budget commitment was made:






  (i) | it has not been used for the purpose of pre-financing; or |
| --- | --- | --- |

(a)

Any portion of a budget commitment for such a multi-annual programme shall be automatically decommited where, by 31 December of the third year following year n being the one in which the budget commitment was made:

(i)

it has not been used for the purpose of pre-financing; or

| (ii) | it has not been used for making intermediate payments; or |
| --- | --- |

(ii)

it has not been used for making intermediate payments; or

| (iii) | no declaration of expenditure meeting the conditions laid down in Article ... of the IPA Regulation or Article ... of the ENPI Regulation has been presented in relation to it. |
| --- | --- |

(iii)

no declaration of expenditure meeting the conditions laid down in Article ... of the IPA Regulation or Article ... of the ENPI Regulation has been presented in relation to it.

| (b) | That part of budget commitments still open on 31 December 2017 for which a declaration of expenditure has not been made by 31 December 2018 shall be automatically decommitted.’ |
| --- | --- |

(b)

That part of budget commitments still open on 31 December 2017 for which a declaration of expenditure has not been made by 31 December 2018 shall be automatically decommitted.’

| (101) | Article 167 is amended as follows:






  (a) | In paragraph 1, point (c) is replaced by the following:






  ‘(c) | a national or international public-sector body or natural or legal persons who are beneficiaries of a grant for the implementation of an external action.’ |
| --- | --- | --- | --- |

(101)

Article 167 is amended as follows:

(a)

In paragraph 1, point (c) is replaced by the following:

‘(c)

a national or international public-sector body or natural or legal persons who are beneficiaries of a grant for the implementation of an external action.’

| (b) | Paragraph 2 is replaced by the following:
  ‘2.   The procurement procedures must be laid down in the financing agreements or in the grant decision or grant agreement provided for in Article 166.’ |
| --- | --- |

(b)

Paragraph 2 is replaced by the following:

‘2.   The procurement procedures must be laid down in the financing agreements or in the grant decision or grant agreement provided for in Article 166.’

| (102) | In Title IV of Part Two, the title of Chapter 4 is replaced by the following:
  ‘CHAPTER 4
  Grants’ |
| --- | --- |

(102)

In Title IV of Part Two, the title of Chapter 4 is replaced by the following:

‘CHAPTER 4

Grants’

| (103) | The following Article 169a is inserted:
  ‘Article 169a
  Grant procedures to be applied in decentralised management by beneficiary third countries shall be laid down in the financing agreements referred to in Article 166. They shall be based on the rules laid down in Title VI of Part One.’ |
| --- | --- |

(103)

The following Article 169a is inserted:

‘Article 169a

Grant procedures to be applied in decentralised management by beneficiary third countries shall be laid down in the financing agreements referred to in Article 166. They shall be based on the rules laid down in Title VI of Part One.’

| (104) | Article 170 is replaced by the following:
  ‘Article 170
  Each financing agreement or grant agreement or grant decision must expressly provide for the Commission and the Court of Auditors to have the power of audit, on the basis of documents and on the spot, over all contractors and subcontractors who have received Community funds.’ |
| --- | --- |

(104)

Article 170 is replaced by the following:

‘Article 170

Each financing agreement or grant agreement or grant decision must expressly provide for the Commission and the Court of Auditors to have the power of audit, on the basis of documents and on the spot, over all contractors and subcontractors who have received Community funds.’

| (105) | In Article 171, paragraph 2 is replaced by the following:
  ‘2.   This Title shall apply to the operation of the European Anti-fraud Office (OLAF), with the exception of Articles 174, 174a and 175(2).’ |
| --- | --- |

(105)

In Article 171, paragraph 2 is replaced by the following:

‘2.   This Title shall apply to the operation of the European Anti-fraud Office (OLAF), with the exception of Articles 174, 174a and 175(2).’

| (106) | Article 173 is replaced by the following:
  ‘Article 173
  The Commission shall, in respect of the appropriations entered in the Annex for each European office, delegate the powers of authorising officer to the Director of the European office concerned, in accordance with Article 59.’ |
| --- | --- |

(106)

Article 173 is replaced by the following:

‘Article 173

The Commission shall, in respect of the appropriations entered in the Annex for each European office, delegate the powers of authorising officer to the Director of the European office concerned, in accordance with Article 59.’

| (107) | In Article 174(1), the second sentence is replaced by the following:
  ‘The Director of the European office concerned shall adopt, after approval by its Management Committee, the criteria on which the accounting system shall be based.’ |
| --- | --- |

(107)

In Article 174(1), the second sentence is replaced by the following:

‘The Director of the European office concerned shall adopt, after approval by its Management Committee, the criteria on which the accounting system shall be based.’

| (108) | The following Article 174a is inserted:
  ‘Article 174a
  1.   Each institution may delegate authorising officer powers to the director of an interinstitutional European office for the management of appropriations entered in its section and shall set the limits and conditions for this delegation of powers.
  2.   The internal auditor of the Commission shall exercise all responsibilities laid down in Title IV, Chapter 8 of Part One.’ |
| --- | --- |

(108)

The following Article 174a is inserted:

‘Article 174a

1.   Each institution may delegate authorising officer powers to the director of an interinstitutional European office for the management of appropriations entered in its section and shall set the limits and conditions for this delegation of powers.

2.   The internal auditor of the Commission shall exercise all responsibilities laid down in Title IV, Chapter 8 of Part One.’

| (109) | Article 175 is amended as follows:






  (a) | paragraph 1 is deleted; |
| --- | --- | --- |

(109)

Article 175 is amended as follows:

(a)

paragraph 1 is deleted;

| (b) | paragraph 2 is replaced by the following:
  ‘2.   Should the remit of a European office involve supplies to third parties for pecuniary interest, its Director shall, after approval of the Management Committee, lay down the specific provisions governing how these supplies are to be made and the keeping of the corresponding accounts.’ |
| --- | --- |

(b)

paragraph 2 is replaced by the following:

‘2.   Should the remit of a European office involve supplies to third parties for pecuniary interest, its Director shall, after approval of the Management Committee, lay down the specific provisions governing how these supplies are to be made and the keeping of the corresponding accounts.’

| (110) | Article 176 is deleted. |
| --- | --- |

(110)

Article 176 is deleted.

| (111) | Article 178 is amended as follows:






  (a) | in paragraph 1, the second sentence is replaced by the following:
  ‘Such commitments may not, however, exceed one quarter of the appropriations decided by the budgetary authority on the corresponding budget line for the current financial year.’; |
| --- | --- | --- |

(111)

Article 178 is amended as follows:

(a)

in paragraph 1, the second sentence is replaced by the following:

‘Such commitments may not, however, exceed one quarter of the appropriations decided by the budgetary authority on the corresponding budget line for the current financial year.’;

| (b) | in paragraph 2, the following sentence is added:
  ‘In this case, the limit referred to in paragraph 1 shall not apply.’ |
| --- | --- |

(b)

in paragraph 2, the following sentence is added:

‘In this case, the limit referred to in paragraph 1 shall not apply.’

| (112) | In Article 179(3), the second and third subparagraphs are replaced by the following:
  ‘If either branch of the budgetary authority intends to issue an opinion, it shall within two weeks after receipt of the information on the building project notify the institution concerned of its intention to issue such an opinion. Failing a reply, the institution concerned may proceed with the planned operation under its administrative autonomy, subject to Article 282 of the EC Treaty and Article 185 of the Euratom Treaty with regard to Community representation.
  This opinion shall be forwarded to the institution concerned within two weeks of such notification.’ |
| --- | --- |

(112)

In Article 179(3), the second and third subparagraphs are replaced by the following:

‘If either branch of the budgetary authority intends to issue an opinion, it shall within two weeks after receipt of the information on the building project notify the institution concerned of its intention to issue such an opinion. Failing a reply, the institution concerned may proceed with the planned operation under its administrative autonomy, subject to Article 282 of the EC Treaty and Article 185 of the Euratom Treaty with regard to Community representation.

This opinion shall be forwarded to the institution concerned within two weeks of such notification.’

| (113) | After Article 179 the following Title VII is inserted:
  ‘TITLE VII
  EXPERTS
  Article 179a
  The implementing rules shall include a specific procedure for the selection of experts, to be paid on the basis of a fixed amount, for assisting the institutions in particular in evaluating proposals and grant applications or tenders for procurement and for providing technical assistance in the follow-up and final evaluation of projects financed by the budget.’ |
| --- | --- |

(113)

After Article 179 the following Title VII is inserted:

‘TITLE VII

EXPERTS

Article 179a

The implementing rules shall include a specific procedure for the selection of experts, to be paid on the basis of a fixed amount, for assisting the institutions in particular in evaluating proposals and grant applications or tenders for procurement and for providing technical assistance in the follow-up and final evaluation of projects financed by the budget.’

| (114) | Article 180 is deleted. |
| --- | --- |

(114)

Article 180 is deleted.

| (115) | Article 181 is replaced by the following:

  ‘Article 181
  1.   As regards the Funds mentioned in Article 155(1) for which the basic acts were repealed before the date of application of this Regulation, appropriations which were decommitted in application of Article 157(1) may be made available again in the event of a manifest error attributable solely to the Commission or in the case of force majeure which has serious repercussions for the implementation of operations supported by these Funds.
  2.   The central database referred to in Article 95 shall be set up by 1 January 2009.
  3.   For transfers of appropriations concerning operational expenditure referred to in the Regulations governing the Structural Funds and the Cohesion Fund for the 2000-2006 programming period, for which Community payments still have to be made for the financial settlement of outstanding Community commitments until the closure of the assistance, the Commission may make transfers from one title to another, provided that the appropriations in question:






  — | are for the same objective, or |
| --- | --- | --- |

(115)

Article 181 is replaced by the following:

‘Article 181

1.   As regards the Funds mentioned in Article 155(1) for which the basic acts were repealed before the date of application of this Regulation, appropriations which were decommitted in application of Article 157(1) may be made available again in the event of a manifest error attributable solely to the Commission or in the case of force majeure which has serious repercussions for the implementation of operations supported by these Funds.

2.   The central database referred to in Article 95 shall be set up by 1 January 2009.

3.   For transfers of appropriations concerning operational expenditure referred to in the Regulations governing the Structural Funds and the Cohesion Fund for the 2000-2006 programming period, for which Community payments still have to be made for the financial settlement of outstanding Community commitments until the closure of the assistance, the Commission may make transfers from one title to another, provided that the appropriations in question:

—

are for the same objective, or

| — | relate to Community initiatives or to technical assistance and innovative measures and are transferred to measures of the same nature. |
| --- | --- |

—

relate to Community initiatives or to technical assistance and innovative measures and are transferred to measures of the same nature.

4.   Article 30(3) shall apply for the fund mentioned in Article 148(1) for the first time in respect of the payments charged to the 2008 budget.’

| (116) | Article 185 is amended as follows:






  (a) | in paragraph 1, the first sentence is replaced by the following:
  ‘The Commission shall adopt a framework financial regulation for the bodies set up by the Communities and having legal personality which actually receive contributions charged to the budget.’ |
| --- | --- | --- |

(116)

Article 185 is amended as follows:

(a)

in paragraph 1, the first sentence is replaced by the following:

‘The Commission shall adopt a framework financial regulation for the bodies set up by the Communities and having legal personality which actually receive contributions charged to the budget.’

| (b) | paragraph 4 is deleted. |
| --- | --- |

(b)

paragraph 4 is deleted.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from the date of entry into application of the Commission Regulation amending Regulation (EC, Euratom) No 2342/2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities and at the latest from 1 May 2007.

However, points 80, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93 and 94 of Article 1 of this Regulation shall apply from 1 January 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, [...]

For the Council

The President

[...]

DECLARATIONS OF THE INSTITUTIONS

1.   Draft Commission declaration on transparency

‘The Commission undertakes to ensure in the sector-specific implementing Regulations that the disclosure of information on beneficiaries of funds deriving from the Agricultural Funds (FEADER and FEAGA) is comparable to that provided in the sector-specific implementing Regulations for the Structural Funds. In particular adequate annual ex post publication, for each beneficiary, of the amounts received from these funds, subdivided into main categories of expenditure, will be ensured.’

2.   Draft Commission declaration on the financing of European political parties

‘The Commission undertakes to submit, if possible, before February 2007 a proposal for amending Regulation (EC) No 2004/2003 of the European Parliament and of the Council of 4 November 2003 on the regulations governing political parties at European level and the rules regarding their funding by introducing appropriate provisions for exempting from the no-profit rule set up in Article 109 of the Financial Regulation the own resources, in particular contributions and membership fees, aggregated in the annual operations of a political party at European level which exceed the 25 % of eligible cost to be borne by the beneficiary according to Article 10(2) of Regulation (EC) No 2004/2003.’

3.   Draft declaration of the European Parliament and the Commission on derogations from the Financial Regulation

‘The Commission and the European Parliament undertake to notify to the other Institutions any derogation from the provisions of the Financial Regulation contained in legislative proposals or in amendments to legislative proposals submitted to the legislative authority and to state the specific reasons justifying such derogations.’

---

(1)  OJ C 13, 18.1.2006, p. 1.

1

(2)  OJ L 248, 16.9.2002, p. 1.

2

(3)  OJ L 134, 30.4.2004, p. 114. Directive as last amended by Commission Regulation (EC) No 2083/2005 (OJ L 333, 20.12.2005, p. 28).

3

(4)  OJ L 281, 23.11.1995, p. 31.

4

(5)  OJ L 8, 12.1.2001, p. 1.

5

(6)  OJ L 11, 16.1.2003, p. 1.

6

(7)  OJ L 134, 30.4.2004, p. 114.

7

(8)  OJ L 209, 11.8.2005, p. 1.

8

(9)  OJ L 209, 11.8.2005, p. 1.

9

(10)  OJ L 270, 21.10.2003, p. 1.

10

P6_TA(2006)0558

Draft amending budget No 6/2006

European Parliament resolution on Draft amending budget No 6/2006 of the European Union for the financial year 2006, Section III — Commission (15635/2006 — C6-0441/2006 — 2006/2265(BUD))

The European Parliament,

| — | having regard to the Treaty establishing the European Community, and in particular Article 272(4), penultimate subparagraph, thereof, |
| --- | --- |

—

having regard to the Treaty establishing the European Community, and in particular Article 272(4), penultimate subparagraph, thereof,

| — | having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 177 thereof, |
| --- | --- |

—

having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 177 thereof,

| — | having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1), and in particular Articles 37 and 38 thereof, |
| --- | --- |

—

having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1), and in particular Articles 37 and 38 thereof,

| — | having regard to the general budget of the European Union for the financial year 2006, as finally adopted on 15 December 2005 (2), |
| --- | --- |

—

having regard to the general budget of the European Union for the financial year 2006, as finally adopted on 15 December 2005 (2),

| — | having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (3), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (3),

| — | having regard to Preliminary draft amending budget No 6/2006 of the European Union for the financial year 2006, which the Commission presented on 31 October 2006 (SEC(2006)1410), |
| --- | --- |

—

having regard to Preliminary draft amending budget No 6/2006 of the European Union for the financial year 2006, which the Commission presented on 31 October 2006 (SEC(2006)1410),

| — | having regard to Draft amending budget No 6/2006, which the Council established on 30 November 2006 (15635/2006 — C6-0441/2006), |
| --- | --- |

—

having regard to Draft amending budget No 6/2006, which the Council established on 30 November 2006 (15635/2006 — C6-0441/2006),

| — | having regard to Rule 69 of and Annex IV to its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 69 of and Annex IV to its Rules of Procedure,

| — | having regard to the report of the Committee on Budgets (A6-0444/2006), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A6-0444/2006),

| A. | whereas Draft amending budget No 6/2006 aims at budgeting an increase in the forecast of revenue and a decrease in payment appropriations in the budget lines for Headings 1, 2 and 7, as well as modifying the remarks of budget Article 1 1 1 concerning sugar storage and of Article 13 03 08, |
| --- | --- |

A.

whereas Draft amending budget No 6/2006 aims at budgeting an increase in the forecast of revenue and a decrease in payment appropriations in the budget lines for Headings 1, 2 and 7, as well as modifying the remarks of budget Article 1 1 1 concerning sugar storage and of Article 13 03 08,

| B. | whereas the increase in the forecast of revenue of 2 667 million euro and the decrease in payment appropriations of 4 706 million euro are quite substantial, |
| --- | --- |

B.

whereas the increase in the forecast of revenue of 2 667 million euro and the decrease in payment appropriations of 4 706 million euro are quite substantial,

| C. | whereas an adoption of Amending Budget No 6/2006 will thus result in the Member States' contributions for 2006 decreasing by a total of 7 373 million euro, |
| --- | --- |

C.

whereas an adoption of Amending Budget No 6/2006 will thus result in the Member States' contributions for 2006 decreasing by a total of 7 373 million euro,

| D. | whereas the regular and systematic underestimation of revenue with all its effects should be considered as an issue deserving further scrutiny, |
| --- | --- |

D.

whereas the regular and systematic underestimation of revenue with all its effects should be considered as an issue deserving further scrutiny,

| E. | whereas the low level of implementation of payments that were adopted in the annual budgetary procedure remains a constant cause for concern, |
| --- | --- |

E.

whereas the low level of implementation of payments that were adopted in the annual budgetary procedure remains a constant cause for concern,

| F. | whereas the two arms of the budgetary authority have come to an agreement on the Budget for 2007, including the level of payments, |
| --- | --- |

F.

whereas the two arms of the budgetary authority have come to an agreement on the Budget for 2007, including the level of payments,

| G. | whereas Amending Budget No 6/2006, due to its effects on the level of payments in the Budget for 2007, has been included in this agreement, |
| --- | --- |

G.

whereas Amending Budget No 6/2006, due to its effects on the level of payments in the Budget for 2007, has been included in this agreement,

| 1. | Reminds the Commission of its responsibility to do its utmost to implement payments as adopted by the budgetary authority within the framework of the annual budgetary procedure; |
| --- | --- |

1.

Reminds the Commission of its responsibility to do its utmost to implement payments as adopted by the budgetary authority within the framework of the annual budgetary procedure;

| 2. | Has decided to accept Council's Draft Amending Budget unamended; |
| --- | --- |

2.

Has decided to accept Council's Draft Amending Budget unamended;

| 3. | Instructs its President to forward this resolution to the Council and Commission. |
| --- | --- |

3.

Instructs its President to forward this resolution to the Council and Commission.

---

(1)  OJ L 248, 16.9.2002, p. 1.

(2)  OJ L 78, 15.3.2006.

(3)  OJ C 172, 18.6.1999, p. 1. Agreement as last amended by Decision 2005/708/EC of the European Parliament and of the Council (OJ L 269, 14.10.2005, p. 24).

P6_TA(2006)0559

Coordination of certain of the Member States' provisions on television broadcasting ***I

European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (COM(2005)0646 — C6-0443/2005 — 2005/0260(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0646) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0646) (1),

| — | having regard to Article 251(2) and Articles 47(2) and 55 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0443/2005), |
| --- | --- |

—

having regard to Article 251(2) and Articles 47(2) and 55 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0443/2005),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Culture and Education and the opinions of the Committee on Economic and Monetary Affairs, the Committee on Industry, Research and Energy, the Committee on the Internal Market and Consumer Protection, the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women's Rights and Gender Equality (A6-0399/2006); |
| --- | --- |

—

having regard to the report of the Committee on Culture and Education and the opinions of the Committee on Economic and Monetary Affairs, the Committee on Industry, Research and Energy, the Committee on the Internal Market and Consumer Protection, the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women's Rights and Gender Equality (A6-0399/2006);

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  Not yet published in OJ.

P6_TC1-COD(2005)0260

Position of the European Parliament adopted at first reading on 13 December 2006 with a view to the adoption of Directive 2007/.../EC of the European Parliament and of the Council amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities

(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 Articles 47(2) and 55 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) | Directive 89/552/EEC (4) coordinates certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of broadcasting activities. However, new technologies in the transmission of audiovisual media services call for the regulatory framework to be adapted to take account
  of the spread of information and communication technologies (ICT) and
  the impact of structural change and technological developments on business models, especially the financing of commercial broadcasting, and to ensure optimal conditions of competitiveness
  and legal certainty
  for Europe's information technologies and its media industries and services,
  as well as respect for cultural and linguistic diversity. The laws, regulations and administrative measures should be as unobtrusive and simple as possible to allow new and existing audiovisual media services to develop and flourish, thus allowing for job creation, economic growth, innovation and cultural diversity to be nurtured. |
| --- | --- |

(1)

Directive 89/552/EEC (4) coordinates certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of broadcasting activities. However, new technologies in the transmission of audiovisual media services call for the regulatory framework to be adapted to take account
  of the spread of information and communication technologies (ICT) and
  the impact of structural change and technological developments on business models, especially the financing of commercial broadcasting, and to ensure optimal conditions of competitiveness
  and legal certainty
  for Europe's information technologies and its media industries and services,
  as well as respect for cultural and linguistic diversity. The laws, regulations and administrative measures should be as unobtrusive and simple as possible to allow new and existing audiovisual media services to develop and flourish, thus allowing for job creation, economic growth, innovation and cultural diversity to be nurtured.

| (2) | The laws, regulations and administrative measures in Member States concerning the pursuit of television broadcasting activities are already coordinated by Directive 89/552/EEC, whereas the rules applicable to activities such as
  on-demand media services are only coordinated in relation to their distribution by Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (5) and in relation to trading by Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market (6) (the Electronic Commerce Directive); the content of the new audiovisual media services is still governed by the legislation of the Member States. Some of these disparities impede
  the free movement of these services within the European Union and may distort competition within the common
  market
  . |
| --- | --- |

(2)

The laws, regulations and administrative measures in Member States concerning the pursuit of television broadcasting activities are already coordinated by Directive 89/552/EEC, whereas the rules applicable to activities such as
  on-demand media services are only coordinated in relation to their distribution by Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (5) and in relation to trading by Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market (6) (the Electronic Commerce Directive); the content of the new audiovisual media services is still governed by the legislation of the Member States. Some of these disparities impede
  the free movement of these services within the European Union and may distort competition within the common
  market
  .

| (3) | Audiovisual media services are as much cultural goods as they are economic goods. Their growing importance
  for societies, democracy —
  in particular by ensuring freedom of information, diversity of opinion and media pluralism
  —
  education
  and culture justifies the application of specific rules to these services,
  and the enforcement of those rules, notably in order to preserve the fundamental rights and freedoms laid down in the Charter of Fundamental Rights of the European Union, the European Convention for Protection of Human Rights and Fundamental Freedoms and the United Nations Covenant on Civil and Political Freedoms, and in order to ensure the protection of minors and vulnerable and disabled people. |
| --- | --- |

(3)

Audiovisual media services are as much cultural goods as they are economic goods. Their growing importance
  for societies, democracy —
  in particular by ensuring freedom of information, diversity of opinion and media pluralism
  —
  education
  and culture justifies the application of specific rules to these services,
  and the enforcement of those rules, notably in order to preserve the fundamental rights and freedoms laid down in the Charter of Fundamental Rights of the European Union, the European Convention for Protection of Human Rights and Fundamental Freedoms and the United Nations Covenant on Civil and Political Freedoms, and in order to ensure the protection of minors and vulnerable and disabled people.

| (4) | In its resolutions of 1 December 2005 on preparations for the Sixth Ministerial Conference of the World Trade Organization in Hong Kong (7) and of 4 April 2006 on the assessment of the Doha Round following the WTO Ministerial Conference in Hong Kong (8), the European Parliament called for basic public services, such as health, education and audiovisual services to be excluded from liberalisation under the GATS negotiations. In its resolution of 27 April 2006 on the proposal for a Council decision on the conclusion of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (9), the European Parliament approved the UNESCO Convention, which states in particular that ‘cultural activities, goods and services have both an economic and a cultural nature, because they convey identities, values and meanings, and must therefore not be treated as solely having commercial value’. |
| --- | --- |

(4)

In its resolutions of 1 December 2005 on preparations for the Sixth Ministerial Conference of the World Trade Organization in Hong Kong (7) and of 4 April 2006 on the assessment of the Doha Round following the WTO Ministerial Conference in Hong Kong (8), the European Parliament called for basic public services, such as health, education and audiovisual services to be excluded from liberalisation under the GATS negotiations. In its resolution of 27 April 2006 on the proposal for a Council decision on the conclusion of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (9), the European Parliament approved the UNESCO Convention, which states in particular that ‘cultural activities, goods and services have both an economic and a cultural nature, because they convey identities, values and meanings, and must therefore not be treated as solely having commercial value’.

| (5) | Media education should serve to provide citizens with the means to bring a critical interpretation to bear on, and use, the ever-expanding volume of information with which they are assailed, as laid down in Council of Europe Recommendation 1466 (2000). Helped by such a learning process, citizens will be in a position to formulate messages and select the media best suited to impart them and thus become able to exercise their right to freedom of information and expression to the full. |
| --- | --- |

(5)

Media education should serve to provide citizens with the means to bring a critical interpretation to bear on, and use, the ever-expanding volume of information with which they are assailed, as laid down in Council of Europe Recommendation 1466 (2000). Helped by such a learning process, citizens will be in a position to formulate messages and select the media best suited to impart them and thus become able to exercise their right to freedom of information and expression to the full.

| (6) | Traditional audiovisual media services,
  such as television
  , and emerging on-demand audiovisual media services offer significant employment opportunities in the European Union, particularly in small and medium-sized enterprises, and stimulate economic growth and investment.
  Bearing in mind the importance of a level playing-field and a true European broadcasting market, the basic principles of the common market, such as competition law and equal treatment, should be respected in order to ensure transparency and predictability in media markets and to achieve low entry barriers. |
| --- | --- |

(6)

Traditional audiovisual media services,
  such as television
  , and emerging on-demand audiovisual media services offer significant employment opportunities in the European Union, particularly in small and medium-sized enterprises, and stimulate economic growth and investment.
  Bearing in mind the importance of a level playing-field and a true European broadcasting market, the basic principles of the common market, such as competition law and equal treatment, should be respected in order to ensure transparency and predictability in media markets and to achieve low entry barriers.

| (7) | Legal uncertainty and a non-level playing field exist for European companies delivering audiovisual media services in terms of the legal regime governing emerging on-demand services. It is therefore necessary,
  in order
  to avoid distortions of
  competition, to
  improve legal certainty,
  to help complete the internal market and to facilitate the emergence of a single information area, for all audiovisual media services, both linear and non-linear, irrespective of whether they are transmitted on the basis of a set programme schedule or on demand, to comply with
  at least a basic tier of coordinated rules
  aimed at guaranteeing, inter alia, a sufficient level of protection of minors, the vulnerable and the disabled and respect for fundamental rights and freedoms . The basic principles of Directive 89/552/EEC, namely the transmitting State principle and common minimum standards, have proved their worth and should therefore be retained. |
| --- | --- |

(7)

Legal uncertainty and a non-level playing field exist for European companies delivering audiovisual media services in terms of the legal regime governing emerging on-demand services. It is therefore necessary,
  in order
  to avoid distortions of
  competition, to
  improve legal certainty,
  to help complete the internal market and to facilitate the emergence of a single information area, for all audiovisual media services, both linear and non-linear, irrespective of whether they are transmitted on the basis of a set programme schedule or on demand, to comply with
  at least a basic tier of coordinated rules
  aimed at guaranteeing, inter alia, a sufficient level of protection of minors, the vulnerable and the disabled and respect for fundamental rights and freedoms . The basic principles of Directive 89/552/EEC, namely the transmitting State principle and common minimum standards, have proved their worth and should therefore be retained.

| (8) | The Commission has adopted a Communication on the future of European regulatory audiovisual policy (10), in which it stresses that audio-visual regulatory policy must safeguard certain public interests, such as cultural diversity, the right to information,
  the need for media pluralism,
  the protection of
  minors, consumer
  protection
  and action to enhance public awareness and media skills and the principle of universal access for all sectors of the public, including the most disadvantaged,
  now and in the future. |
| --- | --- |

(8)

The Commission has adopted a Communication on the future of European regulatory audiovisual policy (10), in which it stresses that audio-visual regulatory policy must safeguard certain public interests, such as cultural diversity, the right to information,
  the need for media pluralism,
  the protection of
  minors, consumer
  protection
  and action to enhance public awareness and media skills and the principle of universal access for all sectors of the public, including the most disadvantaged,
  now and in the future.

| (9) | The co-existence of private and public service broadcasters is of considerable importance in the audiovisual media market, where public service broadcasters may equally benefit from the advantages of the digital economy. |
| --- | --- |

(9)

The co-existence of private and public service broadcasters is of considerable importance in the audiovisual media market, where public service broadcasters may equally benefit from the advantages of the digital economy.

| (10) | The country of origin principle is crucial to the emergence of a pan-European audiovisual market with a strong industry producing European content. Moreover, the principle safeguards the viewer's rights to choose from a wide variety of European programmes. |
| --- | --- |

(10)

The country of origin principle is crucial to the emergence of a pan-European audiovisual market with a strong industry producing European content. Moreover, the principle safeguards the viewer's rights to choose from a wide variety of European programmes.

| (11) | The Commission has adopted the initiative ‘i2010: European Information Society’ (11) to foster growth and jobs in the information society and media industries. The i2010 initiative is a comprehensive strategy designed to encourage
  the production of European content,
  the development of the digital economy and
  the uptake of ICT,
  against the background of the convergence of information and media services, networks and devices, by modernising and deploying all EU policy instruments: regulatory instruments, research and partnerships with industry. The Commission has committed itself to creating a consistent internal market framework for information society
  services
  and media services by modernising the legal framework for audiovisual services, starting with a Commission proposal in 2005 to modernise Directive
  89/552/EEC and transform it into a directive on audiovisual media services. The goal of the i2010 initiative will in principle be achieved by allowing industries to grow with minimal regulation, as well as allowing small start-up businesses, which are the wealth and job creators of the future, to flourish, innovate and create employment in a de-regulated market. |
| --- | --- |

(11)

The Commission has adopted the initiative ‘i2010: European Information Society’ (11) to foster growth and jobs in the information society and media industries. The i2010 initiative is a comprehensive strategy designed to encourage
  the production of European content,
  the development of the digital economy and
  the uptake of ICT,
  against the background of the convergence of information and media services, networks and devices, by modernising and deploying all EU policy instruments: regulatory instruments, research and partnerships with industry. The Commission has committed itself to creating a consistent internal market framework for information society
  services
  and media services by modernising the legal framework for audiovisual services, starting with a Commission proposal in 2005 to modernise Directive
  89/552/EEC and transform it into a directive on audiovisual media services. The goal of the i2010 initiative will in principle be achieved by allowing industries to grow with minimal regulation, as well as allowing small start-up businesses, which are the wealth and job creators of the future, to flourish, innovate and create employment in a de-regulated market.

| (12) | On 6 September 2005, the European Parliament adopted a Resolution on the application of Articles 4 and 5 of Directive 89/552/EEC (‘Television without Frontiers’), as amended by Directive 97/36/EC, for the period 2001-2002 (12). That Resolution —
  like its resolution on Television without Frontiers of 4 September 2003 (13)

  — calls for Directive 89/552/EEC to be adapted to structural changes and technological developments while fully respecting its underlying principles, which remain valid. In addition, in principle it supports the general approach of basic rules for all audiovisual media services and additional rules for linear (‘broadcasting’) services. |
| --- | --- |

(12)

On 6 September 2005, the European Parliament adopted a Resolution on the application of Articles 4 and 5 of Directive 89/552/EEC (‘Television without Frontiers’), as amended by Directive 97/36/EC, for the period 2001-2002 (12). That Resolution —
  like its resolution on Television without Frontiers of 4 September 2003 (13)

  — calls for Directive 89/552/EEC to be adapted to structural changes and technological developments while fully respecting its underlying principles, which remain valid. In addition, in principle it supports the general approach of basic rules for all audiovisual media services and additional rules for linear (‘broadcasting’) services.

| (13) | This Directive enhances compliance with fundamental rights and
  seeks to incorporate the principles, rights and freedoms laid down in
  the Charter of Fundamental Rights of the European Union, in particular Article 11 thereof.
  In this context, Member States should set up one or more independent regulatory authorities, if they have not already done so. Such authorities should act as the guarantors of fundamental rights in the provision of audiovisual media services. Member States may decide whether it is appropriate to have a single regulatory authority for all audiovisual media services or several separate authorities for each category of service, e.g. linear and non-linear. Furthermore,
  this Directive does not in any way prevent Member States from applying their constitutional rules
  or regulatory arrangements
  relating to freedom of the press and freedom of expression in the media. |
| --- | --- |

(13)

This Directive enhances compliance with fundamental rights and
  seeks to incorporate the principles, rights and freedoms laid down in
  the Charter of Fundamental Rights of the European Union, in particular Article 11 thereof.
  In this context, Member States should set up one or more independent regulatory authorities, if they have not already done so. Such authorities should act as the guarantors of fundamental rights in the provision of audiovisual media services. Member States may decide whether it is appropriate to have a single regulatory authority for all audiovisual media services or several separate authorities for each category of service, e.g. linear and non-linear. Furthermore,
  this Directive does not in any way prevent Member States from applying their constitutional rules
  or regulatory arrangements
  relating to freedom of the press and freedom of expression in the media.

| (14) | The requirement that the originating Member State should ensure compliance with its national law as coordinated by this Directive is sufficient under Community law to ensure free movement of audiovisual media services without secondary control on the same grounds in the receiving Member State. However, the receiving Member State may, exceptionally and under specific conditions, derogate from this requirement in the event of serious violations of Articles 3d, 3e, 22(1) and (2) of Directive 89/552/EEC, taking into account the fact that respect for fundamental rights forms an integral part of the general principles of Community law. |
| --- | --- |

(14)

The requirement that the originating Member State should ensure compliance with its national law as coordinated by this Directive is sufficient under Community law to ensure free movement of audiovisual media services without secondary control on the same grounds in the receiving Member State. However, the receiving Member State may, exceptionally and under specific conditions, derogate from this requirement in the event of serious violations of Articles 3d, 3e, 22(1) and (2) of Directive 89/552/EEC, taking into account the fact that respect for fundamental rights forms an integral part of the general principles of Community law.

| (15) | The Framework Directive created a uniform legal framework for all transmission networks and services but,
  according to its Article 1(3), is without prejudice to measures taken at Community or national level, to pursue general interest objectives, in particular relating to content regulation and audiovisual policy
  with a view to separating the regulation of transmission from the regulation of content. |
| --- | --- |

(15)

The Framework Directive created a uniform legal framework for all transmission networks and services but,
  according to its Article 1(3), is without prejudice to measures taken at Community or national level, to pursue general interest objectives, in particular relating to content regulation and audiovisual policy
  with a view to separating the regulation of transmission from the regulation of content.

| (16) | The Electronic Commerce Directive contains no specific substantive provisions governing audiovisual media services and leaves to the Member States the option of derogating from the country of origin principle on specific matters of public policy on a case-by-case basis and in accordance with a notification procedure. By imposing additional minimum standards for non-linear audiovisual media services with a view to the protection of minors and the promotion of cultural diversity, this Directive extends the field of harmonised Community law. To that extent this Directive builds on the Electronic Commerce Directive in those areas to cover a specific subset of non-linear audiovisual services which are of particular importance for society and are characterised by their cultural dimension. For these services the degree of coordination of national rules is higher and the internal market is more complete. |
| --- | --- |

(16)

The Electronic Commerce Directive contains no specific substantive provisions governing audiovisual media services and leaves to the Member States the option of derogating from the country of origin principle on specific matters of public policy on a case-by-case basis and in accordance with a notification procedure. By imposing additional minimum standards for non-linear audiovisual media services with a view to the protection of minors and the promotion of cultural diversity, this Directive extends the field of harmonised Community law. To that extent this Directive builds on the Electronic Commerce Directive in those areas to cover a specific subset of non-linear audiovisual services which are of particular importance for society and are characterised by their cultural dimension. For these services the degree of coordination of national rules is higher and the internal market is more complete.

| (17) | No provision of this Directive should require or encourage Member States to impose new systems of licensing or administrative authorisation on any type of
  audiovisual
  media. |
| --- | --- |

(17)

No provision of this Directive should require or encourage Member States to impose new systems of licensing or administrative authorisation on any type of
  audiovisual
  media.

| (18) | The definition of audiovisual media services covers all audiovisual mass-media services
  the content of which is suitable for television broadcasting irrespective of the delivery platform, whether the editorial approach and responsibility of the provider are reflected in a programme schedule or in a selection catalogue.
  However, its scope is limited to services as defined by the Treaty and therefore covers any form of economic activity, including that of public service enterprises.
  The economic element must be significant to justify the application of this Directive. Economic activities are normally provided for remuneration, intended for a certain period and characterised by a certain continuity; the assessment of the economic element should be subject to the criteria and rules of the country of origin. Accordingly, the definition of audiovisual media services
  does not cover non-economic activities
  which are normally not provided for remuneration, such as weblogs and other user-generated content, or any form of private correspondence, such as e-mails and
  private websites. |
| --- | --- |

(18)

The definition of audiovisual media services covers all audiovisual mass-media services
  the content of which is suitable for television broadcasting irrespective of the delivery platform, whether the editorial approach and responsibility of the provider are reflected in a programme schedule or in a selection catalogue.
  However, its scope is limited to services as defined by the Treaty and therefore covers any form of economic activity, including that of public service enterprises.
  The economic element must be significant to justify the application of this Directive. Economic activities are normally provided for remuneration, intended for a certain period and characterised by a certain continuity; the assessment of the economic element should be subject to the criteria and rules of the country of origin. Accordingly, the definition of audiovisual media services
  does not cover non-economic activities
  which are normally not provided for remuneration, such as weblogs and other user-generated content, or any form of private correspondence, such as e-mails and
  private websites.

| (19) | The definition of audiovisual media services covers mass media
  over which editorial responsibility is exercised
  in their function to inform, entertain and educate
  the general public, and includes audiovisual commercial communications,
  but excludes any form of private correspondence, such as e-mails sent to a limited number of recipients. The definition also excludes all services
  whose principal purpose is not
  the distribution of audiovisual content, i.e. where any audiovisual content is merely incidental to the service. Examples include websites that contain audiovisual elements only in an ancillary manner, such as animated graphical elements, small advertising spots or information related to a product or non-audiovisual service.
  Moreover, in accordance with the Electronic Commerce Directive, it excludes games of chance involving a stake representing a sum of money, including lotteries and betting, provided that their main purpose is not that of distributing audiovisual content. Further examples are online games and search engines, as long as their principal purpose is not the distribution of audiovisual content. |
| --- | --- |

(19)

The definition of audiovisual media services covers mass media
  over which editorial responsibility is exercised
  in their function to inform, entertain and educate
  the general public, and includes audiovisual commercial communications,
  but excludes any form of private correspondence, such as e-mails sent to a limited number of recipients. The definition also excludes all services
  whose principal purpose is not
  the distribution of audiovisual content, i.e. where any audiovisual content is merely incidental to the service. Examples include websites that contain audiovisual elements only in an ancillary manner, such as animated graphical elements, small advertising spots or information related to a product or non-audiovisual service.
  Moreover, in accordance with the Electronic Commerce Directive, it excludes games of chance involving a stake representing a sum of money, including lotteries and betting, provided that their main purpose is not that of distributing audiovisual content. Further examples are online games and search engines, as long as their principal purpose is not the distribution of audiovisual content.

| (20) | Television broadcasting services, i.e. linear services, currently include in particular analogue and digital television, live webstreaming, webcasting and near-video-on-demand, whereas video-on-demand, for example, is one of the on-demand, i.e. non-linear services. For linear audiovisual media services or television broadcasting services which are also offered on a live or deferred basis as non-linear services by the same media service provider, the requirements of this Directive are deemed to apply only to the linear transmission. However, where different kinds of services are offered in parallel, without one part being clearly subordinate to another, this Directive should nevertheless apply to those distinguishable parts of the service which fulfil all the criteria of an audiovisual media service. |
| --- | --- |

(20)

Television broadcasting services, i.e. linear services, currently include in particular analogue and digital television, live webstreaming, webcasting and near-video-on-demand, whereas video-on-demand, for example, is one of the on-demand, i.e. non-linear services. For linear audiovisual media services or television broadcasting services which are also offered on a live or deferred basis as non-linear services by the same media service provider, the requirements of this Directive are deemed to apply only to the linear transmission. However, where different kinds of services are offered in parallel, without one part being clearly subordinate to another, this Directive should nevertheless apply to those distinguishable parts of the service which fulfil all the criteria of an audiovisual media service.

| (21) | The definitions in this Directive, in particular the definitions of television broadcasting, linear and non-linear services, are laid down purely for the purposes of this Directive and Directive 89/552/EEC and do not affect the underlying rights protected by copyright and neighbouring rights legislation. The scope and regime of such rights are not prejudiced by those definitions and continue to be regulated independently by the relevant legislation. |
| --- | --- |

(21)

The definitions in this Directive, in particular the definitions of television broadcasting, linear and non-linear services, are laid down purely for the purposes of this Directive and Directive 89/552/EEC and do not affect the underlying rights protected by copyright and neighbouring rights legislation. The scope and regime of such rights are not prejudiced by those definitions and continue to be regulated independently by the relevant legislation.

| (22) | This Directive does not cover electronic versions of newspapers and magazines. |
| --- | --- |

(22)

This Directive does not cover electronic versions of newspapers and magazines.

| (23) | For the purposes of this Directive, the
  term ‘audiovisual’ refers to moving images with or without sound, and therefore includes silent films but excludes audio transmission or radio services. |
| --- | --- |

(23)

For the purposes of this Directive, the
  term ‘audiovisual’ refers to moving images with or without sound, and therefore includes silent films but excludes audio transmission or radio services.

| (24) | An audiovisual media service consists of programmes, i.e. a discrete succession of moving images with or without sound which are subject to editorial responsibility and are either transmitted by a media service provider in accordance with a set time schedule or arranged in the form of a catalogue. |
| --- | --- |

(24)

An audiovisual media service consists of programmes, i.e. a discrete succession of moving images with or without sound which are subject to editorial responsibility and are either transmitted by a media service provider in accordance with a set time schedule or arranged in the form of a catalogue.

| (25) | The notion of editorial responsibility is essential for defining the role of the media service provider and accordingly for defining audiovisual media services.
  ‘Editorial responsibility’ means responsibility for the selection and organisation, in a professional capacity, of the content of an audiovisual offer. It may be exercised over an individual content or a collection of contents. Such editorial responsibility applies to the composition of the schedule, in the case of television programmes, or to the programme listing, in the case of non-linear services.
  This Directive is without prejudice to the liability exemptions established in the Electronic Commerce Directive. |
| --- | --- |

(25)

The notion of editorial responsibility is essential for defining the role of the media service provider and accordingly for defining audiovisual media services.
  ‘Editorial responsibility’ means responsibility for the selection and organisation, in a professional capacity, of the content of an audiovisual offer. It may be exercised over an individual content or a collection of contents. Such editorial responsibility applies to the composition of the schedule, in the case of television programmes, or to the programme listing, in the case of non-linear services.
  This Directive is without prejudice to the liability exemptions established in the Electronic Commerce Directive.

| (26) | The mere technical delivery, by terrestrial means or by satellite, of an audiovisual media service does not in itself confer the status of a media service provider within the meaning of this Directive; the same principle applies where a selection decision is made, provided that a third party under the jurisdiction of a Member State clearly bears that editorial responsibility. |
| --- | --- |

(26)

The mere technical delivery, by terrestrial means or by satellite, of an audiovisual media service does not in itself confer the status of a media service provider within the meaning of this Directive; the same principle applies where a selection decision is made, provided that a third party under the jurisdiction of a Member State clearly bears that editorial responsibility.

| (27) | The criteria laid down in the definition of audiovisual media services, as set out in Article 1(a) of Directive 89/552/EEC and expanded in Recitals 18 to 26 to this Directive, must be fulfilled simultaneously. |
| --- | --- |

(27)

The criteria laid down in the definition of audiovisual media services, as set out in Article 1(a) of Directive 89/552/EEC and expanded in Recitals 18 to 26 to this Directive, must be fulfilled simultaneously.

| (28) | In addition to advertising and teleshopping, the wider definition of audiovisual commercial communication is introduced. It comprises moving images with or without sound which
  are transmitted as part of an audiovisual media service and form part of or accompany programmes
  and are designed to promote, directly or indirectly, the goods, services or image or a natural or legal person pursuing an economic activity and therefore it does not include public service announcements or charity appeals broadcast free of charge. |
| --- | --- |

(28)

In addition to advertising and teleshopping, the wider definition of audiovisual commercial communication is introduced. It comprises moving images with or without sound which
  are transmitted as part of an audiovisual media service and form part of or accompany programmes
  and are designed to promote, directly or indirectly, the goods, services or image or a natural or legal person pursuing an economic activity and therefore it does not include public service announcements or charity appeals broadcast free of charge.

| (29) | The country of origin principle remains the core of Directive 89/552/EEC, as it is essential for the creation of an internal market. This principle must therefore be applied to all audiovisual media services in order to ensure legal certainty for media service providers as the necessary basis for new business models and the deployment of such services. It is also essential in order to ensure the free flow of information and audiovisual programmes in the internal market.
  The application of this principle cannot exclude consideration of the criteria of the origin of the resources of a service with a view to ensuring the conditions for fair competition. |
| --- | --- |

(29)

The country of origin principle remains the core of Directive 89/552/EEC, as it is essential for the creation of an internal market. This principle must therefore be applied to all audiovisual media services in order to ensure legal certainty for media service providers as the necessary basis for new business models and the deployment of such services. It is also essential in order to ensure the free flow of information and audiovisual programmes in the internal market.
  The application of this principle cannot exclude consideration of the criteria of the origin of the resources of a service with a view to ensuring the conditions for fair competition.

| (30) | To promote a strong, competitive and integrated European audiovisual industry and enhance media pluralism throughout the European Union, it remains essential that only one Member State should have jurisdiction over an audiovisual media service provider and that pluralism of information should be a fundamental principle of the European Union. |
| --- | --- |

(30)

To promote a strong, competitive and integrated European audiovisual industry and enhance media pluralism throughout the European Union, it remains essential that only one Member State should have jurisdiction over an audiovisual media service provider and that pluralism of information should be a fundamental principle of the European Union.

| (31) | It is therefore essential that the Member States prevent the emergence of dominant positions that would lead to a reduction in pluralism and restrictions on freedom of media information as well as on the information sector as a whole, for instance by taking measures to secure non-discriminatory access to audiovisual media service offerings in the public interest, e.g. through must-carry rules. |
| --- | --- |

(31)

It is therefore essential that the Member States prevent the emergence of dominant positions that would lead to a reduction in pluralism and restrictions on freedom of media information as well as on the information sector as a whole, for instance by taking measures to secure non-discriminatory access to audiovisual media service offerings in the public interest, e.g. through must-carry rules.

| (32) | Technological developments, especially with regard to digital satellite programmes, mean that subsidiary criteria need to be adapted in order to ensure suitable regulation and effective implementation and to give players genuine power over the content of an audiovisual
  media
  service. |
| --- | --- |

(32)

Technological developments, especially with regard to digital satellite programmes, mean that subsidiary criteria need to be adapted in order to ensure suitable regulation and effective implementation and to give players genuine power over the content of an audiovisual
  media
  service.

| (33) | As this Directive concerns services offered to the general public in the European Union, it should apply only to audiovisual media services that can be received directly or indirectly by the public in one or more Member States with standard consumer equipment. The definition of ‘standard consumer equipment’ should be left to the competent national authorities. |
| --- | --- |

(33)

As this Directive concerns services offered to the general public in the European Union, it should apply only to audiovisual media services that can be received directly or indirectly by the public in one or more Member States with standard consumer equipment. The definition of ‘standard consumer equipment’ should be left to the competent national authorities.

| (34) | Articles 43 to 48 of the Treaty lay down the fundamental right to freedom of establishment. Therefore, audiovisual media service providers are in general free to choose the Member State where they are established. The Court of Justice of the European Communities (ECJ) has also emphasised that ‘the Treaty does not prohibit an undertaking from exercising the freedom to provide services if it does not offer services in the Member State in which it is established’ (14). |
| --- | --- |

(34)

Articles 43 to 48 of the Treaty lay down the fundamental right to freedom of establishment. Therefore, audiovisual media service providers are in general free to choose the Member State where they are established. The Court of Justice of the European Communities (ECJ) has also emphasised that ‘the Treaty does not prohibit an undertaking from exercising the freedom to provide services if it does not offer services in the Member State in which it is established’ (14).

| (35) | Member States must be free to apply stricter rules in the fields coordinated by this Directive to media service providers under their jurisdiction,
  while ensuring that those rules are consistent with Community competition law
  . To ensure that such rules are not circumvented, the codification of the case law of the ECJ
   (15), combined with a more efficient procedure, is an appropriate solution that takes account of Member State concerns without calling into question the proper application of the country of origin principle. |
| --- | --- |

(35)

Member States must be free to apply stricter rules in the fields coordinated by this Directive to media service providers under their jurisdiction,
  while ensuring that those rules are consistent with Community competition law
  . To ensure that such rules are not circumvented, the codification of the case law of the ECJ
   (15), combined with a more efficient procedure, is an appropriate solution that takes account of Member State concerns without calling into question the proper application of the country of origin principle.

| (36) | In order for a Member State to prove on a case-by-case basis that a media service provider established in another Member State is circumventing its rules, that Member State may cite indicators such as the origin of the advertising and/or subscription revenues, the main language of the service or the existence of programmes or commercial communications targeted specifically at the public in the Member State where they are received. |
| --- | --- |

(36)

In order for a Member State to prove on a case-by-case basis that a media service provider established in another Member State is circumventing its rules, that Member State may cite indicators such as the origin of the advertising and/or subscription revenues, the main language of the service or the existence of programmes or commercial communications targeted specifically at the public in the Member State where they are received.

| (37) | Under this Directive, notwithstanding the application of the country of origin principle, Member States may nevertheless take measures that restrict the freedom of movement of television broadcasting
  or non-linear audiovisual media services
  , but only under certain conditions listed in Article 2a of Directive 89/552/EEC and following the procedure laid down in that Directive. However, the ECJ has consistently held that any restriction of the freedom to provide services, such as any derogation from a fundamental principle of the Treaty, must be interpreted restrictively (16).
  Particular consideration should also be given to the protection of minors and health, but nevertheless the prior control of ideas or opinions should not be permitted under any circumstances. With respect to non-linear audiovisual services, the possibility of a Member State taking measures under Article 2a of Directive 89/552/EEC replaces the possible measures which could have been taken by that Member State as set out in Article 3(4) and/or Article 12 (3) of the Electronic Commerce Directive within the fields coordinated by Articles 3d and 3e of Directive 89/552/EEC. |
| --- | --- |

(37)

Under this Directive, notwithstanding the application of the country of origin principle, Member States may nevertheless take measures that restrict the freedom of movement of television broadcasting
  or non-linear audiovisual media services
  , but only under certain conditions listed in Article 2a of Directive 89/552/EEC and following the procedure laid down in that Directive. However, the ECJ has consistently held that any restriction of the freedom to provide services, such as any derogation from a fundamental principle of the Treaty, must be interpreted restrictively (16).
  Particular consideration should also be given to the protection of minors and health, but nevertheless the prior control of ideas or opinions should not be permitted under any circumstances. With respect to non-linear audiovisual services, the possibility of a Member State taking measures under Article 2a of Directive 89/552/EEC replaces the possible measures which could have been taken by that Member State as set out in Article 3(4) and/or Article 12 (3) of the Electronic Commerce Directive within the fields coordinated by Articles 3d and 3e of Directive 89/552/EEC.

| (38) | In its Communication to the Council and the European Parliament on Better Regulation for Growth and Jobs in the European Union (17), the Commission stressed that a careful analysis of the appropriate regulatory approach, in particular whether legislation is preferable for the relevant sector and problem, or whether alternatives such as co-regulation or self regulation should be considered.
  Furthermore
  , experience has shown that
  both
  co- and self-regulation instruments implemented in accordance with the different legal traditions of Member States can play an important role in delivering a high level of consumer protection.
  Measures aimed at achieving public interest objectives in the emerging audiovisual media services sector will be more effective if they are taken with the active support of the service providers themselves. Thus self-regulation constitutes a type of voluntary initiative, which enables economic operators, social partners, non-governmental organisations or associations to adopt common guidelines amongst themselves and for themselves. Member States should, in accordance with their different legal traditions, recognise the effective role which effective self-regulation can play as a complement to the legislation and judicial and/or administrative mechanisms in place and its useful contribution to the achievement of the objectives of this Directive. However, while self-regulation might be a complementary method of implementing certain provisions of this Directive, it cannot constitute a substitute for the obligation of the national legislator. Co-regulation gives, in its minimal form, a ‘legal link’ between self-regulation and the national legislator in accordance with the legal traditions of the Member States. |
| --- | --- |

(38)

In its Communication to the Council and the European Parliament on Better Regulation for Growth and Jobs in the European Union (17), the Commission stressed that a careful analysis of the appropriate regulatory approach, in particular whether legislation is preferable for the relevant sector and problem, or whether alternatives such as co-regulation or self regulation should be considered.
  Furthermore
  , experience has shown that
  both
  co- and self-regulation instruments implemented in accordance with the different legal traditions of Member States can play an important role in delivering a high level of consumer protection.
  Measures aimed at achieving public interest objectives in the emerging audiovisual media services sector will be more effective if they are taken with the active support of the service providers themselves. Thus self-regulation constitutes a type of voluntary initiative, which enables economic operators, social partners, non-governmental organisations or associations to adopt common guidelines amongst themselves and for themselves. Member States should, in accordance with their different legal traditions, recognise the effective role which effective self-regulation can play as a complement to the legislation and judicial and/or administrative mechanisms in place and its useful contribution to the achievement of the objectives of this Directive. However, while self-regulation might be a complementary method of implementing certain provisions of this Directive, it cannot constitute a substitute for the obligation of the national legislator. Co-regulation gives, in its minimal form, a ‘legal link’ between self-regulation and the national legislator in accordance with the legal traditions of the Member States.

| (39) | The generic term ‘co-regulation’ covers regulatory instruments which are based on cooperation between State bodies and self-regulating bodies, and vary widely in terms of their designations and structures at national level. The actual form which such instruments take reflects the specific tradition of media regulation in the individual Member States. What co-regulation systems have in common is that tasks and objectives which were originally the preserve of the State are achieved in cooperation with the players affected by regulation. It is for the participants themselves, designated or authorised by the State, to guarantee the achievement of the regulatory objective. In every case the systems are founded on a State legal framework which lays down instructions as to content, organisation and procedures. On this basis, the interested parties create further criteria, rules and instruments, compliance with which they themselves monitor. Self-regulation as thus defined enables specialist knowledge to be exploited directly for administrative tasks, and bureaucratic procedures to be avoided. It is necessary for all, or at least the most influential, players to participate in or recognise the system. Co-regulation operates by combining instructions to the interested parties with opportunities for State intervention should those instructions not be carried out. |
| --- | --- |

(39)

The generic term ‘co-regulation’ covers regulatory instruments which are based on cooperation between State bodies and self-regulating bodies, and vary widely in terms of their designations and structures at national level. The actual form which such instruments take reflects the specific tradition of media regulation in the individual Member States. What co-regulation systems have in common is that tasks and objectives which were originally the preserve of the State are achieved in cooperation with the players affected by regulation. It is for the participants themselves, designated or authorised by the State, to guarantee the achievement of the regulatory objective. In every case the systems are founded on a State legal framework which lays down instructions as to content, organisation and procedures. On this basis, the interested parties create further criteria, rules and instruments, compliance with which they themselves monitor. Self-regulation as thus defined enables specialist knowledge to be exploited directly for administrative tasks, and bureaucratic procedures to be avoided. It is necessary for all, or at least the most influential, players to participate in or recognise the system. Co-regulation operates by combining instructions to the interested parties with opportunities for State intervention should those instructions not be carried out.

| (40) | Entertainment rights for events of public interest may be acquired by broadcasters on an exclusive basis. However, it is essential to promote pluralism through the diversity of news production and programming across the European Union and to respect the principles recognised by Article 11 of the Charter of Fundamental Rights of the European Union. |
| --- | --- |

(40)

Entertainment rights for events of public interest may be acquired by broadcasters on an exclusive basis. However, it is essential to promote pluralism through the diversity of news production and programming across the European Union and to respect the principles recognised by Article 11 of the Charter of Fundamental Rights of the European Union.

| (41) | Therefore, in order to safeguard the fundamental freedom to receive information and to ensure that the interests of viewers in the European Union are fully and properly protected, those exercising exclusive rights concerning an event of
  high
  public interest
  must
  grant other broadcasters and intermediaries, where they are acting on behalf of broadcasters, the right to use short extracts for the purposes of general news
  programmes
  on fair, reasonable and non-discriminatory terms taking due account of exclusive rights. Such terms should be communicated in a timely manner before the event of public interest takes place to give others sufficient time to exercise such a right. As a general rule, such short extracts should not: exceed 90 seconds;
  be transmitted before the event concludes, or for sports events before the end of a single day's play — whichever is the sooner; be screened later than 36 hours after the event; be used to create a public archive; omit the logo or other identifier of the host broadcaster; or be used in non-linear services other than if offered on a live or deferred basis by the same media service provider. The right to trans-frontier news access should apply only where it is necessary. Accordingly, if another broadcaster in the same Member State has acquired exclusive rights to the event in question, access must be sought from that broadcaster. For pan-European broadcasters, the relevant legislation is that of the Member State in which the event takes place. |
| --- | --- |

(41)

Therefore, in order to safeguard the fundamental freedom to receive information and to ensure that the interests of viewers in the European Union are fully and properly protected, those exercising exclusive rights concerning an event of
  high
  public interest
  must
  grant other broadcasters and intermediaries, where they are acting on behalf of broadcasters, the right to use short extracts for the purposes of general news
  programmes
  on fair, reasonable and non-discriminatory terms taking due account of exclusive rights. Such terms should be communicated in a timely manner before the event of public interest takes place to give others sufficient time to exercise such a right. As a general rule, such short extracts should not: exceed 90 seconds;
  be transmitted before the event concludes, or for sports events before the end of a single day's play — whichever is the sooner; be screened later than 36 hours after the event; be used to create a public archive; omit the logo or other identifier of the host broadcaster; or be used in non-linear services other than if offered on a live or deferred basis by the same media service provider. The right to trans-frontier news access should apply only where it is necessary. Accordingly, if another broadcaster in the same Member State has acquired exclusive rights to the event in question, access must be sought from that broadcaster. For pan-European broadcasters, the relevant legislation is that of the Member State in which the event takes place.

| (42) | Media literacy refers to the skills, knowledge and understanding needed to enable consumers to use the media effectively. Media-literate people will be capable of exercising informed choices; understanding the nature of content and services; taking advantage of the full range of opportunities offered by new communications technologies, and better protecting themselves and their families from harmful or offensive material. It is therefore of crucial importance that Member States and national regulatory authorities actively promote the development of media literacy in all sections of society and that they conduct regular research to monitor it and to inform their approach to content regulation. |
| --- | --- |

(42)

Media literacy refers to the skills, knowledge and understanding needed to enable consumers to use the media effectively. Media-literate people will be capable of exercising informed choices; understanding the nature of content and services; taking advantage of the full range of opportunities offered by new communications technologies, and better protecting themselves and their families from harmful or offensive material. It is therefore of crucial importance that Member States and national regulatory authorities actively promote the development of media literacy in all sections of society and that they conduct regular research to monitor it and to inform their approach to content regulation.

| (43) | Non-linear services differ from linear services in terms of the choice and control which the user can exercise and with regard to the impact which they have on society (18). Such difference justifies imposing lighter regulation on non-linear services, which have to comply only with the basic rules provided for in Articles 3c to 3h of Directive 89/552/EEC. |
| --- | --- |

(43)

Non-linear services differ from linear services in terms of the choice and control which the user can exercise and with regard to the impact which they have on society (18). Such difference justifies imposing lighter regulation on non-linear services, which have to comply only with the basic rules provided for in Articles 3c to 3h of Directive 89/552/EEC.

| (44) | Because of the specific nature of audiovisual media services, especially their impact on the way in which people form their opinions, it is essential for users to know exactly who is responsible for the content of the services. It is therefore important for Member States to ensure that
  users have access to information about the ways in which
  editorial responsibility for the content
  is exercised and by whom.
  It is for each Member State to decide the practical details as to how this objective can be achieved without prejudice to any other relevant provisions of Community law. |
| --- | --- |

(44)

Because of the specific nature of audiovisual media services, especially their impact on the way in which people form their opinions, it is essential for users to know exactly who is responsible for the content of the services. It is therefore important for Member States to ensure that
  users have access to information about the ways in which
  editorial responsibility for the content
  is exercised and by whom.
  It is for each Member State to decide the practical details as to how this objective can be achieved without prejudice to any other relevant provisions of Community law.

| (45) | In accordance with the principle of proportionality, the measures provided for in this Directive are strictly limited to the minimum needed to achieve the objective of the proper functioning of the internal market. Where action at Community level is necessary, and in order to guarantee an area which is truly without internal frontiers as far as audiovisual media services are concerned,
  Directive 89/552/EEC
  must
  promote
  a high level of protection of objectives of general interest, in particular the protection of minors,
  the rights of persons with disabilities
  and human dignity. |
| --- | --- |

(45)

In accordance with the principle of proportionality, the measures provided for in this Directive are strictly limited to the minimum needed to achieve the objective of the proper functioning of the internal market. Where action at Community level is necessary, and in order to guarantee an area which is truly without internal frontiers as far as audiovisual media services are concerned,
  Directive 89/552/EEC
  must
  promote
  a high level of protection of objectives of general interest, in particular the protection of minors,
  the rights of persons with disabilities
  and human dignity.

| (46) | Harmful content and conduct in audiovisual media services continue to be a concern for law-makers, industry and parents.
  In this regard it would seem necessary to educate not only children, but also their parents, teachers and educators, to make the best use of all the communications media, particularly audiovisual media services, however they may be delivered.
  It is therefore necessary to introduce rules to protect the physical, mental and moral development of minors as well as human dignity in all audiovisual media services and in audiovisual commercial communication,
  advertising, telesales, sponsorship, product placement and any other technically feasible means of communication. |
| --- | --- |

(46)

Harmful content and conduct in audiovisual media services continue to be a concern for law-makers, industry and parents.
  In this regard it would seem necessary to educate not only children, but also their parents, teachers and educators, to make the best use of all the communications media, particularly audiovisual media services, however they may be delivered.
  It is therefore necessary to introduce rules to protect the physical, mental and moral development of minors as well as human dignity in all audiovisual media services and in audiovisual commercial communication,
  advertising, telesales, sponsorship, product placement and any other technically feasible means of communication.

| (47) | Member States should ensure that their respective national curricula and further education courses provide for a critical appreciation of the media. |
| --- | --- |

(47)

Member States should ensure that their respective national curricula and further education courses provide for a critical appreciation of the media.

| (48) | Measures taken to protect minors and human dignity must be carefully balanced with the fundamental right to freedom of expression as laid down in the Charter on Fundamental Rights of the European Union. The aim of these measures should
  however
  be to ensure an adequate level of protection of minors
  and human dignity
  , especially with regard to non-linear services,
  by means of an obligation to draw attention clearly to the specific nature of certain programmes before they are transmitted and in accordance both with Article 1 of the Charter of Fundamental Rights of the European Union, recognising that human dignity is inviolable and must be respected and protected, and with Article 24 of that Charter, which states that children shall have the right to such protection and care as is necessary for their well-being, and that in all actions relating to children, whether taken by public authorities or private institutions, the child's best interests must be a primary consideration. |
| --- | --- |

(48)

Measures taken to protect minors and human dignity must be carefully balanced with the fundamental right to freedom of expression as laid down in the Charter on Fundamental Rights of the European Union. The aim of these measures should
  however
  be to ensure an adequate level of protection of minors
  and human dignity
  , especially with regard to non-linear services,
  by means of an obligation to draw attention clearly to the specific nature of certain programmes before they are transmitted and in accordance both with Article 1 of the Charter of Fundamental Rights of the European Union, recognising that human dignity is inviolable and must be respected and protected, and with Article 24 of that Charter, which states that children shall have the right to such protection and care as is necessary for their well-being, and that in all actions relating to children, whether taken by public authorities or private institutions, the child's best interests must be a primary consideration.

| (49) | Minors and the vulnerable and disabled, including the mentally disabled, may be particularly undermined and psychically or psychologically upset and disturbed by programmes which feature scenes of verbal, physical or moral violence or by scenes which offend against human dignity, or incite racial hatred or any other form of discrimination. Insofar as one of the objectives of this Directive is to protect such persons in general, Member States are strongly encouraged to remind audiovisual media service providers of this overriding need and to require them to clearly indicate the particular nature of such programmes prior to their being broadcast. |
| --- | --- |

(49)

Minors and the vulnerable and disabled, including the mentally disabled, may be particularly undermined and psychically or psychologically upset and disturbed by programmes which feature scenes of verbal, physical or moral violence or by scenes which offend against human dignity, or incite racial hatred or any other form of discrimination. Insofar as one of the objectives of this Directive is to protect such persons in general, Member States are strongly encouraged to remind audiovisual media service providers of this overriding need and to require them to clearly indicate the particular nature of such programmes prior to their being broadcast.

| (50) | None of the provisions of this Directive that concern the protection of minors and public order necessarily requires that the measures in question be implemented through any prior control of audiovisual media services. |
| --- | --- |

(50)

None of the provisions of this Directive that concern the protection of minors and public order necessarily requires that the measures in question be implemented through any prior control of audiovisual media services.

| (51) | Article 151(4) of the Treaty requires the Community to take cultural aspects into account in its action under other provisions of the Treaty. In particular, the diversity of its cultures
  and languages

  should be respected and promoted

  , and mutual understanding encouraged. |
| --- | --- |

(51)

Article 151(4) of the Treaty requires the Community to take cultural aspects into account in its action under other provisions of the Treaty. In particular, the diversity of its cultures
  and languages

  should be respected and promoted

  , and mutual understanding encouraged.

| (52) | Non-linear audiovisual media services have the potential to partially replace linear services. Accordingly, they should where practicable promote the production and distribution of European works and thus actively contribute to the promotion of cultural diversity.
  Such support for European works might for example take the form of a minimum share of European works proportionate to economic performance, a minimum share of European works in video-on-demand catalogues, or the attractive presentation of European works in electronic programme guides.
  It will be important to regularly re-examine the application of the provisions relating to the promotion of European works by audiovisual media services. Within the framework of the reports referred to in Article 3f(3) of Directive 89/552/EEC, Member States shall also take into account such matters as the financial contribution by such services to the production and rights acquisition of European works; the share of European works in the catalogue of audiovisual media services as well as in the effective users' consumption of European works proposed by such services.
  In those reports, appropriate account should also be taken of the works of independent producers. |
| --- | --- |

(52)

Non-linear audiovisual media services have the potential to partially replace linear services. Accordingly, they should where practicable promote the production and distribution of European works and thus actively contribute to the promotion of cultural diversity.
  Such support for European works might for example take the form of a minimum share of European works proportionate to economic performance, a minimum share of European works in video-on-demand catalogues, or the attractive presentation of European works in electronic programme guides.
  It will be important to regularly re-examine the application of the provisions relating to the promotion of European works by audiovisual media services. Within the framework of the reports referred to in Article 3f(3) of Directive 89/552/EEC, Member States shall also take into account such matters as the financial contribution by such services to the production and rights acquisition of European works; the share of European works in the catalogue of audiovisual media services as well as in the effective users' consumption of European works proposed by such services.
  In those reports, appropriate account should also be taken of the works of independent producers.

| (53) | Persons who merely bundle or transmit audiovisual media services or offer for sale packages of such services, for which they do not have any editorial responsibility, should not be considered as media service providers. Thus, mere bundling, transmission or onward selling of content offers, for which they do not have any editorial responsibility, do not fall within the scope of this Directive. |
| --- | --- |

(53)

Persons who merely bundle or transmit audiovisual media services or offer for sale packages of such services, for which they do not have any editorial responsibility, should not be considered as media service providers. Thus, mere bundling, transmission or onward selling of content offers, for which they do not have any editorial responsibility, do not fall within the scope of this Directive.

| (54) | When implementing the provisions of Article 4 of Directive 89/552/EEC as amended, Member States should
  adopt appropriate measures to encourage
  broadcasters to include an adequate share of co-produced European works or of European works of non-domestic origin. |
| --- | --- |

(54)

When implementing the provisions of Article 4 of Directive 89/552/EEC as amended, Member States should
  adopt appropriate measures to encourage
  broadcasters to include an adequate share of co-produced European works or of European works of non-domestic origin.

| (55) | Media service providers should also include in their services the works of independent producers, while respecting the rights attaching to repeat showings of such works and the fair apportionment of contributors' rights. |
| --- | --- |

(55)

Media service providers should also include in their services the works of independent producers, while respecting the rights attaching to repeat showings of such works and the fair apportionment of contributors' rights.

| (56) | It is important to ensure that cinematographic works are transmitted within periods agreed between rights-holders and audiovisual media service providers. |
| --- | --- |

(56)

It is important to ensure that cinematographic works are transmitted within periods agreed between rights-holders and audiovisual media service providers.

| (57) | The availability of non-linear services increases choice for the consumer.
  Member States should therefore make provision in their national curricula and further education courses for sufficient education in critical use of the media, to avoid the need to introduce detailed rules governing audiovisual commercial communication.
  Detailed rules governing audiovisual commercial communication for non-linear services thus appear neither to be justified nor to make sense from a technical point of view. Nevertheless, all audiovisual commercial communication should respect not only the identification rules but also a basic tier of qualitative rules in order to meet clear public policy objectives. |
| --- | --- |

(57)

The availability of non-linear services increases choice for the consumer.
  Member States should therefore make provision in their national curricula and further education courses for sufficient education in critical use of the media, to avoid the need to introduce detailed rules governing audiovisual commercial communication.
  Detailed rules governing audiovisual commercial communication for non-linear services thus appear neither to be justified nor to make sense from a technical point of view. Nevertheless, all audiovisual commercial communication should respect not only the identification rules but also a basic tier of qualitative rules in order to meet clear public policy objectives.

| (58) | The right of reply is a particularly appropriate legal remedy in the online environment, since it is possible to correct the contested information immediately. However, the right should be exercised within a reasonable period after receipt of the request, at a time and in a form which appears appropriate in view of the particular programme to which the request relates. The reply must in particular be given the same weight as the contested information, so as to reach the same circle of users with the same effects. |
| --- | --- |

(58)

The right of reply is a particularly appropriate legal remedy in the online environment, since it is possible to correct the contested information immediately. However, the right should be exercised within a reasonable period after receipt of the request, at a time and in a form which appears appropriate in view of the particular programme to which the request relates. The reply must in particular be given the same weight as the contested information, so as to reach the same circle of users with the same effects.

| (59) | As has been recognised by the Commission in its interpretative communication on certain aspects of the provisions on televised advertising in the ‘Television without frontiers’ Directive (19), the development of new advertising techniques and marketing innovations has created new effective opportunities for commercial communications in traditional broadcasting services, potentially enabling them to better compete on a level playing field with on-demand innovations. This interpretative communication remains valid to the extent that it refers to provisions of Directive 89/552/EEC that are unaffected by this Directive. |
| --- | --- |

(59)

As has been recognised by the Commission in its interpretative communication on certain aspects of the provisions on televised advertising in the ‘Television without frontiers’ Directive (19), the development of new advertising techniques and marketing innovations has created new effective opportunities for commercial communications in traditional broadcasting services, potentially enabling them to better compete on a level playing field with on-demand innovations. This interpretative communication remains valid to the extent that it refers to provisions of Directive 89/552/EEC that are unaffected by this Directive.

| (60) | Commercial and technological developments give users increased choice and responsibility in their use of audiovisual media services. To remain proportionate with the goals of general interest, regulation must allow a certain degree of flexibility with regard to linear audiovisual media services: the separation principle should be limited to advertising and teleshopping, product placement should be allowed under certain circumstances
  in certain cases determined on the basis of a positive list,
  and some quantitative restrictions should be abolished. However, where product placement is surreptitious, it should be prohibited. The separation principle should not prevent the use of new advertising techniques. |
| --- | --- |

(60)

Commercial and technological developments give users increased choice and responsibility in their use of audiovisual media services. To remain proportionate with the goals of general interest, regulation must allow a certain degree of flexibility with regard to linear audiovisual media services: the separation principle should be limited to advertising and teleshopping, product placement should be allowed under certain circumstances
  in certain cases determined on the basis of a positive list,
  and some quantitative restrictions should be abolished. However, where product placement is surreptitious, it should be prohibited. The separation principle should not prevent the use of new advertising techniques.

| (61) | It is necessary to ensure coherence between this Directive and existing Community law. Accordingly, in the event of conflict between the provisions of this Directive and a provision of another Community act governing specific aspects of access to or exercise of an audiovisual media service activity, the provisions of this Directive should prevail. This Directive consequently complements the Community acquis. Thus, apart
  from the practices that are covered by this Directive, Directive 2005/29/EC (20) applies to unfair commercial practices, such as misleading and aggressive practices occurring in audiovisual media services. Moreover, as Directive 2003/33/EC (21), which prohibits advertising and sponsorship for cigarettes and other tobacco products in printed media, information society services and radio broadcasting, is without prejudice to Directive 89/552/EEC, in view of the special characteristics of audiovisual media services, the relationship between Directive 2003/33/EC and Directive 89/552/EEC should remain the same after the entry into force of this Directive. Article 88(1) of Directive 2001/83/EC (22) which prohibits advertising to the general public of certain medicine products applies, as provided in paragraph 5 of that Article, without prejudice to Article 14 of Directive 89/552/EEC; likewise the relationship between Directive 2001/83/EC and Directive 89/552/EEC should remain the same after the entry into force of this Directive.
  Furthermore, this Directive is without prejudice to Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (23). |
| --- | --- |

(61)

It is necessary to ensure coherence between this Directive and existing Community law. Accordingly, in the event of conflict between the provisions of this Directive and a provision of another Community act governing specific aspects of access to or exercise of an audiovisual media service activity, the provisions of this Directive should prevail. This Directive consequently complements the Community acquis. Thus, apart
  from the practices that are covered by this Directive, Directive 2005/29/EC (20) applies to unfair commercial practices, such as misleading and aggressive practices occurring in audiovisual media services. Moreover, as Directive 2003/33/EC (21), which prohibits advertising and sponsorship for cigarettes and other tobacco products in printed media, information society services and radio broadcasting, is without prejudice to Directive 89/552/EEC, in view of the special characteristics of audiovisual media services, the relationship between Directive 2003/33/EC and Directive 89/552/EEC should remain the same after the entry into force of this Directive. Article 88(1) of Directive 2001/83/EC (22) which prohibits advertising to the general public of certain medicine products applies, as provided in paragraph 5 of that Article, without prejudice to Article 14 of Directive 89/552/EEC; likewise the relationship between Directive 2001/83/EC and Directive 89/552/EEC should remain the same after the entry into force of this Directive.
  Furthermore, this Directive is without prejudice to Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (23).

| (62) | Given the growing use of new technologies such as personal video recorders and the wider choice of channels,
  detailed regulation with regard to the insertion of spot advertising with the aim of protecting viewers is no longer justified.
  This
  Directive gives flexibility to broadcasters with regard to the insertion of such advertising where it does not unduly affect the integrity of programmes. |
| --- | --- |

(62)

Given the growing use of new technologies such as personal video recorders and the wider choice of channels,
  detailed regulation with regard to the insertion of spot advertising with the aim of protecting viewers is no longer justified.
  This
  Directive gives flexibility to broadcasters with regard to the insertion of such advertising where it does not unduly affect the integrity of programmes.

| (63) | This Directive is intended to safeguard the specific character of the European television landscape.
  Advertising and teleshopping spots may be inserted during programmes only in such a way as not to prejudice the integrity and value of the programme, taking into account natural breaks and the duration and nature of the programme, or the rights of the rights-holders. |
| --- | --- |

(63)

This Directive is intended to safeguard the specific character of the European television landscape.
  Advertising and teleshopping spots may be inserted during programmes only in such a way as not to prejudice the integrity and value of the programme, taking into account natural breaks and the duration and nature of the programme, or the rights of the rights-holders.

| (64) | The limitation on the amount of daily advertising was largely theoretical. The hourly limit is more important since it also applies during prime time. Therefore the daily limit should be abolished, while the hourly limit should be maintained for advertising and teleshopping spots; also the quantitative restrictions on the time allowed for teleshopping or advertising channels no longer seem justified given increased consumer choice. However, the limit of 20 % of advertising per clock hour remains applicable, except for more time-consuming forms of advertising such as telepromotions and teleshopping windows that require more time on account of their inherent characteristics and method of presentation (24). |
| --- | --- |

(64)

The limitation on the amount of daily advertising was largely theoretical. The hourly limit is more important since it also applies during prime time. Therefore the daily limit should be abolished, while the hourly limit should be maintained for advertising and teleshopping spots; also the quantitative restrictions on the time allowed for teleshopping or advertising channels no longer seem justified given increased consumer choice. However, the limit of 20 % of advertising per clock hour remains applicable, except for more time-consuming forms of advertising such as telepromotions and teleshopping windows that require more time on account of their inherent characteristics and method of presentation (24).

| (65) | Surreptitious advertising is a practice prohibited by this Directive because of its negative effect on consumers. The prohibition of surreptitious advertising does not cover legitimate product placement within the framework of this Directive. |
| --- | --- |

(65)

Surreptitious advertising is a practice prohibited by this Directive because of its negative effect on consumers. The prohibition of surreptitious advertising does not cover legitimate product placement within the framework of this Directive.

| (66) | Product placement is a reality in cinematographic works and in audiovisual works made for television, but Member States regulate this practice differently. To ensure a level playing field, and thus enhance the competitiveness of the European media industry, it is necessary to adopt rules for product placement.
  It would be useful to have a positive list which authorises product placement in the types of content whose paramount function is not to influence opinion, and in cases in which no — or only negligible — consideration is provided in return.
  The definition of product placement covers any form of audiovisual commercial communication consisting of the inclusion of or reference to a product, a service or the trade mark thereof so that it is featured within a programme, normally in return for payment or for similar consideration. It
  may consist in placing at a person's disposal services or items having a monetary value, for the acquisition of which the recipient would otherwise have had to use his own financial, personal or material resources. Product placement
  is subject to the same qualitative rules and restrictions applying to advertising.
  It should, furthermore, meet specific requirements. The editorial responsibility and independence of the media service provider must not be jeopardised. In particular, the way the product is included in the programme must not create the impression that the product is endorsed by the programme or its presenters. Furthermore, the product must not be given ‘undue prominence’ which means such prominence as is not justified by the editorial requirements of the programme, or the need to lend verisimilitude. Undue prominence may also mean the repeated appearance of the brands, goods or services in question or the manner in which they are given prominence. Account should also be taken of the content of the programme in which they are introduced. |
| --- | --- |

(66)

Product placement is a reality in cinematographic works and in audiovisual works made for television, but Member States regulate this practice differently. To ensure a level playing field, and thus enhance the competitiveness of the European media industry, it is necessary to adopt rules for product placement.
  It would be useful to have a positive list which authorises product placement in the types of content whose paramount function is not to influence opinion, and in cases in which no — or only negligible — consideration is provided in return.
  The definition of product placement covers any form of audiovisual commercial communication consisting of the inclusion of or reference to a product, a service or the trade mark thereof so that it is featured within a programme, normally in return for payment or for similar consideration. It
  may consist in placing at a person's disposal services or items having a monetary value, for the acquisition of which the recipient would otherwise have had to use his own financial, personal or material resources. Product placement
  is subject to the same qualitative rules and restrictions applying to advertising.
  It should, furthermore, meet specific requirements. The editorial responsibility and independence of the media service provider must not be jeopardised. In particular, the way the product is included in the programme must not create the impression that the product is endorsed by the programme or its presenters. Furthermore, the product must not be given ‘undue prominence’ which means such prominence as is not justified by the editorial requirements of the programme, or the need to lend verisimilitude. Undue prominence may also mean the repeated appearance of the brands, goods or services in question or the manner in which they are given prominence. Account should also be taken of the content of the programme in which they are introduced.

| (67) | ‘Production props’ means the mentioning or presentation of goods or services for editorial reasons without payment or similar consideration. In order to draw the distinction between production props and product placement within the meaning of this Directive, the legal framework for the use of production props permitted in all programme formats should be clarified. |
| --- | --- |

(67)

‘Production props’ means the mentioning or presentation of goods or services for editorial reasons without payment or similar consideration. In order to draw the distinction between production props and product placement within the meaning of this Directive, the legal framework for the use of production props permitted in all programme formats should be clarified.

| (68) | ‘Undue prominence’ is given when the repeated representation of the brand, good or service or the nature of its presentation is such as to feature such products to an inordinate extent in the context of production props or product placement, taking account of the content of the programmes in which they appear. |
| --- | --- |

(68)

‘Undue prominence’ is given when the repeated representation of the brand, good or service or the nature of its presentation is such as to feature such products to an inordinate extent in the context of production props or product placement, taking account of the content of the programmes in which they appear.

| (69) | Regulators should be independent from national governments as well as from audiovisual media service providers in order to be able to carry out their work impartially and transparently and to contribute to pluralism. Close cooperation among national regulatory authorities and the Commission is necessary to ensure the correct application of this Directive.
  Similarly close cooperation between Member States and between Member States' regulatory authorities is particularly important with regard to the impact which broadcasters established in one Member State might have in another Member State. Where licensing procedures are provided for in national law and if more than one Member State is involved, it is desirable that contacts between the respective authorities should take place before licences are granted. Such cooperation should cover all the fields coordinated by Directive 89/552/EEC and in particular Articles 2, 2a and 3 thereof. |
| --- | --- |

(69)

Regulators should be independent from national governments as well as from audiovisual media service providers in order to be able to carry out their work impartially and transparently and to contribute to pluralism. Close cooperation among national regulatory authorities and the Commission is necessary to ensure the correct application of this Directive.
  Similarly close cooperation between Member States and between Member States' regulatory authorities is particularly important with regard to the impact which broadcasters established in one Member State might have in another Member State. Where licensing procedures are provided for in national law and if more than one Member State is involved, it is desirable that contacts between the respective authorities should take place before licences are granted. Such cooperation should cover all the fields coordinated by Directive 89/552/EEC and in particular Articles 2, 2a and 3 thereof.

| (70) | Cultural diversity, freedom of expression and pluralism of means of communication are some important aspects of the European audiovisual sector and are therefore indispensable preconditions for democracy and diversity. |
| --- | --- |

(70)

Cultural diversity, freedom of expression and pluralism of means of communication are some important aspects of the European audiovisual sector and are therefore indispensable preconditions for democracy and diversity.

| (71) | The right of persons with disabilities, the elderly and non-EU nationals whose mother-tongue is different from the language of their host country to participate and integrate in the social and cultural life of the community in accordance with Articles 25 and 26 of the Charter of Fundamental Rights of the European Union is inextricably linked with the provision of accessible audiovisual media services. The accessibility of audiovisual media services includes, but is not limited to, sign language, subtitling, audio-description and easily understandable menu navigation, |
| --- | --- |

(71)

The right of persons with disabilities, the elderly and non-EU nationals whose mother-tongue is different from the language of their host country to participate and integrate in the social and cultural life of the community in accordance with Articles 25 and 26 of the Charter of Fundamental Rights of the European Union is inextricably linked with the provision of accessible audiovisual media services. The accessibility of audiovisual media services includes, but is not limited to, sign language, subtitling, audio-description and easily understandable menu navigation,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 89/552/EEC is hereby amended as follows:

| (1) | The title is replaced by the following:
  ‘Directive 2007/.../EC of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)’. |
| --- | --- |

(1)

The title is replaced by the following:

‘Directive 2007/.../EC of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)’.

| (2) | Article 1 is replaced by the following:
  ‘Article 1
  For the purpose of this Directive:






  (a) | “audiovisual media service” means a service as defined by Articles 49 and 50 of the Treaty
  provided under the editorial responsibility of a media service provider
  the principal purpose of which is the provision of
  programmes consisting of
  moving images with or without sound, in order to inform, entertain or educate, to the general public by electronic communications networks within the meaning of Article 2(a) of Directive 2002/21/EC
  and/or of audiovisual commercial communications. It does not include services where the provision of audiovisual content is merely incidental to the service and not its principal purpose, nor does it include the press in printed or electronic form. |
| --- | --- | --- |

(2)

Article 1 is replaced by the following:

‘Article 1

For the purpose of this Directive:

(a)

“audiovisual media service” means a service as defined by Articles 49 and 50 of the Treaty
  provided under the editorial responsibility of a media service provider
  the principal purpose of which is the provision of
  programmes consisting of
  moving images with or without sound, in order to inform, entertain or educate, to the general public by electronic communications networks within the meaning of Article 2(a) of Directive 2002/21/EC
  and/or of audiovisual commercial communications. It does not include services where the provision of audiovisual content is merely incidental to the service and not its principal purpose, nor does it include the press in printed or electronic form.

| (b) | “media service provider” means the natural or legal person who has editorial responsibility for the choice of the audiovisual content of an audiovisual media service and determines the manner in which it is organised.
  It does not include natural or legal persons who merely transmit content for which the editorial responsibility lies with third parties; |
| --- | --- |

(b)

“media service provider” means the natural or legal person who has editorial responsibility for the choice of the audiovisual content of an audiovisual media service and determines the manner in which it is organised.
  It does not include natural or legal persons who merely transmit content for which the editorial responsibility lies with third parties;

| (c) | “television broadcast”
  or “linear service” means an
  audiovisual media service where a
  chronological sequence of programmes is transmitted to an indeterminate number of potential viewers, at a time decided on by the media service provider according to a set programme schedule; |
| --- | --- |

(c)

“television broadcast”
  or “linear service” means an
  audiovisual media service where a
  chronological sequence of programmes is transmitted to an indeterminate number of potential viewers, at a time decided on by the media service provider according to a set programme schedule;

| (d) | “broadcaster” means provider of linear audiovisual media services; |
| --- | --- |

(d)

“broadcaster” means provider of linear audiovisual media services;

| (e) | “on-demand service” or
  “non-linear service” means an audiovisual media service
  consisting of an offer of audiovisual content, edited or compiled by a media service provider, and
  where the user,
  on an individual basis, requests the transmission of a particular programme from a choice of content and at a time of his choice, or which is not covered by the definition of a linear service in point (c); |
| --- | --- |

(e)

“on-demand service” or
  “non-linear service” means an audiovisual media service
  consisting of an offer of audiovisual content, edited or compiled by a media service provider, and
  where the user,
  on an individual basis, requests the transmission of a particular programme from a choice of content and at a time of his choice, or which is not covered by the definition of a linear service in point (c);

| (f) | “audiovisual commercial communication” means moving images with or without sound which
  are transmitted as part of an audiovisual media service or, in cases such as dedicated teleshopping channels, as an audiovisual media service, with the aim of promoting,
  directly or indirectly, the goods, services or image of a natural or legal person pursuing an economic activity; |
| --- | --- |

(f)

“audiovisual commercial communication” means moving images with or without sound which
  are transmitted as part of an audiovisual media service or, in cases such as dedicated teleshopping channels, as an audiovisual media service, with the aim of promoting,
  directly or indirectly, the goods, services or image of a natural or legal person pursuing an economic activity;

| (g) | “television advertising” means any form of announcement broadcast whether in return for payment or for similar consideration or broadcast for self-promotional purposes by a public or private undertaking in connection with a trade, business, craft or profession in order to promote the supply of goods or services, including immovable property, rights and obligations, in return for payment; |
| --- | --- |

(g)

“television advertising” means any form of announcement broadcast whether in return for payment or for similar consideration or broadcast for self-promotional purposes by a public or private undertaking in connection with a trade, business, craft or profession in order to promote the supply of goods or services, including immovable property, rights and obligations, in return for payment;

| (h) | “surreptitious advertising” means the representation in words or pictures of goods, services, the name, the trade mark or the activities of a producer of goods or a provider of services in programmes when such representation is intended by the
  media service provider
  to serve as advertising and might mislead the public as to its nature. Such representation is considered to be intentional in particular if it is done in return for payment or for similar consideration; |
| --- | --- |

(h)

“surreptitious advertising” means the representation in words or pictures of goods, services, the name, the trade mark or the activities of a producer of goods or a provider of services in programmes when such representation is intended by the
  media service provider
  to serve as advertising and might mislead the public as to its nature. Such representation is considered to be intentional in particular if it is done in return for payment or for similar consideration;

| (i) | “product integration” and “thematic placement” mean the intervention in the plot of a film or fictional programme of any undertaking seeking to promote in particular a product, service or brand; |
| --- | --- |

(i)

“product integration” and “thematic placement” mean the intervention in the plot of a film or fictional programme of any undertaking seeking to promote in particular a product, service or brand;

| (j) | “sponsorship” means any contribution made by a public or private undertaking
  or natural person
  not engaged in providing audiovisual media services or in the production of audio-visual works, to the
  direct or indirect
  financing of audiovisual media services, with a view to promoting its name, its trade mark, its image, its activities or its products; |
| --- | --- |

(j)

“sponsorship” means any contribution made by a public or private undertaking
  or natural person
  not engaged in providing audiovisual media services or in the production of audio-visual works, to the
  direct or indirect
  financing of audiovisual media services, with a view to promoting its name, its trade mark, its image, its activities or its products;

| (k) | “telepromotion” means a form of advertising consisting of the display of goods or services or of a spoken or visual presentation of the goods and services of a goods producer or services supplier, transmitted as part of a programme to promote the supply of the goods or services presented or displayed in return for payment; |
| --- | --- |

(k)

“telepromotion” means a form of advertising consisting of the display of goods or services or of a spoken or visual presentation of the goods and services of a goods producer or services supplier, transmitted as part of a programme to promote the supply of the goods or services presented or displayed in return for payment;

| (l) | “teleshopping” means direct offers broadcast to the public with a view to the supply of goods or services, including immovable property, rights and obligations, in return for payment; |
| --- | --- |

(l)

“teleshopping” means direct offers broadcast to the public with a view to the supply of goods or services, including immovable property, rights and obligations, in return for payment;

| (m) | “product placement” means any form of audiovisual commercial communication consisting of the inclusion of or reference to a product, a service or the trade mark thereof so that it is featured within audiovisual media services,
  with or without
  payment or similar consideration
  to the media service provider. It does not include, however, communications resulting from independent editorial decisions to use products, without undue prominence, which are integral to a programme and facilitate its production, such as prizes awarded in programmes, branded merchandising products and incidental objects and props; |
| --- | --- |

(m)

“product placement” means any form of audiovisual commercial communication consisting of the inclusion of or reference to a product, a service or the trade mark thereof so that it is featured within audiovisual media services,
  with or without
  payment or similar consideration
  to the media service provider. It does not include, however, communications resulting from independent editorial decisions to use products, without undue prominence, which are integral to a programme and facilitate its production, such as prizes awarded in programmes, branded merchandising products and incidental objects and props;

| (n) | “production props” means goods or services made available without payment or other consideration and used for editorial reasons; |
| --- | --- |

(n)

“production props” means goods or services made available without payment or other consideration and used for editorial reasons;

| (o) | “programme” means a set of moving images with or without sound constituting an individual item within a schedule or a catalogue established or compiled by a media service provider; |
| --- | --- |

(o)

“programme” means a set of moving images with or without sound constituting an individual item within a schedule or a catalogue established or compiled by a media service provider;

| (p) | “co-regulation” means a form of regulation based on cooperation between public authorities and self-regulating bodies; |
| --- | --- |

(p)

“co-regulation” means a form of regulation based on cooperation between public authorities and self-regulating bodies;

| (q) | “editorial responsibility” means responsibility for the composition of the schedule or the compilation of programmes intended for the general public, in a professional capacity, in order to deliver the media content within a set time frame or to allow it to be ordered from a catalogue.’ |
| --- | --- |

(q)

“editorial responsibility” means responsibility for the composition of the schedule or the compilation of programmes intended for the general public, in a professional capacity, in order to deliver the media content within a set time frame or to allow it to be ordered from a catalogue.’

| (3) | Article 2 is amended as follows:






  (a) | In paragraph 1, the expression ‘television broadcasts transmitted by broadcasters’ is replaced by the expression ‘audiovisual media services transmitted by media service providers’ and the expression ‘broadcasts’ is replaced by the expression ‘audiovisual media services’; |
| --- | --- | --- |

(3)

Article 2 is amended as follows:

(a)

In paragraph 1, the expression ‘television broadcasts transmitted by broadcasters’ is replaced by the expression ‘audiovisual media services transmitted by media service providers’ and the expression ‘broadcasts’ is replaced by the expression ‘audiovisual media services’;

| (b) | In paragraph 2, the word ‘broadcasters’ is replaced by the expression ‘media service providers’; |
| --- | --- |

(b)

In paragraph 2, the word ‘broadcasters’ is replaced by the expression ‘media service providers’;

| (c) | In paragraph 3, the word ‘broadcaster’ is replaced by the expression ‘media service provider’; the expression ‘editorial decision about programme schedules’ is replaced by the expression ‘editorial decision about the audiovisual media service’; the expression ‘television broadcasting activity’ is replaced by the expression ‘audiovisual media service activity’ and the expression ‘where it first began broadcasting’ is replaced by the expression ‘where it first began its activity’, the expression ‘decisions on programme schedules’ is replaced by ‘decisions on audiovisual media service’. |
| --- | --- |

(c)

In paragraph 3, the word ‘broadcaster’ is replaced by the expression ‘media service provider’; the expression ‘editorial decision about programme schedules’ is replaced by the expression ‘editorial decision about the audiovisual media service’; the expression ‘television broadcasting activity’ is replaced by the expression ‘audiovisual media service activity’ and the expression ‘where it first began broadcasting’ is replaced by the expression ‘where it first began its activity’, the expression ‘decisions on programme schedules’ is replaced by ‘decisions on audiovisual media service’.

| (d) | Paragraph 4 is replaced by the following:
  ‘4.   Media service providers to whom the provisions of paragraph 3 are not applicable shall be deemed to be under the jurisdiction of a Member State in the following cases:






  (a) | they use a satellite up-link situated in that Member State; |
| --- | --- | --- |

(d)

Paragraph 4 is replaced by the following:

‘4.   Media service providers to whom the provisions of paragraph 3 are not applicable shall be deemed to be under the jurisdiction of a Member State in the following cases:

(a)

they use a satellite up-link situated in that Member State;

| (b) | although they do not use a satellite up-link situated in a Member State, they use a satellite capacity allocated to that Member State.’ |
| --- | --- |

(b)

although they do not use a satellite up-link situated in a Member State, they use a satellite capacity allocated to that Member State.’

| (e) | In paragraph 5, the word ‘broadcaster’ is replaced by the expression ‘media service provider’ and ‘Article 52’ is replaced by ‘Article 43’. |
| --- | --- |

(e)

In paragraph 5, the word ‘broadcaster’ is replaced by the expression ‘media service provider’ and ‘Article 52’ is replaced by ‘Article 43’.

| (f) | Paragraph 6 is replaced by the following:
  ‘6.   This Directive does not apply to audiovisual media
  services which
  are not received with standard consumer equipment directly or indirectly by the public in one or more Member
  States
  .’ |
| --- | --- |

(f)

Paragraph 6 is replaced by the following:

‘6.   This Directive does not apply to audiovisual media
  services which
  are not received with standard consumer equipment directly or indirectly by the public in one or more Member
  States
  .’

| (4) | Article

  2a is replaced by the following:

  ‘Article 2a

  1.   Member States shall ensure freedom of reception and shall not restrict retransmissions on their territory of audiovisual media services from other Member States for reasons which fall within the fields coordinated by this Directive.


  2.
     
  A Member State may, provisionally, derogate from paragraph 1 if the following conditions are fulfilled:










  (a) | an audiovisual media service originating in another Member State manifestly, seriously and gravely infringes Articles 3d or 3e and/or Article 22(1) or (2); |
| --- | --- | --- |

(4)

Article

  2a is replaced by the following:

‘Article 2a

1.   Member States shall ensure freedom of reception and shall not restrict retransmissions on their territory of audiovisual media services from other Member States for reasons which fall within the fields coordinated by this Directive.

2.
     
  A Member State may, provisionally, derogate from paragraph 1 if the following conditions are fulfilled:

(a)

an audiovisual media service originating in another Member State manifestly, seriously and gravely infringes Articles 3d or 3e and/or Article 22(1) or (2);

| (b) | during the preceding twelve months, the provider of the audiovisual media service concerned has infringed the provision(s) referred to in point (a) on at least two prior occasions; |
| --- | --- |

(b)

during the preceding twelve months, the provider of the audiovisual media service concerned has infringed the provision(s) referred to in point (a) on at least two prior occasions;

| (c) | the Member State concerned has notified the media service provider, the Member State in which it is established and the Commission in writing of the alleged infringements and of the measures which it intends to take should any such infringement be repeated; |
| --- | --- |

(c)

the Member State concerned has notified the media service provider, the Member State in which it is established and the Commission in writing of the alleged infringements and of the measures which it intends to take should any such infringement be repeated;

| (d) | consultations with the Member State in which the media service provider concerned is established and the Commission have not resulted in a friendly settlement within 15 days of the notification provided for in point (c), and the alleged infringement is repeated. |
| --- | --- |

(d)

consultations with the Member State in which the media service provider concerned is established and the Commission have not resulted in a friendly settlement within 15 days of the notification provided for in point (c), and the alleged infringement is repeated.

3.
     
  In respect of on-demand services, a Member State may, in urgent cases, provisionally take measures to derogate from paragraph 1 without fulfilling the conditions set out in points (b), (c) and (d) of paragraph 2. If it does so, the measures shall be notified in the shortest possible time to the Commission and to the Member State in which the media service provider is established, with an indication of the reasons for which the first Member State considers that the case is urgent.

4.
     
  The Commission shall, within two months following notification of the measures taken by the Member State concerned, decide whether the measures are compatible with Community law. If it decides that they are not, that Member State shall be required to withdraw the measures in question as a matter of urgency.

5.
     
  Paragraph 2 shall be without prejudice to the application of any procedure, remedy or sanction applicable to the infringements in question in the Member State which has jurisdiction over the media service provider concerned.’

| (5) | Article 3 is replaced by the following:
  ‘Article 3
  1.   Member States shall remain free to require media service providers under their jurisdiction to comply with more detailed or stricter rules in the areas covered by this Directive,
  provided that such rules comply with Community law and do not distort competition.




  2.
     
  In cases where a Member State:










  (a) | has exercised its freedom under paragraph 1 to adopt more detailed or stricter rules; and |
| --- | --- | --- |

(5)

Article 3 is replaced by the following:

‘Article 3

1.   Member States shall remain free to require media service providers under their jurisdiction to comply with more detailed or stricter rules in the areas covered by this Directive,
  provided that such rules comply with Community law and do not distort competition.

2.
     
  In cases where a Member State:

(a)

has exercised its freedom under paragraph 1 to adopt more detailed or stricter rules; and

| (b) | where such rules are justified on the grounds of public policy, including the protection of minors or public security or public health or the protection of cultural diversity; and |
| --- | --- |

(b)

where such rules are justified on the grounds of public policy, including the protection of minors or public security or public health or the protection of cultural diversity; and

| (c) | that Member State considers that a broadcaster under the jurisdiction of another Member State has taken advantage of this Directive in an abusive or fraudulent manner in order to circumvent such rules, |
| --- | --- |

(c)

that Member State considers that a broadcaster under the jurisdiction of another Member State has taken advantage of this Directive in an abusive or fraudulent manner in order to circumvent such rules,

it may contact the Member State having jurisdiction with a view to achieving a mutually satisfactory solution to any problems posed. On receipt of a substantiated request by the first Member State, the Member State having jurisdiction shall request the broadcaster to comply with the rules in question. The Member State with jurisdiction shall inform the first Member State of the results obtained within two months of the request.

3.
     
  Where the first Member State considers:

| (a) | that the results achieved through the application of paragraph 1a are not satisfactory; and |
| --- | --- |

(a)

that the results achieved through the application of paragraph 1a are not satisfactory; and

| (b) | that the media service provider concerned has established itself in the Member State having jurisdiction solely in order to avoid the stricter rules in the fields coordinated by this Directive to which it would be subject if it were established in the first Member State, |
| --- | --- |

(b)

that the media service provider concerned has established itself in the Member State having jurisdiction solely in order to avoid the stricter rules in the fields coordinated by this Directive to which it would be subject if it were established in the first Member State,

it may adopt appropriate measures against the media service provider concerned, in order to prevent abuse or fraudulent conduct.

Such measures shall be objectively necessary, applied in a non-discriminatory manner, be appropriate for attaining the objectives which they pursue and may not go beyond what is necessary to attain them.

4.
     
  A Member State may take measures pursuant to paragraph 3 only if all of the following conditions are met:

| (a) | it has notified the Commission and the Member State in which the media service provider is established of its intention to take such measures, while substantiating the grounds on which it proposes to adopt the measures, and |
| --- | --- |

(a)

it has notified the Commission and the Member State in which the media service provider is established of its intention to take such measures, while substantiating the grounds on which it proposes to adopt the measures, and

| (b) | the Commission decides that the measures are compatible with Community law, and in particular that the reasons for which that Member State proposes to take the measures under paragraphs 2 and 3 are well-founded. |
| --- | --- |

(b)

the Commission decides that the measures are compatible with Community law, and in particular that the reasons for which that Member State proposes to take the measures under paragraphs 2 and 3 are well-founded.

5.
     
  The Commission shall takes its decision within three months following notification under paragraph 4(a). If the Commission decides that the measures are incompatible with Community law, the Member State in question shall refrain from taking the proposed measures.

6.   Member States shall, by appropriate means, ensure, within the framework of their legislation, that media service providers under their jurisdiction effectively comply with the provisions of this Directive.

7.   Member States shall encourage
  self- and/or
  co-regulatory regimes
  at national level
  in the fields coordinated by this Directive. These regimes shall be such that they are broadly accepted by the main stakeholders
  in the Member State concerned
  and provide for effective enforcement.

8.
     
  If the provisions of this Directive conflict with a provision of another Community act governing aspects of access to an activity relating to audiovisual media services, or the exercise of that activity, the provisions of this Directive shall prevail.

9.
     
  Member States shall, by appropriate means, promote the development of media literacy amongst consumers.’

| (6) | The following Articles 3b
  to 3l
  are inserted:
  ‘Article 3b
  1.   
  Pursuant to the principle of freedom of access to information as enshrined, in particular, in Article 11 of the Charter of Fundamental Rights of the European Union, and without prejudice to existing contractual agreements between broadcasters and without undermining exclusive rights, each
  Member
  State
  shall ensure that, for the purposes of short news reports,
  including reports intended for pan-European broadcasts,
  broadcasters established in other Member States are not deprived of access on a fair, reasonable and non-discriminatory basis to events of high interest to the public which are transmitted by a broadcaster under their jurisdiction.
  The broadcaster granting such access shall be entitled to appropriate compensation for the technical costs incurred.


  2.   
  Broadcasters
  may freely
  choose short extracts
  from the transmitting broadcaster's signal with at least the identification of their source.
  Such extracts shall be used exclusively for general news programmes.




  3.
     
  The provisions of this Article shall be without prejudice to the obligation of individual broadcasters to comply with copyright legislation, including Directive 2001/29/EC (25), and/or the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, Rome, 26 October 1961, and the Berne Convention for the Protection of Literary and Artistic Works, 9 September 1886, as subsequently revised and amended.




  4.
     
  Member States shall ensure that the modalities and conditions governing the use of such short extracts are defined, in particular their maximum length, time limits regarding their transmission and requirements for the identification of the transmitting broadcaster.




  5.
     
  Broadcasters may, in accordance with the law of the Member State concerned and for the purpose of transmission, themselves gain access to the event concerned.


  Article 3c
  Member States shall ensure that audiovisual media service providers under their jurisdiction shall make easily, directly and permanently accessible to the recipients of the service at least the following information:






  (a) | the name of the media service provider; |
| --- | --- | --- |

(6)

The following Articles 3b
  to 3l
  are inserted:

‘Article 3b

1.   
  Pursuant to the principle of freedom of access to information as enshrined, in particular, in Article 11 of the Charter of Fundamental Rights of the European Union, and without prejudice to existing contractual agreements between broadcasters and without undermining exclusive rights, each
  Member
  State
  shall ensure that, for the purposes of short news reports,
  including reports intended for pan-European broadcasts,
  broadcasters established in other Member States are not deprived of access on a fair, reasonable and non-discriminatory basis to events of high interest to the public which are transmitted by a broadcaster under their jurisdiction.
  The broadcaster granting such access shall be entitled to appropriate compensation for the technical costs incurred.

2.   
  Broadcasters
  may freely
  choose short extracts
  from the transmitting broadcaster's signal with at least the identification of their source.
  Such extracts shall be used exclusively for general news programmes.

3.
     
  The provisions of this Article shall be without prejudice to the obligation of individual broadcasters to comply with copyright legislation, including Directive 2001/29/EC (25), and/or the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, Rome, 26 October 1961, and the Berne Convention for the Protection of Literary and Artistic Works, 9 September 1886, as subsequently revised and amended.

4.
     
  Member States shall ensure that the modalities and conditions governing the use of such short extracts are defined, in particular their maximum length, time limits regarding their transmission and requirements for the identification of the transmitting broadcaster.

5.
     
  Broadcasters may, in accordance with the law of the Member State concerned and for the purpose of transmission, themselves gain access to the event concerned.

Article 3c

Member States shall ensure that audiovisual media service providers under their jurisdiction shall make easily, directly and permanently accessible to the recipients of the service at least the following information:

(a)

the name of the media service provider;

| (b) | the geographic address at which the media service provider is established; |
| --- | --- |

(b)

the geographic address at which the media service provider is established;

| (c) | the details of the media service provider, including his electronic mail address or website, which allow him to be contacted rapidly in a direct and effective manner; |
| --- | --- |

(c)

the details of the media service provider, including his electronic mail address or website, which allow him to be contacted rapidly in a direct and effective manner;

| (d) | where applicable, the
  relevant
  regulatory or
  supervisory institution. |
| --- | --- |

(d)

where applicable, the
  relevant
  regulatory or
  supervisory institution.

Article 3d

1.
     Member States shall ensure
  by appropriate means
  that audiovisual media services under their jurisdiction are not made available in such a way that might seriously impair the physical, mental or moral development of minors.
  This Article shall apply in particular to programmes containing pornography and gratuitous acts of violence. The Commission and the Member States should encourage the relevant players in the media sector to promote a Community-wide labelling, assessment and filtering system as a further measure to protect minors. Member States shall promote measures to give parents and other carers greater control over the pornographic and gratuitously violent content of programmes.

2.
     
  Member States shall ensure that audiovisual media service providers under their jurisdiction provide filtering systems for content which may be damaging to the physical, mental or moral development of minors and inform users of their existence.

3.
     
  The Commission and the Member States shall encourage audiovisual media service providers, regulatory authorities and all parties concerned to consider the technical and legal feasibility of developing a harmonised system of content symbols promoting better filtering and classification at source, regardless of the delivery platform used, with a view to providing greater protection for minors.

4.
     
  Member States shall ensure that audiovisual media service providers under their jurisdiction do not in any circumstances broadcast any child pornography under penalty of administrative and/or penal sanctions.

5.
     
  Member States shall ask audiovisual media service providers under their jurisdiction to promote information campaigns to prevent violence against women and minors, where possible in collaboration with public and private associations and entities involved in this field.

Article 3e

Member States shall ensure by appropriate means that audiovisual media services and audiovisual commercial communications provided by providers under their jurisdiction do not contain any incitement to hatred based on sex,
  race
  , ethnic origin, religion or belief, disability, age or sexual orientation
  or offend against human dignity in any other manner.

Article 3f

1.   Member States shall ensure that media service providers under their jurisdiction promote, where practicable and by appropriate means,
  and taking due account of the various means of delivery,
  the
  development
  , production of and access to European works within the meaning of Article 6.
  For non-linear audiovisual media services, support and promotion might take the form of a minimum number of European works proportionate to economic performance, a minimum share of European works and of European works created by producers who are independent of broadcasters in video-on-demand catalogues, or the attractive presentation of European and works created by such independent producers in electronic programme guides.

2.   Member States shall ensure that media service providers under their jurisdiction do not transmit cinematographic works outside periods agreed with the rights-holders.

3.   Member States shall report to the Commission, no later than the end of the fourth year after adoption of this Directive and every three years thereafter on the implementation of the measure set out in paragraph 1.

4.   The Commission shall, on the basis of the information provided by Member States
  and of an independent study
  , report to the European Parliament and the Council
  every three years
  on the application of paragraph 1, taking into account the market, technological developments
  and the objective of cultural diversity.

Article 3g

Member States shall ensure that audiovisual commercial communications provided by providers under their jurisdiction comply with
  the principles laid down in the Charter of Fundamental Rights of the European Union and, in particular,
  the following requirements:

| (a) | audiovisual commercial communications shall be clearly identifiable as such
  and be distinguishable from editorial content. Without prejudice to the use of new advertising techniques, television advertising, teleshopping and telepromotions shall be kept quite distinct from other parts of the programme service by optical and/or acoustic and/or spatial means.
  Surreptitious audiovisual commercial communication shall be prohibited; |
| --- | --- |

(a)

audiovisual commercial communications shall be clearly identifiable as such
  and be distinguishable from editorial content. Without prejudice to the use of new advertising techniques, television advertising, teleshopping and telepromotions shall be kept quite distinct from other parts of the programme service by optical and/or acoustic and/or spatial means.
  Surreptitious audiovisual commercial communication shall be prohibited;

| (b) | audiovisual commercial communications shall respect the integrity of and natural breaks in the programme in the course of which they are transmitted; |
| --- | --- |

(b)

audiovisual commercial communications shall respect the integrity of and natural breaks in the programme in the course of which they are transmitted;

| (c) | audiovisual commercial communications shall not use subliminal techniques.
  Accordingly, the sound volume of advertisements, and of the programmes or sequences which precede and follow them, shall not exceed the average sound volume of other parts of the programme service. This obligation shall be as much the responsibility of advertisers as it is of broadcasters, which shall ensure that advertisers comply with it when supplying their advertising material; |
| --- | --- |

(c)

audiovisual commercial communications shall not use subliminal techniques.
  Accordingly, the sound volume of advertisements, and of the programmes or sequences which precede and follow them, shall not exceed the average sound volume of other parts of the programme service. This obligation shall be as much the responsibility of advertisers as it is of broadcasters, which shall ensure that advertisers comply with it when supplying their advertising material;

| (d) | audiovisual commercial communications
  shall comply with the principles laid down in the Charter of Fundamental Rights of the European Union and, in particular
  they shall not:








  (i) | offend against human dignity; |
| --- | --- | --- |

(d)

audiovisual commercial communications
  shall comply with the principles laid down in the Charter of Fundamental Rights of the European Union and, in particular
  they shall not:

(i)

offend against human dignity;

| (ii) | be offensive
  on grounds of
  discrimination by
  race,
  gender
  , nationality,
  disability, age, or sexual orientation
  ; |
| --- | --- |

(ii)

be offensive
  on grounds of
  discrimination by
  race,
  gender
  , nationality,
  disability, age, or sexual orientation
  ;

| (iii) | violate children's rights as defined in the UN Convention on the Rights of the Child; |
| --- | --- |

(iii)

violate children's rights as defined in the UN Convention on the Rights of the Child;

| (iv) | encourage behaviour prejudicial to health or to safety; |
| --- | --- |

(iv)

encourage behaviour prejudicial to health or to safety;

| (v) | encourage behaviour
  grossly
  prejudicial to the protection of the environment. |
| --- | --- |

(v)

encourage behaviour
  grossly
  prejudicial to the protection of the environment.

| (e) | all forms of audiovisual commercial
  communications for
  cigarettes and other tobacco products shall be prohibited; |
| --- | --- |

(e)

all forms of audiovisual commercial
  communications for
  cigarettes and other tobacco products shall be prohibited;

| (f) | pornography, including depictions likely to incite hatred on the grounds of sex, shall be prohibited in all forms of audiovisual commercial communications and teleshopping; |
| --- | --- |

(f)

pornography, including depictions likely to incite hatred on the grounds of sex, shall be prohibited in all forms of audiovisual commercial communications and teleshopping;

| (g) | audiovisual commercial communications for alcoholic beverages shall not be aimed at minors and may not encourage immoderate consumption of such beverages; |
| --- | --- |

(g)

audiovisual commercial communications for alcoholic beverages shall not be aimed at minors and may not encourage immoderate consumption of such beverages;

| (h) | audiovisual commercial communications for medicinal products and medical treatment available only on prescription in the Member State within whose jurisdiction the media service provider falls shall be prohibited; |
| --- | --- |

(h)

audiovisual commercial communications for medicinal products and medical treatment available only on prescription in the Member State within whose jurisdiction the media service provider falls shall be prohibited;

| (i) | audiovisual commercial communications shall not cause moral or physical harm to minors. Therefore they shall not directly exhort minors to buy a product or service by exploiting their inexperience or credulity, directly encourage them to persuade their parents or others to purchase the goods or services being advertised, exploit the special trust minors place in parents, teachers or other persons,
  or show
  minors in dangerous situations; |
| --- | --- |

(i)

audiovisual commercial communications shall not cause moral or physical harm to minors. Therefore they shall not directly exhort minors to buy a product or service by exploiting their inexperience or credulity, directly encourage them to persuade their parents or others to purchase the goods or services being advertised, exploit the special trust minors place in parents, teachers or other persons,
  or show
  minors in dangerous situations;

| (j) | the Member States and the Commission shall encourage media service providers to develop a code of conduct regarding children's programming containing or interrupted by advertising, sponsorship or any marketing of unhealthy and inappropriate foods and drinks such as those high in fat, sugar and salt and of alcoholic beverages. |
| --- | --- |

(j)

the Member States and the Commission shall encourage media service providers to develop a code of conduct regarding children's programming containing or interrupted by advertising, sponsorship or any marketing of unhealthy and inappropriate foods and drinks such as those high in fat, sugar and salt and of alcoholic beverages.

Article 3h

1.   Audiovisual media services
  or programmes
  that are sponsored shall meet the following requirements:

| (a) | their content and, in the case of television broadcasting, their scheduling,
  may in no circumstances be influenced in such a way as to affect the responsibility and editorial independence of the media service provider; |
| --- | --- |

(a)

their content and, in the case of television broadcasting, their scheduling,
  may in no circumstances be influenced in such a way as to affect the responsibility and editorial independence of the media service provider;

| (b) | they must not directly encourage the purchase or rental of goods or services, in particular by making special promotional references to those goods or services; |
| --- | --- |

(b)

they must not directly encourage the purchase or rental of goods or services, in particular by making special promotional references to those goods or services;

| (c) | viewers must be clearly informed of the existence of a sponsorship
  agreement
  .
  Sponsored
  programmes must be clearly identified as such by the name, logo and/or any other symbol of the sponsor such as a reference to its product(s) or service(s) or a distinctive sign thereof in an appropriate way for programmes at the beginning, during and/or the end of the
  programmes
  . |
| --- | --- |

(c)

viewers must be clearly informed of the existence of a sponsorship
  agreement
  .
  Sponsored
  programmes must be clearly identified as such by the name, logo and/or any other symbol of the sponsor such as a reference to its product(s) or service(s) or a distinctive sign thereof in an appropriate way for programmes at the beginning, during and/or the end of the
  programmes
  .

2.   Audiovisual media services
  or programmes

  shall not be sponsored by undertakings whose principal activity is the manufacture or sale of cigarettes and other tobacco
  products
  .

3.   The sponsorship of audiovisual media services
  or programmes
  by undertakings whose activities include the manufacture or sale of medicinal products and medical treatment may promote the name or the image of the undertaking, but may not promote specific medicinal products or medical treatments available only on prescription in the Member State within whose jurisdiction the media service provider falls.

4.   News and current affairs
  programmes
  shall not be sponsored.

Article 3i

1.
     
  Product placement shall be prohibited. In particular news and current affairs programmes, children's programmes, documentaries and programmes of advice may not contain product placement.

Product integration and thematic placement shall be prohibited in principle.

2.
     
  However, unless Member States decide otherwise, product placement shall be permitted in cinematographic works, films and series made for television and sports broadcasts.

Production props where no payment is made but certain goods or services are merely provided free of charge with a view to their inclusion in a programme shall be permitted.

Programmes containing product placement or production props shall meet the following requirements:

| (a) | their content and, in the case of television broadcasting, their scheduling, shall in no circumstances be influenced in such a way as to affect the responsibility or editorial independence of the media service provider; |
| --- | --- |

(a)

their content and, in the case of television broadcasting, their scheduling, shall in no circumstances be influenced in such a way as to affect the responsibility or editorial independence of the media service provider;

| (b) | they shall not directly encourage the purchase or rental of goods or services, in particular by making special promotional references to those goods or services; |
| --- | --- |

(b)

they shall not directly encourage the purchase or rental of goods or services, in particular by making special promotional references to those goods or services;

| (c) | they shall not give undue prominence to the product in question; |
| --- | --- |

(c)

they shall not give undue prominence to the product in question;

| (d) | viewers shall be clearly informed of the existence of product placement. Programmes containing product placement shall be appropriately identified at the start and the end of the programme and by a signal at least every 20 minutes during the programme in order to avoid any confusion on the part of the viewer. |
| --- | --- |

(d)

viewers shall be clearly informed of the existence of product placement. Programmes containing product placement shall be appropriately identified at the start and the end of the programme and by a signal at least every 20 minutes during the programme in order to avoid any confusion on the part of the viewer.

The viewer shall be informed of the use of any production props by appropriate means.

3.
     
  In any event programmes shall not contain product placement or production props for:

| — | tobacco products or cigarettes or product placement from undertakings whose principal activity is the manufacture or sale of cigarettes and other tobacco products; or |
| --- | --- |

—

tobacco products or cigarettes or product placement from undertakings whose principal activity is the manufacture or sale of cigarettes and other tobacco products; or

| — | specific medicinal products or medical treatments available only on prescription in the Member State within whose jurisdiction the media service provider falls. |
| --- | --- |

—

specific medicinal products or medical treatments available only on prescription in the Member State within whose jurisdiction the media service provider falls.

4.
     
  The provisions of paragraphs 1, 2 and 3 shall apply only to programmes produced after the date by which this Directive is required to be brought into force by the Member States.

Article 3j

1.
     
  The proportion of short forms of advertising such as advertising spots and teleshopping spots within a given clock hour shall not exceed 20 %.

2.
     
  Paragraph 1 shall not apply to announcements made by the broadcaster in connection with its own programmes and ancillary products directly derived from those programmes or to sponsorship announcements.

Article 3k

1.
     
  Member States shall take appropriate measures to ensure that audiovisual media services under their jurisdiction are gradually made accessible to people with a visual or hearing disability.

2.
     
  As from no later than ... (*), Member States shall submit a national report to the Commission every two years on the application of this Article. The report shall include, in particular, statistics on the progress made towards achieving the goal of accessibility described in paragraph 1. It shall describe any obstacles and describe the measures needed to overcome them.

Article 3l

1.
     
  Without prejudice to other provisions adopted by the Member States under civil, administrative or criminal law, any natural or legal person, regardless of nationality, whose legitimate interests, in particular but not limited to reputation and good name, have been affected by an assertion of facts in an audiovisual media service shall have a right of reply or equivalent remedies.

2.
     
  A right of reply or equivalent remedies shall exist in relation to all media service providers under the jurisdiction of a Member State.

3.
     
  Member States shall adopt the measures needed to establish the right of reply or equivalent remedies and shall determine the procedure to be followed for the exercise thereof. In particular, they shall ensure that a sufficient period of time is allowed and that the procedures are such that the right or equivalent remedies may be exercised appropriately by natural or legal persons resident or established in other Member States.

4.
     
  An application for the exercise of a right of reply or equivalent remedies may be rejected when it is not justified having regard to the conditions set out in paragraph 1, if it involves a punishable act, if its broadcasting involves the civil liability of the media service provider or if it contravenes standards of public decency.

5.
     
  Member States shall ensure that disputes concerning the exercise of the right of reply or equivalent remedies are subject to judicial review.

6.
     
  The right of reply shall be without prejudice to other means of redress available to persons whose rights to dignity, honour, good reputation or private life have not been respected by a media service provider.’

(*)  
  3 years from the adoption of this Directive.
  "

| (7) | In Article 5, the following new paragraph is added:




  ‘In defining the term “independent producer”, Member States shall take appropriate account of the following three criteria:




  ownership and proprietary rights of the production firm; number of programmes provided to the same media service provider and ownership of secondary rights.’ |
| --- | --- |

(7)

In Article 5, the following new paragraph is added:

‘In defining the term “independent producer”, Member States shall take appropriate account of the following three criteria:

ownership and proprietary rights of the production firm; number of programmes provided to the same media service provider and ownership of secondary rights.’

| (8) | Article 6 is amended as follows:






  (a) | Paragraph 1(c) is replaced by the following:






  ‘(c) | works co-produced in the framework of agreements related to the audiovisual sector concluded between the European Community and third countries and fulfilling the conditions defined within each of these agreements.’ |
| --- | --- | --- | --- |

(8)

Article 6 is amended as follows:

(a)

Paragraph 1(c) is replaced by the following:

‘(c)

works co-produced in the framework of agreements related to the audiovisual sector concluded between the European Community and third countries and fulfilling the conditions defined within each of these agreements.’

| (b) | Paragraph 3 is deleted. |
| --- | --- |

(b)

Paragraph 3 is deleted.

| (c) | Paragraph 4 becomes paragraph 3. |
| --- | --- |

(c)

Paragraph 4 becomes paragraph 3.

| (d) | Paragraph 5 is deleted. |
| --- | --- |

(d)

Paragraph 5 is deleted.

| (9) | Article 7 is deleted. |
| --- | --- |

(9)

Article 7 is deleted.

| (10) | Article 10 is replaced by the following:
  ‘Article 10
  1.   Television advertising and teleshopping shall be readily recognizable and
  distinguishable from editorial content. Without prejudice to the use of new advertising techniques, television advertising and teleshopping shall be
  kept quite
  distinct
  from other parts of the programme service by optical and/or acoustic
  and/or spatial
  means.
  2.   Isolated advertising and teleshopping spots, other than in sports programmes, shall remain the exception.’ |
| --- | --- |

(10)

Article 10 is replaced by the following:

‘Article 10

1.   Television advertising and teleshopping shall be readily recognizable and
  distinguishable from editorial content. Without prejudice to the use of new advertising techniques, television advertising and teleshopping shall be
  kept quite
  distinct
  from other parts of the programme service by optical and/or acoustic
  and/or spatial
  means.

2.   Isolated advertising and teleshopping spots, other than in sports programmes, shall remain the exception.’

| (11) | Article 11 is replaced by the following:
  ‘Article 11
  1.   Advertising
  and
  teleshopping s
  pots may be
  inserted
  between programmes. Advertising and teleshopping spots may also be inserted
  during programmes,
  in a manner which does not jeopardise their integrity, taking into account natural interruptions in the programme, in such a way
  that the rights of the rights-holders are not prejudiced.
  2.   The transmission of films made for television (excluding series, serials, light entertainment programmes and documentaries), cinematographic works, children's programmes and news programmes may be interrupted by advertising and/or teleshopping once for each
  scheduled
  period of
  30 minutes
  .
  No advertising or teleshopping may be inserted during religious services.’ |
| --- | --- |

(11)

Article 11 is replaced by the following:

‘Article 11

1.   Advertising
  and
  teleshopping s
  pots may be
  inserted
  between programmes. Advertising and teleshopping spots may also be inserted
  during programmes,
  in a manner which does not jeopardise their integrity, taking into account natural interruptions in the programme, in such a way
  that the rights of the rights-holders are not prejudiced.

2.   The transmission of films made for television (excluding series, serials, light entertainment programmes and documentaries), cinematographic works, children's programmes and news programmes may be interrupted by advertising and/or teleshopping once for each
  scheduled
  period of
  30 minutes
  .

No advertising or teleshopping may be inserted during religious services.’

| (12) | Articles 12 and 13 are deleted. |
| --- | --- |

(12)

Articles 12 and 13 are deleted.

| (13) | Articles 16 and 17 are deleted. |
| --- | --- |

(13)

Articles 16 and 17 are deleted.

| (14) | Article 18 is replaced by the following:
  ‘Article 18
  1.   The proportion of short forms of advertising such as advertising spots and teleshopping spots within a given clock hour shall not exceed 20 %.
  2.   Paragraph 1 shall not apply to announcements made by the broadcaster
  advertising
  its own programmes
  or to teleshopping, sponsored programmes or, where applicable,
  product placement.’ |
| --- | --- |

(14)

Article 18 is replaced by the following:

‘Article 18

1.   The proportion of short forms of advertising such as advertising spots and teleshopping spots within a given clock hour shall not exceed 20 %.

2.   Paragraph 1 shall not apply to announcements made by the broadcaster
  advertising
  its own programmes
  or to teleshopping, sponsored programmes or, where applicable,
  product placement.’

| (15) | Article 18a
  is replaced by the following:


  ‘Article 18a


  Audiovisual commercial communication windows such as teleshopping, teleshopping windows and telepromotions shall be clearly identified as such by optical and acoustic means.’ |
| --- | --- |

(15)

Article 18a
  is replaced by the following:

‘Article 18a

Audiovisual commercial communication windows such as teleshopping, teleshopping windows and telepromotions shall be clearly identified as such by optical and acoustic means.’

| (16) | Article 19 is replaced by the following:
  ‘Article 19
  The provisions of this Directive shall apply mutatis mutandis to television broadcasts exclusively devoted to advertising and teleshopping as well as to television broadcasts exclusively devoted to self-promotion,
  which shall be readily recognisable as such by optical and/or acoustic means.
  Chapter 3 as well as Article 11 (rules on insertion) and Article 18 (duration of advertising and teleshopping) shall not apply to these broadcasts.’ |
| --- | --- |

(16)

Article 19 is replaced by the following:

‘Article 19

The provisions of this Directive shall apply mutatis mutandis to television broadcasts exclusively devoted to advertising and teleshopping as well as to television broadcasts exclusively devoted to self-promotion,
  which shall be readily recognisable as such by optical and/or acoustic means.
  Chapter 3 as well as Article 11 (rules on insertion) and Article 18 (duration of advertising and teleshopping) shall not apply to these broadcasts.’

| (17) | Article 19a is deleted. |
| --- | --- |

(17)

Article 19a is deleted.

| (18) | Article 20 is replaced by the following:
  ‘Article 20
  Without prejudice to Article 3, Member States may, with due regard for Community law, lay down conditions other than those laid down in Article 11(2) and Article 18 in respect of
  television
  broadcasts intended solely for the national territory which cannot be received, directly or indirectly by the public, in one or more other Member
  States
  .’ |
| --- | --- |

(18)

Article 20 is replaced by the following:

‘Article 20

Without prejudice to Article 3, Member States may, with due regard for Community law, lay down conditions other than those laid down in Article 11(2) and Article 18 in respect of
  television
  broadcasts intended solely for the national territory which cannot be received, directly or indirectly by the public, in one or more other Member
  States
  .’

| (19) | Article 22(1) is replaced by the following:


  ‘
  1.
     
  Member States shall take appropriate measures to ensure that programmes broadcast by media service providers under their jurisdiction do not contain anything which might seriously impair the physical, psychological and moral development of minors, particularly programmes showing pornography or senseless violence.
  ’ |
| --- | --- |

(19)

Article 22(1) is replaced by the following:

‘
  1.
     
  Member States shall take appropriate measures to ensure that programmes broadcast by media service providers under their jurisdiction do not contain anything which might seriously impair the physical, psychological and moral development of minors, particularly programmes showing pornography or senseless violence.
  ’

| (20) | Articles 22a and 22b are
  replaced by the following:


  ‘Article 22a


  (1)
     
  Member States shall promote the production and programming of audiovisual media services and programmes which are suitable for minors and intended to improve their knowledge of communication media.




  (2)
     
  Such measures shall seek to facilitate educational action by parents, teachers and educators to create awareness of the effects of programmes that minors may watch by:








  — | setting up appropriate rating systems; |
| --- | --- | --- |

(20)

Articles 22a and 22b are
  replaced by the following:

‘Article 22a

(1)
     
  Member States shall promote the production and programming of audiovisual media services and programmes which are suitable for minors and intended to improve their knowledge of communication media.

(2)
     
  Such measures shall seek to facilitate educational action by parents, teachers and educators to create awareness of the effects of programmes that minors may watch by:

—

setting up appropriate rating systems;

| — | encouraging policies to raise awareness and knowledge of the media, which should include the participation of educational establishments and make it possible to produce European programmes suitable for family viewing or aimed at children and adolescents; |
| --- | --- |

—

encouraging policies to raise awareness and knowledge of the media, which should include the participation of educational establishments and make it possible to produce European programmes suitable for family viewing or aimed at children and adolescents;

| — | taking account of experience gained in this field in Europe or elsewhere and of the opinion of interested parties, such as broadcasters, producers, parents, educators, communication experts and associations concerned. |
| --- | --- |

—

taking account of experience gained in this field in Europe or elsewhere and of the opinion of interested parties, such as broadcasters, producers, parents, educators, communication experts and associations concerned.

(3)
     
  Member States' respective legislation shall further stipulate that new television sets shall be equipped with technical devices to enable certain programmes to be filtered out.’

| (21) | Article 23a is amended as follows:
  In paragraph 2 (e) the expression ‘television broadcasting services’ is replaced by the expression ‘audiovisual media services’. |
| --- | --- |

(21)

Article 23a is amended as follows:

In paragraph 2 (e) the expression ‘television broadcasting services’ is replaced by the expression ‘audiovisual media services’.

| (22) | The following Articles 23b
  and 23c
  are inserted:
  ‘Article 23b
  1.   Member States shall
  take appropriate measures to establish national regulatory bodies and institutions in accordance with national law, to
  guarantee
  their
  independence,
  to ensure that women and men are represented equally in them
  and
  to
  ensure that they exercise their powers impartially and transparently.


  2.
     
  Member States shall entrust to national regulatory authorities the task of ensuring that media service providers comply with the provisions of this Directive, in particular those relating to freedom of expression, media pluralism, human dignity, the principle of non-discrimination and the protection of minors, the vulnerable and the disabled.


  3.   National regulatory
  bodies
  shall
  cooperate more closely and
  provide each other and the Commission with the information necessary for the application of the provisions of this Directive.
  Article 23c


  Member States shall adopt the measures needed to ensure pluralism of information in the television broadcasting sector.




  Member States shall, in compliance with Community law, promote measures, in order that media service providers under their jurisdiction as a whole reflect the necessary pluralism of the relevant values and options within their society which are in accordance with the principles of the Charter of Fundamental Rights of the European Union.’ |
| --- | --- |

(22)

The following Articles 23b
  and 23c
  are inserted:

‘Article 23b

1.   Member States shall
  take appropriate measures to establish national regulatory bodies and institutions in accordance with national law, to
  guarantee
  their
  independence,
  to ensure that women and men are represented equally in them
  and
  to
  ensure that they exercise their powers impartially and transparently.

2.
     
  Member States shall entrust to national regulatory authorities the task of ensuring that media service providers comply with the provisions of this Directive, in particular those relating to freedom of expression, media pluralism, human dignity, the principle of non-discrimination and the protection of minors, the vulnerable and the disabled.

3.   National regulatory
  bodies
  shall
  cooperate more closely and
  provide each other and the Commission with the information necessary for the application of the provisions of this Directive.

Article 23c

Member States shall adopt the measures needed to ensure pluralism of information in the television broadcasting sector.

Member States shall, in compliance with Community law, promote measures, in order that media service providers under their jurisdiction as a whole reflect the necessary pluralism of the relevant values and options within their society which are in accordance with the principles of the Charter of Fundamental Rights of the European Union.’

| (23) | Articles 25 and 25a are deleted. |
| --- | --- |

(23)

Articles 25 and 25a are deleted.

| (24) | Article 26 is replaced by the following:
  ‘Article 26
  Not later than ... (**), and every two years thereafter, the Commission shall submit to the European Parliament, the Council and the Economic and Social Committee a report on the application of this Directive as amended,
  including the reports referred to in Articles 3f(3) and 3k(2) and in particular with regard to the implementation of the measures set out in Articles 3f(1),
  and, if necessary, make further proposals to adapt it to developments in the field of audiovisual media services, in particular in the light of recent technological developments, the competitiveness of the sector
  and the promotion of cultural diversity.



  (**)  
  The end of the fifth year after adoption of this Directive.’
  " |
| --- | --- |

(24)

Article 26 is replaced by the following:

‘Article 26

Not later than ... (**), and every two years thereafter, the Commission shall submit to the European Parliament, the Council and the Economic and Social Committee a report on the application of this Directive as amended,
  including the reports referred to in Articles 3f(3) and 3k(2) and in particular with regard to the implementation of the measures set out in Articles 3f(1),
  and, if necessary, make further proposals to adapt it to developments in the field of audiovisual media services, in particular in the light of recent technological developments, the competitiveness of the sector
  and the promotion of cultural diversity.

(**)  
  The end of the fifth year after adoption of this Directive.’
  "

Article 2

Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (the Regulation on consumer cooperation)
   (26) is hereby amended as follows:

In the Annex, point 4 is replaced by the following:

| ‘4. | Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 3g to 3h and Articles 10 to 20 (OJ L 298, 17.10.1989, p. 23). Directive as last amended by Directive 2007/.../EC of the European Parliament and of the Council (OJ ...).’ |
| --- | --- |

‘4.

Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 3g to 3h and Articles 10 to 20 (OJ L 298, 17.10.1989, p. 23). Directive as last amended by Directive 2007/.../EC of the European Parliament and of the Council (OJ ...).’

Article 3

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive
  by ...

   (***) at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

by ...

***

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 4

This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Official Journal of the European Union

Article 5

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 318, 23.12.2006, p. 202.

1

OJ C 318, 23.12.2006, p. 202.

(2)  OJ C ..., ..., p. ...

2

(3)  Position of the European Parliament of 13 December 2006.

3

Position of the European Parliament of 13 December 2006.

(4)  Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ L 298, 17.10.1989, p. 23). Directive as last amended by Directive 97/36/EC of the European Parliament and of the Council (OJ L 202, 30.7.1997, p. 60).

4

Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ L 298, 17.10.1989, p. 23). Directive as last amended by Directive 97/36/EC of the European Parliament and of the Council (OJ L 202, 30.7.1997, p. 60).

(5)  

  OJ L 108, 24.4.2002, p. 33.

5

OJ L 108, 24.4.2002, p. 33.

(6)  

  OJ L 178, 17.7.2000, p. 1.

6

OJ L 178, 17.7.2000, p. 1.

(7)  

  OJ C 285 E, 22.11.2006, p. 126.

7

OJ C 285 E, 22.11.2006, p. 126.

(8)  
  OJ ...

8

OJ ...

(9)  
  OJ ...

9

OJ ...

(10)  COM(2003)0784.

10

COM(2003)0784.

(11)  COM(2005)0229.

11

COM(2005)0229.

(12)  
  OJ C 193 E, 17.8.2006, p. 117.

12

OJ C 193 E, 17.8.2006, p. 117.

(13)  

  OJ C 76 E, 25.3.2004, p. 453.

13

OJ C 76 E, 25.3.2004, p. 453.

(14)  Case C-56/96 VT4 Ltd v Vlaamse Gemeenschap [1997] ECR I-03143, paragraph 22; Case C-212/97 Centros Ltd v Erhvervs-og Selskabsstyrelsen [1999] ECR I-01459; see also: Case C-11/95 Commission v Kingdom of Belgium [1996] ECR I-04115, and Case C-14/96 Paul Denuit [1997] ECR I-02785.

14

Ltd v Vlaamse Gemeenschap [1997] ECR I-03143

Centros Ltd v Erhvervs-og Selskabsstyrelsen [1999] ECR I-01459

Commission v Kingdom of Belgium [1996] ECR I-04115

Paul Denuit [1997] ECR I-02785

(15)  Case C-212/97 Centros Ltd v Erhvervs-og Selbskabsstyrelsen; Case C-33/74 Van Binsbergen v Bestuur van de Bedrijfsvereniging voor de Metaalnijverheid [1974] ECR 1299; Case 23/93 TV 10 SA v Commissariaat voor de Media [1994] ECR I-04795, paragraph 21.

15

Centros Ltd v Erhvervs-og Selbskabsstyrelsen

Binsbergen v Bestuur van de Bedrijfsvereniging voor de Metaalnijverheid [1974] ECR 1299

Commissariaat voor de Media [1994] ECR I-04795

(16)  Case C-355/98 Commission v Belgium [2000] ECR I-1221, paragraph 28; Case C-348/96 Calfa [1999] ECR I-0011, paragraph 23.

16

Commission v Belgium

Calfa

(17)  COM(2005)0097.

17

COM(2005)0097.

(18)  Case C.89/04 Mediakabel [2005] ECR 1-4891.

18

Mediakabel

(19)  OJ C 102, 28.4.2004, p. 2.

19

(20)  Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22).

20

Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ L 149, 11.6.2005, p. 22).

(21)  Directive 2003/33/EC of the European Parliament and of the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products (OJ L 152, 20.6.2003, p. 16).

21

Directive 2003/33/EC of the European Parliament and of the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products (OJ L 152, 20.6.2003, p. 16).

(22)  Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67).

22

Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67).

(23)  

  OJ L 404, 30.12.2006, p. 9.

23

OJ L 404, 30.12.2006, p. 9.

(24)  Case C-320/94; Reti Televisive Italiane SpA (RTI); Case C-328/94 Radio Torre; Case C-329/94 Rete A Srl; Case C-337/94 Vallau Italiana Promomarket Srl; Case C-338/94 Radio Italia Solo Musica Srl and Others and Case C-339/94 GETE Srl v Ministero delle Poste e Telecomunicazioni, [1996] ECR I-06471.

24

Reti Televisive Italiane SpA

Radio Torre

Rete A Srl

Vallau Italiana Promomarket Srl

Radio Italia Solo Musica Srl and Others

GETE Srl

Ministero delle Poste e Telecomunicazioni

(25)  
  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 (OJ L 167, 22.6.2001, p. 10).

25

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 (OJ L 167, 22.6.2001, p. 10).

(26)  OJ L 364, 9.12.2004, p. 1. Regulation as amended by Directive 2005/29/EC (OJ L 149, 11.6.2005, p. 22).

26

Regulation as amended by Directive 2005/29/EC (OJ L 149, 11.6.2005, p. 22)

(***)  
  Two years after the entry into force of this Directive.

***

Two years after the entry into force of this Directive.

P6_TA(2006)0560

Establishing the European Globalisation adjustment Fund ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council establishing the European Globalisation adjustment Fund (COM(2006)0091 — C6-0082/2006 — 2006/0033(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0091) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0091) (1),

| — | having regard to Article 251(2) and Article 159(3) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0082/2006), |
| --- | --- |

—

having regard to Article 251(2) and Article 159(3) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0082/2006),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on International Trade and the Committee on Budgets (A6-0385/2006); |
| --- | --- |

—

having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on International Trade and the Committee on Budgets (A6-0385/2006);

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  Not yet published in the OJ.

P6_TC1-COD(2006)0033

Position of the European Parliament adopted at first reading on 13 December 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and Council on establishing the European Globalisation adjustment Fund

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the third paragraph of Article 159,

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 (3),

Whereas:

| (1) | Notwithstanding the positive effects of globalisation on growth, jobs and prosperity and the need to enhance European competitiveness further through structural change, globalisation may also have negative consequences for the most vulnerable and least qualified workers in some sectors. It is therefore opportune to establish a European Globalisation adjustment Fund (the EGF), accessible to all Member States, through which the Community would show its solidarity towards workers affected by redundancies resulting from changes in world trade patterns. |
| --- | --- |

(1)

Notwithstanding the positive effects of globalisation on growth, jobs and prosperity and the need to enhance European competitiveness further through structural change, globalisation may also have negative consequences for the most vulnerable and least qualified workers in some sectors. It is therefore opportune to establish a European Globalisation adjustment Fund (the EGF), accessible to all Member States, through which the Community would show its solidarity towards workers affected by redundancies resulting from changes in world trade patterns.

| (2) | It is necessary to preserve European values and to promote the development of fair external trade. The negative effects of globalisation should be tackled in the first instance by a long-term, sustainable Community strategy for trade policy aiming at high social and ecological standards. The assistance provided by the EGF should be dynamic and capable of adapting to constantly changing and often unforeseen circumstances in the market. |
| --- | --- |

(2)

It is necessary to preserve European values and to promote the development of fair external trade. The negative effects of globalisation should be tackled in the first instance by a long-term, sustainable Community strategy for trade policy aiming at high social and ecological standards. The assistance provided by the EGF should be dynamic and capable of adapting to constantly changing and often unforeseen circumstances in the market.

| (3) | The EGF should provide specific, one-off support to facilitate the re-integration into employment of workers in areas, sectors territories, or labour market regions suffering the shock of serious economic disruption. The EGF should promote entrepreneurship, for example through micro-credits or for setting up cooperative projects. |
| --- | --- |

(3)

The EGF should provide specific, one-off support to facilitate the re-integration into employment of workers in areas, sectors territories, or labour market regions suffering the shock of serious economic disruption. The EGF should promote entrepreneurship, for example through micro-credits or for setting up cooperative projects.

| (4) | Actions under this Regulation should be defined according to strict intervention criteria relating to the scale of economic dislocation and its impact on a given sector or geographical area, to ensure that the financial contribution from the EGF is concentrated on workers in the most seriously affected regions and economic sectors of the Community. Such dislocation is not necessarily concentrated in a single Member State. In such exceptional circumstances, Member States may therefore submit joint requests for assistance from the EGF. |
| --- | --- |

(4)

Actions under this Regulation should be defined according to strict intervention criteria relating to the scale of economic dislocation and its impact on a given sector or geographical area, to ensure that the financial contribution from the EGF is concentrated on workers in the most seriously affected regions and economic sectors of the Community. Such dislocation is not necessarily concentrated in a single Member State. In such exceptional circumstances, Member States may therefore submit joint requests for assistance from the EGF.

| (5) | The activities of the EGF should be coherent and compatible with the other Community policies and comply with its acquis, especially the interventions of the structural funds, while making a genuine contribution to the Community's social policies. |
| --- | --- |

(5)

The activities of the EGF should be coherent and compatible with the other Community policies and comply with its acquis, especially the interventions of the structural funds, while making a genuine contribution to the Community's social policies.

| (6) | The Interinstitutional Agreement between the European Parliament, the Council and the Commission of 17 May 2006 on budgetary discipline and sound financial management (4) (Interinstitutional Agreement) is binding from 1 January 2007 and Point 28 determines the budgetary framework of the EGF. |
| --- | --- |

(6)

The Interinstitutional Agreement between the European Parliament, the Council and the Commission of 17 May 2006 on budgetary discipline and sound financial management (4) (Interinstitutional Agreement) is binding from 1 January 2007 and Point 28 determines the budgetary framework of the EGF.

| (7) | A specific action funded under this Regulation should not receive financial assistance from other Community financial instruments. Coordination with existing or planned modernisation and restructuring measures in the framework of regional development is necessary, however, albeit that such coordination should not result in the creation of parallel or additional management structures for actions funded by the EGF. |
| --- | --- |

(7)

A specific action funded under this Regulation should not receive financial assistance from other Community financial instruments. Coordination with existing or planned modernisation and restructuring measures in the framework of regional development is necessary, however, albeit that such coordination should not result in the creation of parallel or additional management structures for actions funded by the EGF.

| (8) | To facilitate the implementation of this Regulation, expenditure should be eligible from the date on which a Member State begins to provide personalised services to the affected workers. Reflecting the need for a concentrated response aiming specifically at re-integration into employment, a deadline should be set for the use of the financial contribution of the EGF. |
| --- | --- |

(8)

To facilitate the implementation of this Regulation, expenditure should be eligible from the date on which a Member State begins to provide personalised services to the affected workers. Reflecting the need for a concentrated response aiming specifically at re-integration into employment, a deadline should be set for the use of the financial contribution of the EGF.

| (9) | The Member State should remain responsible for the implementation of the financial contribution and for the management and control of the actions supported by Community financing, in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5). The Member State should justify the use made of the financial contribution received. |
| --- | --- |

(9)

The Member State should remain responsible for the implementation of the financial contribution and for the management and control of the actions supported by Community financing, in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5). The Member State should justify the use made of the financial contribution received.

| (10) | The European Monitoring Centre on Change, based in Dublin, may assist the European Commission and the Member State concerned with qualitative and quantitative analyses in order to help in the evaluation of an application for EGF funds. |
| --- | --- |

(10)

The European Monitoring Centre on Change, based in Dublin, may assist the European Commission and the Member State concerned with qualitative and quantitative analyses in order to help in the evaluation of an application for EGF funds.

| (11) | Since the objectives of the action to be taken cannot be sufficiently achieved by the Member States and can therefore, by reason of their scale and effects, be better achieved at Community level, the Community may adopt measures, in accordance with the principles of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(11)

Since the objectives of the action to be taken cannot be sufficiently achieved by the Member States and can therefore, by reason of their scale and effects, be better achieved at Community level, the Community may adopt measures, in accordance with the principles of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

| (12) | As the period of implementation of the EGF is linked to the duration of the financial framework from 1 January 2007 to 31 December 2013, support should be available to workers affected by trade-related redundancies from 1 January 2007, |
| --- | --- |

(12)

As the period of implementation of the EGF is linked to the duration of the financial framework from 1 January 2007 to 31 December 2013, support should be available to workers affected by trade-related redundancies from 1 January 2007,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject-matter and scope

1.   With the aim of stimulating economic growth and creating more jobs in the European Union, this Regulation establishes the EGF, to enable the Community to provide support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation where these redundancies have a significant adverse impact on the regional or local economy.

Its period of application shall be linked to the Financial Framework, from January 2007 to December 2013.

2.   This Regulation lays down rules regarding the operation of the EGF in order to facilitate re-integration into employment of workers affected by trade-related redundancies.

Article 2

Intervention criteria

A financial contribution from the EGF shall be provided where major structural changes in world trade patterns lead to a serious economic disruption, notably a substantial increase of imports into the EU, or a rapid decline of the EU market share in a given sector or a delocalisation to third countries, which results in:

| (a) | at least 1 000 redundancies over a period of 4 months in an enterprise in a Member State, including workers made redundant in its suppliers or downstream producers, or |
| --- | --- |

(a)

at least 1 000 redundancies over a period of 4 months in an enterprise in a Member State, including workers made redundant in its suppliers or downstream producers, or

| (b) | at least 1 000 redundancies, over a period of 9 months, particularly in small or medium-sized enterprises, in a NACE 2 sector in one region or two contiguous regions at NUTS II level. |
| --- | --- |

(b)

at least 1 000 redundancies, over a period of 9 months, particularly in small or medium-sized enterprises, in a NACE 2 sector in one region or two contiguous regions at NUTS II level.

| (c) | small labour markets or in exceptional circumstances, duly substantiated by the Member State(s) concerned, an application for a contribution from the EGF may be considered admissible even if the conditions laid down in subparagraphs (a) and (b) are not entirely met, when redundancies have a serious impact on employment and the local economy. The aggregated amount of contributions for exceptional circumstances may not exceed 15 % of the EGF each year. |
| --- | --- |

(c)

small labour markets or in exceptional circumstances, duly substantiated by the Member State(s) concerned, an application for a contribution from the EGF may be considered admissible even if the conditions laid down in subparagraphs (a) and (b) are not entirely met, when redundancies have a serious impact on employment and the local economy. The aggregated amount of contributions for exceptional circumstances may not exceed 15 % of the EGF each year.

Article 3

Eligible actions

A financial contribution under this Regulation may be made for active labour market measures that form part of a coordinated package of personalised services designed to re-integrate redundant workers into the labour market, including:

| (a) | job-search assistance, occupational guidance, tailor-made training and re-training including ICT skills and certification of acquired experience, outplacement assistance and entrepreneurship promotion or aid for self-employment; |
| --- | --- |

(a)

job-search assistance, occupational guidance, tailor-made training and re-training including ICT skills and certification of acquired experience, outplacement assistance and entrepreneurship promotion or aid for self-employment;

| (b) | special time-limited measures, such as job-search allowances, mobility allowances or allowances to individuals participating in lifelong learning and training activities; and |
| --- | --- |

(b)

special time-limited measures, such as job-search allowances, mobility allowances or allowances to individuals participating in lifelong learning and training activities; and

| (c) | measures to stimulate in particular disadvantaged or older workers, to remain in or return to the labour market. |
| --- | --- |

(c)

measures to stimulate in particular disadvantaged or older workers, to remain in or return to the labour market.

The EGF shall not finance passive social protection measures.

On the initiative of the Member State, the EGF may finance the preparatory, management, information and publicity, and control activities for its implementation.

Article 4

Type of financial contribution

The Commission shall award a financial contribution in the form of a single instalment, which shall be implemented within the framework of shared management between the Member States and the Commission, in accordance with Article 53(1)(b), (5) and (6) of Regulation (EC, Euratom) No 1605/2002.

Article 5

Applications

1.   The Member State shall submit an application for a contribution from EGF to the Commission within a period of 10 weeks from the date on which the conditions set out in Article 2 for mobilising the EGF are met. The application may be supplemented subsequently by the Member State(s).

2.   The application shall contain the following information:

| (a) | a reasoned analysis of the link between the planned redundancies and major structural changes in world trade patterns and a demonstration of the number of redundancies and an explanation of the unforeseen nature of those redundancies; |
| --- | --- |

(a)

a reasoned analysis of the link between the planned redundancies and major structural changes in world trade patterns and a demonstration of the number of redundancies and an explanation of the unforeseen nature of those redundancies;

| (b) | the identification of the dismissing enterprises (national or multi-national), suppliers or downstream producers, sectors, and the categories of workers to be targeted; |
| --- | --- |

(b)

the identification of the dismissing enterprises (national or multi-national), suppliers or downstream producers, sectors, and the categories of workers to be targeted;

| (c) | a description of the territory concerned and its authorities and other stakeholders, and the expected impact of the redundancies as regards local, regional or national employment; |
| --- | --- |

(c)

a description of the territory concerned and its authorities and other stakeholders, and the expected impact of the redundancies as regards local, regional or national employment;

| (d) | the coordinated package of personalised services to be funded and a breakdown of its estimated cost, including its complementarity with actions financed by the Structural Funds as well as information on actions that are mandatory by virtue of national law or pursuant to collective agreements; |
| --- | --- |

(d)

the coordinated package of personalised services to be funded and a breakdown of its estimated cost, including its complementarity with actions financed by the Structural Funds as well as information on actions that are mandatory by virtue of national law or pursuant to collective agreements;

| (e) | the date(s) on which personalised services to the affected workers were started or are planned to be started; |
| --- | --- |

(e)

the date(s) on which personalised services to the affected workers were started or are planned to be started;

| (f) | the procedures followed for consulting the social partners; and |
| --- | --- |

(f)

the procedures followed for consulting the social partners; and

| (g) | the authority responsible for management and financial control in accordance with Article 18. |
| --- | --- |

(g)

the authority responsible for management and financial control in accordance with Article 18.

3.   Having regard to the actions implemented by the Member State, the region, the social partners and the enterprises concerned by virtue of national law or collective agreements, and paying particular attention to actions funded by the European Social Fund (the ESF), the information provided under paragraph 2 shall include a summary description of the actions taken and planned by the national authority and enterprises concerned, including an estimate of their cost.

4.   The Member State(s) concerned shall also provide statistical and other information, at the most appropriate territorial level, which the Commission requires to assess the fulfilment of the intervention criteria.

5.   On the basis of the information referred to in paragraph 2 and any additional information submitted by the Member State(s) concerned, the Commission shall assess, in consultation with the Member State, whether the conditions for making a financial contribution under this Regulation are met.

Article 6

Complementarity, compliance and coordination

1.   Assistance from the EGF shall not replace actions which are the responsibility of companies by virtue of national law or collective agreements.

2.   Assistance from the EGF shall complement actions of the Member States at national, regional and local level, including those co-financed by the structural funds.

3.   Assistance from the EGF shall provide solidarity and support for individual workers made redundant as a result of structural changes in world trade patterns. The EGF shall not finance the restructuring of companies or sectors.

4.   In accordance with their respective responsibilities, the Commission and the Member States shall ensure the coordination of the assistance from Community Funds.

5.   The Member States shall ensure that the specific actions receiving a contribution under the EGF shall not also receive assistance from other Community financial instruments.

Article 7

Equality between women and men and non-discrimination

The Commission and the Member States shall ensure that equality between men and women and the integration of the gender perspective is promoted during the various stages of implementation of the EGF. The Commission and the Member States shall take appropriate steps to prevent any discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation during the various stages of the implementation of and, in particular, in access to, the EGF.

Article 8

Technical assistance at the initiative of the Commission

1.   At the initiative of the Commission, subject to a ceiling of 0,35 % of the financial resources available for that year, the EGF may be used to finance monitoring, information, administrative and technical support, audit, control and evaluation activities necessary to implement this Regulation.

2.   Such tasks shall be executed in accordance with Regulation (EC, Euratom) No 1605/2002, as well as the implementing rules applicable to this form of implementation of the budget.

Article 9

Information and publicity

1.   The Member State shall provide information on and publicise the funded actions. The information shall be addressed to the workers concerned, local and regional authorities, social partners, the media and the wider public. It shall highlight the role of the Community and ensure that the contribution from the EGF is visible.

2.   The Commission shall set up an Internet site, available in all Community languages, to provide information on the EGF, guidance on the submission of applications, as well as updated information on accepted and refused applications, highlighting the role of the budgetary authority.

Article 10

Determination of financial contribution.

1.   The Commission shall, on the basis of the assessment carried out in accordance with Article 5(5), particularly taking into account the number of workers to be supported, the proposed actions and the estimated costs, evaluate and propose determine as quickly as possible the amount of financial contribution, if any, that may be made within the limits of the resources available.

The amount may not exceed 50 % of the total of the estimated costs referred to in Article 5(2)(d).

2.   Where, on the basis of the assessment carried out in accordance with Article 5(5), the Commission has concluded that the conditions for a financial contribution under this Regulation are met, it shall immediately initiate the procedure set out in Article 12.

3.   Where, on the basis of the assessment carried out in accordance with Article 5(5), the Commission has concluded that the conditions for a financial contribution under this Regulation are not met, it shall notify the Member State concerned as soon as possible.

Article 11

Eligibility of expenditure

Expenditure shall be eligible for a contribution from the EGF from the date(s) on which the Member State concerned starts to provide personalised services to the affected workers, as set out in Article 5(2)(e).

Article 12

Budget procedure

1.   The arrangements for the EGF shall comply with the provisions of Point 28 of the Interinstitutional Agreement and any revisions of that Point.

2.   Appropriations concerning the EGF shall be entered in the general budget of the European Union as a provision through the normal budgetary procedure as soon as the Commission has identified sufficient margins and/or cancelled commitments.

3.   Where the Commission has concluded that a financial contribution should be made from the EGF, it shall submit to the budgetary authority a proposal to authorise appropriations corresponding to the amount determined in accordance with Article 10 and a request for the transfer of the amount to the EGF budget line. Proposals may be grouped into batches.

Transfers concerning the EGF shall be carried out pursuant to Article 24(4) of Regulation (EC, Euratom) No 1605/2002.

4.   A proposal pursuant to paragraph 3 shall include the following:

| (a) | the assessment carried out in accordance with Article 5(5), together with a summary of the information on which that assessment is based; |
| --- | --- |

(a)

the assessment carried out in accordance with Article 5(5), together with a summary of the information on which that assessment is based;

| (b) | evidence that the criteria laid down in Articles 2 and 6 are met; and |
| --- | --- |

(b)

evidence that the criteria laid down in Articles 2 and 6 are met; and

| (c) | the reasons justifying the amounts proposed. |
| --- | --- |

(c)

the reasons justifying the amounts proposed.

5.   At the same time as it presents its proposal, the Commission shall initiate a trilogue procedure, possibly in simplified form, to seek the agreement of both arms of the budgetary authority on the need to use the EGF and the amount required.

6.   On 1 September each year, at least one quarter of the annual maximum amount of the EGF shall remain available in order to cover needs arising until the end of the year.

7.   Once the appropriations are made available by the budgetary authority, the Commission shall adopt a decision on a financial contribution.

Article 13

Payment and use of the financial contribution

1.   Following adoption of the decision in accordance with Article 12(3), the Commission shall pay the financial contribution to the Member State(s) concerned in a single instalment, in principle within 15 days.

2.   The Member State shall use the financial contribution, as well as any interest earned thereon, within 12 months of the application pursuant to Article 5.

Article 14

Use of the Euro

Applications, decisions on financial contributions and reports under this Regulation, as well as any other related documents, shall express all amounts in Euro.

Article 15

Final report and closure

1.   No later than six months after the expiry of the period specified in Article 13(2), the Member State concerned shall present a report to the Commission on the execution of the financial contribution, including information on the type of actions and main outcomes, together with a statement justifying the expenditure and indicating, whenever appropriate, the complementarity of actions with those funded by the ESF.

2.   No later than six months after the Commission has received all the information required under paragraph 1, it shall wind up the financial contribution from the EGF.

Article 16

Annual report

1.   For the first time in 2008 and before 1 July of each year, the Commission shall present to the European Parliament and to the Council a quantitative and qualitative report on the activities under this Regulation in the previous year. The report shall focus mainly on the results achieved by the EGF and shall in particular contain information relating to applications submitted, Decisions adopted, actions funded including their complementarity with actions funded by the structural funds, notably the ESF, and the winding-up of financial contribution made. It shall also document those requests that have been refused owing to a lack of sufficient appropriations or to non-eligibility.

2.   The report will be transmitted, for information, to the European Economic and Social Committee, the Committee of the Regions and the social partners.

Article 17

Evaluation

1.   The Commission shall carry out at its own initiative and in close cooperation with the Member States:

| (a) | a mid-term evaluation of the effectiveness and sustainability of results obtained by 31 December 2011; and |
| --- | --- |

(a)

a mid-term evaluation of the effectiveness and sustainability of results obtained by 31 December 2011; and

| (b) | an ex-post evaluation by 31 December 2014, with the assistance of external experts, to measure the impact of the EGF and its added value. |
| --- | --- |

(b)

an ex-post evaluation by 31 December 2014, with the assistance of external experts, to measure the impact of the EGF and its added value.

2.   The results of the evaluation will be transmitted, for information, to the European Parliament, the Council, the European Economic and Social Committee, the Committee of the Regions and to the social partners.

Article 18

Management and financial control

1.   Without prejudice to the Commission's responsibility for implementing the general budget of the European Communities, the Member States shall take responsibility in the first instance for the management of actions supported by the EGF and the financial control of the actions. To that end, the measures they take shall include:

| (a) | verifying that management and control arrangements have been set up and are being implemented in such a way as to ensure that Community funds are being used efficiently and correctly, in accordance with the principles of sound financial management; |
| --- | --- |

(a)

verifying that management and control arrangements have been set up and are being implemented in such a way as to ensure that Community funds are being used efficiently and correctly, in accordance with the principles of sound financial management;

| (b) | verifying that the financed actions have been properly carried out; |
| --- | --- |

(b)

verifying that the financed actions have been properly carried out;

| (c) | ensuring that expenditure funded are based on verifiable supporting documents, are correct and regular; and |
| --- | --- |

(c)

ensuring that expenditure funded are based on verifiable supporting documents, are correct and regular; and

| (d) | preventing, detecting and correcting irregularities as defined in Article 70 of Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund (6), and recovering amounts unduly paid together with interest on late payments in accordance with the same Article. They shall notify these to the Commission in due time and keep the Commission informed of the progress of administrative and legal proceedings. |
| --- | --- |

(d)

preventing, detecting and correcting irregularities as defined in Article 70 of Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund (6), and recovering amounts unduly paid together with interest on late payments in accordance with the same Article. They shall notify these to the Commission in due time and keep the Commission informed of the progress of administrative and legal proceedings.

2.   The Member State shall make the financial corrections required where an irregularity is ascertained. The corrections made by the Member State shall consist in cancelling all or part of the Community contribution. The Member State shall recover any amount lost as a result of an irregularity detected, repay it to the Commission and, where the amount is not repaid in the time allowed by the Member State concerned, default interest shall be due.

3.   The Commission, in its responsibility for the implementation of the general budget of the European Communities, shall take every step necessary to verify that the actions financed are carried out in accordance with the principles of sound and efficient financial management, in compliance with the provisions of Regulation (EC, Euratom) No 1605/2002. It is the responsibility of each Member State to ensure that it has smoothly functioning management and control systems; the Commission shall satisfy itself that such systems are in place.

To that end, without prejudice to the powers of the Court of Auditors or the checks carried out by the Member State in accordance with national laws, regulations and administrative provisions, Commission officials or servants may carry out on-the-spot checks, including sample checks, on the actions financed by the Fund with a minimum of one working day's notice. The Commission shall give notice to the Member State concerned with a view to obtaining all the assistance necessary. Officials or servants of the Member State concerned may take part in such checks.

4.   The Member State shall ensure that all supporting documents regarding expenditure incurred are kept available for the Commission and the Court of Auditors for a period of three years following the winding-up of the financial contribution received from the EGF.

Article 19

Reimbursement of financial contribution

1.   In cases where the amount of the actual cost of an action is less than the estimated amount quoted pursuant to Article 12, the Commission shall require the Member State to reimburse a corresponding amount of the financial contribution received.

2.   Where the Member State has failed to comply with the obligations stated in the decision on a financial contribution, the Commission shall take the necessary steps to require the Member State to reimburse all or part of the financial contribution received.

3.   Prior to the adoption of a decision under paragraphs 1 or 2, the Commission shall conduct a suitable examination of the case and shall, in particular, allow the Member State a specified period of time in which to submit its comments.

4.   If, after completing the necessary verifications, the Commission concludes that the Member State is not complying with its obligations under Article 18(1), it shall, if no agreement has been reached and the Member State has not made the corrections in a period set by the Commission, and taking account of any comments made by the Member State, decide within three months from the end of the period referred above to make the financial corrections required by cancelling all or part of the contribution of the EGF to the action in question. Any amount lost as a result of an irregularity detected shall be recovered and, where the amount is not repaid in the time allowed by the Member State concerned, default interest shall be due.

Article 20

Review clause

On the basis of the first annual report provided for in Article 16, the European Parliament and the Council may review this Regulation, on the basis of a proposal by the Commission, to ensure that the solidarity objective of the EGF is met and that its provisions adequately take into account the economic, social and territorial characteristics of all Member States.

The European Parliament and the Council shall in any case review this Regulation by 31 December 2013.

Article 21

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ..., on ...

For the European Parliament,

The President

For the Council,

The President

---

(1)  Opinion delivered on 13 September 2006 (not yet published in the OJ).

1

(2)  Opinion delivered on 11 October 2006 (not yet published in the OJ).

2

(3)  Position of the European Parliament of 13 December 2006.

3

(4)  OJ C 139, 14.6.2006, p. 1.

4

(5)  OJ L 248, 16.9.2002, p. 1.

5

(6)  OJ L 210, 31.7.2006, p. 25.

6

P6_TA(2006)0561

Type approval of motor vehicles with respect to emissions and access to vehicle repair information ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on type approval of motor vehicles with respect to emissions and on access to vehicle repair information, amending Directive 72/306/EEC and Directive .../.../EC (COM(2005)0683 — C6-0007/2006 — 2005/0282(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0683) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0683) (1),

| — | having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0007/2006), |
| --- | --- |

—

having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0007/2006),

| — | having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis, |
| --- | --- |

—

having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

| — | having regard to Rules 51 and 35 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 51 and 35 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on the Internal Market and Consumer Protection, the Committee on Transport and Tourism and the Committee on Industry, Research and Energy (A6-0301/2006); |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on the Internal Market and Consumer Protection, the Committee on Transport and Tourism and the Committee on Industry, Research and Energy (A6-0301/2006);

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to introduce proposals in a revised framework Directive on type approval to guarantee access to detailed vehicle repair information in order to stimulate competition within the vehicle repair industry. Further, calls on the Commission to bring forward any necessary proposals to avoid duplication or double regulation between this Regulation, Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor vehicle sector (2) and the draft Directive on the approval of motor vehicles and their trailers. |
| --- | --- |

2.

Calls on the Commission to introduce proposals in a revised framework Directive on type approval to guarantee access to detailed vehicle repair information in order to stimulate competition within the vehicle repair industry. Further, calls on the Commission to bring forward any necessary proposals to avoid duplication or double regulation between this Regulation, Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor vehicle sector (2) and the draft Directive on the approval of motor vehicles and their trailers.

| 3. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

3.

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

| 4. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

4.

Instructs its President to forward its position to the Council and Commission.

---

(1)  Not yet published in OJ.

(2)  OJ L 203, 1.8.2002, p. 30.

P6_TC1-COD(2005)0282

Position of the European Parliament adopted at first reading on 13 December 2006 with a view to the adoption of Regulation (EC) No .../2007 of the European Parliament and of the Council on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

| (1) | The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital must be ensured. To that end a comprehensive Community type approval system for motor vehicles, established by Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers (3), is in place. The technical requirements for the type approval of motor vehicles with regard to emissions should therefore be harmonised to avoid requirements that differ from one Member State to another, and to ensure a high level of environmental protection. |
| --- | --- |

(1)

The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital must be ensured. To that end a comprehensive Community type approval system for motor vehicles, established by Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers (3), is in place. The technical requirements for the type approval of motor vehicles with regard to emissions should therefore be harmonised to avoid requirements that differ from one Member State to another, and to ensure a high level of environmental protection.

| (2) | This Regulation is one of a number of separate regulatory acts in the context of the Community type approval procedure under Directive 70/156/EEC. Therefore, that Directive should be amended accordingly. |
| --- | --- |

(2)

This Regulation is one of a number of separate regulatory acts in the context of the Community type approval procedure under Directive 70/156/EEC. Therefore, that Directive should be amended accordingly.

| (3) | At the request of the European Parliament a new regulatory approach has been introduced in EU vehicle legislation. Thus, this Regulation lays down fundamental provisions on vehicle emissions, whereas the technical specifications will be laid down by implementing measures adopted following comitology procedures. |
| --- | --- |

(3)

At the request of the European Parliament a new regulatory approach has been introduced in EU vehicle legislation. Thus, this Regulation lays down fundamental provisions on vehicle emissions, whereas the technical specifications will be laid down by implementing measures adopted following comitology procedures.

| (4) | In March 2001 the Commission launched the Clean Air For Europe (CAFE) programme, the major elements of which are outlined in a communication of 4 May 2005. This has led to the adoption of a thematic strategy on air pollution by a communication of 21 September 2005. One of the conclusions of the thematic strategy is that further reductions in emissions from the transport sector (air, maritime and land transport), from households and from the energy, agricultural and industrial sectors are needed to achieve EU air quality objectives. In this context, the task of reducing vehicle emissions should be approached as part of an overall strategy. The Euro 5 and 6 standards are one of the measures designed to reduce emissions of particulate matter and ozone precursors such as nitrogen oxides and hydrocarbons. |
| --- | --- |

(4)

In March 2001 the Commission launched the Clean Air For Europe (CAFE) programme, the major elements of which are outlined in a communication of 4 May 2005. This has led to the adoption of a thematic strategy on air pollution by a communication of 21 September 2005. One of the conclusions of the thematic strategy is that further reductions in emissions from the transport sector (air, maritime and land transport), from households and from the energy, agricultural and industrial sectors are needed to achieve EU air quality objectives. In this context, the task of reducing vehicle emissions should be approached as part of an overall strategy. The Euro 5 and 6 standards are one of the measures designed to reduce emissions of particulate matter and ozone precursors such as nitrogen oxides and hydrocarbons.

| (5) | Achieving EU air quality objectives requires a continuing effort to reduce vehicle emissions. For that reason, industry should be provided with clear information on future emission limit values. This is why this Regulation includes, in addition to Euro 5, the Euro 6 stage of emission limit values. |
| --- | --- |

(5)

Achieving EU air quality objectives requires a continuing effort to reduce vehicle emissions. For that reason, industry should be provided with clear information on future emission limit values. This is why this Regulation includes, in addition to Euro 5, the Euro 6 stage of emission limit values.

| (6) | In particular, a considerable reduction in nitrogen oxide emissions from diesel vehicles is necessary to improve air quality and comply with limit values for pollution. This requires reaching ambitious limit values at the Euro 6 stage without being obliged to forego the advantages of diesel engines in terms of fuel consumption and hydrocarbon and carbon monoxide emissions. Setting such a step for reducing nitrogen oxide emissions at an early stage will provide long-term, Europe-wide planning security for vehicle manufacturers. |
| --- | --- |

(6)

In particular, a considerable reduction in nitrogen oxide emissions from diesel vehicles is necessary to improve air quality and comply with limit values for pollution. This requires reaching ambitious limit values at the Euro 6 stage without being obliged to forego the advantages of diesel engines in terms of fuel consumption and hydrocarbon and carbon monoxide emissions. Setting such a step for reducing nitrogen oxide emissions at an early stage will provide long-term, Europe-wide planning security for vehicle manufacturers.

| (7) | In setting emissions standards it is important to take into account the implications for markets and manufacturers' competitiveness, the direct and indirect costs imposed on business and the benefits that accrue in terms of stimulating innovation, improving air quality, reducing health costs and increasing life expectancy, as well as the implications for the overall impact on carbon dioxide emissions. |
| --- | --- |

(7)

In setting emissions standards it is important to take into account the implications for markets and manufacturers' competitiveness, the direct and indirect costs imposed on business and the benefits that accrue in terms of stimulating innovation, improving air quality, reducing health costs and increasing life expectancy, as well as the implications for the overall impact on carbon dioxide emissions.

| (8) | Unrestricted access to vehicle repair information, via a standardised format which can be used to retrieve the technical information, and effective competition on the market for vehicle repair and maintenance information services are necessary to improve the functioning of the internal market, particularly as regards the free movement of goods, freedom of establishment and freedom to provide services. A great proportion of such information is related to on-board diagnostic (OBD) systems and their interaction with other vehicle systems. It is appropriate to lay down technical specifications that manufacturers' websites should follow, along with targeted measures to ensure reasonable access for small and medium-sized enterprises (SMEs). Common standards agreed with the involvement of stakeholders, such as the OASIS (4) format, can facilitate the exchange of information between manufacturers and service providers. It is therefore appropriate to initially require the use of the technical specifications of the OASIS format and to ask the Commission to request CEN/ISO to further develop this format into a standard with a view to replacing the OASIS format in due course. |
| --- | --- |

(8)

Unrestricted access to vehicle repair information, via a standardised format which can be used to retrieve the technical information, and effective competition on the market for vehicle repair and maintenance information services are necessary to improve the functioning of the internal market, particularly as regards the free movement of goods, freedom of establishment and freedom to provide services. A great proportion of such information is related to on-board diagnostic (OBD) systems and their interaction with other vehicle systems. It is appropriate to lay down technical specifications that manufacturers' websites should follow, along with targeted measures to ensure reasonable access for small and medium-sized enterprises (SMEs). Common standards agreed with the involvement of stakeholders, such as the OASIS (4) format, can facilitate the exchange of information between manufacturers and service providers. It is therefore appropriate to initially require the use of the technical specifications of the OASIS format and to ask the Commission to request CEN/ISO to further develop this format into a standard with a view to replacing the OASIS format in due course.

| (9) | Not later than four years after the date of entry into force of this Regulation, the Commission should review the operation of the system of access to all vehicle repair and maintenance information with a view to determining whether it would be appropriate to consolidate all provisions governing access to vehicle repair and maintenance information within a revised framework Directive on type approval. If the provisions governing access to all vehicle information are incorporated into that Directive, the corresponding provisions in this Regulation should be repealed, as long as the existing rights for access to repair and maintenance information are preserved. |
| --- | --- |

(9)

Not later than four years after the date of entry into force of this Regulation, the Commission should review the operation of the system of access to all vehicle repair and maintenance information with a view to determining whether it would be appropriate to consolidate all provisions governing access to vehicle repair and maintenance information within a revised framework Directive on type approval. If the provisions governing access to all vehicle information are incorporated into that Directive, the corresponding provisions in this Regulation should be repealed, as long as the existing rights for access to repair and maintenance information are preserved.

| (10) | The Commission should keep under review emissions which are as yet unregulated and which arise as a consequence of the wider use of new fuel formulations, engine technologies and emission control systems and, where necessary, submit a proposal to the European Parliament and to the Council with a view to regulating such emissions. |
| --- | --- |

(10)

The Commission should keep under review emissions which are as yet unregulated and which arise as a consequence of the wider use of new fuel formulations, engine technologies and emission control systems and, where necessary, submit a proposal to the European Parliament and to the Council with a view to regulating such emissions.

| (11) | In order to facilitate the introduction and to maintain the existence of alternative fuel vehicles, which can have low nitrogen oxide and particulate emissions, and at the same time to encourage reduced emissions from petrol-powered vehicles, this Regulation introduces separate limit values for total hydrocarbons and total non-methane hydrocarbons. |
| --- | --- |

(11)

In order to facilitate the introduction and to maintain the existence of alternative fuel vehicles, which can have low nitrogen oxide and particulate emissions, and at the same time to encourage reduced emissions from petrol-powered vehicles, this Regulation introduces separate limit values for total hydrocarbons and total non-methane hydrocarbons.

| (12) | Efforts should be continued to implement stricter emission limits, including reduction of carbon dioxide emissions, and to ensure that those limits relate to the actual performance of vehicles when in use. |
| --- | --- |

(12)

Efforts should be continued to implement stricter emission limits, including reduction of carbon dioxide emissions, and to ensure that those limits relate to the actual performance of vehicles when in use.

| (13) | In order to ensure that emissions of ultra fine particulate matter (PM 0,1 μm and below) are controlled, the Commission should adopt as soon as possible, and introduce at the latest upon entry into force of the Euro 6 stage, a number based approach to emissions of PM in addition to the mass based approach which is currently used. The number based approach to emissions of PM should draw on the results of the UN/ECE's Particulate Measurement Programme (PMP) and be consistent with the existing ambitious objectives for the environment. |
| --- | --- |

(13)

In order to ensure that emissions of ultra fine particulate matter (PM 0,1 μm and below) are controlled, the Commission should adopt as soon as possible, and introduce at the latest upon entry into force of the Euro 6 stage, a number based approach to emissions of PM in addition to the mass based approach which is currently used. The number based approach to emissions of PM should draw on the results of the UN/ECE's Particulate Measurement Programme (PMP) and be consistent with the existing ambitious objectives for the environment.

| (14) | To provide greater repeatability in measuring the mass and number of particulate emissions in the laboratory, the Commission should adopt a new measurement procedure replacing the current one. This should be introduced as soon as possible and at the latest upon entry into force of the Euro 6 stage. It should be based on the results of the PMP. When the new measurement procedure is implemented, the PM mass emission limits set out in this Regulation should be recalibrated, as the new procedure records a lower level of mass than the current one. |
| --- | --- |

(14)

To provide greater repeatability in measuring the mass and number of particulate emissions in the laboratory, the Commission should adopt a new measurement procedure replacing the current one. This should be introduced as soon as possible and at the latest upon entry into force of the Euro 6 stage. It should be based on the results of the PMP. When the new measurement procedure is implemented, the PM mass emission limits set out in this Regulation should be recalibrated, as the new procedure records a lower level of mass than the current one.

| (15) | The Commission should keep under review the need to revise the New European Drive Cycle as the test procedure that provides the basis of EC type approval emissions regulations. Updating or replacement of the test cycles may be required to reflect changes in vehicle specification and driver behaviour. Revisions may be necessary to ensure that real world emissions correspond to those measured at type approval. The use of portable emission measurement systems and the introduction of the ‘not-to-exceed’ regulatory concept should also be considered. |
| --- | --- |

(15)

The Commission should keep under review the need to revise the New European Drive Cycle as the test procedure that provides the basis of EC type approval emissions regulations. Updating or replacement of the test cycles may be required to reflect changes in vehicle specification and driver behaviour. Revisions may be necessary to ensure that real world emissions correspond to those measured at type approval. The use of portable emission measurement systems and the introduction of the ‘not-to-exceed’ regulatory concept should also be considered.

| (16) | OBD systems are important in the control of emissions during the use of a vehicle. Due to the importance of controlling real world emissions, the Commission should keep under review the requirements for such systems and the tolerance thresholds for monitoring faults. |
| --- | --- |

(16)

OBD systems are important in the control of emissions during the use of a vehicle. Due to the importance of controlling real world emissions, the Commission should keep under review the requirements for such systems and the tolerance thresholds for monitoring faults.

| (17) | A standardised method of measuring fuel consumption and carbon dioxide emissions of vehicles is necessary to ensure that no technical barriers to trade arise between Member States. Furthermore, it is also necessary to ensure that customers and users are supplied with objective and precise information. |
| --- | --- |

(17)

A standardised method of measuring fuel consumption and carbon dioxide emissions of vehicles is necessary to ensure that no technical barriers to trade arise between Member States. Furthermore, it is also necessary to ensure that customers and users are supplied with objective and precise information.

| (18) | Before drawing up a proposal for future emission standards, the Commission should set up studies designed to determine whether the continued subdivision of vehicle categories into groups is still necessary and whether mass neutral emission limits can be applied. |
| --- | --- |

(18)

Before drawing up a proposal for future emission standards, the Commission should set up studies designed to determine whether the continued subdivision of vehicle categories into groups is still necessary and whether mass neutral emission limits can be applied.

| (19) | Member States should be able, by means of financial incentives, to accelerate the placing on the market of vehicles which satisfy the requirements adopted at Community level. However, such incentives should comply with the provisions of the Treaty, in particular the rules on state aid. This is in order to avoid distortions of the internal market. This Regulation should not affect the Member States' right to include emissions in the basis for calculating taxes levied on vehicles. |
| --- | --- |

(19)

Member States should be able, by means of financial incentives, to accelerate the placing on the market of vehicles which satisfy the requirements adopted at Community level. However, such incentives should comply with the provisions of the Treaty, in particular the rules on state aid. This is in order to avoid distortions of the internal market. This Regulation should not affect the Member States' right to include emissions in the basis for calculating taxes levied on vehicles.

| (20) | Given that the legislation on vehicle emissions and fuel consumption has developed over more than 35 years and is now spread over more than 24 Directives, it is advisable to replace those Directives by a new regulation and a number of implementing measures. A regulation will ensure that the detailed technical provisions are directly applicable to manufacturers, approval authorities and technical services and that they can be updated in a much faster and more efficient way. Directives 70/220/EEC (5), 72/306/EEC (6), 74/290/EEC (7), 80/1268/EEC (8), 83/351/EEC (9), 88/76/EEC (10), 88/436/EEC (11), 89/458/EEC (12), 91/441/EEC (13), 93/59/EEC (14), 94/12/EC (15), 96/69/EC (16), 98/69/EC (17), 2001/1/EC (18), 2001/100/EC (19) and 2004/3/EC (20) should therefore be repealed. In addition, the Member States should also repeal the transposing legislation of the repealed Directives. |
| --- | --- |

(20)

Given that the legislation on vehicle emissions and fuel consumption has developed over more than 35 years and is now spread over more than 24 Directives, it is advisable to replace those Directives by a new regulation and a number of implementing measures. A regulation will ensure that the detailed technical provisions are directly applicable to manufacturers, approval authorities and technical services and that they can be updated in a much faster and more efficient way. Directives 70/220/EEC (5), 72/306/EEC (6), 74/290/EEC (7), 80/1268/EEC (8), 83/351/EEC (9), 88/76/EEC (10), 88/436/EEC (11), 89/458/EEC (12), 91/441/EEC (13), 93/59/EEC (14), 94/12/EC (15), 96/69/EC (16), 98/69/EC (17), 2001/1/EC (18), 2001/100/EC (19) and 2004/3/EC (20) should therefore be repealed. In addition, the Member States should also repeal the transposing legislation of the repealed Directives.

| (21) | In order to clarify the scope of legislation on vehicle emissions, Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (21) should be amended in such a way as to cover all heavy-duty vehicles so as to make clear that this Regulation concerns light-duty vehicles. |
| --- | --- |

(21)

In order to clarify the scope of legislation on vehicle emissions, Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous and particulate pollutants from compression-ignition engines for use in vehicles, and the emission of gaseous pollutants from positive-ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles (21) should be amended in such a way as to cover all heavy-duty vehicles so as to make clear that this Regulation concerns light-duty vehicles.

| (22) | To ensure a smooth transition from the existing Directives to this Regulation, the applicability of this Regulation should be deferred by a certain period after its entry into force. However, during that period manufacturers should be able to choose to have vehicles approved under either the existing Directives or this Regulation. Moreover, the provisions on financial incentives should be applicable immediately after the entry into force of this Regulation. The validity of type approvals granted under the existing Directives is not to be affected by the entry into force of this Regulation. |
| --- | --- |

(22)

To ensure a smooth transition from the existing Directives to this Regulation, the applicability of this Regulation should be deferred by a certain period after its entry into force. However, during that period manufacturers should be able to choose to have vehicles approved under either the existing Directives or this Regulation. Moreover, the provisions on financial incentives should be applicable immediately after the entry into force of this Regulation. The validity of type approvals granted under the existing Directives is not to be affected by the entry into force of this Regulation.

| (23) | To ensure a smooth transition from the existing Directives to this Regulation, certain exceptions for vehicles designed to fulfil specific social needs should be foreseen in the Euro 5 stage. These exceptions should cease with the entry into force of the Euro 6 stage. |
| --- | --- |

(23)

To ensure a smooth transition from the existing Directives to this Regulation, certain exceptions for vehicles designed to fulfil specific social needs should be foreseen in the Euro 5 stage. These exceptions should cease with the entry into force of the Euro 6 stage.

| (24) | The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (22). |
| --- | --- |

(24)

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (22).

| (25) | In particular, power should be conferred on the Commission to introduce particle number based limit values in Annex I, as well as to recalibrate the particulate mass based limit values set out in that Annex. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. |
| --- | --- |

(25)

In particular, power should be conferred on the Commission to introduce particle number based limit values in Annex I, as well as to recalibrate the particulate mass based limit values set out in that Annex. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

| (26) | Power should also be conferred on the Commission to establish specific procedures, tests and requirements for type approval, as well as a revised measurement procedure for particulates and a particle number based limit value, and to adopt measures concerning the use of defeat devices, access to vehicle repair and maintenance information and test cycles used to measure emissions. Since those measures are of general scope and are designed to supplement this Regulation by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. |
| --- | --- |

(26)

Power should also be conferred on the Commission to establish specific procedures, tests and requirements for type approval, as well as a revised measurement procedure for particulates and a particle number based limit value, and to adopt measures concerning the use of defeat devices, access to vehicle repair and maintenance information and test cycles used to measure emissions. Since those measures are of general scope and are designed to supplement this Regulation by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

| (27) | Since the objectives of this Regulation, namely the realisation of the internal market through the introduction of common technical requirements concerning emissions from motor vehicles and guaranteed access to vehicle repair and maintenance information for independent operators on the same basis as for authorised dealers and repairers, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives, |
| --- | --- |

(27)

Since the objectives of this Regulation, namely the realisation of the internal market through the introduction of common technical requirements concerning emissions from motor vehicles and guaranteed access to vehicle repair and maintenance information for independent operators on the same basis as for authorised dealers and repairers, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

Subject matter, scope and definitions

Article 1

Subject matter

1.   This Regulation establishes common technical requirements for the type approval of motor vehicles (‘vehicles’) and replacement parts, such as replacement pollution control devices, with regard to their emissions.

2.   In addition, this Regulation lays down rules for in-service conformity, durability of pollution control devices, on-board diagnostic (OBD) systems, measurement of fuel consumption and accessibility of vehicle repair and maintenance information.

Article 2

Scope

1.   This Regulation shall apply to vehicles of categories M1, M2, N1 and N2 as defined in Annex II to Directive 70/156/EEC with a reference mass not exceeding 2 610 kg.

2.   At the manufacturer's request, type approval granted under this Regulation may be extended from vehicles covered by paragraph 1 to M1, M2, N1 and N2 vehicles as defined in Annex II to Directive 70/156/EEC with a reference mass not exceeding 2 840 kg and which meet the conditions laid down in this Regulation and its implementing measures.

Article 3

Definitions

For the purposes of this Regulation and its implementing measures the following definitions shall apply:

| 1) | ‘hybrid vehicle’ means a vehicle with at least two different energy converters and two different energy storage systems (on vehicle) for the purpose of vehicle propulsion; |
| --- | --- |

1)

‘hybrid vehicle’ means a vehicle with at least two different energy converters and two different energy storage systems (on vehicle) for the purpose of vehicle propulsion;

| 2) | ‘vehicles designed to fulfil specific social needs’ means diesel vehicles of category M1 which are either:






  (a) | special purpose vehicles as defined in Directive 70/156/EEC with a reference mass exceeding 2 000 kg; |
| --- | --- | --- |

2)

‘vehicles designed to fulfil specific social needs’ means diesel vehicles of category M1 which are either:

(a)

special purpose vehicles as defined in Directive 70/156/EEC with a reference mass exceeding 2 000 kg;

| (b) | vehicles with a reference mass exceeding 2 000 kg and designed to carry 7 or more occupants including the driver with the exclusion, as from 1 September 2012, of vehicles of category M1G as defined in Directive 70/156/EEC; or |
| --- | --- |

(b)

vehicles with a reference mass exceeding 2 000 kg and designed to carry 7 or more occupants including the driver with the exclusion, as from 1 September 2012, of vehicles of category M1G as defined in Directive 70/156/EEC; or

| (c) | vehicles with a reference mass exceeding 1 760 kg which are built specifically for commercial purposes to accommodate wheelchair use inside the vehicle; |
| --- | --- |

(c)

vehicles with a reference mass exceeding 1 760 kg which are built specifically for commercial purposes to accommodate wheelchair use inside the vehicle;

| 3) | ‘reference mass’ means the mass of the vehicle in running order less the uniform mass of the driver of 75 kg and increased by a uniform mass of 100 kg; |
| --- | --- |

3)

‘reference mass’ means the mass of the vehicle in running order less the uniform mass of the driver of 75 kg and increased by a uniform mass of 100 kg;

| 4) | ‘gaseous pollutants’ means the exhaust gas emissions of carbon monoxide, oxides of nitrogen, expressed in nitrogen dioxide (NO2) equivalent, and hydrocarbons; |
| --- | --- |

4)

‘gaseous pollutants’ means the exhaust gas emissions of carbon monoxide, oxides of nitrogen, expressed in nitrogen dioxide (NO2) equivalent, and hydrocarbons;

| 5) | ‘particulate pollutants’ means components of the exhaust gas which are removed from the diluted exhaust gas at a maximum temperature of 325 °K (52 °C) by means of the filters described in the test procedure for verifying average tailpipe emissions; |
| --- | --- |

5)

‘particulate pollutants’ means components of the exhaust gas which are removed from the diluted exhaust gas at a maximum temperature of 325 °K (52 °C) by means of the filters described in the test procedure for verifying average tailpipe emissions;

| 6) | ‘tailpipe emissions’ means the emission of gaseous and particulate pollutants; |
| --- | --- |

6)

‘tailpipe emissions’ means the emission of gaseous and particulate pollutants;

| 7) | ‘evaporative emissions’ means the hydrocarbon vapours emitted from the fuel system of a vehicle other than those from tailpipe emissions; |
| --- | --- |

7)

‘evaporative emissions’ means the hydrocarbon vapours emitted from the fuel system of a vehicle other than those from tailpipe emissions;

| 8) | ‘crankcase’ means the spaces in, or external to, an engine which are connected to the oil sump by internal or external ducts through which gases and vapours can be emitted; |
| --- | --- |

8)

‘crankcase’ means the spaces in, or external to, an engine which are connected to the oil sump by internal or external ducts through which gases and vapours can be emitted;

| 9) | ‘“on-board diagnostic” or “OBD” system’ means a system for emission control which has the capability of identifying the likely area of malfunction by means of fault codes stored in a computer memory; |
| --- | --- |

9)

‘“on-board diagnostic” or “OBD” system’ means a system for emission control which has the capability of identifying the likely area of malfunction by means of fault codes stored in a computer memory;

| 10) | ‘defeat device’ means any element of design which senses temperature, vehicle speed, engine speed (RPM), transmission gear, manifold vacuum or any other parameter for the purpose of activating, modulating, delaying or deactivating the operation of any part of the emission control system, that reduces the effectiveness of the emission control system under conditions which may reasonably be expected to be encountered in normal vehicle operation and use; |
| --- | --- |

10)

‘defeat device’ means any element of design which senses temperature, vehicle speed, engine speed (RPM), transmission gear, manifold vacuum or any other parameter for the purpose of activating, modulating, delaying or deactivating the operation of any part of the emission control system, that reduces the effectiveness of the emission control system under conditions which may reasonably be expected to be encountered in normal vehicle operation and use;

| 11) | ‘pollution control device’ means those components of a vehicle that control and/or limit tailpipe and evaporative emissions; |
| --- | --- |

11)

‘pollution control device’ means those components of a vehicle that control and/or limit tailpipe and evaporative emissions;

| 12) | ‘original pollution control device’ means a pollution control device or an assembly of such devices covered by the type approval granted for the vehicle concerned; |
| --- | --- |

12)

‘original pollution control device’ means a pollution control device or an assembly of such devices covered by the type approval granted for the vehicle concerned;

| 13) | ‘replacement pollution control device’ means a pollution control device or an assembly of such devices intended to replace an original pollution control device and which can be approved as a separate technical unit as defined in Directive 70/156/EEC; |
| --- | --- |

13)

‘replacement pollution control device’ means a pollution control device or an assembly of such devices intended to replace an original pollution control device and which can be approved as a separate technical unit as defined in Directive 70/156/EEC;

| 14) | ‘vehicle repair and maintenance information’ means all information required for diagnosis, servicing, inspection, periodic monitoring, repair, re-programming or re-initialising of the vehicle and which the manufacturers provide for their authorised dealers and repairers, including all subsequent amendments and supplements to such information. This information includes all information required for fitting parts or equipment on vehicles; |
| --- | --- |

14)

‘vehicle repair and maintenance information’ means all information required for diagnosis, servicing, inspection, periodic monitoring, repair, re-programming or re-initialising of the vehicle and which the manufacturers provide for their authorised dealers and repairers, including all subsequent amendments and supplements to such information. This information includes all information required for fitting parts or equipment on vehicles;

| 15) | ‘independent operator’ means undertakings other than authorised dealers and repairers which are directly or indirectly involved in the repair and maintenance of motor vehicles, in particular repairers, manufacturers or distributors of repair equipment, tools or spare parts, publishers of technical information, automobile clubs, roadside assistance operators, operators offering inspection and testing services, operators offering training for installers, manufacturers and repairers of equipment for alternative fuel vehicles; |
| --- | --- |

15)

‘independent operator’ means undertakings other than authorised dealers and repairers which are directly or indirectly involved in the repair and maintenance of motor vehicles, in particular repairers, manufacturers or distributors of repair equipment, tools or spare parts, publishers of technical information, automobile clubs, roadside assistance operators, operators offering inspection and testing services, operators offering training for installers, manufacturers and repairers of equipment for alternative fuel vehicles;

| 16) | ‘biofuels’ means liquid or gaseous fuels for transport, produced from biomass; |
| --- | --- |

16)

‘biofuels’ means liquid or gaseous fuels for transport, produced from biomass;

| 17) | ‘alternative fuel vehicle’ means a vehicle designed to be capable of running on at least one type of fuel that is either gaseous at atmospheric temperature and pressure, or substantially non-mineral oil derived. |
| --- | --- |

17)

‘alternative fuel vehicle’ means a vehicle designed to be capable of running on at least one type of fuel that is either gaseous at atmospheric temperature and pressure, or substantially non-mineral oil derived.

CHAPTER II

Manufacturers' type-approval obligations

Article 4

Manufacturers' obligations

1.   Manufacturers shall demonstrate that all new vehicles sold, registered or put into service in the Community are type approved in accordance with this Regulation and its implementing measures. Manufacturers shall also demonstrate that all new replacement pollution control devices requiring type approval which are sold or put into service in the Community are type approved in accordance with this Regulation and its implementing measures.

These obligations include meeting the emission limits set out in Annex I and the implementing measures referred to in Article 5.

2.   Manufacturers shall ensure that type approval procedures for verifying conformity of production, durability of pollution control devices and in-service conformity are met.

In addition, the technical measures taken by the manufacturer must be such as to ensure that the tailpipe and evaporative emissions are effectively limited, pursuant to this Regulation, throughout the normal life of the vehicles under normal conditions of use. Therefore, in-service conformity measures shall be checked for a period of up to 5 years or 100 000 km, whichever is the sooner. Durability testing of pollution control devices undertaken for type approval shall cover 160 000 km. To comply with this durability test, the manufacturers should have the possibility to make use of test bench ageing, subject to the implementing measures referred to in paragraph 4.

In-service conformity shall be checked, in particular, for tailpipe emissions as tested against emission limits set out in Annex I. In order to improve control of evaporative emissions and low ambient temperature emissions, the test procedures shall be reviewed by the Commission.

3.   Manufacturers shall set out carbon dioxide emissions and fuel consumption figures in a document given to the purchaser of the vehicle at the time of purchase.

4.   The specific procedures and requirements for the implementation of paragraphs 2 and 3 shall be established in accordance with the procedure referred to in Article 15(2).

Article 5

Requirements and tests

1.   The manufacturer shall equip vehicles so that the components likely to affect emissions are designed, constructed and assembled so as to enable the vehicle, in normal use, to comply with this Regulation and its implementing measures.

2.   The use of defeat devices that reduce the effectiveness of emission control systems shall be prohibited. The prohibition shall not apply where:

| (a) | the need for the device is justified in terms of protecting the engine against damage or accident and for safe operation of the vehicle; |
| --- | --- |

(a)

the need for the device is justified in terms of protecting the engine against damage or accident and for safe operation of the vehicle;

| (b) | the device does not function beyond the requirements of engine starting; or |
| --- | --- |

(b)

the device does not function beyond the requirements of engine starting; or

| (c) | the conditions are substantially included in the test procedures for verifying evaporative emissions and average tailpipe emissions. |
| --- | --- |

(c)

the conditions are substantially included in the test procedures for verifying evaporative emissions and average tailpipe emissions.

3.   The specific procedures, tests and requirements for type approval set out in this paragraph, as well as requirements for the implementation of paragraph 2, which are designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 15(3). This shall include establishing the requirements relating to:

| (a) | tailpipe emissions, including test cycles, low ambient temperature emissions, emissions at idling speed, smoke opacity and correct functioning and regeneration of after-treatment systems; |
| --- | --- |

(a)

tailpipe emissions, including test cycles, low ambient temperature emissions, emissions at idling speed, smoke opacity and correct functioning and regeneration of after-treatment systems;

| (b) | evaporative emissions and crankcase emissions; |
| --- | --- |

(b)

evaporative emissions and crankcase emissions;

| (c) | OBD systems and in-use performance of pollution control devices; |
| --- | --- |

(c)

OBD systems and in-use performance of pollution control devices;

| (d) | durability of pollution control devices, replacement pollution control devices, in-service conformity, conformity of production and roadworthiness; |
| --- | --- |

(d)

durability of pollution control devices, replacement pollution control devices, in-service conformity, conformity of production and roadworthiness;

| (e) | measurement of greenhouse gas emissions and fuel consumption; |
| --- | --- |

(e)

measurement of greenhouse gas emissions and fuel consumption;

| (f) | hybrid vehicles and alternative fuel vehicles; |
| --- | --- |

(f)

hybrid vehicles and alternative fuel vehicles;

| (g) | extension of type approvals and requirements for small volume manufacturers; |
| --- | --- |

(g)

extension of type approvals and requirements for small volume manufacturers;

| (h) | test equipment; and |
| --- | --- |

(h)

test equipment; and

| (i) | reference fuels, such as petrol, diesel, gaseous fuels and biofuels, such as bioethanol, biodiesel and biogas. |
| --- | --- |

(i)

reference fuels, such as petrol, diesel, gaseous fuels and biofuels, such as bioethanol, biodiesel and biogas.

The above requirements shall, where relevant, apply to vehicles regardless of the type of fuel by which they are powered.

CHAPTER III

Access to vehicle repairand maintenance information

Article 6

Manufacturers' obligations

1.   Manufacturers shall provide unrestricted and standardised access to vehicle repair and maintenance information to independent operators through websites using a standardised format in a readily accessible and prompt manner, and in a manner which is non-discriminatory compared to the provision given or access granted to authorised dealers and repairers. With a view to facilitating the achievement of this objective, the information shall be submitted in a consistent manner, initially in accordance with the technical requirements of the OASIS format (23). Manufacturers shall also make training material available to independent operators and authorised dealers and repairers.

2.   The information referred to in paragraph 1 shall include:

| (a) | an unequivocal vehicle identification; |
| --- | --- |

(a)

an unequivocal vehicle identification;

| (b) | service handbooks; |
| --- | --- |

(b)

service handbooks;

| (c) | technical manuals; |
| --- | --- |

(c)

technical manuals;

| (d) | component and diagnosis information (such as minimum and maximum theoretical values for measurements); |
| --- | --- |

(d)

component and diagnosis information (such as minimum and maximum theoretical values for measurements);

| (e) | wiring diagrams; |
| --- | --- |

(e)

wiring diagrams;

| (f) | diagnostic trouble codes (including manufacturer specific codes); |
| --- | --- |

(f)

diagnostic trouble codes (including manufacturer specific codes);

| (g) | the software calibration identification number applicable to a vehicle type; |
| --- | --- |

(g)

the software calibration identification number applicable to a vehicle type;

| (h) | information provided concerning, and delivered by means of, proprietary tools and equipment; and |
| --- | --- |

(h)

information provided concerning, and delivered by means of, proprietary tools and equipment; and

| (i) | data record information and two-directional monitoring and test data. |
| --- | --- |

(i)

data record information and two-directional monitoring and test data.

3.   Authorised dealers or repairers within the distribution system of a given vehicle manufacturer shall be regarded as independent operators for the purposes of this Regulation to the extent that they provide repair or maintenance services for vehicles in respect of which they are not members of the vehicle manufacturer's distribution system.

4.   The vehicle repair and maintenance information shall always be available, except as required for maintenance purposes of the information system.

5.   For the purposes of manufacture and servicing of OBD-compatible replacement or service parts and diagnostic tools and test equipment, manufacturers shall provide the relevant OBD and vehicle repair and maintenance information on a non-discriminatory basis to any interested component, diagnostic tools or test equipment manufacturer or repairer.

6.   For the purposes of the design and manufacture of automotive equipment for alternative fuel vehicles, manufacturers shall provide the relevant OBD and vehicle repair and maintenance information on a non-discriminatory basis to any interested manufacturer, installer or repairer of equipment for alternative fuel vehicles.

7.   When applying for EC type approval or national type approval, the manufacturer shall provide the type approval authority with proof of compliance with this Regulation relating to access to vehicle repair and maintenance information and to the information referred to in paragraph 5. In the event that such information is not yet available, or does not yet conform to this Regulation and its implementing measures at that point in time, the manufacturer shall provide it within six months from the date of type approval. If such proof of compliance is not provided within that period, the approval authority shall take appropriate measures to ensure compliance.

The manufacturer shall make subsequent amendments and supplements to vehicle repair and maintenance information available on its websites at the same time they are made available to authorised repairers.

Article 7

Fees for access to vehicle repair and maintenance information

1.   Manufacturers may charge reasonable and proportionate fees for access to vehicle repair and maintenance information covered by this Regulation; a fee is not reasonable or proportionate if it discourages access by failing to take into account the extent to which the independent operator uses it.

2.   Manufacturers shall make available vehicle repair and maintenance information on a daily, monthly, and yearly basis, with fees for access to such information varying in accordance with the respective periods of time for which access is granted.

Article 8

Implementing measures

The measures necessary for implementation of Articles 6 and 7, which are designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 15(3). This shall include the definition and updating of technical specifications relating to the way in which OBD and vehicle repair and maintenance information shall be provided, with special attention being paid to the specific needs of SMEs.

Article 9

Report

Not later than ... (*), the Commission shall present to the European Parliament and to the Council a report on the operation of the system of access to vehicle repair and maintenance information, with particular consideration being given to the effect on competition and the operation of the internal market and the environmental benefits. The report shall consider whether it would be appropriate to consolidate all provisions governing access to vehicle repair and maintenance information within a revised framework directive on type approval.

CHAPTER IV

Obligations of Member States

Article 10

Type approval

1.   With effect from ... (**), if a manufacturer so requests, the national authorities may not, on grounds relating to emissions or fuel consumption of vehicles, refuse to grant EC type approval or national type approval for a new type of vehicle, or prohibit the registration, sale or entry into service of a new vehicle, where the vehicle concerned complies with this Regulation and its implementing measures, and in particular with the Euro 5 limit values set out in Table 1 of Annex I or with the Euro 6 limit values set out in Table 2 of Annex I.

2.   With effect from 1 September 2009, and from 1 September 2010 in the case of category N1 class II and III and category N2 vehicles, the national authorities shall refuse, on grounds relating to emissions or fuel consumption, to grant EC type approval or national type approval for new types of vehicle which do not comply with this Regulation and its implementing measures, and in particular with the Annexes, with the exception of the Euro 6 limit values set out in Table 2 of Annex I. For the test on tailpipe emissions, the limit values applied to vehicles designed to fulfil specific social needs shall be the same as for category N1 class III vehicles.

3.   With effect from 1 January 2011, and from 1 January 2012 in the case of category N1 class II and III and category N2 vehicles and vehicles designed to fulfil specific social needs, national authorities shall, in the case of new vehicles which do not comply with this Regulation and its implementing measures, and in particular with the Annexes with the exception of the Euro 6 limit values set out in Table 2 of Annex I, consider certificates of conformity to be no longer valid for the purposes of Article 7(1) of Directive 70/156/EEC and shall, on grounds relating to emissions or fuel consumption, prohibit the registration, sale or entry into service of such vehicles. For the test on tailpipe emissions, the limit values applied to vehicles designed to fulfil specific social needs shall be the same as for category N1 class III vehicles.

4.   With effect from 1 September 2014, and from 1 September 2015 in the case of category N1 class II and III and category N2 vehicles, the national authorities shall refuse, on grounds relating to emissions or fuel consumption, to grant EC type approval or national type approval for new types of vehicle which do not comply with this Regulation and its implementing measures, and in particular with the Euro 6 limit values set out in Table 2 of Annex I.

5.   With effect from 1 September 2015, and from 1 September 2016 in the case of category N1 class II and III and category N2 vehicles, national authorities shall, in the case of new vehicles which do not comply with this Regulation and its implementing measures, and in particular with the Euro 6 limit values set out in Table 2 of Annex I, consider certificates of conformity to be no longer valid for the purposes of Article 7(1) of Directive 70/156/EEC and shall, on grounds relating to emissions or fuel consumption, prohibit the registration, sale or entry into service of such vehicles.

Article 11

Type approval of replacement parts

1.   For new replacement pollution control devices intended to be fitted on vehicles approved under this Regulation, national authorities shall prohibit their sale or installation on a vehicle if they are not of a type in respect of which a type approval has been granted in compliance with this Regulation and its implementing measures.

2.   National authorities may continue to grant extensions to EC type approvals for replacement pollution control devices intended for standards preceding this Regulation under the terms which originally applied. National authorities shall prohibit the sale or installation on a vehicle of such replacement pollution control devices unless they are of a type in respect of which a relevant type approval has been granted.

3.   Replacement pollution control devices intended to be fitted on vehicles type approved prior to the adoption of component type approval requirements are exempt from the requirements of paragraphs 1 and 2.

Article 12

Financial incentives

1.   Member States may make provision for financial incentives that apply to vehicles in series production which comply with this Regulation and its implementing measures.

Those incentives shall be valid for all new vehicles offered for sale on the market of a Member State which comply at least with the emission limit values in Table 1 of Annex I in advance of the dates set out in Article 10(3); they shall cease on those dates.

Financial incentives that apply exclusively to vehicles which comply with the emission limit values in Table 2 of Annex I may be granted for such new vehicles offered for sale on the market of a Member State from the dates set out in Article 10(3) in advance of the dates set out in Article 10(5); they shall cease on the dates set out in Article 10(5).

2.   Member States may grant financial incentives for the retrofitting of in-use vehicles and for scrapping vehicles which do not comply.

3.   For each type of vehicle, the financial incentives referred to in paragraphs 1 and 2 shall not exceed the additional cost of the technical devices introduced to ensure compliance with the emission limits specified in Annex I, including the cost of installation on the vehicle.

4.   The Commission shall be informed in sufficient time of plans to institute or change the financial incentives referred to in paragraphs 1 and 2.

Article 13

Penalties

1.   Member States shall lay down the provisions on penalties applicable for infringement by manufacturers of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by ... (***) and shall notify it without delay of any subsequent amendment affecting them.

2.   The types of infringements which are subject to a penalty shall include:

| (a) | making false declarations during the approval procedures or procedures leading to a recall; |
| --- | --- |

(a)

making false declarations during the approval procedures or procedures leading to a recall;

| (b) | falsifying test results for type approval or in-service conformity; |
| --- | --- |

(b)

falsifying test results for type approval or in-service conformity;

| (c) | withholding data or technical specifications which could lead to recall or withdrawal of type approval; |
| --- | --- |

(c)

withholding data or technical specifications which could lead to recall or withdrawal of type approval;

| (d) | use of defeat devices; and |
| --- | --- |

(d)

use of defeat devices; and

| (e) | refusal to provide access to information. |
| --- | --- |

(e)

refusal to provide access to information.

CHAPTER V

Final provisions

Article 14

Redefinition of Specifications

1.   The Commission shall consider including methane emissions in the calculation of carbon dioxide emissions. If necessary, the Commission shall present a proposal to the European Parliament and the Council with measures to account for, or limit, methane emissions.

2.   After the completion of the UN/ECE Particulate Measurement Programme, conducted under the auspices of the World Forum for Harmonisation of Vehicle Regulations, and at the latest upon entry into force of Euro 6, the Commission shall adopt the following measures, which are designed to amend non-essential elements of this Regulation, inter alia by supplementing it, without lowering the existing ambition level with regard to the environment:

| (a) | amendment of this Regulation in accordance with the regulatory procedure with scrutiny referred to in Article 15(3) for the purpose of recalibrating the particulate mass based limit values set out in Annex I to this Regulation, and introducing particle number based limit values in that Annex so that they correlate broadly with the petrol and diesel mass limit values; |
| --- | --- |

(a)

amendment of this Regulation in accordance with the regulatory procedure with scrutiny referred to in Article 15(3) for the purpose of recalibrating the particulate mass based limit values set out in Annex I to this Regulation, and introducing particle number based limit values in that Annex so that they correlate broadly with the petrol and diesel mass limit values;

| (b) | adoption of a revised measurement procedure for particulates and a particle number limit value, in accordance with the regulatory procedure with scrutiny referred to in Article 15(3). |
| --- | --- |

(b)

adoption of a revised measurement procedure for particulates and a particle number limit value, in accordance with the regulatory procedure with scrutiny referred to in Article 15(3).

3.   The Commission shall keep under review the procedures, tests and requirements referred to in Article 5(3) as well as the test cycles used to measure emissions. If the review finds that these are no longer adequate or no longer reflect real world emissions, they shall be adapted so as to adequately reflect the emissions generated by real driving on the road. The necessary measures, which are designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 15(3).

4.   The Commission shall keep under review the pollutants subject to the requirements and tests referred to in Article 5(3). If the Commission concludes that it is appropriate to regulate the emissions of additional pollutants it shall present a proposal to the European Parliament and to the Council to amend this Regulation accordingly.

5.   The Commission shall review the emission limits set out in Table 4 of Annex I for the carbon monoxide and hydrocarbon tailpipe emissions after a cold start test and shall present, as appropriate, a proposal to the European Parliament and to the Council with a view to tightening the emission limits.

6.   The relevant Annexes of Directive 2005/55/EC shall be amended in accordance with the regulatory procedure with scrutiny referred to in Article 15(3) so that they contain requirements for the type approval of all vehicles covered by the scope of that Directive.

Article 15

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.   Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 16

Amendments to Directives 70/156/EEC and 2005/55/EC

1.   Directive 70/156/EEC shall be amended in accordance with Annex II to this Regulation.

2.   Directive 2005/55/EC is hereby amended as follows:

| (a) | The title shall be replaced by the following:
  ‘Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 on type approval of heavy duty vehicles and engines with respect to their emissions (Euro IV and V)’ |
| --- | --- |

(a)

The title shall be replaced by the following:

‘Directive 2005/55/EC of the European Parliament and of the Council of 28 September 2005 on type approval of heavy duty vehicles and engines with respect to their emissions (Euro IV and V)’

| (b) | Article 1 shall be replaced by the following:
  ‘Article 1
  For the purposes of this Directive the following definitions shall apply:






  (a) | “vehicle” means any motor vehicle as defined in Article 2 of Directive 70/156/EEC with a reference mass exceeding 2 610 kg; |
| --- | --- | --- |

(b)

Article 1 shall be replaced by the following:

‘Article 1

For the purposes of this Directive the following definitions shall apply:

(a)

“vehicle” means any motor vehicle as defined in Article 2 of Directive 70/156/EEC with a reference mass exceeding 2 610 kg;

| (b) | “engine” means the motive propulsion source of a vehicle for which type-approval as a separate technical unit, as defined in Article 2 of Directive 70/156/EEC, may be granted; |
| --- | --- |

(b)

“engine” means the motive propulsion source of a vehicle for which type-approval as a separate technical unit, as defined in Article 2 of Directive 70/156/EEC, may be granted;

| (c) | “enhanced environment-friendly vehicle (EEV)” means a vehicle propelled by an engine which complies with the permissive emission limit values set out in row C of the tables in Section 6.2.1 of Annex I.’ |
| --- | --- |

(c)

“enhanced environment-friendly vehicle (EEV)” means a vehicle propelled by an engine which complies with the permissive emission limit values set out in row C of the tables in Section 6.2.1 of Annex I.’

| (c) | Section 1 of Annex I shall be replaced by the following:






  ‘1. | This Directive applies to the control of gaseous and particulate pollutants, useful life of emission control devices, conformity of in-service vehicles/engines and on-board diagnostic (OBD) systems of all motor vehicles, and to engines as specified in Article 1 with the exception of those vehicles of category M1, N1, N2 and M2 for which type-approval has been granted under Regulation (EC) No .../... (1). |
| --- | --- | --- |

(c)

Section 1 of Annex I shall be replaced by the following:

‘1.

This Directive applies to the control of gaseous and particulate pollutants, useful life of emission control devices, conformity of in-service vehicles/engines and on-board diagnostic (OBD) systems of all motor vehicles, and to engines as specified in Article 1 with the exception of those vehicles of category M1, N1, N2 and M2 for which type-approval has been granted under Regulation (EC) No .../... (1).

(1)  OJ: Please insert title of this Regulation and the corresponding footnote.’"

Article 17

Repeal

1.   The following Directives shall be repealed with effect from ... (****):

| — | Directive 70/220/EEC, |
| --- | --- |

—

Directive 70/220/EEC,

| — | Directive 72/306/EEC, |
| --- | --- |

—

Directive 72/306/EEC,

| — | Directive 74/290/EEC, |
| --- | --- |

—

Directive 74/290/EEC,

| — | Directive 77/102/EEC, |
| --- | --- |

—

Directive 77/102/EEC,

| — | Directive 78/665/EEC, |
| --- | --- |

—

Directive 78/665/EEC,

| — | Directive 80/1268/EEC, |
| --- | --- |

—

Directive 80/1268/EEC,

| — | Directive 83/351/EEC, |
| --- | --- |

—

Directive 83/351/EEC,

| — | Directive 88/76/EEC, |
| --- | --- |

—

Directive 88/76/EEC,

| — | Directive 88/436/EEC, |
| --- | --- |

—

Directive 88/436/EEC,

| — | Directive 89/458/EEC, |
| --- | --- |

—

Directive 89/458/EEC,

| — | Directive 91/441/EEC, |
| --- | --- |

—

Directive 91/441/EEC,

| — | Directive 93/59/EEC, |
| --- | --- |

—

Directive 93/59/EEC,

| — | Directive 93/116/EC, |
| --- | --- |

—

Directive 93/116/EC,

| — | Directive 94/12/EC, |
| --- | --- |

—

Directive 94/12/EC,

| — | Directive 96/44/EC, |
| --- | --- |

—

Directive 96/44/EC,

| — | Directive 96/69/EC, |
| --- | --- |

—

Directive 96/69/EC,

| — | Directive 98/69/EC, |
| --- | --- |

—

Directive 98/69/EC,

| — | Directive 98/77/EC, |
| --- | --- |

—

Directive 98/77/EC,

| — | Directive 1999/100/EC, |
| --- | --- |

—

Directive 1999/100/EC,

| — | Directive 1999/102/EC, |
| --- | --- |

—

Directive 1999/102/EC,

| — | Directive 2001/1/EC, |
| --- | --- |

—

Directive 2001/1/EC,

| — | Directive 2001/100/EC, |
| --- | --- |

—

Directive 2001/100/EC,

| — | Directive 2002/80/EC, |
| --- | --- |

—

Directive 2002/80/EC,

| — | Directive 2003/76/EC, |
| --- | --- |

—

Directive 2003/76/EC,

| — | Directive 2004/3/EC. |
| --- | --- |

—

Directive 2004/3/EC.

2.   Annexes II and V of Commission Directive 89/491/EEC of 17 July 1989 adapting to technical progress Council Directives 70/157/EEC, 70/220/EEC, 72/245/EEC, 72/306/EEC, 80/1268/EEC and 80/1269/EEC relating to motor vehicles (24) shall be deleted with effect from ... (****).

3.   References made to the repealed Directives shall be construed as being made to this Regulation.

4.   Member States shall repeal their implementing legislation adopted under the Directives referred to in paragraph 1 with effect from ... (****).

Article 18

Entry into force

1.   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

2.   This Regulation shall apply from ... (*****), with the exception of Articles 10(1) and 12 which shall apply from ... (******).

3.   The amendments or implementing measures referred to in Article 5(3) and Article 14(6) shall be adopted by ... (*******).

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ..., ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 318, 22.12.2006, p. 62.

1

(2)  Position of the European Parliament of 13 December 2006.

2

(3)  OJ L 42, 23.2.1970, p. 1. Directive as last amended by Directive 2006/40/EC (OJ L 161, 14.6.2006, p. 12).

3

(4)  Organisation for the Advancement of Structured Information Standards.

4

(5)  Council Directive 70/220/EEC of 20 March 1970 on the approximation of the laws of the Member States on measures to be taken against air pollution by emissions from motor vehicles (OJ L 76, 6.4.1970, p. 1). Directive as last amended by Commission Directive 2003/76/EC (OJ L 206, 15.8.2003, p. 29).

5

(6)  Council Directive 72/306/EEC of 2 August 1972 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use in vehicles (OJ L 190, 20.8.1972, p. 1).

6

(7)  Council Directive 74/290/EEC of 28 May 1974 adapting to technical progress Council Directive No 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by gases from positive-ignition engines of motor vehicles (OJ L 159, 15.6.1974, p. 61). Directive as amended by Directive 2006/101/EC (OJ L 363, 20.12.2006, p. 238).

7

(8)  Council Directive 80/1268/EEC of 16 December 1980 relating to the carbon dioxide emissions and the fuel consumption of motor vehicles (OJ L 375, 31.12.1980, p. 36). Directive as last amended by Directive 2004/3/EC of the European Parliament and of the Council (OJ L 49, 19.2.2004, p. 36).

8

(9)  Council Directive 83/351/EEC of 16 June 1983 amending Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by gases from positive-ignition engines of motor vehicles (OJ L 197, 20.7.1983, p. 1).

9

(10)  Council Directive 88/76/EEC of 3 December 1987 amending Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by gases from the engines of motor vehicles (OJ L 36, 9.2.1988, p. 1).

10

(11)  Council Directive 88/436/EEC of 16 June 1988 amending Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by gases from engines of motor vehicles (Restriction of particulate pollutant emissions from diesel engines) (OJ L 214, 6.8.1988, p. 1).

11

(12)  Council Directive 89/458/EEC of 18 July 1989 amending with regard to European emission standards for cars below 1,4 litres Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by emissions from motor vehicles (OJ L 226, 3.8.1989, p. 1).

12

(13)  Council Directive 91/441/EEC of 26 June 1991 amending Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by emissions from motor vehicles (OJ L 242, 30.8.1991, p. 1).

13

(14)  Council Directive 93/59/EEC of 28 June 1993 amending Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by emissions from motor vehicles (OJ L 186, 28.7.1993, p. 21).

14

(15)  Directive 94/12/EC of the European Parliament and the Council of 23 March 1994 relating to measures to be taken against air pollution by emissions from motor vehicles (OJ L 100, 19.4.1994, p. 42).

15

(16)  Directive 96/69/EC of the European Parliament and of the Council of 8 October 1996 amending Directive 70/220/EEC on the approximation of the laws of the Member States relating to measures to be taken against air pollution by emissions from motor vehicles (OJ L 282, 1.11.1996, p. 64).

16

(17)  Directive 98/69/EC of the European Parliament and of the Council of 13 October 1998 relating to measures to be taken against air pollution by emissions from motor vehicles (OJ L 350, 28.12.1998, p. 1).

17

(18)  Directive 2001/1/EC of the European Parliament and of the Council of 22 January 2001 amending Council Directive 70/220/EEC concerning measures to be taken against air pollution by emissions from motor vehicles (OJ L 35, 6.2.2001, p. 34).

18

(19)  Directive 2001/100/EC of the European Parliament and of the Council of 7 December 2001 amending Council Directive 70/220/EEC on the approximation of the laws of the Member States on measures to be taken against air pollution by emissions from motor vehicles (OJ L 16, 18.1.2002, p. 32).

19

(20)  Directive 2004/3/EC of the European Parliament and of the Council of 11 February 2004 amending Council Directives 70/156/EEC and 80/1268/EEC as regards the measurement of carbon dioxide emissions and fuel consumption of N1 vehicles (OJ L 49, 19.2.2004, p. 36).

20

1

(21)  OJ L 275, 20.10.2005, p. 1. Directive as last amended by Commission Directive 2006/51/EC (OJ L 152, 7.6.2006, p. 11).

21

(22)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

22

(23)  The ‘OASIS format’ refers to the technical specifications of OASIS Document SC2-D5, Format of Automotive Repair Information, version 1.0, 28 May 2003 (available at: http://www.oasis-open.org/committees/download.php/2412/Draft%20Committee%20Specification.pdf) and of Sections 3.2, 3.5, 3.6, 3.7 and 3.8 of OASIS Document SC1-D2, Autorepair Requirements Specification, version 6.1, dated 10.1.2003 (available at: http://lists.oasis-open.org/archives/autorepair/200302/pdf00005.pdf), using only open text and graphic formats.

23

(*)  Four years after the date of entry into force of this Regulation.

*

(**)  Date of entry into force of this Regulation.

**

(***)  Eighteen months after the date of entry into force of this Regulation.

***

(****)  66 months from the date of entry into force of this Regulation.

****

(24)  OJ L 238, 15.8.1989, p. 43.

24

(*****)  18 months + 1 day after the date of entry into force of this Regulation.

*****

(******)  Date of entry into force of this Regulation.

******

(*******)  12 months after the date of entry into force of this Regulation.

*******

ANNEX I

EMISSION LIMITS

Table 1: Euro 5 Emission Limits

| | Reference mass
  (RM)
  (kg) | Limit values |
| --- | --- | --- |
| Mass of carbon monoxide
  (CO) | Mass of total hydrocarbons
  (THC) | Mass of non-methane hydrocarbons
  (NMHC) | Mass of oxides of nitrogen
  (NOx) | Combined mass of total hydrocarbons and oxides of nitrogen
  (THC + NOx) | Mass of particulate matter
  (PM) | Number of particles (1)

  (P) |
| L1

  (mg/km) | L2

  (mg/km) | L3

  (mg/km) | L4

  (mg/km) | L2 + L4

  (mg/km) | L5

  (mg/km) | L6

  (#/km) |
| Category | Class | | PI | CI | PI | CI | PI | CI | PI | CI | PI | CI | PI (2) | CI | PI | CI |
| M | — | All | 1 000 | 500 | 100 | — | 68 | — | 60 | 180 | — | 230 | 5,0 | 5,0 | | |
| N1 | I | RM ≤ 1 305 | 1 000 | 500 | 100 | — | 68 | — | 60 | 180 | — | 230 | 5,0 | 5,0 | | |
| II | 1 305  < RM ≤ 1 760 | 1 810 | 630 | 130 | — | 90 | — | 75 | 235 | — | 295 | 5,0 | 5,0 | | |
| III | 1 760  < RM | 2 270 | 740 | 160 | — | 108 | — | 82 | 280 | — | 350 | 5,0 | 5,0 | | |
| N2 | | | 2 270 | 740 | 160 | — | 108 | — | 82 | 280 | — | 350 | 5,0 | 5,0 | | |
| Key: PI = Positive Ignition, CI = Compression Ignition. |

Reference mass

(RM)

(kg)

Limit values

Mass of carbon monoxide

(CO)

Mass of total hydrocarbons

(THC)

Mass of non-methane hydrocarbons

(NMHC)

Mass of oxides of nitrogen

(NOx)

Combined mass of total hydrocarbons and oxides of nitrogen

(THC + NOx)

Mass of particulate matter

(PM)

Number of particles (1)

(P)

L1

(mg/km)

L2

(mg/km)

L3

(mg/km)

L4

(mg/km)

L2 + L4

(mg/km)

L5

(mg/km)

L6

(#/km)

Category

Class

PI

CI

PI

CI

PI

CI

PI

CI

PI

CI

PI (2)

CI

PI

CI

M

—

All

1 000

500

100

—

68

—

60

180

—

230

5,0

5,0

N1

I

RM ≤ 1 305

1 000

500

100

—

68

—

60

180

—

230

5,0

5,0

II

1 305  < RM ≤ 1 760

1 810

630

130

—

90

—

75

235

—

295

5,0

5,0

III

1 760  < RM

2 270

740

160

—

108

—

82

280

—

350

5,0

5,0

N2

2 270

740

160

—

108

—

82

280

—

350

5,0

5,0

Key: PI = Positive Ignition, CI = Compression Ignition.

Table 2: Euro 6 Emission Limits

| | Reference mass
  (RM)
  (kg) | Limit values |
| --- | --- | --- |
| Mass of carbon monoxide
  (CO) | Mass of total hydrocarbons
  (THC) | Mass of non-methane hydrocarbons
  (NMHC) | Mass of oxides of nitrogen
  (NOx) | Combined mass of total hydrocarbons and oxides of nitrogen
  (THC + NOx) | Mass of particulate matter
  (PM) | Number of particles (3)

  (P) |
| L1

  (mg/km) | L2

  (mg/km) | L3

  (mg/km) | L4

  (mg/km) | L2 + L4

  (mg/km) | L5

  (mg/km) | L6

  (#/km) |
| Category | Class | | PI | CI | PI | CI | PI | CI | PI | CI | PI | CI | PI (4) | CI | PI | CI |
| M | — | All | 1 000 | 500 | 100 | — | 68 | — | 60 | 80 | — | 170 | 5,0 | 5,0 | | |
| N1 | I | RM ≤ 1 305 | 1 000 | 500 | 100 | — | 68 | — | 60 | 80 | — | 170 | 5,0 | 5,0 | | |
| II | 1 305  < RM ≤ 1 760 | 1 810 | 630 | 130 | — | 90 | — | 75 | 105 | — | 195 | 5,0 | 5,0 | | |
| III | 1 760  < RM | 2 270 | 740 | 160 | — | 108 | — | 82 | 125 | — | 215 | 5,0 | 5,0 | | |
| N2 | | | 2 270 | 740 | 160 | — | 108 | — | 82 | 125 | — | 215 | 5,0 | 5,0 | | |
| Key: PI = Positive Ignition, CI = Compression Ignition. |

Reference mass

(RM)

(kg)

Limit values

Mass of carbon monoxide

(CO)

Mass of total hydrocarbons

(THC)

Mass of non-methane hydrocarbons

(NMHC)

Mass of oxides of nitrogen

(NOx)

Combined mass of total hydrocarbons and oxides of nitrogen

(THC + NOx)

Mass of particulate matter

(PM)

Number of particles (3)

(P)

L1

(mg/km)

L2

(mg/km)

L3

(mg/km)

L4

(mg/km)

L2 + L4

(mg/km)

L5

(mg/km)

L6

(#/km)

Category

Class

PI

CI

PI

CI

PI

CI

PI

CI

PI

CI

PI (4)

CI

PI

CI

M

—

All

1 000

500

100

—

68

—

60

80

—

170

5,0

5,0

N1

I

RM ≤ 1 305

1 000

500

100

—

68

—

60

80

—

170

5,0

5,0

II

1 305  < RM ≤ 1 760

1 810

630

130

—

90

—

75

105

—

195

5,0

5,0

III

1 760  < RM

2 270

740

160

—

108

—

82

125

—

215

5,0

5,0

N2

2 270

740

160

—

108

—

82

125

—

215

5,0

5,0

Key: PI = Positive Ignition, CI = Compression Ignition.

Table 3: Emission Limit for the Evaporative Emissions Test

| Mass of Evaporative Emission (g/test) |
| --- |
| 2,0 |

Mass of Evaporative Emission (g/test)

2,0

Table 4: Emission Limit for the Carbon Monoxide and Hydrocarbon Tailpipe Emissions after a Cold Start Test

| Test temperature 266 K (– 7 °C) |
| --- |
| Vehicle Category | Class | Mass of carbon monoxide (CO)
  L1 (g/km) | Mass of hydrocarbons (HC)
  L2 (g/km) |
| M | — | 15 | 1,8 |
| N1 | I | 15 | 1,8 |
| II | 24 | 2,7 |
| III | 30 | 3,2 |
| N2 | | 30 | 3,2 |

Test temperature 266 K (– 7 °C)

Vehicle Category

Class

Mass of carbon monoxide (CO)

L1 (g/km)

Mass of hydrocarbons (HC)

L2 (g/km)

M

—

15

1,8

N1

I

15

1,8

II

24

2,7

III

30

3,2

N2

30

3,2

---

(1)  A number standard is to be defined as soon as possible and at the latest upon entry into force of Euro 6.

(2)  Positive ignition particulate mass standards apply only to vehicles with direct injection engines.

(3)  A number standard is to be defined for this stage.

(4)  Positive ignition particulate mass standards apply only to vehicles with direct injection engines.

ANNEX II

AMENDMENTS TO DIRECTIVE 70/156/EEC

Directive 70/156/EEC is hereby amended as follows:

| 1) | In Article 2 the following sentence shall be added after the last indent:
  ‘If reference is made in this Directive to a separate Directive or Regulation it shall also include their implementing acts.’; |
| --- | --- |

1)

In Article 2 the following sentence shall be added after the last indent:

‘If reference is made in this Directive to a separate Directive or Regulation it shall also include their implementing acts.’;

| 2) | The words ‘or Regulation’ shall be added after the words ‘separate Directive’ in the following provisions:
  Article 2, first indent; Article 2, ninth indent; Article 2, tenth indent; Article 2, fourteenth indent; Article 3(1); Article 3(4); Article 4(1)(c); Article 4(1)(d); Article 5(5); Article 6(3); Article 7(2); Article 13(4); Article 13(5); Annex I, first subparagraph; Annex III, Part III; Annex IV, Part II, first paragraph; Annex V Section 1(a); Annex V Section 1(b); Annex V Section 1(c); Annex VI, Side 2 of EC vehicle type-approval certificate; Annex VII(1), Section 4; Annex VII, footnote (1); Annex X, Section 2.1; Annex X, Section 3.3; Annex XI, Appendix 4, Meaning of letters: X; Annex XII, Section B(2); Annex XIV, Section 2(a); Annex XIV, Section 2(c); Annex XIV, Section 2(d); |
| --- | --- |

2)

The words ‘or Regulation’ shall be added after the words ‘separate Directive’ in the following provisions:

Article 2, first indent; Article 2, ninth indent; Article 2, tenth indent; Article 2, fourteenth indent; Article 3(1); Article 3(4); Article 4(1)(c); Article 4(1)(d); Article 5(5); Article 6(3); Article 7(2); Article 13(4); Article 13(5); Annex I, first subparagraph; Annex III, Part III; Annex IV, Part II, first paragraph; Annex V Section 1(a); Annex V Section 1(b); Annex V Section 1(c); Annex VI, Side 2 of EC vehicle type-approval certificate; Annex VII(1), Section 4; Annex VII, footnote (1); Annex X, Section 2.1; Annex X, Section 3.3; Annex XI, Appendix 4, Meaning of letters: X; Annex XII, Section B(2); Annex XIV, Section 2(a); Annex XIV, Section 2(c); Annex XIV, Section 2(d);

| 3) | The words ‘or Regulations’ shall be added after the words ‘separate Directives’ in the following provisions:
  Article 2, eight indent; Article 3(1); Article 3(2); Article 4(1)(a) first and second indents; Article 4(1)(b); Article 4(3); Article 5(4) third subparagraph; Article 5(6); Article 8(2); Article 8(2)(c); Article 9(2); Article 10(2); Article 11(1); Article 13(2); Article 14(1)(i); List of Annexes: title of Annex XIII; Annex I, first subparagraph; Annex IV, Part I, first and second lines; Annex IV, Part II, footnote (1) to the table; Annex V Section 1(b); Annex V Section 3; Annex V Section 3(a); Annex V Section 3(b); Annex VI, points 1 and 2; Annex VI, Side 2 of EC vehicle type-approval certificate; Annex X, Section 2.2; Annex X, Section 2.3.5; Annex X, Section 3.5; Annex XII, title; Annex XIV, Section 1.1; Annex XIV, Section 2(c); |
| --- | --- |

3)

The words ‘or Regulations’ shall be added after the words ‘separate Directives’ in the following provisions:

Article 2, eight indent; Article 3(1); Article 3(2); Article 4(1)(a) first and second indents; Article 4(1)(b); Article 4(3); Article 5(4) third subparagraph; Article 5(6); Article 8(2); Article 8(2)(c); Article 9(2); Article 10(2); Article 11(1); Article 13(2); Article 14(1)(i); List of Annexes: title of Annex XIII; Annex I, first subparagraph; Annex IV, Part I, first and second lines; Annex IV, Part II, footnote (1) to the table; Annex V Section 1(b); Annex V Section 3; Annex V Section 3(a); Annex V Section 3(b); Annex VI, points 1 and 2; Annex VI, Side 2 of EC vehicle type-approval certificate; Annex X, Section 2.2; Annex X, Section 2.3.5; Annex X, Section 3.5; Annex XII, title; Annex XIV, Section 1.1; Annex XIV, Section 2(c);

| 4) | The words ‘or Regulation’ shall be added after the word ‘Directive’ in the following provisions:
  Article 5(3) third subparagraph; Annex IV, Part I, footnote X to the table; Annex VI, Side 2 of EC vehicle type-approval certificate the heading of the tables; Annex VII(1) Section 2; Annex VII(1) Section 3; Annex VII(1) Section 4; Annex VIII, Sections 1, 2, 2.1, 2.2, and 3; Annex IX, Side 2 for complete or completed vehicles of category M1 points 45, 46.1 and 46.2; Annex IX, Side 2 for complete or completed vehicles of categories M2 and M3 points 45 and 46.1; Annex IX, Side 2 for complete or completed vehicles of categories N1, N2 and N3 points 45 and 46.1; Annex IX, Side 2 for incomplete vehicles of category M1 points 45 and 46.1; Annex IX, Side 2 for incomplete vehicles of categories M2 and M3 points 45 and 46.1; Annex IX, Side 2 for incomplete vehicles of categories N1, N2 and N3 points 45 and 46.1; Annex X, footnote 2; Annex X Section 1.2.2; Annex XI, Appendix 4, Meaning of letters: N/A; Annex XV, the heading of the table;
  The words ‘or Regulations’ shall be added after the word ‘Directives’ in the following provisions:
  Annex IX, Side 2 for complete or completed vehicles of category M1; Annex IX, Side 2 for complete or completed vehicles of categories M2 and M3; Annex IX, Side 2 for complete or completed vehicles of categories N1, N2 and N3; Annex IX, Side 2 for incomplete vehicles of category M1; Annex IX, Side 2 for incomplete vehicles of categories M2 and M3; Annex IX, Side 2 for incomplete vehicles of categories N1, N2 and N3; Annex XV; |
| --- | --- |

4)

The words ‘or Regulation’ shall be added after the word ‘Directive’ in the following provisions:

Article 5(3) third subparagraph; Annex IV, Part I, footnote X to the table; Annex VI, Side 2 of EC vehicle type-approval certificate the heading of the tables; Annex VII(1) Section 2; Annex VII(1) Section 3; Annex VII(1) Section 4; Annex VIII, Sections 1, 2, 2.1, 2.2, and 3; Annex IX, Side 2 for complete or completed vehicles of category M1 points 45, 46.1 and 46.2; Annex IX, Side 2 for complete or completed vehicles of categories M2 and M3 points 45 and 46.1; Annex IX, Side 2 for complete or completed vehicles of categories N1, N2 and N3 points 45 and 46.1; Annex IX, Side 2 for incomplete vehicles of category M1 points 45 and 46.1; Annex IX, Side 2 for incomplete vehicles of categories M2 and M3 points 45 and 46.1; Annex IX, Side 2 for incomplete vehicles of categories N1, N2 and N3 points 45 and 46.1; Annex X, footnote 2; Annex X Section 1.2.2; Annex XI, Appendix 4, Meaning of letters: N/A; Annex XV, the heading of the table;

The words ‘or Regulations’ shall be added after the word ‘Directives’ in the following provisions:

Annex IX, Side 2 for complete or completed vehicles of category M1; Annex IX, Side 2 for complete or completed vehicles of categories M2 and M3; Annex IX, Side 2 for complete or completed vehicles of categories N1, N2 and N3; Annex IX, Side 2 for incomplete vehicles of category M1; Annex IX, Side 2 for incomplete vehicles of categories M2 and M3; Annex IX, Side 2 for incomplete vehicles of categories N1, N2 and N3; Annex XV;

| 5) | In Article 8(2)(c) the words ‘or Regulation(s)’ shall be added after the word ‘Directive(s)’; |
| --- | --- |

5)

In Article 8(2)(c) the words ‘or Regulation(s)’ shall be added after the word ‘Directive(s)’;

| 6) | In Annex IV, part I, the heading of the table and point 2 shall be replaced by the following:

















  ‘Subject | Directive/Regulation number | Official Journal reference | Applicability |
| --- | --- | --- | --- | --- |
| M1 | M2 | M3 | N1 | N2 | N3 | O1 | O2 | O3 | O4 |
| 2. | Emissions/Access to information |

6)

In Annex IV, part I, the heading of the table and point 2 shall be replaced by the following:

‘Subject

Directive/Regulation number

Official Journal reference

Applicability

M1

M2

M3

N1

N2

N3

O1

O2

O3

O4

2.

Emissions/Access to information

.../.../EC

(EC) No .../...

L ..., ..., p. ...

X (10)

X (10)

X (10)

X (10)

| 7) | In Annex IV, part I, points 11 and 39 shall be deleted; |
| --- | --- |

7)

In Annex IV, part I, points 11 and 39 shall be deleted;

| 8) | In Annex VII(4) the words ‘or Regulation’ shall be added after the words ‘in the case of a Directive’; |
| --- | --- |

8)

In Annex VII(4) the words ‘or Regulation’ shall be added after the words ‘in the case of a Directive’;

| 9) | In Annex VII(5) the words ‘or Regulation’ shall be added after the words ‘the latest Directive’; |
| --- | --- |

9)

In Annex VII(5) the words ‘or Regulation’ shall be added after the words ‘the latest Directive’;

| 10) | In Annex XI, Appendix 1, the heading of the table and point 2 shall be replaced by the following:











  ‘Item | Subject | Directive/Regulation number | M1  ≤ 2 500 (1) kg | M1 > 2 500 (1) kg | M2 | M3 |
| --- | --- | --- | --- | --- | --- | --- | --- |
| 2 | Emissions/Access to information | .../.../EC
  (EC) No .../... | Q | G + Q | G + Q’ | |

10)

In Annex XI, Appendix 1, the heading of the table and point 2 shall be replaced by the following:

‘Item

Subject

Directive/Regulation number

M1  ≤ 2 500 (1) kg

M1 > 2 500 (1) kg

M2

M3

2

Emissions/Access to information

.../.../EC

(EC) No .../...

Q

G + Q

G + Q’

;

| 11) | In Annex XI, Appendix 1, points 11 and 39 shall be deleted; |
| --- | --- |

11)

In Annex XI, Appendix 1, points 11 and 39 shall be deleted;

| 12) | In Annex XI, Appendix 2, the heading of the table and point 2 shall be replaced by the following:

















  ‘Item | Subject | Directive/Regulation number | M1 | M2 | M3 | N1 | N2 | N3 | O1 | O2 | O3 | O4 |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| 2 | Emissions/Access to information | .../.../EC
  (EC) No .../... | A | A | | A | A’ | | | | | |

12)

In Annex XI, Appendix 2, the heading of the table and point 2 shall be replaced by the following:

‘Item

Subject

Directive/Regulation number

M1

M2

M3

N1

N2

N3

O1

O2

O3

O4

2

Emissions/Access to information

.../.../EC

(EC) No .../...

A

A

A

A’

;

| 13) | In Annex XI, Appendix 2, points 11 and 39 shall be deleted; |
| --- | --- |

13)

In Annex XI, Appendix 2, points 11 and 39 shall be deleted;

| 14) | In Annex XI, Appendix 3, the heading of the table and point 2 shall be replaced by the following:
















  ‘Item | Subject | Directive/Regulation number | M2 | M3 | N1 | N2 | N3 | O1 | O2 | O3 | O4 |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| 2 | Emissions/Access to information | .../.../EC
  (EC) No .../... | Q | | Q | Q’ | | | | | |

14)

In Annex XI, Appendix 3, the heading of the table and point 2 shall be replaced by the following:

‘Item

Subject

Directive/Regulation number

M2

M3

N1

N2

N3

O1

O2

O3

O4

2

Emissions/Access to information

.../.../EC

(EC) No .../...

Q

Q

Q’

;

| 15) | In Annex XI, Appendix 3, point 11 shall be deleted; |
| --- | --- |

15)

In Annex XI, Appendix 3, point 11 shall be deleted;

| 16) | In Annex XI, Appendix 4, the heading of the table and point 2 shall be replaced by the following:








  ‘Item | Subject | Directive/Regulation number | Mobile crane of category N |
| --- | --- | --- | --- | --- |
| 2 | Emissions/Access to information | .../.../EC
  (EC) No .../... | N/A’ |

16)

In Annex XI, Appendix 4, the heading of the table and point 2 shall be replaced by the following:

‘Item

Subject

Directive/Regulation number

Mobile crane of category N

2

Emissions/Access to information

.../.../EC

(EC) No .../...

N/A’

;

| 17) | In Annex XI, Appendix 4, point 11 shall be deleted. |
| --- | --- |

17)

In Annex XI, Appendix 4, point 11 shall be deleted.

---

(10)  For vehicles with a reference mass not exceeding 2 610 kg. At the manufacturer's request may apply to vehicles with a reference mass not exceeding 2 840 kg.’;

P6_TA(2006)0562

Financial contributions to the International Fund for Ireland (2007-2010) *

European Parliament legislative resolution on the proposal for a Council regulation concerning Community financial contributions to the International Fund for Ireland (2007-2010) (COM(2006)0564 — C6-0423/2006 — 2006/0194(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2006)0564) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2006)0564) (1),

| — | having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0423/2006), |
| --- | --- |

—

having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0423/2006),

| — | having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis, |
| --- | --- |

—

having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

| — | having regard to Rules 51 and 35 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 51 and 35 of its Rules of Procedure,

| — | having regard to the report of the Committee on Regional Development and the opinion of the Committee on Budgets (A6-0432/2006); |
| --- | --- |

—

having regard to the report of the Committee on Regional Development and the opinion of the Committee on Budgets (A6-0432/2006);

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

| 3. | Urges the Council, in considering the proposed change to the legal basis of the Commission proposal, to avoid any delay in the allocation of the International Fund for Ireland; |
| --- | --- |

3.

Urges the Council, in considering the proposed change to the legal basis of the Commission proposal, to avoid any delay in the allocation of the International Fund for Ireland;

| 4. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

4.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 5. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

5.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

| 6. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

6.

Instructs its President to forward its position to the Council and Commission.

Having regard to the Treaty establishing the European Community, and in particular
  Article 308
  thereof,

Having regard to the Treaty establishing the European Community, and in particular
  Article 159
  thereof,

(This amendment concerns the whole text.)

---

(1)  Not yet published in OJ.

P6_TA(2006)0563

Banana sector *

European Parliament legislative resolution on the proposal for a Council regulation amending Regulations (EEC) No 404/93, (EC) No 1782/2003 and (EC) No 247/2006 as regards the banana sector (COM(2006)0489 — C6-0339/2006 — 2006/0173(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2006)0489) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2006)0489) (1),

| — | having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0339/2006), |
| --- | --- |

—

having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0339/2006),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regûard to the report of the Committee on Agriculture and Rural Development and the opinions of the Committee on Budgets and the Committee on Regional Development (A6-0422/2006); |
| --- | --- |

—

having regûard to the report of the Committee on Agriculture and Rural Development and the opinions of the Committee on Budgets and the Committee on Regional Development (A6-0422/2006);

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Considers that the indicative financial reference amount given in the Commission proposal must be compatible with the ceiling of heading 2 of the new multi-annual financial framework (MFF) and observes that the annual amount will be decided within the annual budgetary procedure in accordance with point 38 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management of 17 May 2006 (2); |
| --- | --- |

2.

Considers that the indicative financial reference amount given in the Commission proposal must be compatible with the ceiling of heading 2 of the new multi-annual financial framework (MFF) and observes that the annual amount will be decided within the annual budgetary procedure in accordance with point 38 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management of 17 May 2006 (2);

| 3. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
| --- | --- |

3.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

| 4. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

4.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 5. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

5.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

| 6. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

6.

Instructs its President to forward its position to the Council and the Commission.

| (1) | Currently the regime for the banana sector is set out in Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organisation of the market in bananas. In particular the aid scheme for banana producers is based on principles which for other common market organisations have been substantially reformed. In order to better ensure a fair standard of living of the agricultural community in regions where bananas are produced, to better direct resources towards
  market-orientation of producers
  , to stabilise expenditure, to ensure the respect of the international obligations of the Community, to take adequately into account the particularities of the producing regions, to simplify the management of the regime and align it on the principles of the reformed common market organisations, it is necessary to amend this regime. |
| --- | --- |

(1)

Currently the regime for the banana sector is set out in Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organisation of the market in bananas. In particular the aid scheme for banana producers is based on principles which for other common market organisations have been substantially reformed. In order to better ensure a fair standard of living of the agricultural community in regions where bananas are produced, to better direct resources towards
  market-orientation of producers
  , to stabilise expenditure, to ensure the respect of the international obligations of the Community, to take adequately into account the particularities of the producing regions, to simplify the management of the regime and align it on the principles of the reformed common market organisations, it is necessary to amend this regime.

| (1) | Currently the regime for the banana sector is set out in Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organisation of the market in bananas. In particular the aid scheme for banana producers is based on principles which for other common market organisations have been substantially reformed. In order to better ensure a fair standard of living of the agricultural community in regions where bananas are produced, to better direct resources towards
  the specific development processes in these regions
  , to stabilise expenditure, to ensure the respect of the international obligations of the Community, to take adequately into account the particularities of the producing regions, to simplify the management of the regime and align it on the principles of the reformed common market organisations, it is necessary to amend this regime. |
| --- | --- |

(1)

Currently the regime for the banana sector is set out in Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organisation of the market in bananas. In particular the aid scheme for banana producers is based on principles which for other common market organisations have been substantially reformed. In order to better ensure a fair standard of living of the agricultural community in regions where bananas are produced, to better direct resources towards
  the specific development processes in these regions
  , to stabilise expenditure, to ensure the respect of the international obligations of the Community, to take adequately into account the particularities of the producing regions, to simplify the management of the regime and align it on the principles of the reformed common market organisations, it is necessary to amend this regime.

| (2a) | Since the introduction of the common organisation of the market (COM) in bananas, in response to competition from third-country banana producers and with a view to ensuring proper use of Community funds, the whole industry has made major modernisation efforts covering all stages from production to marketing, significantly raising productivity and improving product quality while reducing the environmental impact of its activities. The COM has also encouraged the concentration of Community supply, which has contributed to the sector's consolidation in producer regions and facilitated the marketing of European bananas. |
| --- | --- |

(2a)

Since the introduction of the common organisation of the market (COM) in bananas, in response to competition from third-country banana producers and with a view to ensuring proper use of Community funds, the whole industry has made major modernisation efforts covering all stages from production to marketing, significantly raising productivity and improving product quality while reducing the environmental impact of its activities. The COM has also encouraged the concentration of Community supply, which has contributed to the sector's consolidation in producer regions and facilitated the marketing of European bananas.

| (3) | Bananas are one of the main agricultural crops of certain outermost regions of the Union, notably the French overseas departments of Guadeloupe and Martinique, the Azores, Madeira and the Canary Islands. Production of bananas is handicapped in particular by the remoteness, insularity, small size, and difficult topography of these regions. Local banana production is an essential element of the environmental, social and economic balance of the rural areas in those regions. |
| --- | --- |

(3)

Bananas are one of the main agricultural crops of certain outermost regions of the Union, notably the French overseas departments of Guadeloupe and Martinique, the Azores, Madeira and the Canary Islands. Production of bananas is handicapped in particular by the remoteness, insularity, small size, and difficult topography of these regions. Local banana production is an essential element of the environmental, social and economic balance of the rural areas in those regions.

| (3) | Bananas are one of the main agricultural crops of certain outermost regions of the Union, notably the French overseas departments of Guadeloupe and Martinique, the Azores, Madeira and the Canary Islands. Production of bananas is handicapped in particular by the remoteness, insularity, small size, and difficult topography of these regions. Local banana production is an essential element of the environmental, social and economic balance of the rural areas in those regions
  which, furthermore, have no alternative that would enable them to diversify into other economically viable crops. |
| --- | --- |

(3)

Bananas are one of the main agricultural crops of certain outermost regions of the Union, notably the French overseas departments of Guadeloupe and Martinique, the Azores, Madeira and the Canary Islands. Production of bananas is handicapped in particular by the remoteness, insularity, small size, and difficult topography of these regions. Local banana production is an essential element of the environmental, social and economic balance of the rural areas in those regions
  which, furthermore, have no alternative that would enable them to diversify into other economically viable crops.

| (3a) | Account should be taken of the socio-economic importance of the banana sector to the outermost regions and the contribution which it makes to achieving social and economic cohesion on account of the income and employment which it generates, the economic activities to which it gives rise (both upstream and downstream), and the effect which it has of maintaining an ecological and landscape balance which encourages the development of tourism. |
| --- | --- |

(3a)

Account should be taken of the socio-economic importance of the banana sector to the outermost regions and the contribution which it makes to achieving social and economic cohesion on account of the income and employment which it generates, the economic activities to which it gives rise (both upstream and downstream), and the effect which it has of maintaining an ecological and landscape balance which encourages the development of tourism.

| (5) | Title III of Council Regulation (EC) No 247/2006 of 30 January 2006 laying down specific measures for agriculture in the outermost regions of the Union provides for the establishment of Community support programmes for the outermost regions containing specific measures to assist local lines of agricultural production. This Regulation provides for a review not later than 31 December 2009.
  If there are substantial changes to the economic conditions affecting livelihoods in the outermost regions, the Commission shall submit the report sooner.
  This instrument seems best adapted to support banana production in each of the regions concerned by providing for flexibility and decentralisation of mechanisms to support banana production. The possibility of including banana support in those support programmes should reinforce the coherence of the strategies for support of agricultural production in these regions. |
| --- | --- |

(5)

Title III of Council Regulation (EC) No 247/2006 of 30 January 2006 laying down specific measures for agriculture in the outermost regions of the Union provides for the establishment of Community support programmes for the outermost regions containing specific measures to assist local lines of agricultural production. This Regulation provides for a review not later than 31 December 2009.
  If there are substantial changes to the economic conditions affecting livelihoods in the outermost regions, the Commission shall submit the report sooner.
  This instrument seems best adapted to support banana production in each of the regions concerned by providing for flexibility and decentralisation of mechanisms to support banana production. The possibility of including banana support in those support programmes should reinforce the coherence of the strategies for support of agricultural production in these regions.

| (5) | Title III of Council Regulation (EC) No 247/2006 of 30 January 2006 laying down specific measures for agriculture in the outermost regions of the Union provides for the establishment of Community support programmes for the outermost regions containing specific measures to assist local lines of agricultural production. This Regulation provides for a review not later than 31 December 2009.
  However, in order to take due account of the specific circumstances of banana producers, in the event of a significant deterioration in the economic situation of producers resulting in particular from alterations to the external regime, the Commission should submit a specific report to the European Parliament and the Council prior to that deadline.
  This instrument seems best adapted to support banana production in each of the regions concerned by providing for flexibility and decentralisation of mechanisms to support banana production. The possibility of including banana support in those support programmes should reinforce the coherence of the strategies for support of agricultural production in these regions. |
| --- | --- |

(5)

Title III of Council Regulation (EC) No 247/2006 of 30 January 2006 laying down specific measures for agriculture in the outermost regions of the Union provides for the establishment of Community support programmes for the outermost regions containing specific measures to assist local lines of agricultural production. This Regulation provides for a review not later than 31 December 2009.
  However, in order to take due account of the specific circumstances of banana producers, in the event of a significant deterioration in the economic situation of producers resulting in particular from alterations to the external regime, the Commission should submit a specific report to the European Parliament and the Council prior to that deadline.
  This instrument seems best adapted to support banana production in each of the regions concerned by providing for flexibility and decentralisation of mechanisms to support banana production. The possibility of including banana support in those support programmes should reinforce the coherence of the strategies for support of agricultural production in these regions.

| (5a) | Provision should be made for the payment of one of more specific advances to banana producers in outermost regions. |
| --- | --- |

(5a)

Provision should be made for the payment of one of more specific advances to banana producers in outermost regions.

| (7) | As regards production of bananas in the Community other than in the outermost regions, it seems
  no longer necessary to provide for a specific aid scheme for bananas, given
  the small proportion of the total Community production concerned. |
| --- | --- |

(7)

As regards production of bananas in the Community other than in the outermost regions, it seems
  no longer necessary to provide for a specific aid scheme for bananas, given
  the small proportion of the total Community production concerned.

| (7) | As regards production of bananas in the Community other than in the outermost regions, it seems
  appropriate to give Member States the opportunity to opt for the system of partial decoupling of aid for bananas, despite
  the small proportion of the total Community production concerned. |
| --- | --- |

(7)

As regards production of bananas in the Community other than in the outermost regions, it seems
  appropriate to give Member States the opportunity to opt for the system of partial decoupling of aid for bananas, despite
  the small proportion of the total Community production concerned.

| (8) | Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending certain Regulations provides for a system of decoupled income support for farms (hereinafter referred to as ‘the Single Payment Scheme’). This system was intended to allow for the shift from production support to producer support. |
| --- | --- |

(8)

Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending certain Regulations provides for a system of decoupled income support for farms (hereinafter referred to as ‘the Single Payment Scheme’). This system was intended to allow for the shift from production support to producer support.

deleted

| (8a) | Information and infrastructure measures in the context of rural development must play a prime role in the shift to producer support, whereby one aim should be to adapt banana production and marketing to reflect various quality standards, such as fair-trade, organic farming, and local varieties standards or registered geographical guarantees of origin. Bananas can also be marketed as a special local product within the framework of existing tourism in these areas, thereby creating a link between consumers and local bananas as a preferred, identifiable product. |
| --- | --- |

(8a)

Information and infrastructure measures in the context of rural development must play a prime role in the shift to producer support, whereby one aim should be to adapt banana production and marketing to reflect various quality standards, such as fair-trade, organic farming, and local varieties standards or registered geographical guarantees of origin. Bananas can also be marketed as a special local product within the framework of existing tourism in these areas, thereby creating a link between consumers and local bananas as a preferred, identifiable product.

| (8b) | In order to meet the objectives that lay at the heart of the reform of the common agricultural policy, the support for cotton, olive oil, raw tobacco, hops and bananas should be largely de-coupled and integrated into the Single Payment Scheme. |
| --- | --- |

(8b)

In order to meet the objectives that lay at the heart of the reform of the common agricultural policy, the support for cotton, olive oil, raw tobacco, hops and bananas should be largely de-coupled and integrated into the Single Payment Scheme.

| (8c) | Complete integration into the single payment scheme of the current support scheme in the banana sector would bring a significant risk of production disruption to the banana producing regions of the Community. A part of the support should therefore continue to be linked to the cultivation of bananas through a crop specific payment per eligible hectare. The amount of support should be calculated in such a way so as to ensure economic conditions which, in regions which lend themselves to that crop, enable activity in the banana sector to continue and prevent bananas from being driven out by other crops. In order to achieve that goal, it is justified that the total available aid per hectare per Member State is set at 40 % of the national share of the aid that went indirectly to the producers. |
| --- | --- |

(8c)

Complete integration into the single payment scheme of the current support scheme in the banana sector would bring a significant risk of production disruption to the banana producing regions of the Community. A part of the support should therefore continue to be linked to the cultivation of bananas through a crop specific payment per eligible hectare. The amount of support should be calculated in such a way so as to ensure economic conditions which, in regions which lend themselves to that crop, enable activity in the banana sector to continue and prevent bananas from being driven out by other crops. In order to achieve that goal, it is justified that the total available aid per hectare per Member State is set at 40 % of the national share of the aid that went indirectly to the producers.

| (8d) | The remaining 60 % of the national share of the aid that went indirectly to the producers should be available to the Single Payment Scheme. |
| --- | --- |

(8d)

The remaining 60 % of the national share of the aid that went indirectly to the producers should be available to the Single Payment Scheme.

| (9) | For sake of consistency it is appropriate abolish the existing compensatory aid scheme for bananas and to include it into the Single Payment Scheme. To this end it is necessary to include the compensatory aid for bananas in the list of direct payments in relation to the single payment scheme referred to in Article 33 of Regulation (EC) No 1782/2003. Provision should also be made for the establishment by Member States of reference amounts and eligible hectares under the Single Payment Scheme on the basis of a representative period appropriate to the banana market and of appropriate objective and non-discriminatory criteria. Areas planted with bananas should not be excluded due to their being treated as permanent crops. National ceilings should be amended appropriately. Provision should also be made for the Commission to adopt detailed rules and any necessary transitional measures. |
| --- | --- |

(9)

For sake of consistency it is appropriate abolish the existing compensatory aid scheme for bananas and to include it into the Single Payment Scheme. To this end it is necessary to include the compensatory aid for bananas in the list of direct payments in relation to the single payment scheme referred to in Article 33 of Regulation (EC) No 1782/2003. Provision should also be made for the establishment by Member States of reference amounts and eligible hectares under the Single Payment Scheme on the basis of a representative period appropriate to the banana market and of appropriate objective and non-discriminatory criteria. Areas planted with bananas should not be excluded due to their being treated as permanent crops. National ceilings should be amended appropriately. Provision should also be made for the Commission to adopt detailed rules and any necessary transitional measures.

deleted

| (10) | Title II of Regulation (EEC) No 404/93 provides for producers' organisations and concentration mechanisms. As regards producers' organisations, the existing regime had as objectives to form such organisations in order that as many producers as possible be members of such organisations
  and limited
  the payment of the compensatory aid to producers members of recognized producers' organisations. |
| --- | --- |

(10)

Title II of Regulation (EEC) No 404/93 provides for producers' organisations and concentration mechanisms. As regards producers' organisations, the existing regime had as objectives to form such organisations in order that as many producers as possible be members of such organisations
  and limited
  the payment of the compensatory aid to producers members of recognized producers' organisations.

| (10) | Title II of Regulation (EEC) No 404/93 provides for producers' organisations and concentration mechanisms. As regards producers' organisations, the existing regime had as objectives to form such organisations in order that as many producers as possible be members of such organisations
  and that marketing in the banana sector be supported, while limiting
  the payment of the compensatory aid to producers members of recognized producers' organisations. |
| --- | --- |

(10)

Title II of Regulation (EEC) No 404/93 provides for producers' organisations and concentration mechanisms. As regards producers' organisations, the existing regime had as objectives to form such organisations in order that as many producers as possible be members of such organisations
  and that marketing in the banana sector be supported, while limiting
  the payment of the compensatory aid to producers members of recognized producers' organisations.

| (11) | The regime has succeeded in its first objective since the vast majority of Community producers are now members of producers' organisations.
  The second objective is obsolete since the compensatory aid scheme is to be abolished.
  It is therefore no longer necessary to maintain rules at Community level on producer organisations,
  thus leaving Member States free to adopt such rules, if necessary, targeted at the specific situations in their territories. |
| --- | --- |

(11)

The regime has succeeded in its first objective since the vast majority of Community producers are now members of producers' organisations.
  The second objective is obsolete since the compensatory aid scheme is to be abolished.
  It is therefore no longer necessary to maintain rules at Community level on producer organisations,
  thus leaving Member States free to adopt such rules, if necessary, targeted at the specific situations in their territories.

| (11) | The regime has succeeded in its first objective since the vast majority of Community producers are now members of producers' organisations. It is therefore necessary to maintain rules at Community level on producer organisations.
  In order to prevent the break-up of the banana sector in producer regions, it is proposed that a framework of Community rules be maintained, and Member States are urged to maintain the requirement that produce be marketed through these producer organisations as an essential condition for receiving aid. |
| --- | --- |

(11)

The regime has succeeded in its first objective since the vast majority of Community producers are now members of producers' organisations. It is therefore necessary to maintain rules at Community level on producer organisations.
  In order to prevent the break-up of the banana sector in producer regions, it is proposed that a framework of Community rules be maintained, and Member States are urged to maintain the requirement that produce be marketed through these producer organisations as an essential condition for receiving aid.

| (1) | Titles II and III
  , Articles 16 to 20, paragraph 2 of Article 21, Article 25 and Articles 30 to 32 are deleted; |
| --- | --- |

(1)

Titles II and III
  , Articles 16 to 20, paragraph 2 of Article 21, Article 25 and Articles 30 to 32 are deleted;

| (1) | Articles 6 and 7 of Title II, Title III
  , Articles 16 to 20, paragraph 2 of Article 21, Article 25 and Articles 30 to 32 are deleted; |
| --- | --- |

(1)

Articles 6 and 7 of Title II, Title III
  , Articles 16 to 20, paragraph 2 of Article 21, Article 25 and Articles 30 to 32 are deleted;

| (1) | In Article 1, indent 4 is replaced by the following: |
| --- | --- |

(1)

| — | support schemes for farmers producing durum wheat, protein crops, rice, nuts, energy crops, starch potatoes, milk, seeds, arable crops, sheep meat and goat meat, beef and veal and grain legumes, and for farmers maintaining olive groves and banana plantations. |
| --- | --- |

—

support schemes for farmers producing durum wheat, protein crops, rice, nuts, energy crops, starch potatoes, milk, seeds, arable crops, sheep meat and goat meat, beef and veal and grain legumes, and for farmers maintaining olive groves and banana plantations.

| (1) | In Article 33(1), point (a) is replaced by the following: |
| --- | --- |

(1)

| (a) | they have been granted a payment in the reference period referred to in Article 38 under at least one of the support schemes referred to in Annex VI or, in the case of olive oil, in the marketing years referred to in the second subparagraph of Article 37(1), or, in the case of sugar beet, cane and chicory, if they have benefited from market support in the representative period referred to in point K of Annex VII, or, in the case of bananas, if they have benefited from compensation for loss of income in the representative period referred to in point L of Annex VII; |
| --- | --- |

(a)

deleted

| (6a) | In Article 64(2), subparagraphs 1 and 2 are replaced by the following: |
| --- | --- |

(6a)

2.
     
  Depending on the choice made by each Member State, the Commission shall, in accordance with the procedure laid down in Article 144(2), set a ceiling for each of the direct payments referred to respectively in Articles 66, 67, 68, 68a, 68b and 69.

This ceiling shall be equal to the component of each type of direct payment in the national ceilings referred to in Article 41, multiplied by the reduction percentages applied by the Member States in accordance with Articles 66, 67, 68, 68a, 68b and 69.

| (6b) | The following Article 68b is inserted: |
| --- | --- |

(6b)

Article 68b

Banana Payments

In the case of banana payments, 40 % of the aid shall remain coupled to production, while the remaining 60 % of the national share of the aid shall be available for the Single Payment Scheme.

| 7) | in Article 145, the following point is inserted after point (d)b): |
| --- | --- |

7)

| (d)c) | detailed rules relating to the inclusion of banana support into the single payment scheme. |
| --- | --- |

(d)c)

deleted

| (-1) | the following Article 18a is inserted: |
| --- | --- |

(-1)

Article 18a

Bananas

Receipt of aid for producers in the banana sector is to be conditional on affiliation to a recognised organisation in accordance with Title II of Regulation (EEC) No 404/93. Such aid may also be granted to individual producers whose particular circumstances, especially geographical circumstances, do not enable them to join a producers' organisation.

| (2a) | In Article 28, the following paragraph 3a is added: |
| --- | --- |

(2a)

3a.
     
  In the event of a deterioration in the economic conditions affecting the livelihoods of banana producers, following in particular a change in the external regime, the Commission shall submit a specific report to the European Parliament and the Council by 31 December 2009, accompanied, where necessary, by appropriate proposals.

| (3) | In accordance with the same procedure, the Commission may also adopt measures to facilitate the transition from the arrangements provided for in Council Regulation (EEC) No 404/93 to those established by this Regulation. |
| --- | --- |

(3)

In accordance with the same procedure, the Commission may also adopt measures to facilitate the transition from the arrangements provided for in Council Regulation (EEC) No 404/93 to those established by this Regulation.

| (3) | In accordance with the same procedure, the Commission may also adopt measures to facilitate the transition from the arrangements provided for in Council Regulation (EEC) No 404/93 to those established by this Regulation.
  Provision shall be made in particular for a specific advance scheme for banana producers from January to October every year. |
| --- | --- |

(3)

In accordance with the same procedure, the Commission may also adopt measures to facilitate the transition from the arrangements provided for in Council Regulation (EEC) No 404/93 to those established by this Regulation.
  Provision shall be made in particular for a specific advance scheme for banana producers from January to October every year.

Article 4a

Assessment

Three years after the entry into force of this Regulation the Commission shall submit an assessment report to the European Parliament and the Council on the impact that the Regulation has had on the living standards of Community farmers, on Community producers' incomes, and on economic and social cohesion, and shall propose practical initiatives if the original objectives have not been attained.

| (1) | in Annex I the row concerning bananas is deleted; |
| --- | --- |

(1)

deleted

| (2) | the following row is added to Annex VI: |
| --- | --- |

(2)

Bananas — Article 12 of Regulation (ΕEC) No 404/93 — Compensation for loss of income

deleted

---

(1)  Not yet published in OJ.

(2)  OJ C 139, 14.6.2006, p. 1.

P6_TA(2006)0564

VAT arrangements for radio and television broadcasting and other services *

European Parliament legislative resolution on the proposal for a Council directive amending Council Directive 2002/38/EC as regards the period of application of the value added tax arrangements applicable to radio and television broadcasting services and certain electronically supplied services (COM(2006)0739 — C6-0437/2006 — 2006/0245(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2006)0739) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2006)0739) (1),

| — | having regard to Article 93 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0437/2006), |
| --- | --- |

—

having regard to Article 93 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0437/2006),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs (A6-0440/2006); |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs (A6-0440/2006);

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 4. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

4.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

| 5. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

5.

Instructs its President to forward its position to the Council and the Commission.

Article 1 shall apply until 31 December
  2008
  .

Article 1 shall apply until 31 December
  2009
  .

The Commission shall adopt any proposal for possible prolongation of the regime in good time before its expiry in order to allow the European Parliament sufficient time within which to express its opinion in accordance with Article 93 of the Treaty.

---

(1)  Not yet published in the OJ.

P6_TA(2006)0565

Legislative and work programme of the Commission for 2007

European Parliament resolution on the Commission legislative and work programme for 2007

The European Parliament,

| — | having regard to the Commission communication on its Legislative and Work Programme for 2007 (COM(2006)0629), adopted on 24 October 2006, and presented by the Commission and debated by Parliament on 14 November 2006, |
| --- | --- |

—

having regard to the Commission communication on its Legislative and Work Programme for 2007 (COM(2006)0629), adopted on 24 October 2006, and presented by the Commission and debated by Parliament on 14 November 2006,

| — | having regard to the Commission's strategic political orientations for 2004 to 2009, the Commission's 2007 Annual Policy Strategy and the contributions of Parliament's committees, forwarded to the Commission by the Conference of Presidents, as provided for in the Framework Agreement between Parliament and the Commission, |
| --- | --- |

—

having regard to the Commission's strategic political orientations for 2004 to 2009, the Commission's 2007 Annual Policy Strategy and the contributions of Parliament's committees, forwarded to the Commission by the Conference of Presidents, as provided for in the Framework Agreement between Parliament and the Commission,

| — | having regard to Rules 33 and 103(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 33 and 103(4) of its Rules of Procedure,

| A. | whereas 2007 will be a crucial year for the European integration process, given that the European Union will welcome two new Member States, Romania and Bulgaria, celebrate the 50th anniversary of the Treaty of Rome, strive to achieve an institutional settlement, and launch an extensive series of new financing programmes, |
| --- | --- |

A.

whereas 2007 will be a crucial year for the European integration process, given that the European Union will welcome two new Member States, Romania and Bulgaria, celebrate the 50th anniversary of the Treaty of Rome, strive to achieve an institutional settlement, and launch an extensive series of new financing programmes,

| B. | whereas it is essential for the Union to be able to meet ambitious political, economic and social goals for its citizens, and to serve the European common interest in making the Union a leading global player promoting shared solutions for peace, security, global prosperity and sustainable economic and social development, |
| --- | --- |

B.

whereas it is essential for the Union to be able to meet ambitious political, economic and social goals for its citizens, and to serve the European common interest in making the Union a leading global player promoting shared solutions for peace, security, global prosperity and sustainable economic and social development,

| C. | having regard to the need to align expenditure closely with political priorities, given that the means provided in the new financial framework are insufficient to meet all the challenges ahead, |
| --- | --- |

C.

having regard to the need to align expenditure closely with political priorities, given that the means provided in the new financial framework are insufficient to meet all the challenges ahead,

| D. | reiterating the need for Europe to take action in order to meet the increased expectations of citizens and to improve its role as a leading player on the world stage, |
| --- | --- |

D.

reiterating the need for Europe to take action in order to meet the increased expectations of citizens and to improve its role as a leading player on the world stage,

| 1. | Welcomes the emphasis in the Commission's Legislative and Work Programme (LWP) for 2007 on modernising the European economy and improving the well-being of citizens; agrees in this context with the importance attributed to security, health, innovation, a cleaner environment, energy and climate change, the internal market, migration and integration, Europe's global visibility and effectiveness, and improved communication with European citizens; regrets, however, a certain lack of ambition in several fields; believes that, in order to restore the momentum behind the European project, the Commission should play its full role in strengthening and modernising Europe's social market economy, based on sustainable development; |
| --- | --- |

1.

Welcomes the emphasis in the Commission's Legislative and Work Programme (LWP) for 2007 on modernising the European economy and improving the well-being of citizens; agrees in this context with the importance attributed to security, health, innovation, a cleaner environment, energy and climate change, the internal market, migration and integration, Europe's global visibility and effectiveness, and improved communication with European citizens; regrets, however, a certain lack of ambition in several fields; believes that, in order to restore the momentum behind the European project, the Commission should play its full role in strengthening and modernising Europe's social market economy, based on sustainable development;

| 2. | Believes that the distinction drawn between ‘strategic initiatives’ and ‘priority initiatives’ increases the clarity and credibility of the LWP; requests, nevertheless, the Commission to be more coherent and precise in explaining the distinction between those two categories, and in particular to clarify the timescale for the presentation of ‘priority initiatives’; invites the Commission to present after six months an update on progress made in implementing the LWP; |
| --- | --- |

2.

Believes that the distinction drawn between ‘strategic initiatives’ and ‘priority initiatives’ increases the clarity and credibility of the LWP; requests, nevertheless, the Commission to be more coherent and precise in explaining the distinction between those two categories, and in particular to clarify the timescale for the presentation of ‘priority initiatives’; invites the Commission to present after six months an update on progress made in implementing the LWP;

| 3. | Welcomes the fact that the Commission has endorsed a range of the contributions made by the committees of Parliament in the framework of the new ‘structured dialogue’ and outlined in the summary report of the Conference of Committee Chairmen; |
| --- | --- |

3.

Welcomes the fact that the Commission has endorsed a range of the contributions made by the committees of Parliament in the framework of the new ‘structured dialogue’ and outlined in the summary report of the Conference of Committee Chairmen;

| 4. | Asks the Commission nevertheless to inform Parliament why it chose not to include the following legislative initiatives in its 2007 work programme, as requested by its committees: mutual recognition in trade in goods, proposals to improve the CE mark, revision of the European Company Statute, the development of microcredits, reconciling work and family life, the protection of atypical workers, a new proposal on a European mutual society, thresholds for seeds containing GMOs, and a proposal on the Transparency Initiative; |
| --- | --- |

4.

Asks the Commission nevertheless to inform Parliament why it chose not to include the following legislative initiatives in its 2007 work programme, as requested by its committees: mutual recognition in trade in goods, proposals to improve the CE mark, revision of the European Company Statute, the development of microcredits, reconciling work and family life, the protection of atypical workers, a new proposal on a European mutual society, thresholds for seeds containing GMOs, and a proposal on the Transparency Initiative;

| 5. | Believes that the operation of the Framework Agreement on relations between Parliament and the Commission can and should be improved by involving the political groups more consistently and at an early stage in the procedure; |
| --- | --- |

5.

Believes that the operation of the Framework Agreement on relations between Parliament and the Commission can and should be improved by involving the political groups more consistently and at an early stage in the procedure;

| 6. | Regrets the lack of interaction between the LWP and the budget procedure; in line with the Framework Agreement between Parliament and the Commission, wishes to improve the linkage between the two procedures, and looks forward to a discussion on how to do so; |
| --- | --- |

6.

Regrets the lack of interaction between the LWP and the budget procedure; in line with the Framework Agreement between Parliament and the Commission, wishes to improve the linkage between the two procedures, and looks forward to a discussion on how to do so;

| 7. | Calls on the Commission to engage in an early dialogue with Parliament on the crucial revision of the EU budgetary framework and the financial framework, the mid-term review of the CAP, and the discussion on new mechanisms for own resources; |
| --- | --- |

7.

Calls on the Commission to engage in an early dialogue with Parliament on the crucial revision of the EU budgetary framework and the financial framework, the mid-term review of the CAP, and the discussion on new mechanisms for own resources;

| 8 | Welcomes the Commission's intention to better connect Europe with its citizens through an improved communications strategy designed to improve awareness and understanding of the EU at national, regional and local levels; supports all initiatives to build partnerships and to listen and respond more systematically to the concerns of citizens; |
| --- | --- |

8

Welcomes the Commission's intention to better connect Europe with its citizens through an improved communications strategy designed to improve awareness and understanding of the EU at national, regional and local levels; supports all initiatives to build partnerships and to listen and respond more systematically to the concerns of citizens;

| 9. | Underlines to this end, in particular, the need to coordinate communications policy more closely with national governments and political parties, with the aim of launching an effective open dialogue with citizens on European issues; believes that Members can contribute to this process and expects the Commission to cooperate closely with Parliament when developing and implementing its communications policy; |
| --- | --- |

9.

Underlines to this end, in particular, the need to coordinate communications policy more closely with national governments and political parties, with the aim of launching an effective open dialogue with citizens on European issues; believes that Members can contribute to this process and expects the Commission to cooperate closely with Parliament when developing and implementing its communications policy;

| 10. | Notes the Commission's determination to be involved in the drafting of the Berlin Declaration on the 50th anniversary of the Treaty of Rome; believes it important that this declaration should have a genuinely interinstitutional character, with Parliament, the Council and the Commission jointly involved; believes that such a declaration should contribute inter alia to reasserting the values and identity of the Union and promoting institutional reform in Europe; |
| --- | --- |

10.

Notes the Commission's determination to be involved in the drafting of the Berlin Declaration on the 50th anniversary of the Treaty of Rome; believes it important that this declaration should have a genuinely interinstitutional character, with Parliament, the Council and the Commission jointly involved; believes that such a declaration should contribute inter alia to reasserting the values and identity of the Union and promoting institutional reform in Europe;

| 11. | Welcomes the desire of the Commission to engage actively in the process of helping secure the adoption of a European constitutional treaty; believes that the objectives and reforms enshrined in that treaty are essential to the sound functioning and future development of the Union; invites the Commission, in conjunction with Parliament, to take a leading role in finding a workable solution to the current institutional impasse; |
| --- | --- |

11.

Welcomes the desire of the Commission to engage actively in the process of helping secure the adoption of a European constitutional treaty; believes that the objectives and reforms enshrined in that treaty are essential to the sound functioning and future development of the Union; invites the Commission, in conjunction with Parliament, to take a leading role in finding a workable solution to the current institutional impasse;

Priorities for 2007

Modernising the European economy

| 12. | Welcomes the strong emphasis in the Commission's programme on the continuing need for modernisation of the European economy, to render it more dynamic and competitive in the face of global challenges; underlines the importance accorded to vigorous implementation of the Lisbon strategy, emphasising the interdependence of economic, social and environmental progress in creating a dynamic and innovative European economy; reiterates its support for a European agenda in which prosperity and solidarity are mutually supporting objectives, and calls on the Commission to take action to reflect that; |
| --- | --- |

12.

Welcomes the strong emphasis in the Commission's programme on the continuing need for modernisation of the European economy, to render it more dynamic and competitive in the face of global challenges; underlines the importance accorded to vigorous implementation of the Lisbon strategy, emphasising the interdependence of economic, social and environmental progress in creating a dynamic and innovative European economy; reiterates its support for a European agenda in which prosperity and solidarity are mutually supporting objectives, and calls on the Commission to take action to reflect that;

| 13. | Calls on the Commission to improve the coordination of economic policies, in particular with a view to promoting national and European initiatives aimed at fostering research, skills and new technologies, to sharing best practices on ways to improve the effectiveness and quality of public spending, and to enhancing the quality of statistical data; |
| --- | --- |

13.

Calls on the Commission to improve the coordination of economic policies, in particular with a view to promoting national and European initiatives aimed at fostering research, skills and new technologies, to sharing best practices on ways to improve the effectiveness and quality of public spending, and to enhancing the quality of statistical data;

Research and development

| 14. | Reiterates the urgency of fostering cooperative research to improve the competitiveness of the European economy, in particular in the areas of advanced technologies; urges that enhanced coordinated efforts be undertaken to promote the telecoms and information society technology sectors; |
| --- | --- |

14.

Reiterates the urgency of fostering cooperative research to improve the competitiveness of the European economy, in particular in the areas of advanced technologies; urges that enhanced coordinated efforts be undertaken to promote the telecoms and information society technology sectors;

| 15. | Believes that the establishment of the proposed European Institute of Technology (EIT), if it is based on the right principles, could contribute to the competitiveness of the European economy by helping to reverse the fragmentation of research, education and innovation efforts which has stunted progress so far; insists that no funds previously earmarked for the Seventh Framework Programme should be used to finance EIT activities; |
| --- | --- |

15.

Believes that the establishment of the proposed European Institute of Technology (EIT), if it is based on the right principles, could contribute to the competitiveness of the European economy by helping to reverse the fragmentation of research, education and innovation efforts which has stunted progress so far; insists that no funds previously earmarked for the Seventh Framework Programme should be used to finance EIT activities;

| 16. | Welcomes the Commission proposals for the Erasmus Mundus II programme, aimed at fostering cooperation with third countries in the field of higher education; stresses, however, the need to undertake further initiatives to promote excellence in European universities, higher education and life-long learning, as well as better knowledge of languages; |
| --- | --- |

16.

Welcomes the Commission proposals for the Erasmus Mundus II programme, aimed at fostering cooperation with third countries in the field of higher education; stresses, however, the need to undertake further initiatives to promote excellence in European universities, higher education and life-long learning, as well as better knowledge of languages;

| 17. | Underlines the strategic significance of the rapidly developing space sector, and thus fully supports the Commission in its initiative to develop a coherent and comprehensive European space policy; |
| --- | --- |

17.

Underlines the strategic significance of the rapidly developing space sector, and thus fully supports the Commission in its initiative to develop a coherent and comprehensive European space policy;

Internal market

| 18. | Calls on the Commission to step up efforts to complete the internal market, so as to enable citizens to reap its full benefits; believes, however, that the Single Market Strategy review should not provide a pretext for failing to bring forward internal market initiatives as necessary; insists that the single market can only be developed successfully in a context of promoting fair competition, cohesion, a high level of consumer protection, and respect for the Göteborg principles; |
| --- | --- |

18.

Calls on the Commission to step up efforts to complete the internal market, so as to enable citizens to reap its full benefits; believes, however, that the Single Market Strategy review should not provide a pretext for failing to bring forward internal market initiatives as necessary; insists that the single market can only be developed successfully in a context of promoting fair competition, cohesion, a high level of consumer protection, and respect for the Göteborg principles;

| 19. | Reiterates its request to the Commission that it should explore all possible ways of improving the patent and patent litigation systems; |
| --- | --- |

19.

Reiterates its request to the Commission that it should explore all possible ways of improving the patent and patent litigation systems;

| 20. | Stresses the importance of completing the internal market in the field of financial services and insurance, and, in particular, of the Commission's commitment to proposing the modernisation of legislation on solvency, investment funds (UCITS) and VAT treatment for financial services; nevertheless considers that a key priority for 2007 in the field of financial services legislation should be the proper implementation and timely application of legislation already adopted in recent years; in this respect, invites the Commission to report on the possible impact of private equity funds and hedge funds on financial stability, economic performance and employment; |
| --- | --- |

20.

Stresses the importance of completing the internal market in the field of financial services and insurance, and, in particular, of the Commission's commitment to proposing the modernisation of legislation on solvency, investment funds (UCITS) and VAT treatment for financial services; nevertheless considers that a key priority for 2007 in the field of financial services legislation should be the proper implementation and timely application of legislation already adopted in recent years; in this respect, invites the Commission to report on the possible impact of private equity funds and hedge funds on financial stability, economic performance and employment;

Addressing the challenges of European society

| 21. | Notes that the Commission is planning to undertake a ‘comprehensive stocktaking of European society’, but calls on it to be more ambitious and, given that 2007 will be the European Year of Equal Opportunities, to come forward with a number of initiatives in the areas of social exclusion, poverty, protection of atypical workers and better social protection in new forms of employment, as well as an evaluation of the implementation of EU legislation on the fight against all forms of discrimination, and any necessary initiative in this field; |
| --- | --- |

21.

Notes that the Commission is planning to undertake a ‘comprehensive stocktaking of European society’, but calls on it to be more ambitious and, given that 2007 will be the European Year of Equal Opportunities, to come forward with a number of initiatives in the areas of social exclusion, poverty, protection of atypical workers and better social protection in new forms of employment, as well as an evaluation of the implementation of EU legislation on the fight against all forms of discrimination, and any necessary initiative in this field;

| 22. | Calls for a proper follow-up to the Commission communication concerning a consultation on action at EU level to promote the inclusion of the people furthest from the labour market (COM(2006)0044); |
| --- | --- |

22.

Calls for a proper follow-up to the Commission communication concerning a consultation on action at EU level to promote the inclusion of the people furthest from the labour market (COM(2006)0044);

| 23. | Calls on the Commission to identify a clear legal basis for combating all forms of violence, in particular against women and children; |
| --- | --- |

23.

Calls on the Commission to identify a clear legal basis for combating all forms of violence, in particular against women and children;

| 24. | Welcomes in this context the Commission's objective of exploring possible pathways to enhance flexicurity and to help Member States to achieve both high productivity and high social protection; |
| --- | --- |

24.

Welcomes in this context the Commission's objective of exploring possible pathways to enhance flexicurity and to help Member States to achieve both high productivity and high social protection;

Consumer protection

| 25. | Asks the Commission for new impetus in the field of consumer protection, in particular with a view to consolidating and reviewing the consumer acquis to reinforce the effectiveness of consumer protection policy and consumer rights, ensuring protection of vulnerable consumers, strengthening information and awareness for consumers on rights and redress — e.g. by means of a EU-wide information campaign — and protecting the interests of consumers in related policy areas; points out in that context that legislation on consumer protection should by no means constitute a channel for the creation of new barriers within the internal market, but ensure instead that consumers in all the Member States benefit from the high-level protection already achieved; |
| --- | --- |

25.

Asks the Commission for new impetus in the field of consumer protection, in particular with a view to consolidating and reviewing the consumer acquis to reinforce the effectiveness of consumer protection policy and consumer rights, ensuring protection of vulnerable consumers, strengthening information and awareness for consumers on rights and redress — e.g. by means of a EU-wide information campaign — and protecting the interests of consumers in related policy areas; points out in that context that legislation on consumer protection should by no means constitute a channel for the creation of new barriers within the internal market, but ensure instead that consumers in all the Member States benefit from the high-level protection already achieved;

| 26. | Therefore welcomes the Action Plan on Sustainable Production and Consumption, as it integrates both the social and economic dimensions; |
| --- | --- |

26.

Therefore welcomes the Action Plan on Sustainable Production and Consumption, as it integrates both the social and economic dimensions;

Security for citizens, justice and migration

| 27. | Demands the Member States' and the Commission's commitment to address the structural causes of massive migration by adapting and updating their current policies, in order to enable developing countries to protect and build their economies, and to allow decent incomes for their populations, which constitutes the only long-term alternative in order to reduce illegal immigration; |
| --- | --- |

27.

Demands the Member States' and the Commission's commitment to address the structural causes of massive migration by adapting and updating their current policies, in order to enable developing countries to protect and build their economies, and to allow decent incomes for their populations, which constitutes the only long-term alternative in order to reduce illegal immigration;

| 28. | Calls on the Member States to strengthen cooperation and mutual technical assistance between their border control services and for increased financing for Frontex, in order to combat human trafficking; requests that the conclusion of readmission agreements be fair and respect the fundamental rights of migrants and take into consideration the shared needs of Member States and of the countries of origin and transit; |
| --- | --- |

28.

Calls on the Member States to strengthen cooperation and mutual technical assistance between their border control services and for increased financing for Frontex, in order to combat human trafficking; requests that the conclusion of readmission agreements be fair and respect the fundamental rights of migrants and take into consideration the shared needs of Member States and of the countries of origin and transit;

| 29. | Believes that a common immigration, visa and asylum policy, as well as an effective economic and social integration of immigrants on the basis of common principles, must be at the heart of EU action for 2007; welcomes the proposed Commission initiatives on labour immigration and on sanctions for employers of illegally resident third country nationals; reiterates its call for a move to the codecision procedure and qualified-majority voting in all areas related to immigration; |
| --- | --- |

29.

Believes that a common immigration, visa and asylum policy, as well as an effective economic and social integration of immigrants on the basis of common principles, must be at the heart of EU action for 2007; welcomes the proposed Commission initiatives on labour immigration and on sanctions for employers of illegally resident third country nationals; reiterates its call for a move to the codecision procedure and qualified-majority voting in all areas related to immigration;

| 30. | Stresses the need for a common EU visa policy, with the conclusion of the VIS (Visa Information System) being a key element of this objective; stresses, however, its concern in relation to data protection, access to data and the interoperability of databases and regrets that the framework decision on data protection under the third pillar remains blocked in the Council; |
| --- | --- |

30.

Stresses the need for a common EU visa policy, with the conclusion of the VIS (Visa Information System) being a key element of this objective; stresses, however, its concern in relation to data protection, access to data and the interoperability of databases and regrets that the framework decision on data protection under the third pillar remains blocked in the Council;

| 31. | Strongly supports the Commission in its intention to update the framework decision on the fight against terrorism, in particular by addressing the problems of the spread of explosives and the transmission of expertise, and by combating terrorism propaganda, yet stresses that increased security for citizens must not compromise the protection of their fundamental rights; |
| --- | --- |

31.

Strongly supports the Commission in its intention to update the framework decision on the fight against terrorism, in particular by addressing the problems of the spread of explosives and the transmission of expertise, and by combating terrorism propaganda, yet stresses that increased security for citizens must not compromise the protection of their fundamental rights;

| 32. | Insists on the need to tackle cyber-crime, as well as to improve border controls and the management of visa requests, whilst emphasising the importance of the rapid entry into force of both SIS II and VIS; |
| --- | --- |

32.

Insists on the need to tackle cyber-crime, as well as to improve border controls and the management of visa requests, whilst emphasising the importance of the rapid entry into force of both SIS II and VIS;

| 33. | Urges the Commission to put forward in 2007 a report on how the rights of seasonal workers in the EU can be safeguarded in order to avoid abuses and violation of core labour standards, as is currently the case; |
| --- | --- |

33.

Urges the Commission to put forward in 2007 a report on how the rights of seasonal workers in the EU can be safeguarded in order to avoid abuses and violation of core labour standards, as is currently the case;

| 34. | Recalls that much remains to be done to secure fair and efficient access to justice for everyone; calls for more initiatives in the field of civil justice in order to deliver the balanced legal framework that would give security and access to justice; |
| --- | --- |

34.

Recalls that much remains to be done to secure fair and efficient access to justice for everyone; calls for more initiatives in the field of civil justice in order to deliver the balanced legal framework that would give security and access to justice;

Secure, competitive and sustainable energy

| 35. | Welcomes the Commission's proposal to make the development of ‘European energy policy’ a strategic objective for 2007, based on the principles of security and diversity of supply, sustainability, efficiency and greater energy independence; |
| --- | --- |

35.

Welcomes the Commission's proposal to make the development of ‘European energy policy’ a strategic objective for 2007, based on the principles of security and diversity of supply, sustainability, efficiency and greater energy independence;

| 36. | Stresses that an essential element of a common energy policy should be enhanced solidarity between Member States in order to deal with difficulties related to the physical security of infrastructures and security of supply; considers, furthermore, that such enhanced solidarity would considerably strengthen the capacity of the EU to defend its common interest on energy issues at international level; |
| --- | --- |

36.

Stresses that an essential element of a common energy policy should be enhanced solidarity between Member States in order to deal with difficulties related to the physical security of infrastructures and security of supply; considers, furthermore, that such enhanced solidarity would considerably strengthen the capacity of the EU to defend its common interest on energy issues at international level;

| 37. | Strongly holds the view that an essential part of maintaining security of supply is the rapid transposition of current EU law by all Member States to achieve a fully functioning internal market in electricity and gas so as to enhance competitiveness, transparency and energy efficiency; |
| --- | --- |

37.

Strongly holds the view that an essential part of maintaining security of supply is the rapid transposition of current EU law by all Member States to achieve a fully functioning internal market in electricity and gas so as to enhance competitiveness, transparency and energy efficiency;

| 38. | Urges Member States to create an EU internal energy market by setting a balance between internal and external sources of supply and ensuring interoperability of national energy grids; |
| --- | --- |

38.

Urges Member States to create an EU internal energy market by setting a balance between internal and external sources of supply and ensuring interoperability of national energy grids;

| 39. | Asks the Commission to better develop the synergies between economic development, on the one hand, and development and use of clean and energy-saving technologies, on the other, as complementarities are strong and constitute a potential source of increased competitiveness; |
| --- | --- |

39.

Asks the Commission to better develop the synergies between economic development, on the one hand, and development and use of clean and energy-saving technologies, on the other, as complementarities are strong and constitute a potential source of increased competitiveness;

Making Europe a better place to live

Environment and sustainable development

| 40. | Underlines the leading role of the European Union at international level in promoting environmental issues, and agrees that, in the following years, efforts should be directed towards the protection of biodiversity and towards climate change, especially by developing the concept of ‘green diplomacy’, as well as towards seeking a specific energy policy focused on increasing the share of renewable energy, energy saving and efficiency in Europe; |
| --- | --- |

40.

Underlines the leading role of the European Union at international level in promoting environmental issues, and agrees that, in the following years, efforts should be directed towards the protection of biodiversity and towards climate change, especially by developing the concept of ‘green diplomacy’, as well as towards seeking a specific energy policy focused on increasing the share of renewable energy, energy saving and efficiency in Europe;

| 41. | Calls on the Commission to support a strong role for the EU in devising post-Kyoto policies and new targets; welcomes in this respect the proposed Green Paper on post-2012 climate change, which will help identify areas in which action is needed; |
| --- | --- |

41.

Calls on the Commission to support a strong role for the EU in devising post-Kyoto policies and new targets; welcomes in this respect the proposed Green Paper on post-2012 climate change, which will help identify areas in which action is needed;

| 42. | Expects the proposal to review the EU emissions trading scheme to aim at improving the environmental effectiveness of the scheme, thereby also including aviation emissions in it; |
| --- | --- |

42.

Expects the proposal to review the EU emissions trading scheme to aim at improving the environmental effectiveness of the scheme, thereby also including aviation emissions in it;

| 43. | Urges the Commission to better coordinate transport and environment policy in the spirit of sustainable development, proposing concrete targets for CO2 reduction for the total vehicle fleet and integrating air transport into the binding obligations of the Kyoto Protocol; |
| --- | --- |

43.

Urges the Commission to better coordinate transport and environment policy in the spirit of sustainable development, proposing concrete targets for CO2 reduction for the total vehicle fleet and integrating air transport into the binding obligations of the Kyoto Protocol;

| 44. | Regrets that the protection and conservation of biodiversity in the EU has not been highlighted as a priority for 2007, and all the more warmly encourages the Commission to take the lead in facing the global challenge of biodiversity loss, whilst ensuring the proper management of the NATURA 2000 network, especially in marine zones; |
| --- | --- |

44.

Regrets that the protection and conservation of biodiversity in the EU has not been highlighted as a priority for 2007, and all the more warmly encourages the Commission to take the lead in facing the global challenge of biodiversity loss, whilst ensuring the proper management of the NATURA 2000 network, especially in marine zones;

| 45. | Calls on the Commission to take the necessary initiatives to enable the creation of a better environment for developing non-CO2 energy sources; underlines the fact that climate change has consequences not only for the environment, but also for health and therefore asks the Commission to address new threats and long-term effects; |
| --- | --- |

45.

Calls on the Commission to take the necessary initiatives to enable the creation of a better environment for developing non-CO2 energy sources; underlines the fact that climate change has consequences not only for the environment, but also for health and therefore asks the Commission to address new threats and long-term effects;

Health

| 46. | Welcomes the Commission's contribution to shaping health policy in Europe, and strongly believes that the protection and promotion of health should constitute an underlying component of EU policies; |
| --- | --- |

46.

Welcomes the Commission's contribution to shaping health policy in Europe, and strongly believes that the protection and promotion of health should constitute an underlying component of EU policies;

| 47. | Underlines the fact that an effective European health strategy calls for improved collaboration between health services, in particular as regards patient mobility and patient safety (e.g. drug counterfeiting), information for patients on pharmaceuticals, and lifestyle changes, and in addressing the challenges of healthy ageing; |
| --- | --- |

47.

Underlines the fact that an effective European health strategy calls for improved collaboration between health services, in particular as regards patient mobility and patient safety (e.g. drug counterfeiting), information for patients on pharmaceuticals, and lifestyle changes, and in addressing the challenges of healthy ageing;

Agriculture and fisheries

| 48. | Notes the Commission's intention to bring forward a proposal on the simplification of the CAP as well as on a single common market organisation (CMO), in line with the objectives of simplification and transparency; stresses that in view of the revision of the budgetary framework the regional, social and environmental role of the CAP should be enhanced, together with the stabilisation of the Community agricultural funds; |
| --- | --- |

48.

Notes the Commission's intention to bring forward a proposal on the simplification of the CAP as well as on a single common market organisation (CMO), in line with the objectives of simplification and transparency; stresses that in view of the revision of the budgetary framework the regional, social and environmental role of the CAP should be enhanced, together with the stabilisation of the Community agricultural funds;

| 49. | Welcomes the stepping up of simplification initiatives in the field of the CAP and attaches particular importance to the Commission's commitment to report on the operation of the cross-compliance system; expresses its support for the Commission's intention to recast and modernise existing feed labelling requirements; |
| --- | --- |

49.

Welcomes the stepping up of simplification initiatives in the field of the CAP and attaches particular importance to the Commission's commitment to report on the operation of the cross-compliance system; expresses its support for the Commission's intention to recast and modernise existing feed labelling requirements;

| 50. | Welcomes the proposed regulation aimed at stepping up the fight against illegal, unreported and unregulated fishing, given in particular the considerable losses which such fishing causes to coastal communities and to legally operating fishermen; regrets, however, the general lack of initiative and political impulse in the CFP field, which is necessary to confront new challenges both within the EU and internationally; |
| --- | --- |

50.

Welcomes the proposed regulation aimed at stepping up the fight against illegal, unreported and unregulated fishing, given in particular the considerable losses which such fishing causes to coastal communities and to legally operating fishermen; regrets, however, the general lack of initiative and political impulse in the CFP field, which is necessary to confront new challenges both within the EU and internationally;

Europe as a world partner

Neighbourhood policy

| 51. | Welcomes the commitment by the Commission to give priority to strengthening the European Neighbourhood Policy, but believes that concrete proposals and steps are needed to give content to this commitment; warns against the risk that the European Neighbourhood Policy may limit itself to bilateral and administrative or ‘bureaucratic’ relations with the countries concerned; expresses the view that certain features of the policy ought to be revised, in order to take account of the expectations of the various countries concerned and to tailor arrangements better to their needs; calls in this respect for the Parliament to be involved in the process; |
| --- | --- |

51.

Welcomes the commitment by the Commission to give priority to strengthening the European Neighbourhood Policy, but believes that concrete proposals and steps are needed to give content to this commitment; warns against the risk that the European Neighbourhood Policy may limit itself to bilateral and administrative or ‘bureaucratic’ relations with the countries concerned; expresses the view that certain features of the policy ought to be revised, in order to take account of the expectations of the various countries concerned and to tailor arrangements better to their needs; calls in this respect for the Parliament to be involved in the process;

| 52. | Calls on the Commission to draw up an annual report on compliance with the human rights and democracy clause of the agreements with Neighbourhood Policy countries, accompanied by a detailed evaluation and recommendations dealing with the effectiveness and coherence of the action taken; |
| --- | --- |

52.

Calls on the Commission to draw up an annual report on compliance with the human rights and democracy clause of the agreements with Neighbourhood Policy countries, accompanied by a detailed evaluation and recommendations dealing with the effectiveness and coherence of the action taken;

Stability and democracy in South East Europe

| 53. | Notes that the countries of South East Europe are coming closer to acquiring the accession momentum referred to in the ‘Thessaloniki Declaration’, and expects the Union to take a leading role in consolidating stability and increasing prosperity in the Western Balkans, thus helping the countries of the region on their way to EU membership; |
| --- | --- |

53.

Notes that the countries of South East Europe are coming closer to acquiring the accession momentum referred to in the ‘Thessaloniki Declaration’, and expects the Union to take a leading role in consolidating stability and increasing prosperity in the Western Balkans, thus helping the countries of the region on their way to EU membership;

Russia

| 54. | Reminds the Commission that the current Partnership and Cooperation Agreement with Russia will expire in 2007; calls on the Commission to propose guiding principles for the strategic content of the EU's relations with Russia, and in particular to emphasise the importance of placing democracy, human rights and freedom of expression at the core of future relations, establishing a clear mechanism for monitoring the implementation of all the clauses of such an agreement; |
| --- | --- |

54.

Reminds the Commission that the current Partnership and Cooperation Agreement with Russia will expire in 2007; calls on the Commission to propose guiding principles for the strategic content of the EU's relations with Russia, and in particular to emphasise the importance of placing democracy, human rights and freedom of expression at the core of future relations, establishing a clear mechanism for monitoring the implementation of all the clauses of such an agreement;

Development policy

| 55. | Requests the Member States and the Commission to be more ambitious in respecting their commitment to the Millennium Development Goals, and calls on the Commission to come forward with concrete proposals for alternative financing of development programmes; |
| --- | --- |

55.

Requests the Member States and the Commission to be more ambitious in respecting their commitment to the Millennium Development Goals, and calls on the Commission to come forward with concrete proposals for alternative financing of development programmes;

| 56. | Believes that, in order to enable the ACP countries to meet their development goals, the regional development aspect should be properly respected in negotiations on the Economic Partnership Agreements; |
| --- | --- |

56.

Believes that, in order to enable the ACP countries to meet their development goals, the regional development aspect should be properly respected in negotiations on the Economic Partnership Agreements;

Trade policy and WTO negotiations

| 57. | At multilateral level, calls for a successful and ambitious outcome of the Doha Round; regrets that it was necessary to suspend the negotiations on the Doha Development Agenda sine die and points out that a failure of multilateral negotiations and a shift to bilateral/regional agreements could lead to an unequal process of liberalisation and uneven development and would thus adversely affect the least developed countries in particular; |
| --- | --- |

57.

At multilateral level, calls for a successful and ambitious outcome of the Doha Round; regrets that it was necessary to suspend the negotiations on the Doha Development Agenda sine die and points out that a failure of multilateral negotiations and a shift to bilateral/regional agreements could lead to an unequal process of liberalisation and uneven development and would thus adversely affect the least developed countries in particular;

ESDP

| 58. | Stresses the need to strengthen the mechanisms for parliamentary oversight of the development of the European Security and Defence Policy (ESDP) in general, and ESDP missions in particular, and highlights the need to provide information proactively and to conduct debates before joint actions in the field of ESDP are decided on, so that Parliament can voice its opinion and concerns; |
| --- | --- |

58.

Stresses the need to strengthen the mechanisms for parliamentary oversight of the development of the European Security and Defence Policy (ESDP) in general, and ESDP missions in particular, and highlights the need to provide information proactively and to conduct debates before joint actions in the field of ESDP are decided on, so that Parliament can voice its opinion and concerns;

Better lawmaking

| 59. | Underlines the need to accelerate the simplification and consolidation of EU legislation and to put more effort into better regulation, prompt transposition and correct implementation of EU legislation; calls for a stronger monitoring and enforcement mechanism in respect of the implementation of EU legislation in the Member States; |
| --- | --- |

59.

Underlines the need to accelerate the simplification and consolidation of EU legislation and to put more effort into better regulation, prompt transposition and correct implementation of EU legislation; calls for a stronger monitoring and enforcement mechanism in respect of the implementation of EU legislation in the Member States;

| 60. | Insists that all simplification initiatives comply fully with all the principles and conditions outlined in its resolution of 16 May 2006 on the strategy for simplification of the regulatory environment (1); |
| --- | --- |

60.

Insists that all simplification initiatives comply fully with all the principles and conditions outlined in its resolution of 16 May 2006 on the strategy for simplification of the regulatory environment (1);

Impact assessments

| 61. | Welcomes the inclusion of impact assessments in the legislative process, and the fact that the LWP highlights agreement on the need for high-quality legislation, with the Commission undertaking to carry out impact assessments on all strategic and priority initiatives; insists on the need for independent impact assessments, but emphasises that these should not lead to unjustified delays in Commissions proposals; recalls that ‘better regulation’ does not necessarily mean deregulation or forms of minimal regulation; |
| --- | --- |

61.

Welcomes the inclusion of impact assessments in the legislative process, and the fact that the LWP highlights agreement on the need for high-quality legislation, with the Commission undertaking to carry out impact assessments on all strategic and priority initiatives; insists on the need for independent impact assessments, but emphasises that these should not lead to unjustified delays in Commissions proposals; recalls that ‘better regulation’ does not necessarily mean deregulation or forms of minimal regulation;

Soft law

| 62. | Regrets the increasing use by the Commission of soft law, such as recommendations and interpretative communications, thereby circumventing the prerogatives of the legislative authority; |
| --- | --- |

62.

Regrets the increasing use by the Commission of soft law, such as recommendations and interpretative communications, thereby circumventing the prerogatives of the legislative authority;

Monitoring of implementation and enforcement of the acquis

| 63. | Regrets that the Commission has only offered a weak response to Parliament's request concerning implementation of EU legislation in the Member States; |
| --- | --- |

63.

Regrets that the Commission has only offered a weak response to Parliament's request concerning implementation of EU legislation in the Member States;

| 64. | Requests the Commission to make the whole process of transposition and implementation more transparent and to persuade Member States to produce the ‘correlation tables’ that show exactly which parts of any piece of legislation derive from the EU and from national law respectively; |
| --- | --- |

64.

Requests the Commission to make the whole process of transposition and implementation more transparent and to persuade Member States to produce the ‘correlation tables’ that show exactly which parts of any piece of legislation derive from the EU and from national law respectively;

Budgetary responsibility

| 65. | Expects all new reforms set out in the new Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management to be fully implemented in the course of 2007, thus enabling a swift result in terms of higher-quality implementation of the budget; |
| --- | --- |

65.

Expects all new reforms set out in the new Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management to be fully implemented in the course of 2007, thus enabling a swift result in terms of higher-quality implementation of the budget;

| 66. | Asks the Commission to ensure, facilitate and encourage the total implementation of the EU budget, in particular in the new Member States, given the fact that 2007 will be a crucial year for the implementation of the new structural policy; asks the Commission to apply all the necessary measures in order to ensure that the operational programmes for the new financing period, in accordance with the strategic guidelines for cohesion, are ready and implemented on time for all Member States; |
| --- | --- |

66.

Asks the Commission to ensure, facilitate and encourage the total implementation of the EU budget, in particular in the new Member States, given the fact that 2007 will be a crucial year for the implementation of the new structural policy; asks the Commission to apply all the necessary measures in order to ensure that the operational programmes for the new financing period, in accordance with the strategic guidelines for cohesion, are ready and implemented on time for all Member States;

| 67. | Underlines the importance it attaches to the reform agenda, in particular in the field of the fight against fraud and mismanagement, as any such cases help to increase EU scepticism; deplores the fact that the Commission seems to have downgraded its original reform programme; in this context calls on the Commission to continue its work on the Action Plan for an Integrated Internal Control Framework and the Transparency Initiative; |
| --- | --- |

67.

Underlines the importance it attaches to the reform agenda, in particular in the field of the fight against fraud and mismanagement, as any such cases help to increase EU scepticism; deplores the fact that the Commission seems to have downgraded its original reform programme; in this context calls on the Commission to continue its work on the Action Plan for an Integrated Internal Control Framework and the Transparency Initiative;

*

- *

| 68. | Instructs its President to forward this resolution to Council, the Commission and the parliaments of the Member States. |
| --- | --- |

68.

Instructs its President to forward this resolution to Council, the Commission and the parliaments of the Member States.

---

(1)  Texts adopted, P6_TA(2006)0205.

P6_TA(2006)0566

Russia-EU Summit

European Parliament resolution on the EU-Russia Summit in Helsinki on 24 November 2006

The European Parliament,

| — | having regard to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part (PCA) (1), which entered into force in 1997 and expires in 2007, |
| --- | --- |

—

having regard to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part (PCA) (1), which entered into force in 1997 and expires in 2007,

| — | having regard to the EU-Russia human rights consultations, |
| --- | --- |

—

having regard to the EU-Russia human rights consultations,

| — | having regard to the current international and European responsibilities of Russia, in its capacity as President-in-Office of the G8 and Chair of the Committee of Ministers of the Council of Europe, |
| --- | --- |

—

having regard to the current international and European responsibilities of Russia, in its capacity as President-in-Office of the G8 and Chair of the Committee of Ministers of the Council of Europe,

| — | having regard to its previous resolutions on Russia, and in particular its resolution of 25 October 2006 on EU-Russia relations following the murder of the Russian journalist Anna Politkovskaya (2), its resolution of 23 March 2006 on security of energy supply in the European Union (3) and its resolution of 26 May 2005 on EU-Russia relations (4), |
| --- | --- |

—

having regard to its previous resolutions on Russia, and in particular its resolution of 25 October 2006 on EU-Russia relations following the murder of the Russian journalist Anna Politkovskaya (2), its resolution of 23 March 2006 on security of energy supply in the European Union (3) and its resolution of 26 May 2005 on EU-Russia relations (4),

| — | having regard to the outcome of the 18th EU-Russia Summit, held in Helsinki on 24 November 2006, |
| --- | --- |

—

having regard to the outcome of the 18th EU-Russia Summit, held in Helsinki on 24 November 2006,

| — | having regard to Rule 103(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 103(4) of its Rules of Procedure,

| A. | whereas relations between the EU and Russia have been steadily developing over the past few years, leading to deep and comprehensive economic integration and interdependency, which is bound to increase even more in the near future, |
| --- | --- |

A.

whereas relations between the EU and Russia have been steadily developing over the past few years, leading to deep and comprehensive economic integration and interdependency, which is bound to increase even more in the near future,

| B. | whereas enhanced cooperation and good-neighbourly relations between the EU and Russia are of key importance to the stability, security and prosperity of the whole of Europe, |
| --- | --- |

B.

whereas enhanced cooperation and good-neighbourly relations between the EU and Russia are of key importance to the stability, security and prosperity of the whole of Europe,

| C. | whereas the conclusion of a Strategic Partnership Agreement between the EU and the Russian Federation is of the utmost importance for this greater cooperation, in particular with regard to the further development of economic relations based on equality, transparency and respect for internationally recognised procedures, to the strengthening of security and stability in Europe by finding peaceful political solutions to regional conflicts in the joint neighbourhood, and to the further strengthening of respect for human rights, respect for the rule of law and a democratic framework as a basis for these relations, |
| --- | --- |

C.

whereas the conclusion of a Strategic Partnership Agreement between the EU and the Russian Federation is of the utmost importance for this greater cooperation, in particular with regard to the further development of economic relations based on equality, transparency and respect for internationally recognised procedures, to the strengthening of security and stability in Europe by finding peaceful political solutions to regional conflicts in the joint neighbourhood, and to the further strengthening of respect for human rights, respect for the rule of law and a democratic framework as a basis for these relations,

| D. | whereas the rapid implementation of the four common areas, with a common economic area, an area of freedom, security and justice, an area of external security and an area of research, education and culture, should be at the heart of the negotiations on the new Strategic Partnership Agreement, |
| --- | --- |

D.

whereas the rapid implementation of the four common areas, with a common economic area, an area of freedom, security and justice, an area of external security and an area of research, education and culture, should be at the heart of the negotiations on the new Strategic Partnership Agreement,

| E. | whereas security of energy supply is one of the biggest challenges for Europe and one of the major fields of cooperation with Russia, and whereas the EU imports approximately a quarter of its gas and oil from Russia and is the most reliable consumer of Russian exports, |
| --- | --- |

E.

whereas security of energy supply is one of the biggest challenges for Europe and one of the major fields of cooperation with Russia, and whereas the EU imports approximately a quarter of its gas and oil from Russia and is the most reliable consumer of Russian exports,

| F. | whereas the above-mentioned EU-Russia Summit of 24 November 2006 was intended to mark the start of a new phase in EU-Russia relations and, in particular, to launch negotiations on a new framework agreement between the EU and Russia to replace the PCA, which expires in 2007, |
| --- | --- |

F.

whereas the above-mentioned EU-Russia Summit of 24 November 2006 was intended to mark the start of a new phase in EU-Russia relations and, in particular, to launch negotiations on a new framework agreement between the EU and Russia to replace the PCA, which expires in 2007,

| G. | whereas Poland has blocked the start of the negotiations on the new framework agreement, making the start of the negotiations conditional upon Moscow lifting a ban on Polish meat imports introduced in 2005, |
| --- | --- |

G.

whereas Poland has blocked the start of the negotiations on the new framework agreement, making the start of the negotiations conditional upon Moscow lifting a ban on Polish meat imports introduced in 2005,

| H. | whereas on 10 November 2006 Russia imposed a new embargo on imports of Polish meat and poultry products, saying that it was concerned about breaches of veterinary regulations; whereas Russia has recently also imposed a ban on imports of fish and fish products from the EU; whereas ahead of the above-mentioned EU-Russia Summit of 24 November 2006 Russia threatened to extend the former ban to the whole of the EU over concerns about swine fever in Romania and Bulgaria, |
| --- | --- |

H.

whereas on 10 November 2006 Russia imposed a new embargo on imports of Polish meat and poultry products, saying that it was concerned about breaches of veterinary regulations; whereas Russia has recently also imposed a ban on imports of fish and fish products from the EU; whereas ahead of the above-mentioned EU-Russia Summit of 24 November 2006 Russia threatened to extend the former ban to the whole of the EU over concerns about swine fever in Romania and Bulgaria,

| I. | whereas the recent killings of prominent opponents of the Russian Government have caused great concern in the whole of Europe, |
| --- | --- |

I.

whereas the recent killings of prominent opponents of the Russian Government have caused great concern in the whole of Europe,

| J. | whereas there is widespread concern in Russia, the EU and elsewhere over democracy and human rights in Russia and the inability of the Russian police and judicial authorities to find those responsible for political murders, |
| --- | --- |

J.

whereas there is widespread concern in Russia, the EU and elsewhere over democracy and human rights in Russia and the inability of the Russian police and judicial authorities to find those responsible for political murders,

| K. | whereas border-crossing formalities are very slow at the EU-Russian borders, causing intolerable queues of lorries at some checkpoints, |
| --- | --- |

K.

whereas border-crossing formalities are very slow at the EU-Russian borders, causing intolerable queues of lorries at some checkpoints,

| L. | whereas the EU should be able to unite its forces and speak with one voice in its relations with Russia, |
| --- | --- |

L.

whereas the EU should be able to unite its forces and speak with one voice in its relations with Russia,

| 1. | Acknowledges the importance of Russia as a strategic cooperation partner, with which the EU shares not only economic and trade interests but also the objective of cooperating closely in the international arena as well as in the common neighbourhood; |
| --- | --- |

1.

Acknowledges the importance of Russia as a strategic cooperation partner, with which the EU shares not only economic and trade interests but also the objective of cooperating closely in the international arena as well as in the common neighbourhood;

| 2. | Stresses the importance of unity and solidarity among the EU Member States in their relations with Russia; welcomes, therefore, the common EU line established at the unofficial Lahti Summit on 20 October 2006, enabling the EU to speak with one voice at its meetings with President Vladimir Putin in Lahti and in Helsinki; |
| --- | --- |

2.

Stresses the importance of unity and solidarity among the EU Member States in their relations with Russia; welcomes, therefore, the common EU line established at the unofficial Lahti Summit on 20 October 2006, enabling the EU to speak with one voice at its meetings with President Vladimir Putin in Lahti and in Helsinki;

| 3. | Welcomes the open discussions on democracy and human rights at the above-mentioned EU-Russia Summit of 24 November 2006 and the Lathi Summit; emphasises, however, that the current situation in Russia gives rise to serious concern in terms of respect for human rights, democracy, freedom of expression and the rights of civil society and individuals to challenge and hold the authorities accountable for their actions; |
| --- | --- |

3.

Welcomes the open discussions on democracy and human rights at the above-mentioned EU-Russia Summit of 24 November 2006 and the Lathi Summit; emphasises, however, that the current situation in Russia gives rise to serious concern in terms of respect for human rights, democracy, freedom of expression and the rights of civil society and individuals to challenge and hold the authorities accountable for their actions;

| 4. | Regrets the failure of the above-mentioned EU-Russia Summit of 24 November 2006 to launch negotiations on a new framework agreement between the EU and Russia and encourages the Finnish and German Presidencies to continue to work to enable the negotiating mandate for a new agreement to be adopted as soon as possible and to start negotiations without further delay; |
| --- | --- |

4.

Regrets the failure of the above-mentioned EU-Russia Summit of 24 November 2006 to launch negotiations on a new framework agreement between the EU and Russia and encourages the Finnish and German Presidencies to continue to work to enable the negotiating mandate for a new agreement to be adopted as soon as possible and to start negotiations without further delay;

| 5. | Stresses that a robust defence of human rights and democratic values should be a core principle of any EU engagement with Russia; urges the Commission to send a clear signal to all parties involved that these values will not have a subsidiary status in the EU-Russia negotiating package; |
| --- | --- |

5.

Stresses that a robust defence of human rights and democratic values should be a core principle of any EU engagement with Russia; urges the Commission to send a clear signal to all parties involved that these values will not have a subsidiary status in the EU-Russia negotiating package;

| 6. | Regrets that the fourth round of the EU-Russia human rights consultations has brought about no substantial progress in this field, which should be a priority in bilateral relations; calls therefore on the Russian Government to contribute to the intensification of the EU-Russia human rights consultations as an essential part of the EU-Russia partnership, and to allow the free functioning of domestic and international human rights organisations and other NGOs and to protect the personal safety of human rights defenders; calls on the Commission and the Council to ensure that any financial assistance granted to Russia is linked to the development of democratic standards in that country; |
| --- | --- |

6.

Regrets that the fourth round of the EU-Russia human rights consultations has brought about no substantial progress in this field, which should be a priority in bilateral relations; calls therefore on the Russian Government to contribute to the intensification of the EU-Russia human rights consultations as an essential part of the EU-Russia partnership, and to allow the free functioning of domestic and international human rights organisations and other NGOs and to protect the personal safety of human rights defenders; calls on the Commission and the Council to ensure that any financial assistance granted to Russia is linked to the development of democratic standards in that country;

| 7. | Expresses its deep concern at the latest reports from international human rights organisations and United Nations (UN) experts about the use of torture in Russian prisons and police stations and in secret detention centres in Chechnya, which includes inhumane and degrading acts committed by public officials; strongly condemns such practices and calls on the Russian authorities to investigate the abuses, immediately put an end to any misconduct and prosecute the perpetrators; |
| --- | --- |

7.

Expresses its deep concern at the latest reports from international human rights organisations and United Nations (UN) experts about the use of torture in Russian prisons and police stations and in secret detention centres in Chechnya, which includes inhumane and degrading acts committed by public officials; strongly condemns such practices and calls on the Russian authorities to investigate the abuses, immediately put an end to any misconduct and prosecute the perpetrators;

| 8. | Emphasises the need to work together with Russia as a necessary strategic partner to ensure peace, stability and security and fight international terrorism and violent extremism, as well as address other security issues such as environmental and nuclear hazards, drugs, trafficking in arms and human beings and cross-border organised crime in the European neighbourhood in cooperation with the OSCE and other international fora; |
| --- | --- |

8.

Emphasises the need to work together with Russia as a necessary strategic partner to ensure peace, stability and security and fight international terrorism and violent extremism, as well as address other security issues such as environmental and nuclear hazards, drugs, trafficking in arms and human beings and cross-border organised crime in the European neighbourhood in cooperation with the OSCE and other international fora;

| 9. | Calls on the Commission and the Council to pursue joint initiatives with the Russian Government to strengthen democracy, security and stability in the common neighbourhood, in particular by means of joint activities to establish democracy and respect for basic human rights in Belarus and of joint efforts to finally resolve the conflicts in Moldova, Georgia and Nagorno Karabakh; calls on the EU and Russia to assume their responsibility as members of the Quartet (which also consists of the UN and the United States) for the resolution of the Middle East conflict and to promote efforts to hold an international peace conference on a regional Middle East peace agreement; |
| --- | --- |

9.

Calls on the Commission and the Council to pursue joint initiatives with the Russian Government to strengthen democracy, security and stability in the common neighbourhood, in particular by means of joint activities to establish democracy and respect for basic human rights in Belarus and of joint efforts to finally resolve the conflicts in Moldova, Georgia and Nagorno Karabakh; calls on the EU and Russia to assume their responsibility as members of the Quartet (which also consists of the UN and the United States) for the resolution of the Middle East conflict and to promote efforts to hold an international peace conference on a regional Middle East peace agreement;

| 10. | Points out that progress towards signing and ratifying the outstanding border agreements between Estonia and Russia and Latvia and Russia remains a high priority for EU-Russia relations, and that the issue should be dealt with in a constructive and fair manner acceptable to all sides; |
| --- | --- |

10.

Points out that progress towards signing and ratifying the outstanding border agreements between Estonia and Russia and Latvia and Russia remains a high priority for EU-Russia relations, and that the issue should be dealt with in a constructive and fair manner acceptable to all sides;

| 11. | Deplores the disputes about the export of agricultural and fish products from the EU to Russia; is of the opinion that the continuation of these trade disputes seriously endangers the further development of relations between Russia and the EU; therefore calls on the Commission and the Russian Government to resolve these outstanding trade disputes as a matter of urgency; insists that the EU show the necessary solidarity with all Member States, in particular Poland, which is suffering discrimination under Russia's trade policy; |
| --- | --- |

11.

Deplores the disputes about the export of agricultural and fish products from the EU to Russia; is of the opinion that the continuation of these trade disputes seriously endangers the further development of relations between Russia and the EU; therefore calls on the Commission and the Russian Government to resolve these outstanding trade disputes as a matter of urgency; insists that the EU show the necessary solidarity with all Member States, in particular Poland, which is suffering discrimination under Russia's trade policy;

| 12. | Expresses its concern about declarations by the Russian authorities to the effect that they will impose restrictions on EU agricultural products after the accession of Bulgaria and Romania; |
| --- | --- |

12.

Expresses its concern about declarations by the Russian authorities to the effect that they will impose restrictions on EU agricultural products after the accession of Bulgaria and Romania;

| 13. | Expresses its deepest concern about the continuing series of murders of prominent persons, such as Anna Politkovskaya, who oppose the current Russian Government or who have stood up for the basic rights of Russian citizens; emphasises that the Council and the Commission must react with all their authority and stresses that the partnership with Russia will seriously be affected if Russia fails to demonstrate its ability and strong willingness to assist in the investigations to find the killers and to fulfil its duty to stop this vicious circle and prosecute those responsible; |
| --- | --- |

13.

Expresses its deepest concern about the continuing series of murders of prominent persons, such as Anna Politkovskaya, who oppose the current Russian Government or who have stood up for the basic rights of Russian citizens; emphasises that the Council and the Commission must react with all their authority and stresses that the partnership with Russia will seriously be affected if Russia fails to demonstrate its ability and strong willingness to assist in the investigations to find the killers and to fulfil its duty to stop this vicious circle and prosecute those responsible;

| 14. | Urges the Russian Federation, as a member of the Council of Europe, to improve conditions for prisoners and put an end to difficulties of access to some of them for lawyers; points out that according to the Russian Criminal Code detainees should be imprisoned either close to their place of residence or close to the place where the trial has taken place, as exemplified by the prisoners Mr Khodorkovsky and Mr Lebedev; |
| --- | --- |

14.

Urges the Russian Federation, as a member of the Council of Europe, to improve conditions for prisoners and put an end to difficulties of access to some of them for lawyers; points out that according to the Russian Criminal Code detainees should be imprisoned either close to their place of residence or close to the place where the trial has taken place, as exemplified by the prisoners Mr Khodorkovsky and Mr Lebedev;

| 15. | Welcomes the agreement reached at the above-mentioned EU-Russia Summit of 24 November 2006 to phase out the fees which Russia charges to EU airlines flying over Siberia, resolving a 20-year dispute between the two sides and paving the way for EU carriers to increase the number of routes to the growing markets in Asia; notes that the dispute over charges, which cost EU airlines more than 250 million euro a year, was one of the last hurdles the EU identified after its agreement with Russia on the country's accession to the World Trade Organization (WTO), which will open up new possibilities for increased cooperation and trade between the EU and Russia; |
| --- | --- |

15.

Welcomes the agreement reached at the above-mentioned EU-Russia Summit of 24 November 2006 to phase out the fees which Russia charges to EU airlines flying over Siberia, resolving a 20-year dispute between the two sides and paving the way for EU carriers to increase the number of routes to the growing markets in Asia; notes that the dispute over charges, which cost EU airlines more than 250 million euro a year, was one of the last hurdles the EU identified after its agreement with Russia on the country's accession to the World Trade Organization (WTO), which will open up new possibilities for increased cooperation and trade between the EU and Russia;

| 16. | Expresses concern that recent changes to Part IV of the Russian Civil Code concerning intellectual property rights fall short of the standards required for the WTO (TRIPS), and still further short of the deeper commitments envisaged for a strategic partnership; |
| --- | --- |

16.

Expresses concern that recent changes to Part IV of the Russian Civil Code concerning intellectual property rights fall short of the standards required for the WTO (TRIPS), and still further short of the deeper commitments envisaged for a strategic partnership;

| 17. | Welcomes the intensified EU-Russia dialogue on energy issues; underlines the strategic importance of cooperation on energy and the need to enhance EU-Russia energy relations; stresses that further cooperation in this field must be based on the principles of interdependence and transparency, as well as the importance of reciprocity in terms of access to markets, infrastructure and investment, with the objective of avoiding oligopolistic market structures and diversifying the EU's energy supply; in this context, calls on Russia to respect the principles of the Energy Charter Treaty, which entered into force in April 1998, and to increase cooperation on energy efficiency, energy saving and renewable energy; |
| --- | --- |

17.

Welcomes the intensified EU-Russia dialogue on energy issues; underlines the strategic importance of cooperation on energy and the need to enhance EU-Russia energy relations; stresses that further cooperation in this field must be based on the principles of interdependence and transparency, as well as the importance of reciprocity in terms of access to markets, infrastructure and investment, with the objective of avoiding oligopolistic market structures and diversifying the EU's energy supply; in this context, calls on Russia to respect the principles of the Energy Charter Treaty, which entered into force in April 1998, and to increase cooperation on energy efficiency, energy saving and renewable energy;

| 18. | Calls on the Council and the Commission to redouble their efforts to solve the border-crossing problems at the EU-Russian borders; points out that additional cross-border capacity must be built in order to accommodate an increase in the flow of goods; urges the Russian authorities to reduce queuing at the border by speeding up the inspections and by removing some of them from the border area to more remote locations; |
| --- | --- |

18.

Calls on the Council and the Commission to redouble their efforts to solve the border-crossing problems at the EU-Russian borders; points out that additional cross-border capacity must be built in order to accommodate an increase in the flow of goods; urges the Russian authorities to reduce queuing at the border by speeding up the inspections and by removing some of them from the border area to more remote locations;

| 19. | Welcomes the successful outcome of the Northern Dimension Summit in Helsinki on 24 November 2006, which took place in connection with the EU-Russia Summit and in which Russia, as well as the EU, Norway and Iceland, participated; hopes that the Northern Dimension Framework Document which was adopted at the Northern Dimension Summit will provide a good basis for developing closer regional and cross-border cooperation with Russia; |
| --- | --- |

19.

Welcomes the successful outcome of the Northern Dimension Summit in Helsinki on 24 November 2006, which took place in connection with the EU-Russia Summit and in which Russia, as well as the EU, Norway and Iceland, participated; hopes that the Northern Dimension Framework Document which was adopted at the Northern Dimension Summit will provide a good basis for developing closer regional and cross-border cooperation with Russia;

| 20. | In this regard, expresses serious concern at the measures implemented by Russia against Georgia, which are having huge economic, political and humanitarian consequences; therefore calls on the Russian authorities to lift the unjustified ban on sensitive exports from Georgia to Russia as well as to stop the ongoing repression of ethnic Georgians living in Russia; |
| --- | --- |

20.

In this regard, expresses serious concern at the measures implemented by Russia against Georgia, which are having huge economic, political and humanitarian consequences; therefore calls on the Russian authorities to lift the unjustified ban on sensitive exports from Georgia to Russia as well as to stop the ongoing repression of ethnic Georgians living in Russia;

| 21. | Emphasises the need for the EU to act with unity and determination in its efforts to strengthen relations with Russia; welcomes the intention of the German Presidency to give further high priority to this important issue; |
| --- | --- |

21.

Emphasises the need for the EU to act with unity and determination in its efforts to strengthen relations with Russia; welcomes the intention of the German Presidency to give further high priority to this important issue;

| 22. | Instructs its President to forward this resolution to the Council, the Commission and the Governments and Parliaments of the Member States and of the Russian Federation. |
| --- | --- |

22.

Instructs its President to forward this resolution to the Council, the Commission and the Governments and Parliaments of the Member States and of the Russian Federation.

---

(1)  OJ L 327, 28.11.1997, p. 1.

(2)  Texts Adopted, P6_TA(2006)0448.

(3)  Texts Adopted, P6_TA(2006)0110.

(4)  OJ C 117 E, 18.5.2006, p. 235.

P6_TA(2006)0567

Implementing Directive 85/611/EEC (UCITS III)

European Parliament resolution on the draft Commission directive implementing Council Directive 85/611/EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) as regards the clarification of certain definitions

The European Parliament,

| — | having regard to Council Directive 85/611/EEC of 20 December 1985 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (1) (the UCITS-III Directive), |
| --- | --- |

—

having regard to Council Directive 85/611/EEC of 20 December 1985 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (1) (the UCITS-III Directive),

| — | having regard to the draft Commission directive of 13 September 2006 implementing Council Directive 85/611/EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) as regards the clarification of certain definitions (working document ESC/43/2006) (the Draft Implementing Directive), |
| --- | --- |

—

having regard to the draft Commission directive of 13 September 2006 implementing Council Directive 85/611/EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) as regards the clarification of certain definitions (working document ESC/43/2006) (the Draft Implementing Directive),

| — | having regard to the advice of the Committee on European Securities Regulators (the CESR) to the European Commission on Clarification of Definitions concerning Eligible Assets for Investments of UCITS of January 2006 (2), |
| --- | --- |

—

having regard to the advice of the Committee on European Securities Regulators (the CESR) to the European Commission on Clarification of Definitions concerning Eligible Assets for Investments of UCITS of January 2006 (2),

| — | having regard to Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (3), |
| --- | --- |

—

having regard to Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (3),

| — | having regard to the statement made by Romano Prodi, President of the European Commission, before the European Parliament on 5 February 2002 (4), |
| --- | --- |

—

having regard to the statement made by Romano Prodi, President of the European Commission, before the European Parliament on 5 February 2002 (4),

| — | having regard to its resolution of 5 February 2002 on the implementation of financial services legislation (5), |
| --- | --- |

—

having regard to its resolution of 5 February 2002 on the implementation of financial services legislation (5),

| — | having regard to its resolution of 27 April 2006 on asset management (6), |
| --- | --- |

—

having regard to its resolution of 27 April 2006 on asset management (6),

| — | having regard to Rule 81 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 81 of its Rules of Procedure,

| A. | whereas assets which are eligible for UCITS have so far been interpreted differently by the supervisory authorities in the Member States, which means that, in practice, different products have been offered as UCITS, |
| --- | --- |

A.

whereas assets which are eligible for UCITS have so far been interpreted differently by the supervisory authorities in the Member States, which means that, in practice, different products have been offered as UCITS,

| B. | whereas a uniform, Europe-wide clarification of certain definitions of eligible assets is necessary in order to complete the single market, |
| --- | --- |

B.

whereas a uniform, Europe-wide clarification of certain definitions of eligible assets is necessary in order to complete the single market,

| 1. | Takes the view that a regulation, rather than a directive, is the best option to ensure the uniform, consistent and rapid transposition of the new definitions into national law; calls on the Commission to set out the reasons for preferring a directive and to examine whether its proposal for a directive can be transformed into a proposal for a regulation; |
| --- | --- |

1.

Takes the view that a regulation, rather than a directive, is the best option to ensure the uniform, consistent and rapid transposition of the new definitions into national law; calls on the Commission to set out the reasons for preferring a directive and to examine whether its proposal for a directive can be transformed into a proposal for a regulation;

| 2. | Emphasises that the CESR has made a valuable contribution to the drafting of new definitions of eligible assets for investments of UCITS and should therefore continue to be involved in its capacity as a so-called Level 3 group, particularly in order to ensure the consistency of the definitions clarified in the implementing measures in their day-to-day application; looks in this regard to CESR to issue a statement in the foreseeable future on whether Hedge Fund Indices are eligible assets; notes that Hedge Fund Indices must fulfil the basic criteria required to become eligible under UCITS III, such as sufficient diversification, the ability to serve as an adequate benchmark and appropriate publication; |
| --- | --- |

2.

Emphasises that the CESR has made a valuable contribution to the drafting of new definitions of eligible assets for investments of UCITS and should therefore continue to be involved in its capacity as a so-called Level 3 group, particularly in order to ensure the consistency of the definitions clarified in the implementing measures in their day-to-day application; looks in this regard to CESR to issue a statement in the foreseeable future on whether Hedge Fund Indices are eligible assets; notes that Hedge Fund Indices must fulfil the basic criteria required to become eligible under UCITS III, such as sufficient diversification, the ability to serve as an adequate benchmark and appropriate publication;

Transferable securities

| 3. | Stresses the importance of a presumption of liquidity in relation to the transferable securities, as referred to in Article 2(1) of the draft implementing directive, for the proper functioning of asset management activities, and calls on the Commission to make provision for the inclusion of this principle at the appropriate level; |
| --- | --- |

3.

Stresses the importance of a presumption of liquidity in relation to the transferable securities, as referred to in Article 2(1) of the draft implementing directive, for the proper functioning of asset management activities, and calls on the Commission to make provision for the inclusion of this principle at the appropriate level;

Money market instruments

| 4. | Calls on the Commission to extend the settlement period for money market instruments, which are normally traded on the money markets, from one year to a maximum of precisely 397 days, which will mean that money market instruments either have a maturity at issue of up to 397 days or have a residual maturity of up to 397 days or undergo regular yield adjustments in line with money market conditions at least every 397 days; points out in this regard that this amendment both takes into account Directive 2004/39/EC (7) and allows comparability with the rules of the US Financial Supervisory Authority; |
| --- | --- |

4.

Calls on the Commission to extend the settlement period for money market instruments, which are normally traded on the money markets, from one year to a maximum of precisely 397 days, which will mean that money market instruments either have a maturity at issue of up to 397 days or have a residual maturity of up to 397 days or undergo regular yield adjustments in line with money market conditions at least every 397 days; points out in this regard that this amendment both takes into account Directive 2004/39/EC (7) and allows comparability with the rules of the US Financial Supervisory Authority;

Financial indices

| 5. | Notes that the UCITS-III Directive fails to stipulate whether the financial indices may be based only on eligible assets or also on non-eligible assets and that Article 9 of the Draft Implementing Directive defines both categories as eligible assets, provided that all the criteria for diversification set out in Article 22a(1) of the UCITS-III Directive are met; |
| --- | --- |

5.

Notes that the UCITS-III Directive fails to stipulate whether the financial indices may be based only on eligible assets or also on non-eligible assets and that Article 9 of the Draft Implementing Directive defines both categories as eligible assets, provided that all the criteria for diversification set out in Article 22a(1) of the UCITS-III Directive are met;

| 6. | Points out that Article 9 of the Draft Implementing Directive is intended to allow Member States to raise the investment threshold for regulated markets in which certain financial market instruments and securities are very dominant (from 20 % to 35 %); considers that this means that Article 9 of the Draft Implementing Directive should refer not only to Article 22a(1), but also to Article 22a(2), of the UCITS-III Directive; |
| --- | --- |

6.

Points out that Article 9 of the Draft Implementing Directive is intended to allow Member States to raise the investment threshold for regulated markets in which certain financial market instruments and securities are very dominant (from 20 % to 35 %); considers that this means that Article 9 of the Draft Implementing Directive should refer not only to Article 22a(1), but also to Article 22a(2), of the UCITS-III Directive;

| 7. | Understands that, in accordance with Article 9(1)(a)(iii) of the Draft Implementing Directive, investments in indices that are composed of assets not set out in Article 19(1) of the UCITS-III Directive shall be permissible; points out in this regard, however, that Article 9(1)(a)(iii) of the Draft Implementing Directive does not deal adequately with some of these indices, because Article 22a(1) of the UCITS-III Directive, to which it refers, establishes limitations only with regard to the issuers of shares or debt securities and does not cover indices where diversification does not depend on the type of issuer, such as commodity indices, where diversification depends on the type of commodity; calls on the Commission, therefore, to extend the scope of Article 9(1)(a)(iii) of the Draft Implementing Directive to the effect that, where an index is adequately captured by the UCITS risk management system, it shall be considered sufficiently diversified; |
| --- | --- |

7.

Understands that, in accordance with Article 9(1)(a)(iii) of the Draft Implementing Directive, investments in indices that are composed of assets not set out in Article 19(1) of the UCITS-III Directive shall be permissible; points out in this regard, however, that Article 9(1)(a)(iii) of the Draft Implementing Directive does not deal adequately with some of these indices, because Article 22a(1) of the UCITS-III Directive, to which it refers, establishes limitations only with regard to the issuers of shares or debt securities and does not cover indices where diversification does not depend on the type of issuer, such as commodity indices, where diversification depends on the type of commodity; calls on the Commission, therefore, to extend the scope of Article 9(1)(a)(iii) of the Draft Implementing Directive to the effect that, where an index is adequately captured by the UCITS risk management system, it shall be considered sufficiently diversified;

Asset-backed commercial papers

| 8. | Takes the view that not only two-tier asset-backed commercial papers should be authorised as eligible assets, and calls, therefore, on the Commission, having due regard to the fourth indent of Article 19(1)(h) of the UCITS-III Directive, also to allow other asset-backed commercial papers as UCITS assets; |
| --- | --- |

8.

Takes the view that not only two-tier asset-backed commercial papers should be authorised as eligible assets, and calls, therefore, on the Commission, having due regard to the fourth indent of Article 19(1)(h) of the UCITS-III Directive, also to allow other asset-backed commercial papers as UCITS assets;

*

- *

| 9. | Instructs its President to forward this resolution to the Council, the Commission and the CESR. |
| --- | --- |

9.

Instructs its President to forward this resolution to the Council, the Commission and the CESR.

---

(1)  OJ L 375, 31.12.1985, p. 3.

(2)  CESR/06-005.

(3)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(4)  SPEECH/02/44.

(5)  OJ C 284 E, 21.11.2002, p. 115.

(6)  Texts Adopted, P6_TA(2006)0181.

(7)  Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC (OJ L 145, 30.4.2004, p. 1).

P6_TA(2006)0568

Enlargement Strategy and Main Challenges 2006-2007

European Parliament resolution on the Commission's Communication on the Enlargement Strategy and Main Challenges 2006-2007 (2006/2252(INI))

The European Parliament,

| — | having regard to the Commission's Communication on the Enlargement Strategy and Main Challenges 2006-2007 (COM(2006)0649), |
| --- | --- |

—

having regard to the Commission's Communication on the Enlargement Strategy and Main Challenges 2006-2007 (COM(2006)0649),

| — | having regard to its resolution of 27 September 2006 on Turkey's progress towards accession (1), |
| --- | --- |

—

having regard to its resolution of 27 September 2006 on Turkey's progress towards accession (1),

| — | having regard to the Presidency conclusions of the Copenhagen European Council of 21-22 June 1993 and of the Madrid European Council of 15-16 December 1995, of the Luxembourg European Council of 12-13 December 1997, of the Thessaloniki European Council of 19-20 June 2003 and of the Brussels Councils of 16-17 December 2004, 16-17 June 2005 and 15-16 June 2006, |
| --- | --- |

—

having regard to the Presidency conclusions of the Copenhagen European Council of 21-22 June 1993 and of the Madrid European Council of 15-16 December 1995, of the Luxembourg European Council of 12-13 December 1997, of the Thessaloniki European Council of 19-20 June 2003 and of the Brussels Councils of 16-17 December 2004, 16-17 June 2005 and 15-16 June 2006,

| — | having regard to its resolution of 16 March 2006 on the 2005 enlargement strategy paper (2), |
| --- | --- |

—

having regard to its resolution of 16 March 2006 on the 2005 enlargement strategy paper (2),

| — | having regard to its resolution of 19 January 2006 on the period of reflection: the structure, subjects and context for an assessment of the debate on the European Union (3), |
| --- | --- |

—

having regard to its resolution of 19 January 2006 on the period of reflection: the structure, subjects and context for an assessment of the debate on the European Union (3),

| — | having regard to Rule 45 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on Foreign Affairs (A6-0436/2006), whereas, |
| --- | --- |

—

having regard to the report of the Committee on Foreign Affairs (A6-0436/2006), whereas,

| A. | the European Union is a political project based on shared values and commonly pursued objectives, |
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A.

the European Union is a political project based on shared values and commonly pursued objectives,

| B. | the EU has evolved into a political union of democracies which is itself committed to democratic standards and to developing a vivid democratic culture, |
| --- | --- |

B.

the EU has evolved into a political union of democracies which is itself committed to democratic standards and to developing a vivid democratic culture,

| C. | the incentive offered by the prospect of EU membership has undeniably contributed to the promotion of reforms, the consolidation of democracy, increased respect for human rights and increasing stability in neighbouring countries, |
| --- | --- |

C.

the incentive offered by the prospect of EU membership has undeniably contributed to the promotion of reforms, the consolidation of democracy, increased respect for human rights and increasing stability in neighbouring countries,

| D. | the Thessaloniki European Council of 19-20 June 2003 reaffirmed the commitment to full implementation of the Thessaloniki agenda, and the Brussels European Council of 15-16 June 2006 reaffirmed the intention to honour the existing commitments made to the South-East European countries (Turkey and Croatia, countries with which accession negotiations are underway, the Former Yugoslav Republic of Macedonia/FYROM, as candidate country, and the Western Balkans countries, as potential candidates) concerning enlargement, while emphasising the need to ensure that the Union ‘is able to function politically, financially and institutionally as it enlarges’, |
| --- | --- |

D.

the Thessaloniki European Council of 19-20 June 2003 reaffirmed the commitment to full implementation of the Thessaloniki agenda, and the Brussels European Council of 15-16 June 2006 reaffirmed the intention to honour the existing commitments made to the South-East European countries (Turkey and Croatia, countries with which accession negotiations are underway, the Former Yugoslav Republic of Macedonia/FYROM, as candidate country, and the Western Balkans countries, as potential candidates) concerning enlargement, while emphasising the need to ensure that the Union ‘is able to function politically, financially and institutionally as it enlarges’,

| E. | the EU must proceed from its irreversible commitment to democracy and from its understanding that democracy only functions if the demos — the citizenry of Europe — recognises and supports its own enlargement through the accession of new Member States and integration of their citizens, |
| --- | --- |

E.

the EU must proceed from its irreversible commitment to democracy and from its understanding that democracy only functions if the demos — the citizenry of Europe — recognises and supports its own enlargement through the accession of new Member States and integration of their citizens,

| F. | the European Parliament, in conjunction with national parliaments, and with the support of regional and local authorities and civil society bodies, can contribute to improving transparency and accountability of the enlargement process and thereby increase public consensus on this issue, |
| --- | --- |

F.

the European Parliament, in conjunction with national parliaments, and with the support of regional and local authorities and civil society bodies, can contribute to improving transparency and accountability of the enlargement process and thereby increase public consensus on this issue,

| G. | enlargement should — as laid down in the Treaty — contribute to the European integration process and to the achievement of an ever closer union among the peoples of Europe but not undermine the political nature of this project; it should promote peace, security, stability, democracy and prosperity in Europe, |
| --- | --- |

G.

enlargement should — as laid down in the Treaty — contribute to the European integration process and to the achievement of an ever closer union among the peoples of Europe but not undermine the political nature of this project; it should promote peace, security, stability, democracy and prosperity in Europe,

| H. | for that reason, the Union's integration capacity must be taken into account when consideration is given to the future of the Union, |
| --- | --- |

H.

for that reason, the Union's integration capacity must be taken into account when consideration is given to the future of the Union,

| I. | the declaration issued at the European Council in Copenhagen of 21-22 June 1993 mentioned as an important consideration ‘the Union's capacity to absorb new members, while maintaining the momentum of European integration’, |
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I.

the declaration issued at the European Council in Copenhagen of 21-22 June 1993 mentioned as an important consideration ‘the Union's capacity to absorb new members, while maintaining the momentum of European integration’,

| J. | Member States and the EU Institutions must address courageously the institutional, financial and political factors which underlie the Union's capacity to integrate new Member States, |
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J.

Member States and the EU Institutions must address courageously the institutional, financial and political factors which underlie the Union's capacity to integrate new Member States,

| K. | this presupposes a thorough analysis of the implications which increased membership may entail for the Union's cohesion policies and for its finances, |
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K.

this presupposes a thorough analysis of the implications which increased membership may entail for the Union's cohesion policies and for its finances,

| L. | integration capacity is an evolutionary concept which must be assessed regularly in the light of new circumstances, |
| --- | --- |

L.

integration capacity is an evolutionary concept which must be assessed regularly in the light of new circumstances,

| M. | integration capacity is based on objective criteria and addresses real problems and therefore should not be confused with public perception of the impact of further enlargements, |
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M.

integration capacity is based on objective criteria and addresses real problems and therefore should not be confused with public perception of the impact of further enlargements,

| N. | integration capacity is not a new criterion applicable to the candidate countries but a pre-requisite for the success of enlargement and for deepening the process of European integration; responsibility for improving its integration capacity lies with the Union and not with the candidate countries, |
| --- | --- |

N.

integration capacity is not a new criterion applicable to the candidate countries but a pre-requisite for the success of enlargement and for deepening the process of European integration; responsibility for improving its integration capacity lies with the Union and not with the candidate countries,

| O. | acceding and candidate countries must comply with the accession criteria established by the Copenhagen European Council (Copenhagen criteria) and all other obligations stemming from the Treaties and bilateral agreements, |
| --- | --- |

O.

acceding and candidate countries must comply with the accession criteria established by the Copenhagen European Council (Copenhagen criteria) and all other obligations stemming from the Treaties and bilateral agreements,

| 1. | Agrees with the Commission that past enlargements have been a success, have strengthened the European Union by stimulating its economic growth, reinforcing its role in the world and promoting the development of new EU policies, and have promoted democracy, peace and prosperity in Europe; emphasises that enlargement in general is among the most effective instruments of foreign policy and conflict prevention policies of the EU; recalls that this success derives from the widespread support for past enlargements as the fulfilment of the initial mission of European integration to reunite the European continent after the political divisions of the twentieth century; |
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1.

Agrees with the Commission that past enlargements have been a success, have strengthened the European Union by stimulating its economic growth, reinforcing its role in the world and promoting the development of new EU policies, and have promoted democracy, peace and prosperity in Europe; emphasises that enlargement in general is among the most effective instruments of foreign policy and conflict prevention policies of the EU; recalls that this success derives from the widespread support for past enlargements as the fulfilment of the initial mission of European integration to reunite the European continent after the political divisions of the twentieth century;

| 2. | Notes nevertheless that lessons can be learned from past experience, notably the need to judge each candidate country on its own merits and to negotiate its accession in accordance with a timetable based on effective compliance with the Copenhagen criteria, as well as the need to avoid setting too early a date for final accession; |
| --- | --- |

2.

Notes nevertheless that lessons can be learned from past experience, notably the need to judge each candidate country on its own merits and to negotiate its accession in accordance with a timetable based on effective compliance with the Copenhagen criteria, as well as the need to avoid setting too early a date for final accession;

| 3. | Believes that these lessons should be used to improve the quality and transparency of the enlargement process; |
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3.

Believes that these lessons should be used to improve the quality and transparency of the enlargement process;

| 4. | Is of the opinion that the Union should honour its commitments to the countries which already have membership prospects, provided that those countries comply with the Copenhagen criteria and fulfil the obligations arising therefrom; emphasises that fulfilment of these commitments is a strong incentive for those countries to pursue their reforms; |
| --- | --- |

4.

Is of the opinion that the Union should honour its commitments to the countries which already have membership prospects, provided that those countries comply with the Copenhagen criteria and fulfil the obligations arising therefrom; emphasises that fulfilment of these commitments is a strong incentive for those countries to pursue their reforms;

| 5. | Agrees that consolidation, conditionality and communication are the guiding principles of the EU's enlargement strategy; is of the view that any further commitment to enlarge will require far more in-depth scrutiny than ever before of the question of the Union's integration capacity, be it from an institutional, financial or political standpoint; |
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5.

Agrees that consolidation, conditionality and communication are the guiding principles of the EU's enlargement strategy; is of the view that any further commitment to enlarge will require far more in-depth scrutiny than ever before of the question of the Union's integration capacity, be it from an institutional, financial or political standpoint;

| 6. | Therefore regrets the Commission's failure to provide a sufficiently in-depth analysis of the issues which need to be resolved before the Union can proceed with further enlargements; |
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6.

Therefore regrets the Commission's failure to provide a sufficiently in-depth analysis of the issues which need to be resolved before the Union can proceed with further enlargements;

| 7. | Considers the ‘Special report on the EU's capacity to integrate new members’ in Annex I of the Communication, an unsatisfactory answer to Parliament's request, in paragraph 5 of its abovementioned resolution of 16 March 2006, for a ‘report ... setting out the principles which underpin this concept’; |
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7.

Considers the ‘Special report on the EU's capacity to integrate new members’ in Annex I of the Communication, an unsatisfactory answer to Parliament's request, in paragraph 5 of its abovementioned resolution of 16 March 2006, for a ‘report ... setting out the principles which underpin this concept’;

| 8. | Is of the opinion that the integration capacity of the Union rests fundamentally on three pillars, namely its institutions and their legitimacy and ability to act and take decisions democratically and efficiently under new circumstances, its financial resources and their overall contribution to economic and social cohesion, and the capacity of an enlarged Union to pursue its political objectives; |
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8.

Is of the opinion that the integration capacity of the Union rests fundamentally on three pillars, namely its institutions and their legitimacy and ability to act and take decisions democratically and efficiently under new circumstances, its financial resources and their overall contribution to economic and social cohesion, and the capacity of an enlarged Union to pursue its political objectives;

| 9. | Recalls that responsibility for improving its integration capacity therefore lies with the Union and not with the candidate countries; |
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9.

Recalls that responsibility for improving its integration capacity therefore lies with the Union and not with the candidate countries;

| 10. | Believes that the EU can only expect its citizens to have a positive attitude towards enlargement if they see a Europe that delivers results; emphasises, therefore, that integration capacity cannot be seen in isolation from the EU's capacity to act; considers that enlargement should be a part of the Union's Citizens' Agenda and should be communicated accordingly; |
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10.

Believes that the EU can only expect its citizens to have a positive attitude towards enlargement if they see a Europe that delivers results; emphasises, therefore, that integration capacity cannot be seen in isolation from the EU's capacity to act; considers that enlargement should be a part of the Union's Citizens' Agenda and should be communicated accordingly;

| 11. | Considers that the Union's proper functioning rests on the unqualified adherence of all its members to the universal values that underlie the EU as a political project: the inalienable and inviolable rights of the human person, freedom, democracy, equality and the rule of law which make up the European identity; |
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11.

Considers that the Union's proper functioning rests on the unqualified adherence of all its members to the universal values that underlie the EU as a political project: the inalienable and inviolable rights of the human person, freedom, democracy, equality and the rule of law which make up the European identity;

| 12 | Believes that any failure to ensure that the EU's integration capacity matches its enlargement agenda would weaken the Union internally and externally and reduce the benefits of increased membership for all its members, and that this effect would not be compensated by increased external size; |
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12

Believes that any failure to ensure that the EU's integration capacity matches its enlargement agenda would weaken the Union internally and externally and reduce the benefits of increased membership for all its members, and that this effect would not be compensated by increased external size;

| 13. | Criticises the Commission for the superficial way in which it deals with the institutional aspects, and refers in this respect to its resolution of 13 December 2006 on the institutional aspects of the EU's capacity to integrate new Member States (4); |
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13.

Criticises the Commission for the superficial way in which it deals with the institutional aspects, and refers in this respect to its resolution of 13 December 2006 on the institutional aspects of the EU's capacity to integrate new Member States (4);

| 14. | Recalls the terms of its abovementioned resolution of 19 January 2006 and reaffirms that, following the accession of Bulgaria and Romania, the Treaty of Nice will not provide an adequate basis for further enlargements; |
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14.

Recalls the terms of its abovementioned resolution of 19 January 2006 and reaffirms that, following the accession of Bulgaria and Romania, the Treaty of Nice will not provide an adequate basis for further enlargements;

| 15. | Therefore urges the Heads of State and Government to conclude the constitutional process by the end of 2008, as stated at the European Council in Brussels of June 2006, in order the enable the Union to work more effectively, more transparently and more democratically, which is a pre-requisite for further enlargements; |
| --- | --- |

15.

Therefore urges the Heads of State and Government to conclude the constitutional process by the end of 2008, as stated at the European Council in Brussels of June 2006, in order the enable the Union to work more effectively, more transparently and more democratically, which is a pre-requisite for further enlargements;

| 16. | Reminds Heads of State and Government of their duty to complete this process before the next European elections, so as to avoid delay in current accession negotiations; |
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16.

Reminds Heads of State and Government of their duty to complete this process before the next European elections, so as to avoid delay in current accession negotiations;

| 17. | Emphasises that the institutional reform of the Union is a need per se, regardless of further enlargements, and should be pursued rigorously and expeditiously; |
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17.

Emphasises that the institutional reform of the Union is a need per se, regardless of further enlargements, and should be pursued rigorously and expeditiously;

| 18. | Confirms that accession negotiations will progress according to the merits and achievements of each negotiating partner; |
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18.

Confirms that accession negotiations will progress according to the merits and achievements of each negotiating partner;

| 19. | Welcomes and supports the Commission's commitment to improve the quality of the accession process by making it more benchmark-driven and transparent and by systematically making impact assessments on key policy areas at key stages of the process; |
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19.

Welcomes and supports the Commission's commitment to improve the quality of the accession process by making it more benchmark-driven and transparent and by systematically making impact assessments on key policy areas at key stages of the process;

| 20. | Takes the view that the planned revision of the Union's budget in 2008/2009 must take account of the future integration of the current candidate and pre-candidate countries; |
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20.

Takes the view that the planned revision of the Union's budget in 2008/2009 must take account of the future integration of the current candidate and pre-candidate countries;

| 21. | Points out that the Commission's Communication does not deal thoroughly with the financial implications of further enlargements and calls on the Commission to provide clear and credible estimates of the budgetary implications before any further accession; |
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21.

Points out that the Commission's Communication does not deal thoroughly with the financial implications of further enlargements and calls on the Commission to provide clear and credible estimates of the budgetary implications before any further accession;

| 22. | Reiterates that this debate involves difficult issues which might have implications for the Union's common policies, including its cohesion policies; |
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22.

Reiterates that this debate involves difficult issues which might have implications for the Union's common policies, including its cohesion policies;

| 23. | Takes the view that the financial implications of further enlargements, the complexity of which has been implicitly recognised by Heads of State and Government when they declined to take them into account in the 2007-2013 financial framework, must be urgently addressed; calls on the General Affairs and ECOFIN Councils to hold a joint debate on this issue; |
| --- | --- |

23.

Takes the view that the financial implications of further enlargements, the complexity of which has been implicitly recognised by Heads of State and Government when they declined to take them into account in the 2007-2013 financial framework, must be urgently addressed; calls on the General Affairs and ECOFIN Councils to hold a joint debate on this issue;

| 24. | Emphasises that compliance with the political criteria set out at the Copenhagen European Council, including in the area of the rule of law, should be given greater priority than has hitherto been the case in accession negotiations, and that a direct link should be established between those criteria and the start, as well as the overall pace, of negotiations; |
| --- | --- |

24.

Emphasises that compliance with the political criteria set out at the Copenhagen European Council, including in the area of the rule of law, should be given greater priority than has hitherto been the case in accession negotiations, and that a direct link should be established between those criteria and the start, as well as the overall pace, of negotiations;

| 25. | Welcomes in this respect the inclusion in the current negotiating framework of a chapter on Judiciary and Fundamental Rights, covering the political issues, which will enable EU institutions to closely scrutinise progress in these crucial areas; |
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25.

Welcomes in this respect the inclusion in the current negotiating framework of a chapter on Judiciary and Fundamental Rights, covering the political issues, which will enable EU institutions to closely scrutinise progress in these crucial areas;

| 26. | Is of the opinion that in previous enlargements progress in the fields of justice, corruption and fundamental rights did not receive enough attention in the early phases of negotiations; pledges to take a much more active role in monitoring the accession process, with particular emphasis on its political aspects, and calls upon the Council to do the same and to issue clear and duly reasoned recommendations to candidate countries, rather than merely take note of technical progress in the negotiations; |
| --- | --- |

26.

Is of the opinion that in previous enlargements progress in the fields of justice, corruption and fundamental rights did not receive enough attention in the early phases of negotiations; pledges to take a much more active role in monitoring the accession process, with particular emphasis on its political aspects, and calls upon the Council to do the same and to issue clear and duly reasoned recommendations to candidate countries, rather than merely take note of technical progress in the negotiations;

| 27. | Recalls the clear European membership prospects which the Thessaloniki European Council of 19-20 June 2003 offered to the western Balkan countries; remains fully committed to these prospects which have to be maintained in order to consolidate stability and peace in the region; reminds those countries that they will each be assessed on the basis of their own merits and that this will determine the pace of their integration into the EU; |
| --- | --- |

27.

Recalls the clear European membership prospects which the Thessaloniki European Council of 19-20 June 2003 offered to the western Balkan countries; remains fully committed to these prospects which have to be maintained in order to consolidate stability and peace in the region; reminds those countries that they will each be assessed on the basis of their own merits and that this will determine the pace of their integration into the EU;

| 28. | Welcomes the Council's decision of 13 November 2006 to adopt the negotiation mandates for visa facilitation and re-admission agreements with western Balkan countries as a first step in promoting people-to-people contacts between those countries and the EU; emphasises, however, that the objective is visa-free travel; |
| --- | --- |

28.

Welcomes the Council's decision of 13 November 2006 to adopt the negotiation mandates for visa facilitation and re-admission agreements with western Balkan countries as a first step in promoting people-to-people contacts between those countries and the EU; emphasises, however, that the objective is visa-free travel;

| 29. | Welcomes the continued progress made by the candidate country Croatia towards EU integration and calls on the negotiators on both sides to maintain the momentum achieved in these negotiations, with a view to their early conclusion; |
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29.

Welcomes the continued progress made by the candidate country Croatia towards EU integration and calls on the negotiators on both sides to maintain the momentum achieved in these negotiations, with a view to their early conclusion;

| 30. | Notes the Commission's Turkey 2006 Progress Report, which, whilst stating that political reforms in Turkey have continued, points out that their pace has slowed down and confirms the shortcomings in the reform process already laid out in Parliament's abovementioned resolution of 27 September 2006 on Turkey's progress towards accession; insists that this also includes the ratification and full implementation by Turkey of the Additional Protocol extending the EC-Turkey Association Agreement to the ten new Member States, signed by Turkey in July 2005, in compliance with the EU Declaration of 21 September 2005; |
| --- | --- |

30.

Notes the Commission's Turkey 2006 Progress Report, which, whilst stating that political reforms in Turkey have continued, points out that their pace has slowed down and confirms the shortcomings in the reform process already laid out in Parliament's abovementioned resolution of 27 September 2006 on Turkey's progress towards accession; insists that this also includes the ratification and full implementation by Turkey of the Additional Protocol extending the EC-Turkey Association Agreement to the ten new Member States, signed by Turkey in July 2005, in compliance with the EU Declaration of 21 September 2005;

| 31. | Stresses that the Turkish refusal to fully comply with the terms of the Additional Protocol is seriously endangering the good progress of the accession negotiations; points out that the Council decision not to open the negotiations on eight important chapters covering policy areas relevant to Turkey's restrictions as regards the Republic of Cyprus and not to close provisionally any chapters is an unavoidable consequence of Turkey's position on this issue; urges Turkey to cooperate in a constructive way to ensure full implementation of the Additional Protocol as soon as possible; welcomes in this respect the invitation addressed to the Commission to submit yearly reports on progress made in addressing the issues covered by the EU declaration of 21 September 2005; |
| --- | --- |

31.

Stresses that the Turkish refusal to fully comply with the terms of the Additional Protocol is seriously endangering the good progress of the accession negotiations; points out that the Council decision not to open the negotiations on eight important chapters covering policy areas relevant to Turkey's restrictions as regards the Republic of Cyprus and not to close provisionally any chapters is an unavoidable consequence of Turkey's position on this issue; urges Turkey to cooperate in a constructive way to ensure full implementation of the Additional Protocol as soon as possible; welcomes in this respect the invitation addressed to the Commission to submit yearly reports on progress made in addressing the issues covered by the EU declaration of 21 September 2005;

| 32. | deplores the fact that the efforts of the Finnish Presidency to find a solution to the current stalemate regarding the full implementation of the Additional Protocol the one hand and further alleviating the isolation of the Turkish Cypriot Community on the other were not successful; calls on the German Presidency to continue these efforts with determination in close co-operation with UN efforts; |
| --- | --- |

32.

deplores the fact that the efforts of the Finnish Presidency to find a solution to the current stalemate regarding the full implementation of the Additional Protocol the one hand and further alleviating the isolation of the Turkish Cypriot Community on the other were not successful; calls on the German Presidency to continue these efforts with determination in close co-operation with UN efforts;

| 33. | Takes the view that the European Union must be prepared to adopt a timetable to ensure that the above goals can be achieved within a reasonable period of time; |
| --- | --- |

33.

Takes the view that the European Union must be prepared to adopt a timetable to ensure that the above goals can be achieved within a reasonable period of time;

| 34. | Urges the Council to take on new commitments only on the basis of an in-depth assessment of their institutional, financial, political and socio-economic consequences; therefore calls on the Commission to provide comprehensive impact assessments whenever it considers new applications for membership and when it submits its recommendations on the opening and closing of negotiations; |
| --- | --- |

34.

Urges the Council to take on new commitments only on the basis of an in-depth assessment of their institutional, financial, political and socio-economic consequences; therefore calls on the Commission to provide comprehensive impact assessments whenever it considers new applications for membership and when it submits its recommendations on the opening and closing of negotiations;

| 35. | Recalls that, during accession negotiations, when the Council, acting by unanimity on a proposal of the Commission, lays down benchmarks for the opening and provisional closure of each chapter, Member States should act even-handedly with regard to all accession countries; |
| --- | --- |

35.

Recalls that, during accession negotiations, when the Council, acting by unanimity on a proposal of the Commission, lays down benchmarks for the opening and provisional closure of each chapter, Member States should act even-handedly with regard to all accession countries;

| 36. | Believes that Parliament's right of assent should apply not just after the conclusion of the negotiation process but also before the opening of membership negotiations; |
| --- | --- |

36.

Believes that Parliament's right of assent should apply not just after the conclusion of the negotiation process but also before the opening of membership negotiations;

| 37. | Notes that, as the EU continues to conduct, and open, enlargement negotiations with the countries of the Balkans, tackling endemic corruption and regional organised crime networks will become an increasingly important feature on the road to accession; strongly recommends, therefore, that current enlargement financial instruments are strengthened and re-focused so as to target, as a top priority, the fight against corruption and organised crime, with particular emphasis on reforming judiciaries, reinforcing public administrative capacity and improving cross-border cooperation; |
| --- | --- |

37.

Notes that, as the EU continues to conduct, and open, enlargement negotiations with the countries of the Balkans, tackling endemic corruption and regional organised crime networks will become an increasingly important feature on the road to accession; strongly recommends, therefore, that current enlargement financial instruments are strengthened and re-focused so as to target, as a top priority, the fight against corruption and organised crime, with particular emphasis on reforming judiciaries, reinforcing public administrative capacity and improving cross-border cooperation;

| 38. | Reminds Member States' governments and national parliaments that it is their responsibility to inform the public adequately about the benefits of past enlargements and the stakes involved in further enlargements, and that they should provide the public with reasons for the decisions they take, unanimously, throughout the accession process; |
| --- | --- |

38.

Reminds Member States' governments and national parliaments that it is their responsibility to inform the public adequately about the benefits of past enlargements and the stakes involved in further enlargements, and that they should provide the public with reasons for the decisions they take, unanimously, throughout the accession process;

| 39. | Therefore calls on the Commission to work together with Member States, the European Parliament and national parliaments in order to communicate the enlargement agenda more effectively to the public, thus improving the transparency of the process; |
| --- | --- |

39.

Therefore calls on the Commission to work together with Member States, the European Parliament and national parliaments in order to communicate the enlargement agenda more effectively to the public, thus improving the transparency of the process;

| 40. | Welcomes the recommendation made by the Commission that screening reports, benchmarks for opening negotiation chapters and the final EU common position be made public; |
| --- | --- |

40.

Welcomes the recommendation made by the Commission that screening reports, benchmarks for opening negotiation chapters and the final EU common position be made public;

| 41. | Urges the Commission to provide a more precise definition of its ‘reinforced Neighbourhood Policy’ and to specify in detail what this type of relationship would involve; |
| --- | --- |

41.

Urges the Commission to provide a more precise definition of its ‘reinforced Neighbourhood Policy’ and to specify in detail what this type of relationship would involve;

| 42. | Reiterates its previous call on the Commission and the Council to submit, for all European countries currently having no membership prospects, proposals for a close bilateral or multilateral relationship with the EU that matches their specific needs and interests; emphasises that it is up to all countries with recognised membership prospects to decide whether they want to join this multilateral framework as an intermediate step towards full membership; |
| --- | --- |

42.

Reiterates its previous call on the Commission and the Council to submit, for all European countries currently having no membership prospects, proposals for a close bilateral or multilateral relationship with the EU that matches their specific needs and interests; emphasises that it is up to all countries with recognised membership prospects to decide whether they want to join this multilateral framework as an intermediate step towards full membership;

| 43. | Calls in this context on the Commission and the Council to consider establishing, as part of a reinforced Neighbourhood Strategy, and in addition to the strategies concerning relations with other countries, an overall EU regional policy in the wider Black Sea area in order to build stronger bilateral or multilateral economic and political relations between the EU and all the countries of this area, particularly with regard to free trade, as is the case for the Central European Free Trade Agreement, investment, energy security and migration policy; |
| --- | --- |

43.

Calls in this context on the Commission and the Council to consider establishing, as part of a reinforced Neighbourhood Strategy, and in addition to the strategies concerning relations with other countries, an overall EU regional policy in the wider Black Sea area in order to build stronger bilateral or multilateral economic and political relations between the EU and all the countries of this area, particularly with regard to free trade, as is the case for the Central European Free Trade Agreement, investment, energy security and migration policy;

| 44. | Is of the opinion that the above options, which entail a broad spectrum of operational possibilities, could constitute a real and attractive option which, without excluding full membership, would grant partner countries a stable long-term perspective of institutionalised relations with the EU and provide the incentive necessary to foster the internal reforms required in the countries in question; |
| --- | --- |

44.

Is of the opinion that the above options, which entail a broad spectrum of operational possibilities, could constitute a real and attractive option which, without excluding full membership, would grant partner countries a stable long-term perspective of institutionalised relations with the EU and provide the incentive necessary to foster the internal reforms required in the countries in question;

| 45. | Invites the Commission and the Council in this context to consider modulating Community assistance in the light of the progress made by beneficiary countries in achieving the reforms required for their European integration; |
| --- | --- |

45.

Invites the Commission and the Council in this context to consider modulating Community assistance in the light of the progress made by beneficiary countries in achieving the reforms required for their European integration;

| 46. | Emphasises that while Russia is neither a candidate for EU membership nor part of the European Neighbourhood Policy, relations with the EU's largest neighbour nevertheless remain vital in the context of any future EU enlargement strategy; urges that in this context the EU must continue all attempts to develop a unique, wide-ranging partnership with Russia, encompassing trade and energy, but above all human rights and democratisation issues; |
| --- | --- |

46.

Emphasises that while Russia is neither a candidate for EU membership nor part of the European Neighbourhood Policy, relations with the EU's largest neighbour nevertheless remain vital in the context of any future EU enlargement strategy; urges that in this context the EU must continue all attempts to develop a unique, wide-ranging partnership with Russia, encompassing trade and energy, but above all human rights and democratisation issues;

| 47. | Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States, accession states and candidate states. |
| --- | --- |

47.

Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States, accession states and candidate states.

---

(1)  Texts Adopted, P6_TA(2006)0381.

(2)  Texts Adopted, P6_TA(2006)0096.

(3)  OJ C 287 E, 24.11.2006, p. 306.

(4)  Texts Adopted, P6_TA(2006)0569.

P6_TA(2006)0569

The institutional aspects of the European Union's capacity to integrate new Member States

European Parliament resolution on the institutional aspects of the European Union's capacity to integrate new Member States (2006/2226(INI))

The European Parliament,

| — | having regard to Article 49 of the Treaty on European Union, |
| --- | --- |

—

having regard to Article 49 of the Treaty on European Union,

| — | having regard to the Presidency conclusions of the meetings of the European Council held in June 1993 in Copenhagen, in December 1995 in Madrid, in December 1997 in Luxembourg, in June 2003 in Thessaloniki, and in December 2004, June 2005 and June 2006 in Brussels, |
| --- | --- |

—

having regard to the Presidency conclusions of the meetings of the European Council held in June 1993 in Copenhagen, in December 1995 in Madrid, in December 1997 in Luxembourg, in June 2003 in Thessaloniki, and in December 2004, June 2005 and June 2006 in Brussels,

| — | having regard to the Charter of Fundamental Rights of the European Union, |
| --- | --- |

—

having regard to the Charter of Fundamental Rights of the European Union,

| — | having regard to the Commission's 2005 enlargement strategy paper (COM(2005)0561), |
| --- | --- |

—

having regard to the Commission's 2005 enlargement strategy paper (COM(2005)0561),

| — | having regard to its resolution of 12 January 2005 on the Treaty establishing a Constitution for Europe (1), |
| --- | --- |

—

having regard to its resolution of 12 January 2005 on the Treaty establishing a Constitution for Europe (1),

| — | having regard to its resolution of 28 September 2005 on the opening of negotiations with Turkey (2), |
| --- | --- |

—

having regard to its resolution of 28 September 2005 on the opening of negotiations with Turkey (2),

| — | having regard to the negotiation frameworks for Turkey and for Croatia adopted by the Council on 3 October 2005, |
| --- | --- |

—

having regard to the negotiation frameworks for Turkey and for Croatia adopted by the Council on 3 October 2005,

| — | having regard to its resolution of 19 January 2006 on the period of reflection: the structure, subjects and context for an assessment of the debate on the European Union (3), |
| --- | --- |

—

having regard to its resolution of 19 January 2006 on the period of reflection: the structure, subjects and context for an assessment of the debate on the European Union (3),

| — | having regard to its resolution of 16 March 2006 on the Commission's 2005 enlargement strategy paper (4), |
| --- | --- |

—

having regard to its resolution of 16 March 2006 on the Commission's 2005 enlargement strategy paper (4),

| — | having regard to its resolution of 14 June 2006 on the next steps for the period of reflection and analysis on the Future of Europe (5), |
| --- | --- |

—

having regard to its resolution of 14 June 2006 on the next steps for the period of reflection and analysis on the Future of Europe (5),

| — | having regard to its resolution of 27 September 2006 on Turkey's progress towards accession (6), |
| --- | --- |

—

having regard to its resolution of 27 September 2006 on Turkey's progress towards accession (6),

| — | having regard to Rule 45 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on Constitutional Affairs (A6-0393/2006), whereas, |
| --- | --- |

—

having regard to the report of the Committee on Constitutional Affairs (A6-0393/2006), whereas,

| A. | the European Council of 19-20 June 2003 held out a clear European perspective to the countries of the Western Balkans, with membership of the Union as the final goal (the Thessaloniki agenda), |
| --- | --- |

A.

the European Council of 19-20 June 2003 held out a clear European perspective to the countries of the Western Balkans, with membership of the Union as the final goal (the Thessaloniki agenda),

| B. | the European Council of 16-17 June 2005 reaffirmed its commitment to full implementation of the Thessaloniki agenda, and that of 15-16 June 2006 reaffirmed its intention to honour the existing commitments made to the South-East European countries (Turkey and Croatia, countries with which accession negotiations are underway, Former Yugoslav Republic of Macedonia/FYROM, as a candidate country, and the Western Balkans countries, as potential candidates) concerning enlargement, while emphasising the need to ensure that the Union ‘is able to function politically, financially and institutionally as it enlarges’, |
| --- | --- |

B.

the European Council of 16-17 June 2005 reaffirmed its commitment to full implementation of the Thessaloniki agenda, and that of 15-16 June 2006 reaffirmed its intention to honour the existing commitments made to the South-East European countries (Turkey and Croatia, countries with which accession negotiations are underway, Former Yugoslav Republic of Macedonia/FYROM, as a candidate country, and the Western Balkans countries, as potential candidates) concerning enlargement, while emphasising the need to ensure that the Union ‘is able to function politically, financially and institutionally as it enlarges’,

| C. | the Council officially opened accession negotiations with Turkey and Croatia on 3 October 2005, |
| --- | --- |

C.

the Council officially opened accession negotiations with Turkey and Croatia on 3 October 2005,

| D. | the European Council of 15-16 December 2005 granted the status of candidate country to the Former Yugoslav Republic of Macedonia (FYROM), |
| --- | --- |

D.

the European Council of 15-16 December 2005 granted the status of candidate country to the Former Yugoslav Republic of Macedonia (FYROM),

| E. | compliance with all the Copenhagen criteria has been the basis for accession to the EU since 1993 and should remain so for future accessions, |
| --- | --- |

E.

compliance with all the Copenhagen criteria has been the basis for accession to the EU since 1993 and should remain so for future accessions,

| F. | the Copenhagen criteria also mention as an important consideration ‘the Union's capacity to absorb new members, while maintaining the momentum of European integration’, |
| --- | --- |

F.

the Copenhagen criteria also mention as an important consideration ‘the Union's capacity to absorb new members, while maintaining the momentum of European integration’,

| G. | the institutional capacity of the Union to integrate new Member States has been increasingly discussed in relation to enlargements after the accession of Bulgaria and Romania, |
| --- | --- |

G.

the institutional capacity of the Union to integrate new Member States has been increasingly discussed in relation to enlargements after the accession of Bulgaria and Romania,

| H. | in its above-mentioned resolution on the 2005 enlargement strategy paper, the European Parliament invited the Commission to submit, by the end of 2006, a report setting out the principles on which the Union's absorption capacity is based, |
| --- | --- |

H.

in its above-mentioned resolution on the 2005 enlargement strategy paper, the European Parliament invited the Commission to submit, by the end of 2006, a report setting out the principles on which the Union's absorption capacity is based,

| I. | the European Council of 15-16 June 2006 decided that ‘the pace of enlargement must take the Union's absorption capacity into account’ and resolved to hold a debate in December of the same year ‘on all aspects of further enlargements, including the Union's capacity to absorb new members and further ways of improving the quality of the enlargement process on the basis of the positive experiences accumulated so far’, on the basis of a report ‘on all relevant aspects pertaining to the Union's absorption capacity’ to be presented by the Commission together with its annual report on enlargement and the pre-accession process, |
| --- | --- |

I.

the European Council of 15-16 June 2006 decided that ‘the pace of enlargement must take the Union's absorption capacity into account’ and resolved to hold a debate in December of the same year ‘on all aspects of further enlargements, including the Union's capacity to absorb new members and further ways of improving the quality of the enlargement process on the basis of the positive experiences accumulated so far’, on the basis of a report ‘on all relevant aspects pertaining to the Union's absorption capacity’ to be presented by the Commission together with its annual report on enlargement and the pre-accession process,

| J. | according to the European Council that report should ‘also cover the issue of the present and future perception of enlargement by citizens and should take into account the need to explain the enlargement process adequately to the public within the Union’, |
| --- | --- |

J.

according to the European Council that report should ‘also cover the issue of the present and future perception of enlargement by citizens and should take into account the need to explain the enlargement process adequately to the public within the Union’,

| K. | the European Council of 16-17 December 2004 in Brussels stated that ‘accession negotiations yet to be opened with candidates whose accession could have substantial financial consequences can only be concluded after the establishment of the Financial Framework for the period from 2014 together with possible consequential financial reforms’, |
| --- | --- |

K.

the European Council of 16-17 December 2004 in Brussels stated that ‘accession negotiations yet to be opened with candidates whose accession could have substantial financial consequences can only be concluded after the establishment of the Financial Framework for the period from 2014 together with possible consequential financial reforms’,

| L. | the notion of integration capacity entails the challenge of adapting the EU to accommodate its new Members; that challenge currently remains unresolved, in particular following the rejection of the Constitutional Treaty in France and the Netherlands as this treaty would enable the European Union to function efficiently and democratically with the challenge of the financial resources still to be tackled, |
| --- | --- |

L.

the notion of integration capacity entails the challenge of adapting the EU to accommodate its new Members; that challenge currently remains unresolved, in particular following the rejection of the Constitutional Treaty in France and the Netherlands as this treaty would enable the European Union to function efficiently and democratically with the challenge of the financial resources still to be tackled,

| M. | there is an ongoing debate on the so-called ‘absorption capacity’ of the Union in the context of future enlargements, |
| --- | --- |

M.

there is an ongoing debate on the so-called ‘absorption capacity’ of the Union in the context of future enlargements,

| N. | the President of the Commission has stated before the European Parliament that he believes that an institutional settlement should precede any future enlargement, and has expressed his hope that that institutional settlement, as set out by the European Council of 15-16 June 2006, can be achieved by the end of 2008, thus allowing the Union to respect its commitments towards the negotiating countries and those for which it has opened up the prospect of accession, |
| --- | --- |

N.

the President of the Commission has stated before the European Parliament that he believes that an institutional settlement should precede any future enlargement, and has expressed his hope that that institutional settlement, as set out by the European Council of 15-16 June 2006, can be achieved by the end of 2008, thus allowing the Union to respect its commitments towards the negotiating countries and those for which it has opened up the prospect of accession,

| O. | an institutional settlement of this kind is, first and foremost, required to maintain the momentum of European Integration, as observed by the Heads of State and Government at the 1993 European Council in Copenhagen, |
| --- | --- |

O.

an institutional settlement of this kind is, first and foremost, required to maintain the momentum of European Integration, as observed by the Heads of State and Government at the 1993 European Council in Copenhagen,

| 1. | Points out that enlargements have tended to strengthen the Union, foster its economic growth, reinforce its role in the world and stimulate the development of new EU policies; |
| --- | --- |

1.

Points out that enlargements have tended to strengthen the Union, foster its economic growth, reinforce its role in the world and stimulate the development of new EU policies;

| 2. | Recalls that the notion of ‘absorption capacity’ made its first formal appearance in 1993, when the European Council of Copenhagen recognised that, alongside the political and economic criteria that candidate countries must satisfy in order to accede to the Union, ‘the Union's capacity to absorb new members, while maintaining the momentum of European integration’ also constitutes ‘an important consideration in the general interest of both the Union and the candidate countries’; |
| --- | --- |

2.

Recalls that the notion of ‘absorption capacity’ made its first formal appearance in 1993, when the European Council of Copenhagen recognised that, alongside the political and economic criteria that candidate countries must satisfy in order to accede to the Union, ‘the Union's capacity to absorb new members, while maintaining the momentum of European integration’ also constitutes ‘an important consideration in the general interest of both the Union and the candidate countries’;

| 3. | Recalls that although every enlargement of the Union has brought about changes in its institutional, political and financial framework, such changes were not sufficient to preserve the effectiveness of the Union's decision making; |
| --- | --- |

3.

Recalls that although every enlargement of the Union has brought about changes in its institutional, political and financial framework, such changes were not sufficient to preserve the effectiveness of the Union's decision making;

| 4. | Finds that the term ‘absorption capacity’ does not suitably convey the idea which it aims to express, inasmuch as the EU does not in any way absorb its members, and therefore proposes that this expression be changed to ‘integration capacity’, which better reflects the character of EU membership; |
| --- | --- |

4.

Finds that the term ‘absorption capacity’ does not suitably convey the idea which it aims to express, inasmuch as the EU does not in any way absorb its members, and therefore proposes that this expression be changed to ‘integration capacity’, which better reflects the character of EU membership;

| 5. | Stresses that ‘integration capacity’ is not a new criterion applicable to the candidate countries but a condition for the success of enlargement and for the deepening of the process of European integration; the responsibility for improving ‘integration capacity’ lies with the Union and not with the candidate countries; |
| --- | --- |

5.

Stresses that ‘integration capacity’ is not a new criterion applicable to the candidate countries but a condition for the success of enlargement and for the deepening of the process of European integration; the responsibility for improving ‘integration capacity’ lies with the Union and not with the candidate countries;

| 6. | Considers that the notion of ‘integration capacity’ implies that after enlargement:






  — | the European institutions will be able to function properly and take decisions efficiently and democratically in accordance with their specific procedures, |
| --- | --- | --- |

6.

Considers that the notion of ‘integration capacity’ implies that after enlargement:

—

the European institutions will be able to function properly and take decisions efficiently and democratically in accordance with their specific procedures,

| — | the financial resources of the Union will be sufficient to adequately finance its activities, |
| --- | --- |

—

the financial resources of the Union will be sufficient to adequately finance its activities,

| — | the Union will be able successfully to develop its policies and attain its goals, in order to pursue its political project; |
| --- | --- |

—

the Union will be able successfully to develop its policies and attain its goals, in order to pursue its political project;

| 7. | Considers that, in order to ensure its integration capacity, the Union must decide on the scope and substance of the reforms that it needs to achieve before any future accession takes place; its evaluation in this regard must be conducted throughout the key stages of the enlargement process, taking into account the possible impact that new Member States will have on its institutional, financial and decisional capabilities; |
| --- | --- |

7.

Considers that, in order to ensure its integration capacity, the Union must decide on the scope and substance of the reforms that it needs to achieve before any future accession takes place; its evaluation in this regard must be conducted throughout the key stages of the enlargement process, taking into account the possible impact that new Member States will have on its institutional, financial and decisional capabilities;

| 8. | Recognises that the Union is at present confronted with difficulties in honouring its commitments towards South-East European countries because its current institutional, financial and policy structure is unsuitable for further enlargements and needs to be improved; |
| --- | --- |

8.

Recognises that the Union is at present confronted with difficulties in honouring its commitments towards South-East European countries because its current institutional, financial and policy structure is unsuitable for further enlargements and needs to be improved;

Institutional aspects of integration capacity

| 9. | Stresses that before any future enlargement a reform of the Union is essential to enable it to work more effectively, more transparently and more democratically; in this light any further enlargement will necessitate the following institutional reforms:






  (a) | the adoption of a new system of qualified majority voting that enhances the ability of the Council to reach decisions; |
| --- | --- | --- |

9.

Stresses that before any future enlargement a reform of the Union is essential to enable it to work more effectively, more transparently and more democratically; in this light any further enlargement will necessitate the following institutional reforms:

(a)

the adoption of a new system of qualified majority voting that enhances the ability of the Council to reach decisions;

| (b) | a substantial extension of the matters to which qualified majority voting applies; |
| --- | --- |

(b)

a substantial extension of the matters to which qualified majority voting applies;

| (c) | a substantial extension of the participation of the European Parliament, on an equal footing with the Council, in budgetary and legislative matters; |
| --- | --- |

(c)

a substantial extension of the participation of the European Parliament, on an equal footing with the Council, in budgetary and legislative matters;

| (d) | modification of the rotation system of Presidencies of the European Council and of the Council; |
| --- | --- |

(d)

modification of the rotation system of Presidencies of the European Council and of the Council;

| (e) | the creation of the post of Minister of Foreign Affairs; |
| --- | --- |

(e)

the creation of the post of Minister of Foreign Affairs;

| (f) | further modification of the composition of the Commission beyond that ordained by the Treaty of Nice; |
| --- | --- |

(f)

further modification of the composition of the Commission beyond that ordained by the Treaty of Nice;

| (g) | the strengthening of the role of the President of the Commission and the reinforcement of his/her democratic legitimacy through election by the European Parliament; |
| --- | --- |

(g)

the strengthening of the role of the President of the Commission and the reinforcement of his/her democratic legitimacy through election by the European Parliament;

| (h) | extension of the jurisdiction of the Court of Justice to all areas of the activities of the Union, including the monitoring of respecting of fundamental rights; |
| --- | --- |

(h)

extension of the jurisdiction of the Court of Justice to all areas of the activities of the Union, including the monitoring of respecting of fundamental rights;

| (i) | the establishment of mechanisms for the involvement of national parliaments in the scrutiny of the Union's action; |
| --- | --- |

(i)

the establishment of mechanisms for the involvement of national parliaments in the scrutiny of the Union's action;

| (j) | the improvement of flexibility arrangements as a response to the increased possibility that not all Member States are willing or able to go ahead with certain policies at the same time; |
| --- | --- |

(j)

the improvement of flexibility arrangements as a response to the increased possibility that not all Member States are willing or able to go ahead with certain policies at the same time;

| (k) | modification of the procedure for amendment of the Treaties, in order to simplify it, render it more efficient and enhance its democratic character and transparency; |
| --- | --- |

(k)

modification of the procedure for amendment of the Treaties, in order to simplify it, render it more efficient and enhance its democratic character and transparency;

| (l) | suppression of the ‘pillar structure’ and its replacement by one single entity with a unified structure and legal personality; |
| --- | --- |

(l)

suppression of the ‘pillar structure’ and its replacement by one single entity with a unified structure and legal personality;

| (m) | the adoption of a clause enabling Member States to withdraw from the European Union; |
| --- | --- |

(m)

the adoption of a clause enabling Member States to withdraw from the European Union;

| (n) | a clear definition of the values on which the Union is founded, as well as the objectives of the Union; |
| --- | --- |

(n)

a clear definition of the values on which the Union is founded, as well as the objectives of the Union;

| (o) | a clear definition of the competencies of the Union and the principles governing its action and its relations with Member States; |
| --- | --- |

(o)

a clear definition of the competencies of the Union and the principles governing its action and its relations with Member States;

| (p) | strengthening of the transparency of the Union's decision-making process, namely through public scrutiny of the activities of the Council when it is acting as a branch of the legislative authority; |
| --- | --- |

(p)

strengthening of the transparency of the Union's decision-making process, namely through public scrutiny of the activities of the Council when it is acting as a branch of the legislative authority;

| (q) | a clear definition and simplification of the instruments through which the Union exercises its competencies. |
| --- | --- |

(q)

a clear definition and simplification of the instruments through which the Union exercises its competencies.

Points out that all these reforms are already contained in the Constitutional Treaty and that their entering into force would allow the proper functioning of an enlarged Union and ensure its ability to take decisions efficiently and democratically;

Other relevant aspects of integration capacity

| 10. | Points out that, apart from the necessary institutional reforms, further enlargements of the Union will necessitate modifications in other important aspects of its structure, such as:






  (a) | adoption of the Charter of Fundamental Rights of the European Union and improvement of the solidarity policies between the Member States; |
| --- | --- | --- |

10.

Points out that, apart from the necessary institutional reforms, further enlargements of the Union will necessitate modifications in other important aspects of its structure, such as:

(a)

adoption of the Charter of Fundamental Rights of the European Union and improvement of the solidarity policies between the Member States;

| (b) | revision of its financial framework, including as regards its system of financing, in order to adapt it to the new needs of an enlarged Union, building on the ‘full, wide-ranging review’ of the Financial Framework 2007-2013 already planned for 2008/2009 pursuant to Parliament's resolution on Policy Challenges and Budgetary Means of the enlarged Union 2007-2013 of 8 June 2005 (7) and to the provisions of the Interinstitutional Agreement on budgetary discipline and sound financial management of 17 May 2006 (8); |
| --- | --- |

(b)

revision of its financial framework, including as regards its system of financing, in order to adapt it to the new needs of an enlarged Union, building on the ‘full, wide-ranging review’ of the Financial Framework 2007-2013 already planned for 2008/2009 pursuant to Parliament's resolution on Policy Challenges and Budgetary Means of the enlarged Union 2007-2013 of 8 June 2005 (7) and to the provisions of the Interinstitutional Agreement on budgetary discipline and sound financial management of 17 May 2006 (8);

| (c) | redefinition of several of its policies, some of which were established 50 years ago, so as to enable it to implement the Lisbon Strategy, strengthen its capacity for action on the international stage and adapt them to the new challenges that a much bigger and much more diverse Union faces in a globalised world; |
| --- | --- |

(c)

redefinition of several of its policies, some of which were established 50 years ago, so as to enable it to implement the Lisbon Strategy, strengthen its capacity for action on the international stage and adapt them to the new challenges that a much bigger and much more diverse Union faces in a globalised world;

| (d) | reinforcement of the European Neighbourhood Policy, aimed at providing a suitable instrument for establishing mutually beneficial relationships with those European countries that have no immediate prospects for accession because they do not fulfil the conditions for membership or choose not to join; |
| --- | --- |

(d)

reinforcement of the European Neighbourhood Policy, aimed at providing a suitable instrument for establishing mutually beneficial relationships with those European countries that have no immediate prospects for accession because they do not fulfil the conditions for membership or choose not to join;

| 11. | Stresses that the above reforms must go hand in hand with efforts to increase public acceptance of enlargement and recalls the responsibility of Europe's political leaders in explaining to the public the goals and mutual advantages of enlargement and the unification of Europe; supports the Commission in its efforts to use ‘a wide variety of routes to communicate its enlargement policy and counter misconceptions with evidence’, as stated in its above-mentioned 2005 enlargement strategy paper; |
| --- | --- |

11.

Stresses that the above reforms must go hand in hand with efforts to increase public acceptance of enlargement and recalls the responsibility of Europe's political leaders in explaining to the public the goals and mutual advantages of enlargement and the unification of Europe; supports the Commission in its efforts to use ‘a wide variety of routes to communicate its enlargement policy and counter misconceptions with evidence’, as stated in its above-mentioned 2005 enlargement strategy paper;

| 12. | Reiterates, however, that any decision by the EU to admit a new Member State is taken through a procedure that includes numerous safeguards, namely a unanimous decision by all Member States on the opening and closing of accession negotiations, the approval of the European Parliament and the ratification of each Accession Treaty by all Member States; |
| --- | --- |

12.

Reiterates, however, that any decision by the EU to admit a new Member State is taken through a procedure that includes numerous safeguards, namely a unanimous decision by all Member States on the opening and closing of accession negotiations, the approval of the European Parliament and the ratification of each Accession Treaty by all Member States;

| 13. | Points out that, in any event, the signing of an Accession Treaty by the Member States' governments means that those governments are fully committed to acting accordingly in order to ensure that the process of ratifying that Treaty is brought to a successful conclusion, in accordance with the procedures in force in each country; |
| --- | --- |

13.

Points out that, in any event, the signing of an Accession Treaty by the Member States' governments means that those governments are fully committed to acting accordingly in order to ensure that the process of ratifying that Treaty is brought to a successful conclusion, in accordance with the procedures in force in each country;

| 14. | Takes the view that the assent of Parliament, required for Council to act under Article 49 Treaty on European Union on the accession of new Member States, should apply to the decision to open negotiations, as well as their conclusion; |
| --- | --- |

14.

Takes the view that the assent of Parliament, required for Council to act under Article 49 Treaty on European Union on the accession of new Member States, should apply to the decision to open negotiations, as well as their conclusion;

Conclusions

| 15. | Reaffirms its commitment to enlargement as an historic opportunity to ensure peace, security, stability, democracy and the rule of law, as well as economic growth and prosperity in Europe; reaffirms its conviction that enlargement must go hand in hand with the deepening of the Union, if the objectives of the European integration process are not to be jeopardized; |
| --- | --- |

15.

Reaffirms its commitment to enlargement as an historic opportunity to ensure peace, security, stability, democracy and the rule of law, as well as economic growth and prosperity in Europe; reaffirms its conviction that enlargement must go hand in hand with the deepening of the Union, if the objectives of the European integration process are not to be jeopardized;

| 16. | Stresses that the Union must be able to adapt its institutional, financial and political structure in due time so as to avoid causing unexpected delays in the accession of candidate countries once it is established that they satisfy all the conditions for membership; |
| --- | --- |

16.

Stresses that the Union must be able to adapt its institutional, financial and political structure in due time so as to avoid causing unexpected delays in the accession of candidate countries once it is established that they satisfy all the conditions for membership;

| 17. | Reaffirms that the Treaty of Nice does not provide an adequate basis for further enlargements; |
| --- | --- |

17.

Reaffirms that the Treaty of Nice does not provide an adequate basis for further enlargements;

| 18. | Reaffirms its endorsement of the Constitutional Treaty, which already offers solutions to most of the reforms needed by the EU in order to fulfil its current enlargement commitments and constitutes a tangible expression of the relationship between deepening and enlargement, and warns that any attempt to foster a piecemeal implementation of parts of the constitutional package deal may endanger the global compromise upon which it rests; |
| --- | --- |

18.

Reaffirms its endorsement of the Constitutional Treaty, which already offers solutions to most of the reforms needed by the EU in order to fulfil its current enlargement commitments and constitutes a tangible expression of the relationship between deepening and enlargement, and warns that any attempt to foster a piecemeal implementation of parts of the constitutional package deal may endanger the global compromise upon which it rests;

| 19. | Takes note of the timetable established by the European Council of 15-16 June 2006 for seeking a solution to the constitutional crisis by the second semester of 2008 at the latest; |
| --- | --- |

19.

Takes note of the timetable established by the European Council of 15-16 June 2006 for seeking a solution to the constitutional crisis by the second semester of 2008 at the latest;

| 20. | Reaffirms its commitment to achieving a constitutional settlement for the European Union as quickly as possible, and in any case before the citizens of the Union are called upon to cast their votes in the European elections in 2009, so that the Union can honour its commitments vis-à-vis candidate countries and be ready to accept them as Member States; |
| --- | --- |

20.

Reaffirms its commitment to achieving a constitutional settlement for the European Union as quickly as possible, and in any case before the citizens of the Union are called upon to cast their votes in the European elections in 2009, so that the Union can honour its commitments vis-à-vis candidate countries and be ready to accept them as Member States;

*

- *

| 21. | Instructs its President to forward this resolution to the Council, the Commission, the parliaments and governments of the Member States, the parliaments and governments of Turkey, Croatia, the Former Yugoslav Republic of Macedonia, Albania, Bosnia and Herzegovina, Serbia, Montenegro, the Provisional Institutions of Self-Government in Kosovo and the United Nations Mission in Kosovo. |
| --- | --- |

21.

Instructs its President to forward this resolution to the Council, the Commission, the parliaments and governments of the Member States, the parliaments and governments of Turkey, Croatia, the Former Yugoslav Republic of Macedonia, Albania, Bosnia and Herzegovina, Serbia, Montenegro, the Provisional Institutions of Self-Government in Kosovo and the United Nations Mission in Kosovo.

---

(1)  OJ C 247 E, 6.10.2005, p. 88.

(2)  OJ C 227 E, 21.9.2006, p. 163.

(3)  OJ C 287 E, 24.11.2006, p. 306.

(4)  Texts Adopted, P6_TA(2006)0096.

(5)  Texts Adopted, P6_TA(2006)0263.

(6)  Texts Adopted, P6_TA(2006)0381.

(7)  OJ C 124 E, 25.5.2006, p. 373.

(8)  OJ C 139, 14.6.2006, p. 1.

---

Thursday, 14 December 2006

| 23.12.2006 | EN | Official Journal of the European Union | CE 317/491 |
| --- | --- | --- | --- |

23.12.2006

EN

Official Journal of the European Union

CE 317/491

---

MINUTES

(2006/C 317 E/04)

PROCEEDINGS OF THE SITTING

IN THE CHAIR: Sylvia-Yvonne KAUFMANN

Vice-President

1.   Opening of sitting

The sitting opened at 9.00.

2.   Documents received

The following documents had been received:

from the Council and Commission

| — | Proposal for a Council decision concerning conclusion on behalf of the European Community of a Framework Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation and of the Protocol on Claims, Legal Proceedings and Indemnification to the Framework Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation (COM(2006)0665 — C6-0475/2006 — 2006/0227(CNS))






  referred to | responsible | : | ITRE |
| --- | --- | --- | --- | --- |
| opinion | : | ENVI |

—

Proposal for a Council decision concerning conclusion on behalf of the European Community of a Framework Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation and of the Protocol on Claims, Legal Proceedings and Indemnification to the Framework Agreement on a Multilateral Nuclear Environmental Programme in the Russian Federation (COM(2006)0665 — C6-0475/2006 — 2006/0227(CNS))

referred to

responsible

:

ITRE

opinion

:

ENVI

| — | European Commission — Final annual accounts of the European Communities — Financial Year 2005 — European Data Protection Supervisor (SEC(2006)0915 [09] — C6-0472/2006 — 2006/2170(DEC))






  referred to | responsible | : | CONT |
| --- | --- | --- | --- | --- |
| opinion | : | JURI, LIBE |

—

European Commission — Final annual accounts of the European Communities — Financial Year 2005 — European Data Protection Supervisor (SEC(2006)0915 [09] — C6-0472/2006 — 2006/2170(DEC))

referred to

responsible

:

CONT

opinion

:

JURI, LIBE

| — | European Commission — Final annual accounts of the European Communities — Financial Year 2005 — European Ombudsman (SEC(2006)0915 [08] — C6-0471/2006 — 2006/2063(DEC))






  referred to | responsible | : | CONT |
| --- | --- | --- | --- | --- |
| opinion | : | PETI, FEMM, AFCO, DEVE, CULT, AFET, PECH, AGRI, ENVI, EMPL, BUDG, ITRE, JURI, ECON, LIBE, INTA, IMCO, TRAN, REGI |

—

European Commission — Final annual accounts of the European Communities — Financial Year 2005 — European Ombudsman (SEC(2006)0915 [08] — C6-0471/2006 — 2006/2063(DEC))

referred to

responsible

:

CONT

opinion

:

PETI, FEMM, AFCO, DEVE, CULT, AFET, PECH, AGRI, ENVI, EMPL, BUDG, ITRE, JURI, ECON, LIBE, INTA, IMCO, TRAN, REGI

| — | European Commission — Final annual accounts of the European Communities — Financial Year 2005 — Committee of the Regions (SEC(2006)0915 [07] — C6-0470/2006 — 2006/2076(DEC))






  referred to | responsible | : | CONT |
| --- | --- | --- | --- | --- |
| opinion | : | PETI, FEMM, AFCO, DEVE, CULT, AFET, PECH, AGRI, ENVI, EMPL, BUDG, ITRE, JURI, ECON, LIBE, INTA, IMCO, TRAN, REGI |

—

European Commission — Final annual accounts of the European Communities — Financial Year 2005 — Committee of the Regions (SEC(2006)0915 [07] — C6-0470/2006 — 2006/2076(DEC))

referred to

responsible

:

CONT

opinion

:

PETI, FEMM, AFCO, DEVE, CULT, AFET, PECH, AGRI, ENVI, EMPL, BUDG, ITRE, JURI, ECON, LIBE, INTA, IMCO, TRAN, REGI

| — | European Commission — Final annual accounts of the European Communities — Financial Year 2005 — Economic and Social Committee (SEC(2006)0915 [06] — C6-0469/2006 — 2006/2075(DEC))






  referred to | responsible | : | CONT |
| --- | --- | --- | --- | --- |
| opinion | : | PETI, FEMM, AFCO, DEVE, CULT, AFET, PECH, AGRI, ENVI, EMPL, BUDG, ITRE, JURI, ECON, LIBE, INTA, IMCO, TRAN, REGI |

—

European Commission — Final annual accounts of the European Communities — Financial Year 2005 — Economic and Social Committee (SEC(2006)0915 [06] — C6-0469/2006 — 2006/2075(DEC))

referred to

responsible

:

CONT

opinion

:

PETI, FEMM, AFCO, DEVE, CULT, AFET, PECH, AGRI, ENVI, EMPL, BUDG, ITRE, JURI, ECON, LIBE, INTA, IMCO, TRAN, REGI

| — | European Commission — Final annual accounts of the European Communities — Financial Year 2005 — Court of Auditors (SEC(2006)0915 [05] — C6-0468/2006 — 2006/2074(DEC))






  referred to | responsible | : | CONT |
| --- | --- | --- | --- | --- |
| opinion | : | PETI, FEMM, AFCO, DEVE, CULT, AFET, PECH, AGRI, ENVI, EMPL, BUDG, ITRE, JURI, ECON, LIBE, INTA, IMCO, TRAN, REGI |

—

European Commission — Final annual accounts of the European Communities — Financial Year 2005 — Court of Auditors (SEC(2006)0915 [05] — C6-0468/2006 — 2006/2074(DEC))

referred to

responsible

:

CONT

opinion

:

PETI, FEMM, AFCO, DEVE, CULT, AFET, PECH, AGRI, ENVI, EMPL, BUDG, ITRE, JURI, ECON, LIBE, INTA, IMCO, TRAN, REGI

| — | European Commission — Final annual accounts of the European Communities — Financial Year 2005 — Court of Justice (SEC(2006)0915 [04] — C6-0467/2006 — 2006/2073(DEC))






  referred to | responsible | : | CONT |
| --- | --- | --- | --- | --- |
| opinion | : | PETI, FEMM, AFCO, DEVE, CULT, AFET, PECH, AGRI, ENVI, EMPL, BUDG, ITRE, JURI, ECON, LIBE, INTA, IMCO, TRAN, REGI |

—

European Commission — Final annual accounts of the European Communities — Financial Year 2005 — Court of Justice (SEC(2006)0915 [04] — C6-0467/2006 — 2006/2073(DEC))

referred to

responsible

:

CONT

opinion

:

PETI, FEMM, AFCO, DEVE, CULT, AFET, PECH, AGRI, ENVI, EMPL, BUDG, ITRE, JURI, ECON, LIBE, INTA, IMCO, TRAN, REGI

| — | European Commission — Final annual accounts of the European Communities — Financial Year 2005 — Council (SEC(2006)0915 [03] — C6-0466/2006 — 2006/2072(DEC))






  referred to | responsible | : | CONT |
| --- | --- | --- | --- | --- |
| opinion | : | PETI, FEMM, AFCO, DEVE, CULT, AFET, PECH, AGRI, ENVI, EMPL, BUDG, ITRE, JURI, ECON, LIBE, INTA, IMCO, TRAN, REGI |

—

European Commission — Final annual accounts of the European Communities — Financial Year 2005 — Council (SEC(2006)0915 [03] — C6-0466/2006 — 2006/2072(DEC))

referred to

responsible

:

CONT

opinion

:

PETI, FEMM, AFCO, DEVE, CULT, AFET, PECH, AGRI, ENVI, EMPL, BUDG, ITRE, JURI, ECON, LIBE, INTA, IMCO, TRAN, REGI

| — | European Commission — Final annual accounts of the European Communities — Financial Year 2005 — European Parliament (SEC(2006)0915 [02] — C6-0465/2006 — 2006/2071(DEC))






  referred to | responsible | : | CONT |
| --- | --- | --- | --- | --- |
| opinion | : | PETI, FEMM, AFCO, DEVE, CULT, AFET, PECH, AGRI, ENVI, EMPL, BUDG, ITRE, JURI, ECON, LIBE, INTA, IMCO, TRAN, REGI |

—

European Commission — Final annual accounts of the European Communities — Financial Year 2005 — European Parliament (SEC(2006)0915 [02] — C6-0465/2006 — 2006/2071(DEC))

referred to

responsible

:

CONT

opinion

:

PETI, FEMM, AFCO, DEVE, CULT, AFET, PECH, AGRI, ENVI, EMPL, BUDG, ITRE, JURI, ECON, LIBE, INTA, IMCO, TRAN, REGI

| — | Proposal for a regulation of the European Parliament and of the Council concerning statistics on plant protection products (COM(2006)0778 — C6-0457/2006 — 2006/0258(COD))






  referred to | responsible | : | ENVI |
| --- | --- | --- | --- | --- |
| opinion | : | AGRI, ITRE, IMCO |

—

Proposal for a regulation of the European Parliament and of the Council concerning statistics on plant protection products (COM(2006)0778 — C6-0457/2006 — 2006/0258(COD))

referred to

responsible

:

ENVI

opinion

:

AGRI, ITRE, IMCO

| — | Proposal for a Council decision on the acceptance, on behalf of the European Community, of the Protocol amending the TRIPS Agreement, done at Geneva on 6 December 2005 (08934/2006 — C6-0359/2006 — 2006/0060(AVC))






  referred to | responsible | : | INTA |
| --- | --- | --- | --- | --- |
| opinion | : | DEVE, ENVI, JURI |

—

Proposal for a Council decision on the acceptance, on behalf of the European Community, of the Protocol amending the TRIPS Agreement, done at Geneva on 6 December 2005 (08934/2006 — C6-0359/2006 — 2006/0060(AVC))

referred to

responsible

:

INTA

opinion

:

DEVE, ENVI, JURI

3.   A European strategy for sustainable, competitive and secure energy — Biomass and Biofuels — Nuclear Safety and Security Assistance * (debate)

(debate)

Report on a European strategy for sustainable, competitive and secure energy — Green Paper [2006/2113(INI)] — Committee on Industry, Research and Energy

Rapporteur: Eluned Morgan (A6-0426/2006).

Report on a strategy for biomass and biofuels [2006/2082(INI)] — Committee on Industry, Research and Energy

Rapporteur: Werner Langen (A6-0347/2006).

Report on the proposal for a Council regulation establishing an Instrument for Nuclear Safety and Security Assistance [09037/2006 — C6-0153/2006 — 2006/0802(CNS)] — Committee on Industry, Research and Energy

Rapporteur: Esko Seppänen (A6-0397/2006).

Andris Piebalgs (Member of the Commission) spoke.

Eluned Morgan introduced the report (A6-0426/2006).

Werner Langen introduced the report (A6-0347/2006).

Esko Seppänen introduced the report (A6-0397/2006).

The following spoke: Anders Wijkman (draftsman of the opinion of the DEVE Committee), Jean-Pierre Audy (draftsman of the opinion of the INTA Committee), Jacky Henin (draftsman of the opinion of the INTA Committee), Janusz Lewandowski (draftsman of the opinion of the BUDG Committee), Christian Ehler (draftsman of the opinion of the ECON Committee), Evangelia Tzampazi (draftsman of the opinion of the ENVI Committee), Frédérique Ries (draftsman of the opinion of the ENVI Committee), Liam Aylward (draftsman of the opinion of the ENVI Committee), Marta Vincenzi (draftsman of the opinion of the TRAN Committee), Hannu Takkula (draftsman of the opinion of the TRAN Committee), Oldřich Vlasák (draftsman of the opinion of the REGI Committee), Willem Schuth (draftsman of the opinion of the AGRI Committee), Herbert Reul, on behalf of the PPE-DE Group, Edit Herczog, on behalf of the PSE Group, Lena Ek, on behalf of the ALDE Group, Claude Turmes, on behalf of the Verts/ALE Group, Roberto Musacchio, on behalf of the GUE/NGL Group, Mieczysław Edmund Janowski, on behalf of the UEN Group, Nils Lundgren, on behalf of the IND/DEM Group, and Lydia Schenardi, Non-attached Member.

IN THE CHAIR: Mario MAURO

Vice-President

The following spoke: Paul Rübig, Reino Paasilinna, Jorgo Chatzimarkakis, Rebecca Harms, Tobias Pflüger, John Whittaker, Jim Allister, Elmar Brok (draftsman of the opinion of the AFET Committee), Alejo Vidal-Quadras, Mechtild Rothe, Anne Laperrouze, Athanasios Pafilis, Alessandro Battilocchio, Jerzy Buzek, Joan Calabuig Rull, Romana Jordan Cizelj, Matthias Groote, Nicole Fontaine, Dorette Corbey, Andres Tarand, Teresa Riera Madurell and Andris Piebalgs.

The debate closed.

Vote: Minutes of 14.12.2006, Item 6.35, Minutes of 14.12.2006, Item 6.36 and Minutes of 14.12.2006, Item 6.31.

Minutes of 14.12.2006, Item 6.35, Minutes of 14.12.2006, Item 6.36 and Minutes of 14.12.2006, Item 6.31

(The sitting was suspended at 10.50 pending voting time and resumed at 11.05.)

(The sitting was suspended at 10.50 pending voting time and resumed at 11.05.)

IN THE CHAIR: Josep BORRELL FONTELLES

President

4.   Tribute

On behalf of Parliament and of the Commission, Josep Borrell Fontelles (President of the European Parliament) and Jacques Barrot (Vice-President of the Commission) paid tribute to the memory of Loyola de Palacio, Vice-President of the Commission between 1999 and 2004, who had died in Madrid on 13.12.2006.

Parliament observed a minute's silence.

5.   Signature of acts adopted under codecision

The President announced that, during the following week, together with the President of the Council and in accordance with Rule 68 of the Rules of Procedure, he would sign the following acts, which had been adopted by codecision:

| — | Regulation of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC of the European Parliament and of the Council and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (3664/2006 — C6-0000/2006 — 2003/0256(COD)) |
| --- | --- |

—

Regulation of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC of the European Parliament and of the Council and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (3664/2006 — C6-0000/2006 — 2003/0256(COD))

| — | Directive of the European Parliament and of the Council amending Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances in order to adapt it to Regulation (EC) No .../2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (Reach) and establishing a European Chemicals Agency (3665/2006 — C6-0476/2006 — 2003/0257(COD)) |
| --- | --- |

—

Directive of the European Parliament and of the Council amending Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances in order to adapt it to Regulation (EC) No .../2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (Reach) and establishing a European Chemicals Agency (3665/2006 — C6-0476/2006 — 2003/0257(COD))

| — | Decision of the European Parliament and of the Council concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) (3666/2006 — C6-0477/2006 — 2005/0043(COD)) |
| --- | --- |

—

Decision of the European Parliament and of the Council concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) (3666/2006 — C6-0477/2006 — 2005/0043(COD))

| — | Regulation of the European Parliament and of the Council laying down the rules for the participation of undertakings, research centres and universities in actions under the Seventh Framework Programme and for the dissemination of research results (2007-2013) (3668/2006 — C6-0478/2006 — 2005/0277(COD)) |
| --- | --- |

—

Regulation of the European Parliament and of the Council laying down the rules for the participation of undertakings, research centres and universities in actions under the Seventh Framework Programme and for the dissemination of research results (2007-2013) (3668/2006 — C6-0478/2006 — 2005/0277(COD))

| — | Regulation of the European Parliament and of the Council regarding access to the second generation Schengen Information System (SIS II) by the services in the Member States responsible for issuing vehicle registration certificates (3661/2006 — C6-0479/2006 — 2005/0104(COD)) |
| --- | --- |

—

Regulation of the European Parliament and of the Council regarding access to the second generation Schengen Information System (SIS II) by the services in the Member States responsible for issuing vehicle registration certificates (3661/2006 — C6-0479/2006 — 2005/0104(COD))

| — | Regulation of the European Parliament and of the Council on the establishment, operation and use of the second generation Schengen Information System (SIS II) (3662/2006 — C6-0480/2006 — 2005/0106(COD)) |
| --- | --- |

—

Regulation of the European Parliament and of the Council on the establishment, operation and use of the second generation Schengen Information System (SIS II) (3662/2006 — C6-0480/2006 — 2005/0106(COD))

| — | Decision of the European Parliament and of the Council concerning the European Year of Intercultural Dialogue (2008) (3682/2006 — C6-0481/2006 — 2005/0203(COD)) |
| --- | --- |

—

Decision of the European Parliament and of the Council concerning the European Year of Intercultural Dialogue (2008) (3682/2006 — C6-0481/2006 — 2005/0203(COD))

| — | Regulation of the European Parliament and of the Council on the submission of statistical data on landings of fishery products in Member States and repealing Council Regulation (EEC) No 1382/91 (3684/2006 — C6-0482/2006 — 2005/0223(COD)) |
| --- | --- |

—

Regulation of the European Parliament and of the Council on the submission of statistical data on landings of fishery products in Member States and repealing Council Regulation (EEC) No 1382/91 (3684/2006 — C6-0482/2006 — 2005/0223(COD))

| — | 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 (3681/2006 — C6-0484/2006 — 2004/0270B(COD)) |
| --- | --- |

—

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 (3681/2006 — C6-0484/2006 — 2004/0270B(COD))

| — | Decision of the European Parliament and of the Council establishing a programme of Community action in the field of consumer policy (2007-2013) (3680/2006 — C6-0487/2006 — 2005/0042B(COD)) |
| --- | --- |

—

Decision of the European Parliament and of the Council establishing a programme of Community action in the field of consumer policy (2007-2013) (3680/2006 — C6-0487/2006 — 2005/0042B(COD))

| — | Regulation of the European Parliament and of the Council establishing a financing instrument for development cooperation (3663/2006 — C6-0490/2006 — 2004/0220(COD)) |
| --- | --- |

—

Regulation of the European Parliament and of the Council establishing a financing instrument for development cooperation (3663/2006 — C6-0490/2006 — 2004/0220(COD))

| — | Recommendation of the European Parliament and of the Council on transnational mobility within the Community for education and training purposes: European Quality Charter for Mobility (3649/2006 — C6-0492/2006 — 2005/0179(COD)) |
| --- | --- |

—

Recommendation of the European Parliament and of the Council on transnational mobility within the Community for education and training purposes: European Quality Charter for Mobility (3649/2006 — C6-0492/2006 — 2005/0179(COD))

| — | Recommendation of the European Parliament and of the Council on key competences for lifelong learning (3650/2006 — C6-0491/2006 — 2005/0221(COD)) |
| --- | --- |

—

Recommendation of the European Parliament and of the Council on key competences for lifelong learning (3650/2006 — C6-0491/2006 — 2005/0221(COD))

| — | Regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (3669/2006 — C6-0486/2006 — 2005/0258(COD)) |
| --- | --- |

—

Regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (3669/2006 — C6-0486/2006 — 2005/0258(COD))

| — | Regulation of the European Parliament and of the Council on multiannual funding for the action of the European Maritime Safety Agency in the field of response to pollution caused by ships and amending Regulation (EC) No 1406/2002 (3631/2006 — C6-0485/2006 — 2005/0098(COD)) |
| --- | --- |

—

Regulation of the European Parliament and of the Council on multiannual funding for the action of the European Maritime Safety Agency in the field of response to pollution caused by ships and amending Regulation (EC) No 1406/2002 (3631/2006 — C6-0485/2006 — 2005/0098(COD))

| — | Regulation of the European Parliament and of the Council establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains (3651/2006 — C6-0483/2006 — 2006/0011(COD)) |
| --- | --- |

—

Regulation of the European Parliament and of the Council establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains (3651/2006 — C6-0483/2006 — 2006/0011(COD))

| — | Directive of the European Parliament and of the Council on driving licences (Recast) (3687/2006 — C6-0494/2006 — 2003/0252(COD)) |
| --- | --- |

—

Directive of the European Parliament and of the Council on driving licences (Recast) (3687/2006 — C6-0494/2006 — 2003/0252(COD))

| — | Regulation of the European Parliament and of the Council amending Regulation (EC) No .../2006 on medicinal products for paediatric use and amending Regulation (EEC) No 1768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulation (EC) No 726/2004 (3677/2006 — C6-0495/2006 — 2006/0207(COD)) |
| --- | --- |

—

Regulation of the European Parliament and of the Council amending Regulation (EC) No .../2006 on medicinal products for paediatric use and amending Regulation (EEC) No 1768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulation (EC) No 726/2004 (3677/2006 — C6-0495/2006 — 2006/0207(COD))

| — | Recommendation of the European Parliament and of the Council on the protection of minors and human dignity and on the right of reply in relation to the competitiveness of the European audiovisual and on-line information services industry (3683/2006 — C6-0496/2006 — 2004/0117(COD)) |
| --- | --- |

—

Recommendation of the European Parliament and of the Council on the protection of minors and human dignity and on the right of reply in relation to the competitiveness of the European audiovisual and on-line information services industry (3683/2006 — C6-0496/2006 — 2004/0117(COD))

| — | Regulation of the European Parliament and of the Council on establishing a European Institute for Gender Equality (3686/2006 — C6-0497/2006 — 2005/0017(COD)) |
| --- | --- |

—

Regulation of the European Parliament and of the Council on establishing a European Institute for Gender Equality (3686/2006 — C6-0497/2006 — 2005/0017(COD))

| — | Regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 571/88 on the organisation of Community surveys on the structure of agricultural holdings, as regards the financial framework for the period 2007-2009 and the maximum Community contribution for Bulgaria and Romania (3689/2006 — C6-0498/2006 — 2006/0112(COD)) |
| --- | --- |

—

Regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 571/88 on the organisation of Community surveys on the structure of agricultural holdings, as regards the financial framework for the period 2007-2009 and the maximum Community contribution for Bulgaria and Romania (3689/2006 — C6-0498/2006 — 2006/0112(COD))

| — | Regulation of the European Parliament and of the Council laying down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention (3607/2/2006 — C6-0499/2006 — 2005/0006(COD)) |
| --- | --- |

—

Regulation of the European Parliament and of the Council laying down rules on local border traffic at the external land borders of the Member States and amending the provisions of the Schengen Convention (3607/2/2006 — C6-0499/2006 — 2005/0006(COD))

| — | Regulation of the European Parliament and of the Council establishing the European Globalisation adjustment Fund (3678/2006 — C6-0500/2006 — 2006/0033(COD)) |
| --- | --- |

—

Regulation of the European Parliament and of the Council establishing the European Globalisation adjustment Fund (3678/2006 — C6-0500/2006 — 2006/0033(COD))

| — | Regulation of the European Parliament and of the Council on establishing a financing instrument for the promotion of democracy and human rights worldwide (European Instrument for Democracy and Human Rights) (3688/2006 — C6-0501/2006 — 2006/0116(COD)) |
| --- | --- |

—

Regulation of the European Parliament and of the Council on establishing a financing instrument for the promotion of democracy and human rights worldwide (European Instrument for Democracy and Human Rights) (3688/2006 — C6-0501/2006 — 2006/0116(COD))

| — | Regulation of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to foods (3617/7/2006 — C6-0502/2006 — 2003/0262(COD)) |
| --- | --- |

—

Regulation of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to foods (3617/7/2006 — C6-0502/2006 — 2003/0262(COD))

| — | Regulation of the European Parliament and of the Council on nutrition and health claims made on foods (3616/9/2006 — C6-0503/2006 — 2003/0165(COD)) |
| --- | --- |

—

Regulation of the European Parliament and of the Council on nutrition and health claims made on foods (3616/9/2006 — C6-0503/2006 — 2003/0165(COD))

In addition, the Council had announced that it had approved the positions adopted by the European Parliament at first reading on 30 November 2006 with a view to adopting:

| — | Regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (3673/2006 — C6-0489/2006 — 2006/0209(COD)) |
| --- | --- |

—

Regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 3922/91 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation (3673/2006 — C6-0489/2006 — 2006/0209(COD))

| — | Directive of the European Parliament and of the Council amending Directive 2006/87/EC laying down technical requirements for inland waterway vessels (3674/2006 — C6-0488/2006 — 2006/0210(COD)) |
| --- | --- |

—

Directive of the European Parliament and of the Council amending Directive 2006/87/EC laying down technical requirements for inland waterway vessels (3674/2006 — C6-0488/2006 — 2006/0210(COD))

In light of the modifications that had been made by the Council to the two texts forwarded to Parliament, the President had consulted the TRAN Committee, as the committee responsible for the matter. By letter of 12.12.2006, the chairman of that committee had informed the President, in accordance with Rule 66(2), that the modifications did not affect the substance of the texts. The President would thus also sign those acts during the following week.

6.   Voting time

Details of voting (amendments, separate and split votes, etc.) appear in the ‘Results of votes’ annex to the Minutes.

6.1.   Draft general budget of the European Union 2007, amended by the Council (vote)

(vote)

Draft amendments to the draft general budget, amended by the Council

(Qualified majority)

(Qualified majority)

The President reminded the House of the rules governing the budget vote and the majorities required. An electronic check of the number of Members present in the Chamber was taken. There were 542 Members.

James Elles (general rapporteur for the budget), introduced the following technical adjustments:

‘Firstly, Amendment 328 to line 22 02 02 is accepted with + 2 million euro for commitments and payments. These 2 million euro are taken from line 19 05 01. As a result, Amendment 314 to line 19 05 01 is withdrawn.

Secondly, 5 million euro in commitments and payments is added to line 16 02 02.

Thirdly, 400 000euro in commitments and payments is added to line 15 04 47.

With regard to the amounts in reserve which are released: Amendment 302 to line 16 03 02 — the reserve is lifted; Amendment 251, line 26 01 50 23; Amendment 330, line 28 01 01.

As regards EPSO, that is Amendment 255: it is replaced by an amendment to reduce the amounts in reserve to 25 % of the appropriations on the relevant budget lines.

Finally, to take account of a problem on pre-accession assistance which arose from the Council's reading, and which we were not able to pick up quickly enough, Parliament calls on the Commission, at the end of paragraph 25 of the resolution, “to present a transfer request or amending budget during the course of 2007 if the amounts foreseen in the 2007 budget turn out to be insufficient”. This concerns budget line 05 05 01 01.

I recommend that we vote on these particular elements which I have put forward as technical adjustments.’

Parliament approved these technical adjustments.

(Voting record: ‘Results of votes’, Item 1)

(Voting record: ‘Results of votes’, Item 1)

The amendments adopted are published in the Texts Adopted of that day's sitting.

Texts Adopted

Ulla-Maj Wideroos (President-in-Office of the Council) made the following statement:

‘You are about to adopt the 2007 budget at second reading. This is the first budget for the enlarged European Union of 27 Member States. It is also the first budget for the 2007-2013 budgetary period. I am pleased to see that the agreement reached by our two institutions as a result of the negotiations on 21 November and in the trialogue on 28 November has been included in the 2007 draft budget.

There are still some minor divergences of interpretation with regard to the classification of expenditure and the Council reserves its rights in this connection. Nevertheless, the Council is able to accept the maximum rate of increase of expenditure resulting from the vote at second reading that has just been held.

I shall conclude by thanking the Chairman of the Committee on Budgets, Mr Lewandowski, and the rapporteurs, Mr Elles and Mr Grech, for the excellent way that they have worked with us during the negotiations.’

The President made the following statement:

‘I note that the budgetary procedure went ahead in accordance with the Treaty and the Interinstitutional Agreement of 6 May 1999, and that, pursuant to Article 13 of that Agreement, the Council and Parliament have established that they agree on the maximum rate of increase for non-compulsory expenditure resulting from Parliament's second reading. The budgetary procedure can thus be deemed closed and the budget is declared definitively adopted’.

Having invited the President-in-Office of the Council, Ulla-Maj Wideroos, the Budget Commissioner Dalia Grybauskaitė, the Chairman of the BUDG Committee Janusz Lewandowski, and the rapporteurs James Elles and Louis Grech to join him, the President of Parliament, along with the President-in-Office of the Council, then signed the budget.

6.2.   Draft general budget for 2007, amended by the Council (all sections) (vote)

(vote)

Report on the draft general budget of the European Union for the financial year 2007 as modified by the Council (all sections) (15637/2006 — C6-0442/2006 — 2006/2018(BUD) — 2006/2018B(BUD)) and Letters of amendment Nos: 1/2007 (SEC (2006)0762) — 2/2007 (13886/2006 — C6-0341/2006) — 3/2007 (15636/2006 — C6-0443/2006) to the draft general budget of the European Union for the financial year 2007

| | Section I, European Parliament |
| --- | --- |

Section I, European Parliament

| | Section II, Council |
| --- | --- |

Section II, Council

| | Section III, Commission |
| --- | --- |

Section III, Commission

| | Section IV, Court of Justice |
| --- | --- |

Section IV, Court of Justice

| | Section V, Court of Auditors |
| --- | --- |

Section V, Court of Auditors

| | Section VI, European Economic and Social Committee |
| --- | --- |

Section VI, European Economic and Social Committee

| | Section VII, Committee of the Regions |
| --- | --- |

Section VII, Committee of the Regions

| | Section VIII (A), European Ombudsman |
| --- | --- |

Section VIII (A), European Ombudsman

| | Section VIII (B), European Data Protection Supervisor — Committee on Budgets
  Co-rapporteurs: James Elles and Louis Grech (A6-0451/2006). |
| --- | --- |

Section VIII (B), European Data Protection Supervisor — Committee on Budgets

Co-rapporteurs: James Elles and Louis Grech (A6-0451/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 2)

(Voting record: ‘Results of votes’, Item 2)

MOTION FOR A RESOLUTION

Adopted (P6_TA(2006)0570)

(P6_TA(2006)0570)

The following spoke on the vote:

The following spoke on the vote:

| — | Catherine Guy-Quint and James Elles (co-rapporteur) on the voting procedure. |
| --- | --- |

—

Catherine Guy-Quint and James Elles (co-rapporteur) on the voting procedure.

IN THE CHAIR: Luigi COCILOVO

Vice-President

6.3.   Procedure for prior examination and consultation in respect of certain provisions concerning transport proposed in Member States (codified version) ***I (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a decision of the European Parliament and of the Council on a procedure for prior examination and consultation in respect of certain laws, regulations and administrative provisions concerning transport proposed in Member States (Codified version) [COM(2006)0284 — C6-0185/2006 — 2006/0099(COD)] — Committee on Legal Affairs

Rapporteur: Diana Wallis (A6-0458/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 3)

(Voting record: ‘Results of votes’, Item 3)

COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0571)

(P6_TA(2006)0571)

6.4.   Elimination of controls at the frontiers of Member States (road and inland waterway transport) (codified version) ***I (Rule 131) (vote)

Rule 131) (vote)

Report on the proposal for a regulation of the European Parliament and of the Council on the elimination of controls performed at the frontiers of Member States in the field of road and inland waterway transport (codified version) [COM(2006)0432 — C6-0261/2006 — 2006/0146(COD)] — Committee on Legal Affairs

Rapporteur: Diana Wallis (A6-0459/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 4)

(Voting record: ‘Results of votes’, Item 4)

COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0572)

(P6_TA(2006)0572)

6.5.   Transmission of data subject to statistical confidentiality (codified version) ***I (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a regulation (Euratom, EC) of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities (codified version) [COM(2006)0477 — C6-0290/2006 — 2006/0159(COD)] — Committee on Legal Affairs

Rapporteur: Diana Wallis (A6-0457/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 5)

(Voting record: ‘Results of votes’, Item 5)

COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0573)

(P6_TA(2006)0573)

6.6.   Submission of nominal catch statistics by Member States fishing in the North-East Atlantic (codified version) ***I (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a regulation of the European Parliament and of the Council on the submission of nominal catch statistics by Member States fishing in the North-East Atlantic (codified version) [COM(2006)0497 — C6-0301/2006 — 2006/0164(COD)] — Committee on Legal Affairs

Rapporteur: Diana Wallis (A6-0460/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 6)

(Voting record: ‘Results of votes’, Item 6)

COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0574)

(P6_TA(2006)0574)

6.7.   Community criteria for the eradication and monitoring of certain animal diseases (codified version) * (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a Council decision laying down Community criteria for the eradication and monitoring of certain animal diseases (codified version) [COM(2006)0315 — C6-0236/2006 — 2006/0104(CNS)] — Committee on Legal Affairs

Rapporteur: Diana Wallis (A6-0461/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 7)

(Voting record: ‘Results of votes’, Item 7)

COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0575)

(P6_TA(2006)0575)

6.8.   Agreement between the EC and Paraguay on certain aspects of air services * (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a Council decision on the conclusion of the Agreement between the European Community and the Republic of Paraguay on certain aspects of air services [COM(2006)0266 — C6-0308/2006 — 2006/0094(CNS)] — Committee on Transport and Tourism

Rapporteur: Paolo Costa (A6-0406/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 8)

(Voting record: ‘Results of votes’, Item 8)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0576)

(P6_TA(2006)0576)

6.9.   R&D activities in the domain of intelligent manufacturing systems (EU-Australia Agreement, Canada, Norway, Switzerland, Korea, Japan and the USA) * (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a Council decision authorising the conclusion of the agreement to renew and modify the agreement on research and development activities in the domain of intelligent manufacturing systems (IMS) between the European Community and Australia, Canada, the EFTA countries of Norway and Switzerland, Korea, Japan and the United States of America [COM(2006)0343 — C6-0373/2006 — 2006/0111(CNS)] — Committee on Industry, Research and Energy

Rapporteur: Giles Chichester (A6-0418/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 9)

(Voting record: ‘Results of votes’, Item 9)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0577)

(P6_TA(2006)0577)

6.10.   Direct support schemes under CAP; the COM for sugars; restructuring of the sugar industry; owing to the accession of Bulgaria and Romania to the EU * (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a Council regulation adapting Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, Regulation (EC) No 318/2006 on the common organisation of the markets in the sugar sector and Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community, by reason of the accession of Bulgaria and Romania to the European Union [COM(2006)0677 — C6-0424/2006 — 2006/0226(CNS)] — Committee on Agriculture and Rural Development

Rapporteur: Joseph Daul (A6-0412/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 10)

(Voting record: ‘Results of votes’, Item 10)

COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0578)

(P6_TA(2006)0578)

6.11.   Drugs prevention and information (2007-2013) ***I (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a decision of the European Parliament and of the Council establishing for the period 2007-2013 the specific programme ‘Drugs prevention and information’ as part of the General programme ‘Fundamental Rights and Justice’ [COM(2006)0230 — C6-0095/2005 — 2005/0037B(COD)] — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Inger Segelström (A6-0454/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 11)

(Voting record: ‘Results of votes’, Item 11)

COMMISSION PROPOSAL, AMENDMENT and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0579)

(P6_TA(2006)0579)

6.12.   Civil justice (2007-2013) ***I (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a decision of the European Parliament and of the Council establishing for the period 2007-2013 the specific programme ‘Civil justice’ as part of the General programme ‘Fundamental Rights and Justice’ [COM(2005)0122 — C6-0096/2005 — 2005/0040(COD)] — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Inger Segelström (A6-0452/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 12)

(Voting record: ‘Results of votes’, Item 12)

COMMISSION PROPOSAL, AMENDMENT and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0580)

(P6_TA(2006)0580)

6.13.   European Refugee Fund (2008-2013) ***I (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a decision of the European Parliament and the Council establishing the European Refugee Fund for the period 2008-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ [COM(2005)0123 — C6-0124/2005 — 2005/0046(COD)] — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Barbara Kudrycka (A6-0437/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 13)

(Voting record: ‘Results of votes’, Item 13)

COMMISSION PROPOSAL, AMENDMENT and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0581)

(P6_TA(2006)0581)

6.14.   Double-hull or equivalent design requirements for single-hull oil tankers ***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 417/2002 on the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers and repealing Council Regulation (EC) No 2978/94 [COM(2006)0111 — C6-0104/2006 — 2006/0046(COD)] — Committee on Transport and Tourism

Rapporteur: Fernand Le Rachinel (A6-0417/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 14)

(Voting record: ‘Results of votes’, Item 14)

COMMISSION PROPOSAL, AMENDMENT and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0582)

(P6_TA(2006)0582)

6.15.   Creation of the European Fund for the Integration of Third-country Nationals (2007-2013) * (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a Council decision establishing the European Fund for the Integration of Third-country nationals for the period 2007-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ [COM(2005)0123 — C6-0238/2005 — 2005/0048(CNS)] — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Barbara Kudrycka (A6-0419/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 15)

(Voting record: ‘Results of votes’, Item 15)

COMMISSION PROPOSAL, AMENDMENT and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P6_TA(2006)0583)

(P6_TA(2006)0583)

6.16.   Prevention, preparedness and consequence management of terrorism (2007-2013) * (Rule 131) (vote)

(Rule 131) (vote)

Report on the proposal for a Council decision establishing the specific Programme ‘Prevention, Preparedness and Consequence Management of Terrorism’, for the Period 2007-2013 — General Programme ‘Security and Safeguarding Liberties’ [COM(2005)0124 — C6-0241/2005 — 2005/0034(CNS)] — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Romano Maria La Russa (A6-0390/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 16)

(Voting record: ‘Results of votes’, Item 16)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Romano Maria La Russa (rapporteur) objected to the voting procedure laid down in Rule 131 being used in respect of such subjects.

Adopted by single vote (P6_TA(2006)0584)

(P6_TA(2006)0584)

6.17.   Numerical strength of the committees (vote)

(vote)

Proposal for a decision tabled under Rule 174 by the Conference of Presidents on the numerical strength of the committees (B6-0664/2006)

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 17)

(Voting record: ‘Results of votes’, Item 17)

PROPOSAL FOR A DECISION

Adopted (P6_TA(2006)0585)

(P6_TA(2006)0585)

6.18.   European Institute for Gender Equality ***II (vote)

(vote)

Recommendation for second reading on the Council common position for adopting a regulation of the European Parliament and of the Council establishing a European Institute for Gender Equality [10351/1/2006 — C6-0314/2006 — 2005/0017(COD)] — Committee on Women's Rights and Gender Equality

Co-rapporteurs: Lissy Gröner and Amalia Sartori (A6-0455/2006).

(Qualified majority)

(Qualified majority)

(Voting record: ‘Results of votes’, Item 18)

(Voting record: ‘Results of votes’, Item 18)

COMMON POSITION OF THE COUNCIL

Declared approved as amended (P6_TA(2006)0586)

(P6_TA(2006)0586)

6.19.   Driving licences ***II (vote)

(vote)

Recommendation for second reading on the Council common position for adopting a directive of the European Parliament and of the Council on driving licences [09010/1/2006 — C6-0312/2006 — 2003/0252(COD)] — Committee on Transport and Tourism

Rapporteur: Mathieu Grosch (A6-0414/2006).

(Qualified majority)

(Qualified majority)

(Voting record: ‘Results of votes’, Item 19)

(Voting record: ‘Results of votes’, Item 19)

COMMON POSITION OF THE COUNCIL

Declared approved as amended (P6_TA(2006)0587)

(P6_TA(2006)0587)

6.20.   Amendment of Rule 81 of Parliament's Rules of Procedure, Implementing provisions (vote)

(vote)

Report on amendment of Rule 81 of Parliament's Rules of Procedure, Implementing provisions [2006/2211(REG)] — Committee on Constitutional Affairs

Rapporteur: Richard Corbett (A6-0415/2006).

(Qualified majority)

(Qualified majority)

(Voting record: ‘Results of votes’, Item 20)

(Voting record: ‘Results of votes’, Item 20)

TEXT OF THE RULES OF PROCEDURE

Amendments adopted: see Results of Votes Annex

Results of Votes Annex

PROPOSAL FOR A DECISION

Adopted (P6_TA(2006)0588)

P6_TA(2006)0588

The following spoke on the vote:

The following spoke on the vote:

| — | Richard Corbett (rapporteur). |
| --- | --- |

—

Richard Corbett (rapporteur).

The new provisions would enter into force on 01.01.2007.

6.21.   Amendment of the Rules of Procedure (committees, quaestors) (vote)

(vote)

Report on amendment of Rules 15 and 182(1) of Parliament's Rules of Procedure — Election of Quaestors and committee bureaux [2006/2287(REG)] — Committee on Constitutional Affairs

Rapporteur: Jo Leinen (A6-0464/2006).

(Qualified majority)

(Qualified majority)

(Voting record: ‘Results of votes’, Item 21)

(Voting record: ‘Results of votes’, Item 21)

TEXT OF THE RULES OF PROCEDURE

Amendments adopted: see Results of Votes Annex

Results of Votes Annex

PROPOSAL FOR A DECISION

Adopted (P6_TA(2006)0589)

P6_TA(2006)0589

The new provisions would enter into force on 01.01.2007.

6.22.   External Borders Fund (2007-2013) ***I (vote)

(vote)

Report on the proposal for a decision of the European Parliament and the Council establishing the External Borders Fund for the period 2007-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ [COM(2005)0123 — C6-0125/2005 — 2005/0047(COD)] — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Barbara Kudrycka (A6-0427/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 22)

(Voting record: ‘Results of votes’, Item 22)

COMMISSION PROPOSAL

Barbara Kudrycka (rapporteur) recommended that the House adopt the compromise amendment.

Approved as amended (P6_TA(2006)0590)

(P6_TA(2006)0590)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0590)

(P6_TA(2006)0590)

6.23.   Creation of the European Return Fund (2008-2013) ***I (vote)

(vote)

Report on the proposal for a decision of the European Parliament and the Council establishing the European Refugee Fund for the period 2008-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ [COM(2005)0123 — C6-0126/2005 — 2005/0049(COD)] — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Barbara Kudrycka (A6-0425/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 23)

(Voting record: ‘Results of votes’, Item 23)

COMMISSION PROPOSAL

The following spoke: Barbara Kudrycka (rapporteur), Ulla-Maj Wideroos (President-in-Office of the Council) and Andris Piebalgs (Member of the Commission), who clarified the positions of their respective institutions.

Approved as amended (P6_TA(2006)0591)

(P6_TA(2006)0591)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0591)

(P6_TA(2006)0591)

6.24.   Medicinal products for paediatric use ***I (vote)

(vote)

Report on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No .../2006 on medicinal products for paediatric use and amending Regulation (EEC) No 1768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulation (EC) No 726/2004 [COM(2006)0640 — C6-0356/2006 — 2006/0207(COD)] — Committee on the Environment, Public Health and Food Safety

Rapporteur: Françoise Grossetête (A6-0396/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 24)

(Voting record: ‘Results of votes’, Item 24)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0592)

(P6_TA(2006)0592)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0592)

(P6_TA(2006)0592)

6.25.   European Small Claims Procedure ***I (vote)

Report on the proposal for a regulation of the European Parliament and of the Council establishing a European Small Claims Procedure [COM(2005)0087 — C6-0082/2005 — 2005/0020(COD)] — Committee on Legal Affairs

Rapporteur: Hans-Peter Mayer (A6-0387/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 25)

(Voting record: ‘Results of votes’, Item 25)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0593)

(P6_TA(2006)0593)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0593)

(P6_TA(2006)0593)

The following spoke on the vote:

The following spoke on the vote:

| — | Hans-Peter Mayer (rapporteur) pointed out that the German terminology used was the authentic text and moved an oral amendment to compromise package No 1, which was incorporated. |
| --- | --- |

—

Hans-Peter Mayer (rapporteur) pointed out that the German terminology used was the authentic text and moved an oral amendment to compromise package No 1, which was incorporated.

6.26.   Fundamental rights and citizenship (2007-2013) * (vote)

(vote)

Report on the proposal for a Council decision establishing for the period 2007-2013 the specific programme ‘Fundamental rights and citizenship’ as part of the General programme ‘Fundamental Rights and Justice’ [COM(2005)0122 — C6-0236/2005 — 2005/0038(CNS)] — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Inger Segelström (A6-0465/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 26)

(Voting record: ‘Results of votes’, Item 26)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0594)

(P6_TA(2006)0594)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0594)

(P6_TA(2006)0594)

6.27.   Criminal justice (2007-2013) * (vote)

(vote)

Report on the proposal for a Council decision establishing for the period 2007-2013 the specific programme ‘Criminal justice’ as part of the General programme ‘Fundamental Rights and Justice’ [COM(2005)0122 — C6-0237/2005 — 2005/0039(CNS)] — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Inger Segelström (A6-0453/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 27)

(Voting record: ‘Results of votes’, Item 27)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0595)

(P6_TA(2006)0595)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0595)

(P6_TA(2006)0595)

6.28.   Preventing and fighting crime (2007-2013) * (vote)

(vote)

Report on the proposal for a Council decision establishing the specific Programme ‘Prevention of and Fight against Crime’ for the Period 2007-2013 — General Programme ‘Security and Safeguarding Liberties’ [COM(2005)0124 — C6-0242/2005 — 2005/0035(CNS)] — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Romano Maria La Russa (A6-0389/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 28)

(Voting record: ‘Results of votes’, Item 28)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0596)

(P6_TA(2006)0596)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0596)

(P6_TA(2006)0596)

6.29.   Development of the second generation Schengen Information System (SIS II) * (vote)

(vote)

Report on the proposal for a Council regulation amending Regulation (EC) No 2424/2001 on the development of the second generation Schengen Information System (SIS II) [COM(2006)0383 — C6-0296/2006 — 2006/0125(CNS)] — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Carlos Coelho (A6-0410/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 29)

(Voting record: ‘Results of votes’, Item 29)

COMMISSION PROPOSAL

Approved (P6_TA(2006)0597)

(P6_TA(2006)0597)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0597)

(P6_TA(2006)0597)

6.30.   Development of the second generation Schengen information System (SIS II) * (vote)

(vote)

Report on the proposal for a Council decision amending Decision 2001/886/JHA on the development of the second generation Schengen Information System (SIS II) [COM(2006)0383 — C6-0297/2006 — 2006/0126(CNS)] — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Carlos Coelho (A6-0413/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 30)

(Voting record: ‘Results of votes’, Item 30)

COMMISSION PROPOSAL

Approved (P6_TA(2006)0598)

(P6_TA(2006)0598)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0598)

(P6_TA(2006)0598)

6.31.   Nuclear Safety and Security Assistance * (vote)

(vote)

Report on the proposal for a Council regulation establishing an Instrument for Nuclear Safety and Security Assistance [09037/2006 — C6-0153/2006 — 2006/0802(CNS)] — Committee on Industry, Research and Energy

Rapporteur: Esko Seppänen (A6-0397/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 31)

(Voting record: ‘Results of votes’, Item 31)

COUNCIL TEXT

Approved as amended (P6_TA(2006)0599)

(P6_TA(2006)0599)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0599)

(P6_TA(2006)0599)

The following spoke on the vote:

The following spoke on the vote:

| — | Esko Seppänen (rapporteur), who moved an oral amendment to amendment 25, which was incorporated. |
| --- | --- |

—

Esko Seppänen (rapporteur), who moved an oral amendment to amendment 25, which was incorporated.

6.32.   Visas for crossing Member States' external borders * (vote)

(vote)

Report on the proposal for a Council regulation amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders of Member States and those whose nationals are exempt from that requirement [COM(2006)0084 — C6-0256/2006 — 2006/0022(CNS)] — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Ioannis Varvitsiotis (A6-0431/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 32)

(Voting record: ‘Results of votes’, Item 32)

COMMISSION PROPOSAL

Approved as amended (P6_TA(2006)0600)

(P6_TA(2006)0600)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P6_TA(2006)0600)

(P6_TA(2006)0600)

6.33.   Sakharov Prize (vote)

(vote)

Motions for resolution B6-0665/2006 and B6-0666/2006

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 33)

(Voting record: ‘Results of votes’, Item 33)

MOTION FOR A RESOLUTION RC-B6-0665/2006

(replacing B6-0665/2006 and B6-0666/2006):

tabled by the following Members:

| | Edward McMillan-Scott, José Ignacio Salafranca Sánchez-Neyra, Gerardo Galeote and Bogusław Sonik, on behalf of the PPE-DE Group; |
| --- | --- |

Edward McMillan-Scott, José Ignacio Salafranca Sánchez-Neyra, Gerardo Galeote and Bogusław Sonik, on behalf of the PPE-DE Group;

| | Pasqualina Napoletano and Véronique De Keyser, on behalf of the PSE Group; |
| --- | --- |

Pasqualina Napoletano and Véronique De Keyser, on behalf of the PSE Group;

| | Annemie Neyts-Uyttebroeck, Marco Cappato and Marco Pannella, on behalf of the ALDE Group; |
| --- | --- |

Annemie Neyts-Uyttebroeck, Marco Cappato and Marco Pannella, on behalf of the ALDE Group;

| | Hélène Flautre, Raül Romeva i Rueda, Monica Frassoni and Daniel Cohn-Bendit, on behalf of the Verts/ALE Group; |
| --- | --- |

Hélène Flautre, Raül Romeva i Rueda, Monica Frassoni and Daniel Cohn-Bendit, on behalf of the Verts/ALE Group;

| | Vittorio Agnoletto, Gabriele Zimmer, Jens Holm, Erik Meijer and Luisa Morgantini, on behalf of the GUE/NGL Group; |
| --- | --- |

Vittorio Agnoletto, Gabriele Zimmer, Jens Holm, Erik Meijer and Luisa Morgantini, on behalf of the GUE/NGL Group;

| | Inese Vaidere, Michał Tomasz Kamiński, Adam Bielan, Gintaras Didžiokas and Ryszard Czarnecki, on behalf of the UEN Group |
| --- | --- |

Inese Vaidere, Michał Tomasz Kamiński, Adam Bielan, Gintaras Didžiokas and Ryszard Czarnecki, on behalf of the UEN Group

Adopted (P6_TA(2006)0601)

(P6_TA(2006)0601)

*

- *

Edward McMillan-Scott pointed out that Gao Zhisheng, a Chinese human rights lawyer, had very recently been tried and imprisoned.

6.34.   Data protection within the framework of police and judicial cooperation in criminal matters (vote)

(vote)

Report with a proposal for a European Parliament recommendation to the Council on the progress of the negotiations on the framework decision on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters [2006/2286(INI)] — Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Martine Roure (A6-0456/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 34)

(Voting record: ‘Results of votes’, Item 34)

PROPOSAL FOR A RECOMMENDATION

Adopted (P6_TA(2006)0602)

(P6_TA(2006)0602)

6.35.   A European strategy for sustainable, competitive and secure energy (vote)

(vote)

Report on a European strategy for sustainable, competitive and secure energy — Green Paper [2006/2113(INI)] — Committee on Industry, Research and Energy

Rapporteur: Eluned Morgan (A6-0426/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 35)

(Voting record: ‘Results of votes’, Item 35)

MOTION FOR A RESOLUTION

Adopted (P6_TA(2006)0603)

(P6_TA(2006)0603)

The following spoke on the vote:

The following spoke on the vote:

| — | Claude Turmes, who moved an oral amendment to amendment 10. |
| --- | --- |

—

Claude Turmes, who moved an oral amendment to amendment 10.

As more than 37 Members objected to the oral amendment, it was not incorporated.

6.36.   Biomass and Biofuels (vote)

(vote)

Report on a strategy for biomass and biofuels [2006/2082(INI)] — Committee on Industry, Research and Energy

Rapporteur: Werner Langen (A6-0347/2006).

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 36)

(Voting record: ‘Results of votes’, Item 36)

MOTION FOR A RESOLUTION

Adopted (P6_TA(2006)0604)

(P6_TA(2006)0604)

The following spoke:

The following spoke:

| — | Mechtild Rothe, on behalf of the PSE Group, who moved an oral amendment to paragraph 76, which was incorporated. |
| --- | --- |

—

Mechtild Rothe, on behalf of the PSE Group, who moved an oral amendment to paragraph 76, which was incorporated.

7.   Explanations of vote

Written explanations of vote:

Written explanations of vote:

Explanations of vote submitted in writing under Rule 163(3) appear in the Verbatim Report of Proceedings for the sitting.

Verbatim Report of Proceedings

Oral explanations of vote:

Oral explanations of vote:

Report: James Elles and Louis Grech — A6-0451/2006:

| — | Laima Liucija Andrikienė |
| --- | --- |

—

Laima Liucija Andrikienė

Report: Lissy Gröner and Amalia Sartori — A6-0455/2006:

| — | Zita Pleštinská |
| --- | --- |

—

Zita Pleštinská

Report: Jo Leinen — A6-0464/2006:

| — | Richard Corbett |
| --- | --- |

—

Richard Corbett

Report: Esko Seppänen — A6-0397/2006:

| — | Árpád Duka-Zólyomi |
| --- | --- |

—

Árpád Duka-Zólyomi

Report: Martine Roure — A6-0456/2006:

| — | Sarah Ludford, on behalf of the ALDE Group |
| --- | --- |

—

Sarah Ludford, on behalf of the ALDE Group

8.   Corrections to votes and voting intentions

Corrections to votes and voting intentions appear on the ‘Séance en direct’ website under ‘Votes’/‘Results of votes’/‘Roll-call votes’. They are published in hard copy in the ‘Result of roll-call votes’ annex.

The electronic version on Europarl will be regularly updated for a maximum of two weeks after the day of the vote concerned.

After the two-week deadline has passed, the list of corrections to votes and voting intentions will be finalised so that it can be translated and published in the Official Journal.

(The sitting was suspended at 13.00 and resumed at 15.00.)

(The sitting was suspended at 13.00 and resumed at 15.00.)

IN THE CHAIR: Janusz ONYSZKIEWICZ

Vice-President

9.   Approval of Minutes of previous sitting

The Minutes of the previous sitting were approved.

10.   Hague Convention on securities (debate)

(debate)

Oral question (O-0120/2006) by Pervenche Berès, Wolf Klinz, Enrique Barón Crespo, Monica Frassoni, Magda Kósáné Kovács, Louis Grech, Adeline Hazan, Alain Lipietz, Antolín Sánchez Presedo, Benoît Hamon, Rosa Miguélez Ramos, Bernard Poignant, Donata Gottardi, Catherine Trautmann, Gianni Pittella, Manfred Weber, Inés Ayala Sender, Jean Louis Cottigny, Jean-Luc Bennahmias, Marc Tarabella, Jean-Paul Gauzès, Kader Arif, Marie-Arlette Carlotti, Martine Roure, Nicola Zingaretti, Yannick Vaugrenard, Harlem Désir, Gilles Savary, Guy Bono, Janelly Fourtou, Rosa Díez González, Michel Rocard, Marie-Line Reynaud, Bernadette Vergnaud, Béatrice Patrie, Catherine Guy-Quint, Pierre Moscovici, Jean-Claude Fruteau and Csaba Sándor Tabajdi, to the Commission: Implications of signing the Hague Securities Convention (B6-0447/2006)

Pervenche Berès moved the oral question.

Jacques Barrot (Vice-President of the Commission) answered the oral question.

The following spoke: Jean-Paul Gauzès, on behalf of the PPE-DE Group, Antolín Sánchez Presedo, on behalf of the PSE Group, John Purvis, Marc Tarabella, Jacques Barrot and Pervenche Berès.

Motion for a resolution to wind up the debate tabled pursuant to Rule 108(5):

| — | Pervenche Berès, Wolf Klinz, Monica Frassoni, Magda Kósáné Kovács, Adeline Hazan, Alain Lipietz, Antolín Sánchez Presedo, Benoît Hamon, Rosa Miguélez Ramos, Bernard Poignant, Catherine Trautmann, Henri Weber, Inés Ayala Sender, Jean Louis Cottigny, Jean-Luc Bennahmias, Marc Tarabella, Jean-Paul Gauzès, Kader Arif, Marie-Arlette Carlotti, Martine Roure, Yannick Vaugrenard, Harlem Désir, Gilles Savary, Guy Bono, Janelly Fourtou, Marie-Line Reynaud, Bernadette Vergnaud, Catherine Guy-Quint, Pierre Moscovici, Jean-Claude Fruteau, Csaba Sándor Tabajdi, Françoise Castex, Anne Ferreira, Robert Navarro, Brigitte Douay, Bernadette Bourzai, Alain Hutchinson, Sérgio Sousa Pinto, Alejandro Cercas, Maria Badia i Cutchet, Ignasi Guardans Cambó and Michel Rocard on the implications of signing the Hague Securities Convention (B6-0632/2006) |
| --- | --- |

—

Pervenche Berès, Wolf Klinz, Monica Frassoni, Magda Kósáné Kovács, Adeline Hazan, Alain Lipietz, Antolín Sánchez Presedo, Benoît Hamon, Rosa Miguélez Ramos, Bernard Poignant, Catherine Trautmann, Henri Weber, Inés Ayala Sender, Jean Louis Cottigny, Jean-Luc Bennahmias, Marc Tarabella, Jean-Paul Gauzès, Kader Arif, Marie-Arlette Carlotti, Martine Roure, Yannick Vaugrenard, Harlem Désir, Gilles Savary, Guy Bono, Janelly Fourtou, Marie-Line Reynaud, Bernadette Vergnaud, Catherine Guy-Quint, Pierre Moscovici, Jean-Claude Fruteau, Csaba Sándor Tabajdi, Françoise Castex, Anne Ferreira, Robert Navarro, Brigitte Douay, Bernadette Bourzai, Alain Hutchinson, Sérgio Sousa Pinto, Alejandro Cercas, Maria Badia i Cutchet, Ignasi Guardans Cambó and Michel Rocard on the implications of signing the Hague Securities Convention (B6-0632/2006)

The debate closed.

Vote: Minutes of 14.12.2006, Item 14.4.

Minutes of 14.12.2006, Item 14.4

11.   Debate on cases of breaches of human rights, democracy and the rule of law (debate)

(debate)

(For the titles and authors of the motions for resolutions, see Minutes of 12.12.2006, Item 2)

(For the titles and authors of the motions for resolutions, see Minutes of 12.12.2006, Item 2)

11.1.   Fiji

Motions for resolution B6-0646/2006, B6-0649/2006, B6-0652/2006, B6-0660/2006, B6-0662/2006 and B6-0663/2006

Justas Vincas Paleckis, Nirj Deva, Tobias Pflüger, Raül Romeva i Rueda, Adam Bielan and István Szent-Iványi introduced motions for resolutions.

The following spoke: Bernd Posselt, on behalf of the PPE-DE Group, Józef Pinior, on behalf of the PSE Group, Marcin Libicki, on behalf of the UEN Group, Michael Gahler and Jacques Barrot (Vice-President of the Commission).

The debate closed.

Vote: Minutes of 14.12.2006, Item 12.1.

Minutes of 14.12.2006, Item 12.1

11.2.   Implication of the UN forces in sexual abuses in Liberia and in Haiti

Motions for resolution B6-0648/2006, B6-0653/2006, B6-0654/2006, B6-0656/2006 and B6-0659/2006

José Javier Pomés Ruiz, Ilda Figueiredo, Marek Aleksander Czarnecki, Miguel Angel Martínez Martínez and Raül Romeva i Rueda introduced motions for resolutions.

IN THE CHAIR: Gérard ONESTA

Vice-President

The following spoke: Michael Gahler, on behalf of the PPE-DE Group, Karin Scheele, on behalf of the PSE Group, Marios Matsakis, on behalf of the ALDE Group, Urszula Krupa, on behalf of the IND/DEM Group, Józef Pinior, Kathy Sinnott and Jacques Barrot (Vice-President of the Commission).

The debate closed.

Vote: Minutes of 14.12.2006, Item 12.2.

Minutes of 14.12.2006, Item 12.2

11.3.   Burma

Motions for resolution B6-0647/2006, B6-0651/2006, B6-0655/2006, B6-0657/2006, B6-0658/2006 and B6-0661/2006

Thomas Mann, Erik Meijer, Marc Tarabella, Marios Matsakis and Alyn Smith introduced motions for resolutions.

The following spoke: Bernd Posselt, Lidia Joanna Geringer de Oedenberg and Jacques Barrot (Vice-President of the Commission).

The debate closed.

Vote: Minutes of 14.12.2006, Item 12.3.

Minutes of 14.12.2006, Item 12.3

12.   Voting time

Details of voting (amendments, separate and split votes, etc.) appear in the ‘Results of votes’ annex to the Minutes.

12.1.   Fiji (vote)

(vote)

Motions for resolution B6-0646/2006, B6-0649/2006, B6-0652/2006, B6-0660/2006, B6-0662/2006 and B6-0663/2006

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 37)

(Voting record: ‘Results of votes’, Item 37)

MOTION FOR A RESOLUTION RC-B6-0646/2006

(replacing B6-0646/2006, B6-0649/2006, B6-0660/2006, B6-0662/2006 and B6-0663/2006):

tabled by the following Members:

| | Nirj Deva, Geoffrey Van Orden, Bernd Posselt, Charles Tannock, on behalf of the PPE-DE Group, |
| --- | --- |

Nirj Deva, Geoffrey Van Orden, Bernd Posselt, Charles Tannock, on behalf of the PPE-DE Group,

| | Pasqualina Napoletano, Miguel Angel Martínez Martínez, Marie-Arlette Carlotti, Panagiotis Beglitis, on behalf of the PSE Group, |
| --- | --- |

Pasqualina Napoletano, Miguel Angel Martínez Martínez, Marie-Arlette Carlotti, Panagiotis Beglitis, on behalf of the PSE Group,

| | István Szent-Iványi, Marios Matsakis, on behalf of the ALDE Group, |
| --- | --- |

István Szent-Iványi, Marios Matsakis, on behalf of the ALDE Group,

| | Margrete Auken, Marie-Hélène Aubert, on behalf of the Verts/ALE Group, |
| --- | --- |

Margrete Auken, Marie-Hélène Aubert, on behalf of the Verts/ALE Group,

| | Adam Bielan, Mieczysław Edmund Janowski, Michał Tomasz Kamiński, Marcin Libicki, Roberts Zīle, Hanna Foltyn-Kubicka, on behalf of the UEN Group |
| --- | --- |

Adam Bielan, Mieczysław Edmund Janowski, Michał Tomasz Kamiński, Marcin Libicki, Roberts Zīle, Hanna Foltyn-Kubicka, on behalf of the UEN Group

Adopted (P6_TA(2006)0605)

(P6_TA(2006)0605)

(Motion for a resolution B6-0652/2006 fell.)

12.2.   Implication of the UN forces in sexual abuses in Liberia and in Haiti (vote)

(vote)

Motions for resolution B6-0648/2006, B6-0653/2006, B6-0654/2006, B6-0656/2006 and B6-0659/2006

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 38)

(Voting record: ‘Results of votes’, Item 38)

MOTION FOR A RESOLUTION RC-B6-0648/2006

(replacing B6-0648/2006, B6-0653/2006, B6-0654/2006, B6-0656/2006 and B6-0659/2006):

tabled by the following Members:

| | Michael Gahler, Maria Martens, José Javier Pomés Ruiz, Bernd Posselt and Charles Tannock, on behalf of the PPE-DE Group, |
| --- | --- |

Michael Gahler, Maria Martens, José Javier Pomés Ruiz, Bernd Posselt and Charles Tannock, on behalf of the PPE-DE Group,

| | Pasqualina Napoletano, Elena Valenciano Martínez-Orozco, Miguel Angel Martínez Martínez, Marie-Arlette Carlotti, María Sornosa Martínez and Pierre Schapira, on behalf of the PSE Group, |
| --- | --- |

Pasqualina Napoletano, Elena Valenciano Martínez-Orozco, Miguel Angel Martínez Martínez, Marie-Arlette Carlotti, María Sornosa Martínez and Pierre Schapira, on behalf of the PSE Group,

| | Marios Matsakis, on behalf of the ALDE Group, |
| --- | --- |

Marios Matsakis, on behalf of the ALDE Group,

| | Raül Romeva i Rueda, Marie-Hélène Aubert, Margrete Auken and Hiltrud Breyer, on behalf of the Verts/ALE Group, |
| --- | --- |

Raül Romeva i Rueda, Marie-Hélène Aubert, Margrete Auken and Hiltrud Breyer, on behalf of the Verts/ALE Group,

| | Luisa Morgantini and Ilda Figueiredo, on behalf of the GUE/NGL Group, |
| --- | --- |

Luisa Morgantini and Ilda Figueiredo, on behalf of the GUE/NGL Group,

| | Cristiana Muscardini, Roberta Angelilli, Michał Tomasz Kamiński, Adam Bielan, Hanna Foltyn-Kubicka, Marcin Libicki and Mieczysław Edmund Janowski, on behalf of the UEN Group |
| --- | --- |

Cristiana Muscardini, Roberta Angelilli, Michał Tomasz Kamiński, Adam Bielan, Hanna Foltyn-Kubicka, Marcin Libicki and Mieczysław Edmund Janowski, on behalf of the UEN Group

Adopted (P6_TA(2006)0606)

(P6_TA(2006)0606)

12.3.   Burma (vote)

(vote)

Motions for resolution B6-0647/2006, B6-0651/2006, B6-0655/2006, B6-0657/2006, B6-0658/2006 and B6-0661/2006

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 39)

(Voting record: ‘Results of votes’, Item 39)

MOTION FOR A RESOLUTION RC-B6-0647/2006

(replacing B6-0647/2006, B6-0651/2006, B6-0655/2006, B6-0657/2006, B6-0658/2006 and B6-0661/2006):

tabled by the following Members:

| | Geoffrey Van Orden, Thomas Mann, Bernd Posselt, Charles Tannock and Simon Coveney, on behalf of the PPE-DE Group, |
| --- | --- |

Geoffrey Van Orden, Thomas Mann, Bernd Posselt, Charles Tannock and Simon Coveney, on behalf of the PPE-DE Group,

| | Pasqualina Napoletano, Glenys Kinnock and Marc Tarabella, on behalf of the PSE Group, |
| --- | --- |

Pasqualina Napoletano, Glenys Kinnock and Marc Tarabella, on behalf of the PSE Group,

| | Frédérique Ries and Marios Matsakis, on behalf of the ALDE Group, |
| --- | --- |

Frédérique Ries and Marios Matsakis, on behalf of the ALDE Group,

| | Raül Romeva i Rueda, on behalf of the Verts/ALE Group, |
| --- | --- |

Raül Romeva i Rueda, on behalf of the Verts/ALE Group,

| | Vittorio Agnoletto and Luisa Morgantini, on behalf of the GUE/NGL Group, |
| --- | --- |

Vittorio Agnoletto and Luisa Morgantini, on behalf of the GUE/NGL Group,

| | Gintaras Didžiokas, on behalf of the UEN Group |
| --- | --- |

Gintaras Didžiokas, on behalf of the UEN Group

Adopted (P6_TA(2006)0607)

(P6_TA(2006)0607)

12.4.   Hague Convention on securities (vote)

(vote)

Motion for a resolution B6-0632/2006

(Simple majority)

(Simple majority)

(Voting record: ‘Results of votes’, Item 40)

(Voting record: ‘Results of votes’, Item 40)

MOTION FOR A RESOLUTION

Adopted (P6_TA(2006)0608)

(P6_TA(2006)0608)

13.   Membership of committees and delegations

At the request of the secretariat of the Non-attached Members and the PSE Group, Parliament ratified the following appointments:

Temporary Committee on the alleged use of European countries by the CIA for the transport and illegal detention of prisoners: Jean-Claude Martinez to replace Philip Claeys

Delegation for relations with the People's Republic of China: Philippe Busquin to replace Guido Sacconi

Delegation to the EU-Russia Parliamentary Cooperation Committee: Guido Sacconi to replace Philippe Busquin

14.   Verification of credentials

On a proposal by the JURI Committee, Parliament had decided to validate the mandate of Christel Schaldemose with effect from 15.10.2006.

15.   Decisions concerning certain documents

Enhanced cooperation between committees

Enhanced cooperation between committees

ENVI Committee

| — | The placing of plant protection products on the market (COM(2006)0388 — C6-0245/2006 — 2006/0136(COD))
  (opinion: ITRE, IMCO)
  Enhanced cooperation between committees ENVI, AGRI
  (Following the Conference of Presidents' decision of 07.12.2006) |
| --- | --- |

—

The placing of plant protection products on the market (COM(2006)0388 — C6-0245/2006 — 2006/0136(COD))

(opinion: ITRE, IMCO)

Enhanced cooperation between committees ENVI, AGRI

(Following the Conference of Presidents' decision of 07.12.2006)

Authorisation to draw up own-initiative reports (Rule 45)

Authorisation to draw up own-initiative reports (Rule 45)

DEVE Committee

| — | The Horn of Africa: an EU regional political partnership for peace, security and development (2006/2291(INI))
  (opinion: AFET, INTA)
  (Following the Conference of Presidents' decision of 07.12.2006) |
| --- | --- |

—

The Horn of Africa: an EU regional political partnership for peace, security and development (2006/2291(INI))

(opinion: AFET, INTA)

(Following the Conference of Presidents' decision of 07.12.2006)

ENVI Committee

| — | Thematic Strategy for Soil Protection (2006/2293(INI))
  (opinion: AGRI, ITRE, JURI)
  (Following the Conference of Presidents' decision of 07.12.2006) |
| --- | --- |

—

Thematic Strategy for Soil Protection (2006/2293(INI))

(opinion: AGRI, ITRE, JURI)

(Following the Conference of Presidents' decision of 07.12.2006)

INTA Committee

| — | Global Europe — External aspects of competitiveness (2006/2292(INI))
  (opinion: ITRE, ECON)
  (Following the Conference of Presidents' decision of 07.12.2006) |
| --- | --- |

—

Global Europe — External aspects of competitiveness (2006/2292(INI))

(opinion: ITRE, ECON)

(Following the Conference of Presidents' decision of 07.12.2006)

TRAN Committee

| — | Towards a future Maritime Policy for the Union: A European Vision for the Oceans and Seas (2006/2299(INI))
  (opinion: PECH, ENVI, ITRE, REGI)
  (Following the Conference of Presidents' decision of 07.12.2006) |
| --- | --- |

—

Towards a future Maritime Policy for the Union: A European Vision for the Oceans and Seas (2006/2299(INI))

(opinion: PECH, ENVI, ITRE, REGI)

(Following the Conference of Presidents' decision of 07.12.2006)

Decision to draw up own-initiative reports (Rule 82(4))

Decision to draw up own-initiative reports (Rule 82(4))

AFET Committee

| — | Report on FYROM's 2006 progress report (2006/2289(INI)) |
| --- | --- |

—

Report on FYROM's 2006 progress report (2006/2289(INI))

| — | Report on Croatia's 2006 progress report (2006/2288(INI)) |
| --- | --- |

—

Report on Croatia's 2006 progress report (2006/2288(INI))

Decision to draw up own-initiative reports (Rule 114(3))

Decision to draw up own-initiative reports (Rule 114(3))

LIBE Committee

| — | This title is not currently available in all languages. Protection des données dans le cadre de la coopération policière en matière pénale (2006/2286(INI)) |
| --- | --- |

—

This title is not currently available in all languages. Protection des données dans le cadre de la coopération policière en matière pénale (2006/2286(INI))

16.   Written declarations entered in the register (Rule 116)

(Rule 116)

Number of signatures obtained by the written declarations entered in the register (Rule 116(3)):

| Document number | Author | Signatures |
| --- | --- | --- |
| 64/2006 | Robert Evans, Paulo Casaca, David Martin, Sajjad Karim and Carl Schlyter | 57 |
| 65/2006 | Renato Brunetta | 40 |
| 66/2006 | Oldřich Vlasák | 29 |
| 67/2006 | Mary Honeyball, John Bowis and Caroline Lucas | 50 |
| 68/2006 | Manolis Mavrommatis, Vasco Graça Moura and José Albino Silva Peneda | 97 |
| 69/2006 | Aldo Patriciello | 11 |
| 70/2006 | Alessandra Mussolini and Carlo Casini | 23 |
| 71/2006 | Luca Romagnoli | 29 |
| 72/2006 | Milan Gaľa, Barbara Kudrycka, Zita Pleštinská and Peter Šťastný | 69 |
| 73/2006 | Mario Borghezio | 10 |
| 74/2006 | Manuel dos Santos, Fausto Correia, Jamila Madeira and Emanuel Fernandes | 20 |
| 75/2006 | Sepp Kusstatscher, Eva Lichtenberger, Alexander Alvaro, Lissy Gröner and Thomas Mann | 36 |
| 76/2006 | Andreas Mölzer | 19 |
| 77/2006 | Andreas Mölzer | 9 |
| 78/2006 | Bogusław Rogalski, Bogdan Pęk and Ryszard Czarnecki | 16 |
| 79/2006 | Milan Horáček, Simon Coveney and Christa Prets | 92 |
| 80/2006 | Michael Cashman, Andrew Duff and Richard Howitt | 25 |
| 81/2006 | Alessandra Mussolini | 5 |
| 82/2006 | Stanisław Jałowiecki | 43 |
| 83/2006 | Philip Claeys, Frank Vanhecke and Koenraad Dillen | 9 |
| 84/2006 | Catherine Stihler | 30 |
| 85/2006 | Jacky Henin, Marco Rizzo and Helmuth Markov | 7 |
| 86/2006 | Adriana Poli Bortone | 9 |
| 87/2006 | Jolanta Dičkutė, John Bowis, Stephen Hughes, Frédérique Ries and Thomas Ulmer | 51 |
| 88/2006 | Daniel Strož | 9 |
| 89/2006 | Ignasi Guardans Cambó, Panayiotis Demetriou, Ana Maria Gomes, Gérard Onesta and Sylvia-Yvonne Kaufmann | 35 |
| 90/2006 | Caroline Lucas, Jillian Evans, Luigi Cocilovo and Jean Lambert | 21 |
| 91/2006 | Daniel Strož | 8 |

Document number

Author

Signatures

64/2006

Robert Evans, Paulo Casaca, David Martin, Sajjad Karim and Carl Schlyter

57

65/2006

Renato Brunetta

40

66/2006

Oldřich Vlasák

29

67/2006

Mary Honeyball, John Bowis and Caroline Lucas

50

68/2006

Manolis Mavrommatis, Vasco Graça Moura and José Albino Silva Peneda

97

69/2006

Aldo Patriciello

11

70/2006

Alessandra Mussolini and Carlo Casini

23

71/2006

Luca Romagnoli

29

72/2006

Milan Gaľa, Barbara Kudrycka, Zita Pleštinská and Peter Šťastný

69

73/2006

Mario Borghezio

10

74/2006

Manuel dos Santos, Fausto Correia, Jamila Madeira and Emanuel Fernandes

20

75/2006

Sepp Kusstatscher, Eva Lichtenberger, Alexander Alvaro, Lissy Gröner and Thomas Mann

36

76/2006

Andreas Mölzer

19

77/2006

Andreas Mölzer

9

78/2006

Bogusław Rogalski, Bogdan Pęk and Ryszard Czarnecki

16

79/2006

Milan Horáček, Simon Coveney and Christa Prets

92

80/2006

Michael Cashman, Andrew Duff and Richard Howitt

25

81/2006

Alessandra Mussolini

5

82/2006

Stanisław Jałowiecki

43

83/2006

Philip Claeys, Frank Vanhecke and Koenraad Dillen

9

84/2006

Catherine Stihler

30

85/2006

Jacky Henin, Marco Rizzo and Helmuth Markov

7

86/2006

Adriana Poli Bortone

9

87/2006

Jolanta Dičkutė, John Bowis, Stephen Hughes, Frédérique Ries and Thomas Ulmer

51

88/2006

Daniel Strož

9

89/2006

Ignasi Guardans Cambó, Panayiotis Demetriou, Ana Maria Gomes, Gérard Onesta and Sylvia-Yvonne Kaufmann

35

90/2006

Caroline Lucas, Jillian Evans, Luigi Cocilovo and Jean Lambert

21

91/2006

Daniel Strož

8

17.   Forwarding of texts adopted during the sitting

Pursuant to Rule 172(2), the Minutes of that day's sitting would be submitted to Parliament for its approval at the beginning of the next sitting.

With Parliament's agreement, the texts that had been adopted would be forwarded forthwith to the bodies named therein.

18.   Dates for next sittings

The next sitting would be held on 18.12.2006.

19.   Adjournment of session

The session of the European Parliament was adjourned.

The sitting closed at 16.35.

Julian Priestley

Secretary-General

Josep Borrell Fontelles

President

---

ATTENDANCE REGISTER

The following signed:

Agnoletto, Aita, Albertini, Allister, Andrejevs, Andria, Andrikienė, Angelilli, Antoniozzi, Arif, Arnaoutakis, Ashworth, Atkins, Attwooll, Aubert, Audy, Auken, Ayala Sender, Aylward, Ayuso, Bachelot-Narquin, Baco, Badia i Cutchet, Barsi-Pataky, Batten, Battilocchio, Batzeli, Bauer, Beaupuy, Beazley, Becsey, Beer, Belder, Belet, Belohorská, Bennahmias, Berend, Berès, van den Berg, Berger, Berlato, Berlinguer, Berman, Bielan, Blokland, Bobošíková, Böge, Bösch, Bonde, Bonsignore, Borghezio, Borrell Fontelles, Bourzai, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Breyer, Březina, Brie, Brok, Budreikaitė, van Buitenen, Buitenweg, Bullmann, Bushill-Matthews, Busquin, Busuttil, Buzek, Calabuig Rull, Callanan, Camre, Capoulas Santos, Carlotti, Carlshamre, Carnero González, Casa, Casaca, Cashman, Casini, Caspary, Castex, Castiglione, del Castillo Vera, Catania, Cavada, Cederschiöld, Cercas, Chatzimarkakis, Chichester, Chiesa, Chmielewski, Christensen, Chruszcz, Claeys, Clark, Cocilovo, Coelho, Cohn-Bendit, Corbey, Cornillet, Correia, Costa, Cottigny, Coûteaux, Cramer, Crowley, Marek Aleksander Czarnecki, Ryszard Czarnecki, Daul, Davies, De Blasio, de Brún, Degutis, Dehaene, De Keyser, Demetriou, De Michelis, Deprez, De Rossa, De Sarnez, Descamps, Désir, Deß, Deva, De Veyrac, De Vits, Díaz de Mera García Consuegra, Dičkutė, Didžiokas, Díez González, Dillen, Dobolyi, Dombrovskis, Doorn, Douay, Dover, Doyle, Drčar Murko, Duchoň, Dührkop Dührkop, Duff, Duka-Zólyomi, Ebner, Ehler, Ek, Elles, Estrela, Ettl, Jill Evans, Jonathan Evans, Fajmon, Farage, Fatuzzo, Fava, Fazakas, Ferber, Fernandes, Fernández Martín, Anne Ferreira, Elisa Ferreira, Figueiredo, Fjellner, Flasarová, Flautre, Florenz, Foltyn-Kubicka, Fontaine, Fourtou, Fraga Estévez, Frassoni, Freitas, Fruteau, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, García Pérez, Garriga Polledo, Gauzès, Gawronski, Gebhardt, Gentvilas, Geremek, Geringer de Oedenberg, Gewalt, Gibault, Giertych, Gill, Glante, Glattfelder, Goebbels, Goepel, Gollnisch, Gomes, Gomolka, Goudin, Grabowska, Grabowski, Graça Moura, Graefe zu Baringdorf, Gräßle, de Grandes Pascual, Grech, Griesbeck, de Groen-Kouwenhoven, Groote, Grosch, Grossetête, Gruber, Guardans Cambó, Guellec, Guerreiro, Gurmai, Gutiérrez-Cortines, Guy-Quint, Gyürk, Hänsch, Hall, Hammerstein, Hamon, Handzlik, Hannan, Harbour, Harkin, Harms, Hassi, Hatzidakis, Haug, Hazan, Heaton-Harris, Hedh, Hedkvist Petersen, Helmer, Henin, Hennicot-Schoepges, Hennis-Plasschaert, Herczog, Herranz García, Hieronymi, Higgins, Hökmark, Holm, Honeyball, Hoppenstedt, Horáček, Hudacký, Hudghton, Hughes, Hutchinson, Hybášková, Ibrisagic, in 't Veld, Isler Béguin, Itälä, Iturgaiz Angulo, Jackson, Jäätteenmäki, Jałowiecki, Janowski, Járóka, Jarzembowski, Jeggle, Jensen, Jöns, Jørgensen, Jordan Cizelj, Juknevičienė, Kaczmarek, Kallenbach, Kamall, Kamiński, Karas, Kasoulides, Kaufmann, Kauppi, Tunne Kelam, Kindermann, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kósáné Kovács, Koterec, Krahmer, Kratsa-Tsagaropoulou, Kreissl-Dörfler, Kristovskis, Krupa, Kuc, Kudrycka, Kuhne, Kułakowski, Kušķis, Kusstatscher, Kuźmiuk, Lagendijk, Lambert, Lambrinidis, Lambsdorff, Landsbergis, Lang, Langen, Langendries, Laperrouze, La Russa, Lauk, Lax, Lechner, Le Foll, Lehne, Leichtfried, Marine Le Pen, Le Rachinel, Lévai, Lewandowski, Liberadzki, Libicki, Lichtenberger, Lienemann, Liese, Liotard, Lipietz, Lombardo, Louis, Lucas, Ludford, Lulling, Lundgren, Lynne, Maat, Maaten, McAvan, McCarthy, McDonald, McMillan-Scott, Madeira, Maldeikis, Manders, Maňka, Erika Mann, Thomas Mann, Mantovani, David Martin, Hans-Peter Martin, Martinez, Martínez Martínez, Masiel, Maštálka, Mastenbroek, Mathieu, Mato Adrover, Matsakis, Matsouka, Mauro, Mavrommatis, Mayer, Mayor Oreja, Medina Ortega, Meijer, Méndez de Vigo, Menéndez del Valle, Meyer Pleite, Miguélez Ramos, Mikolášik, Millán Mon, Mitchell, Mohácsi, Moreno Sánchez, Morgan, Morillon, Moscovici, Mote, Mulder, Musacchio, Muscardini, Muscat, Musotto, Mussolini, Myller, Napoletano, Nassauer, Nattrass, Navarro, Newton Dunn, van Nistelrooij, Novak, Obiols i Germà, Achille Occhetto, Özdemir, Olajos, Olbrycht, Ó Neachtain, Onesta, Onyszkiewicz, Oomen-Ruijten, Őry, Oviir, Paasilinna, Pack, Pafilis, Pahor, Paleckis, Panayotopoulos-Cassiotou, Panzeri, Papadimoulis, Papastamkos, Parish, Patrie, Peillon, Pęk, Pflüger, Piecyk, Pieper, Pīks, Pinheiro, Pinior, Piotrowski, Pirker, Piskorski, Pittella, Pleguezuelos Aguilar, Pleštinská, Podestà, Podkański, Poignant, Polfer, Pomés Ruiz, Portas, Posdorf, Posselt, Prets, Prodi, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Ransdorf, Rapkay, Remek, Resetarits, Reul, Reynaud, Riera Madurell, Ries, Riis-Jørgensen, Rocard, Rogalski, Roithová, Romagnoli, Romeva i Rueda, Rosati, Roszkowski, Roth-Behrendt, Rothe, Rouček, Roure, Rudi Ubeda, Rübig, Rühle, Rutowicz, Ryan, Sacconi, Saïfi, Sakalas, Saks, Salinas García, Samaras, Sánchez Presedo, dos Santos, Sartori, Savary, Savi, Sbarbati, Schaldemose, Schapira, Scheele, Schenardi, Schierhuber, Schlyter, Olle Schmidt, Schnellhardt, Schöpflin, Schroedter, Schuth, Schwab, Seeber, Seeberg, Segelström, Seppänen, Siekierski, Silva Peneda, Simpson, Sinnott, Siwiec, Skinner, Škottová, Smith, Sommer, Sonik, Sornosa Martínez, Spautz, Staes, Staniszewska, Starkevičiūtė, Šťastný, Stauner, Sterckx, Stevenson, Stihler, Stockmann, Strejček, Strož, Stubb, Sturdy, Sudre, Susta, Svensson, Swoboda, Szájer, Szejna, Szent-Iványi, Szymański, Tajani, Takkula, Tannock, Tarabella, Tarand, Thomsen, Thyssen, Titley, Toia, Tomczak, Toubon, Toussas, Trakatellis, Trautmann, Triantaphyllides, Trüpel, Turmes, Tzampazi, Ulmer, Väyrynen, Vakalis, Van Hecke, Van Lancker, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vaugrenard, Veraldi, Vergnaud, Vidal-Quadras, de Villiers, Vincenzi, Virrankoski, Vlasák, Vlasto, Voggenhuber, Wagenknecht, Wallis, Walter, Henri Weber, Manfred Weber, Weiler, Weisgerber, Westlund, Whittaker, Wieland, Wiersma, Wijkman, Willmott, Wise, von Wogau, Bernard Piotr Wojciechowski, Janusz Wojciechowski, Wortmann-Kool, Wurtz, Yañez-Barnuevo García, Záborská, Zahradil, Zaleski, Zapałowski, Zappalà, Zatloukal, Ždanoka, Železný, Zimmer, Zingaretti, Zvěřina, Zwiefka

Observers:

Athanasiu, Bărbuleţiu, Becşenescu, Buruiană-Aprodu, Ciornei, Cioroianu, Coşea, Corina Creţu, Gabriela Creţu, Duca, Ganţ, Hogea, Ivanova, Kirilov, Kónya-Hamar, Mihăescu, Mihalache, Morţun, Parvanova, Paşcu, Podgorean, Popa, Popeangă, Sârbu, Severin, Silaghi, Stoyanov, Ţicău, Vigenin

---

ANNEX I

RESULTS OF VOTES

Abbreviations and symbols

| + | adopted |
| --- | --- |
| - | rejected |
| ↓ | lapsed |
| W | withdrawn |
| RCV (..., ..., ...) | roll-call vote (in favour, against, abstentions) |
| EV (..., ..., ...) | electronic vote (in favour, against, abstentions) |
| split | split vote |
| sep | separate vote |
| am | amendment |
| CA | compromise amendment |
| CP | corresponding part |
| D | deleting amendment |
| = | identical amendments |
| § | paragraph |
| art | article |
| rec | recital |
| MOT | motion for a resolution |
| JT MOT | joint motion for a resolution |
| SEC | secret ballot |

+

adopted

-

rejected

↓

lapsed

W

withdrawn

RCV (..., ..., ...)

roll-call vote (in favour, against, abstentions)

EV (..., ..., ...)

electronic vote (in favour, against, abstentions)

split

split vote

sep

separate vote

am

amendment

CA

compromise amendment

CP

corresponding part

D

deleting amendment

=

identical amendments

§

paragraph

art

article

rec

recital

MOT

motion for a resolution

JT MOT

joint motion for a resolution

SEC

secret ballot

1.   Draft general budget of the European Union — 2007, amended by the Council

| Am No | Budget line | Block, RCV, EC, sep, split | Vote | EV/RCV — comments |
| --- | --- | --- | --- | --- |
| COMMISSION |
| 277 | 01 04 04 | Block 1 | + | |
| 3 | 02 01 04 01 | Block 1 |
| 4 | 02 01 04 05 | Block 1 |
| 278 | 02 02 01 | Block 1 |
| 6 | 02 02 03 04 | Block 1 |
| 7 | 02 02 05 | Block 1 |
| 8 | 02 02 09 | Block 1 |
| 9 | 02 02 10 | Block 1 |
| 10 | 02 03 02 01 | Block 1 |
| 279 | 02 04 01 | Block 1 |
| 15 | 04 02 03 | Block 1 |
| 16 | 04 02 04 | Block 1 |
| 17 | 04 02 05 | Block 1 |
| 18 | 04 02 06 | Block 1 |
| 19 | 04 02 07 | Block 1 |
| 20 | 04 02 08 | Block 1 |
| 21 | 04 02 09 | Block 1 |
| 22 | 04 02 10 | Block 1 |
| 23 | 04 02 11 | Block 1 |
| 281 | 04 02 17 | Block 1 |
| 282 | 04 03 03 02 | Block 1 |
| 283 | 04 03 04 | Block 1 |
| 28 | 04 03 05 | Block 1 |
| 29 | 04 03 06 | Block 1 |
| 30 | 04 04 | Block 1 |
| 36 | 04 04 01 06 | Block 1 |
| 284 | 04 04 02 01 | Block 1 |
| 38 | 04 04 03 01 | Block 1 |
| 39 | 04 04 04 02 | Block 1 |
| 43 | 06 02 01 01 | Block 1 |
| 44 | 06 02 02 01 | Block 1 |
| 45 | 06 02 03 | Block 1 |
| 46 | 06 02 04 01 | Block 1 |
| 47 | 06 02 04 02 | Block 1 |
| 285 | 06 02 06 | Block 1 |
| 49 | 06 02 07 | Block 1 |
| 50 | 06 02 08 01 | Block 1 |
| 51 | 06 02 09 01 | Block 1 |
| 52 | 06 02 10 | Block 1 |
| 53 | 06 03 01 | Block 1 |
| 56 | 06 04 01 | Block 1 |
| 60 | 06 07 02 | Block 1 |
| 72 | 08 | Block 1 |
| 73 | 08 01 04 30 | Block 1 |
| 288 | 08 02 01 | Block 1 |
| 289 | 08 03 01 | Block 1 | |
| 290 | 08 04 01 | Block 1 |
| 291 | 08 05 01 | Block 1 |
| 292 | 08 13 01 | Block 1 |
| 84 | 09 01 04 01 | Block 1 |
| 293 | 09 01 04 02 | Block 1 |
| 294 | 09 01 04 03 | Block 1 |
| 87 | 09 02 03 01 | Block 1 |
| 88 | 09 03 03 | Block 1 |
| 89 | 09 03 04 01 | Block 1 |
| 90 | 09 03 04 02 | Block 1 |
| 295 | 09 04 01 | Block 1 |
| 92 | 09 04 03 02 | Block 1 |
| 119 | 12 01 04 01 | Block 1 |
| 121 | 13 03 | Block 1 |
| 122 | 13 03 03 | Block 1 |
| 123 | 13 03 04 | Block 1 |
| 124 | 13 03 05 | Block 1 |
| 125 | 13 03 06 | Block 1 |
| 126 | 13 03 07 | Block 1 |
| 127 | 13 03 08 | Block 1 |
| 128 | 13 03 09 | Block 1 |
| 296 | 13 03 16 | Block 1 |
| 132 | 14 04 02 | Block 1 |
| 297 | 14 05 03 | Block 1 | |
| 135 | 15 02 02 05 | Block 1 |
| 137 | 15 02 09 | Block 1 |
| 298 | 15 02 22 | Block 1 |
| 139 | 15 02 25 01 | Block 1 |
| 141 | 15 02 28 | Block 1 |
| 142 | 15 02 29 | Block 1 |
| 253 | 29 01 04 01 | Block 1 |
| 41 | 05 04 03 02 | Block 1 |
| 64 | 07 03 02 | Block 1 |
| 65 | 07 03 03 | Block 1 |
| 66 | 07 03 04 | Block 1 |
| 67 | 07 03 06 | Block 1 |
| 287 | 07 03 07 | Block 1 |
| 69 | 07 03 08 | Block 1 |
| 70 | 07 03 09 01 | Block 1 |
| 71 | 07 03 11 | Block 1 |
| 113 | 11 01 04 01 | Block 1 |
| 114 | 11 01 04 02 | Block 1 |
| 115 | 11 01 04 06 | Block 1 |
| 116 | 11 07 01 | Block 1 |
| 117 | 11 08 01 | Block 1 |
| 118 | 11 08 05 01 | Block 1 |
| 62 | 07 01 04 02 | Block 1 |
| 134 | 15 01 04 20 | Block 1 |
| 143 | 15 04 09 | Block 1 |
| 299 | 15 04 44 | Block 1 |
| 300 | 15 05 55 | Block 1 |
| 148 | 15 06 07 | Block 1 |
| 301 | 15 06 66 | Block 1 |
| 302 | 16 03 02 | Block 1 |
| 152 | 16 03 04 | Block 1 |
| 153 | 16 03 05 | Block 1 |
| 154 | 16 03 06 | Block 1 |
| 303 | 16 04 03 | Block 1 |
| 304 | 16 05 01 | Block 1 |
| 157 | 17 03 01 01 | Block 1 |
| 158 | 17 03 03 01 | Block 1 |
| 159 | 17 03 06 | Block 1 |
| 163 | 17 04 08 01 | Block 1 |
| 164 | 18 01 04 17 | Block 1 |
| 165 | 18 02 03 01 | Block 1 |
| 166 | 18 02 04 | Block 1 |
| 167 | 18 02 05 | Block 1 |
| 305 | 18 02 06 | Block 1 |
| 307 | 18 03 09 | Block 1 |
| 172 | 18 03 10 | Block 1 |
| 173 | 18 03 12 | Block 1 |
| 174 | 18 04 01 | Block 1 |
| 175 | 18 04 05 01 | Block 1 |
| 308 | 18 04 05 03 | Block 1 |
| 177 | 18 04 06 | Block 1 |
| 178 | 18 04 07 | Block 1 |
| 179 | 18 05 05 01 | Block 1 |
| 180 | 18 06 04 01 | Block 1 |
| 181 | 18 07 01 01 | Block 1 |
| 309 | 18 07 03 | Block 1 |
| 235 | 22 01 04 06 | Block 1 |
| 240 | 22 03 01 | Block 1 |
| 1 | 01 03 02 | Block 1 |
| 280 | 04 01 04 13 | Block 1 |
| 63 | 07 02 01 | Block 1 |
| 120 | 13 01 04 02 | Block 1 |
| 136 | 15 02 03 | Block 1 |
| 140 | 15 02 27 01 | Block 1 |
| 186 | 19 01 04 05 | Block 1 |
| 187 | 19 02 01 03 | Block 1 |
| 190 | 19 04 04 | Block 1 |
| 313 | 19 04 06 | Block 1 |
| 314 | 19 05 01 | Block 1 |
| 192 | 19 05 03 | Block 1 |
| 193 | 19 08 | Block 1 |
| 194 | 19 08 02 01 | Block 1 |
| 195 | 19 09 | Block 1 |
| 197 | 19 10 | Block 1 | | |
| 200 | 19 10 01 03 | Block 1 |
| 201 | 19 10 01 04 | Block 1 |
| 321 | 19 10 02 | Block 1 |
| 222 | 21 01 04 02 | Block 1 |
| 224 | 21 04 04 | Block 1 |
| 225 | 21 04 05 | Block 1 |
| 226 | 21 04 06 | Block 1 |
| 326 | 21 05 01 | Block 1 |
| 228 | 21 06 | Block 1 |
| 229 | 21 06 02 | Block 1 |
| 230 | 21 06 03 | Block 1 |
| 327 | 21 06 04 | Block 1 |
| 233 | 22 01 04 02 | Block 1 |
| 234 | 22 01 04 04 | Block 1 |
| 236 | 22 02 01 | Block 1 |
| 328 | 22 02 02 | Block 1 |
| 237 | Block 1 |
| 239 | 22 02 05 02 | Block 1 |
| 242 | 23 01 04 01 | Block 1 |
| 244 | 23 02 02 | Block 1 |
| 331 | XX 01 01 01 | Block 1 |
| 260 | XX 01 02 01 02 | Block 1 |
| 261 | XX 01 02 02 02 | Block 1 |
| 262 | XX 01 02 11 | Block 1 |
| 263 | XX 01 02 11 05 | Block 1 |
| 264 | XX 01 03 01 03 | Block 1 |
| 13 | 04 01 02 11 | Block 1 |
| 61 | 07 01 02 11 | Block 1 |
| 245 | 24 01 06 | Block 1 |
| 246 | 26 01 08 | Block 1 |
| 247 | 26 01 20 | Block 1 |
| 248 | 26 01 21 | Block 1 |
| 249 | 26 01 22 01 | Block 1 |
| 250 | 26 01 23 01 | Block 1 |
| 330 | 28 01 01 | Block 1 |
| 255 | A4 02 01 | Block 1 |
| 251 | 26 01 50 23 | Block 1 |
| 256 | PARTC-3-3 | Block 1 |
| 257 | PARTC-3-6 | Block 1 |
| 258 | PARTC-3-7 | Block 1 |
| 286 | 06 03 03 | split | 1 | + | |
| 2 | + | |
| 57 | 06 04 03 03 | split | 1 | + | |
| 2 | + | |
| 42 | 05 04 05 01 | split | 1 | + | |
| 2 | + | |
| 170 | 18 03 04 | split | 1 | + | |
| 2 | + | |
| 306 | 18 03 03 | split | 1 | + | |
| 2/AN | | 257, 288, 13 |
| 311 | 19 01 04 03 | Block 2 | + | |
| 315 | 19 08 01 01 | Block 2 |
| 316 | 19 08 01 02 | Block 2 |
| 317 | 19 08 01 03 | Block 2 |
| 318 | 19 09 01 | Block 2 |
| 319 | 19 10 01 | Block 2 |
| 320 | 19 10 01 02 | Block 2 |
| 323 | 20 02 01 | Block 2 |
| 325 | 21 03 01 | Block 2 |
| 329 | 22 02 03 | Block 2 |
| 269 | 19 01 04 03 | Block 3 | ↓ | |
| 270 | 19 08 01 01 | Block 3 |
| 267 | 19 08 01 02 | Block 3 |
| 271 | 19 08 01 03 | Block 3 |
| 272 | 19 09 01 | Block 3 |
| 274 | 19 10 01 | Block 3 |
| 275 | 19 10 01 02 | Block 3 |
| 273 | 20 02 01 | Block 3 |
| 276 | 21 03 01 | Block 3 |
| 238 | 22 02 03 | | | |
| 312 | 19 03 | split | 1 | + | |
| 2 | | |
| 310 | 19 01 02 02 | split | 1 | + | |
| 2 | + | |
| 322 | 20 01 02 11 | split | 1 | + | |
| 2/AN | | 324, 226, 7 |

Am No

Budget line

Block, RCV, EC, sep, split

Vote

EV/RCV — comments

COMMISSION

277

01 04 04

Block 1

+

3

02 01 04 01

Block 1

4

02 01 04 05

Block 1

278

02 02 01

Block 1

6

02 02 03 04

Block 1

7

02 02 05

Block 1

8

02 02 09

Block 1

9

02 02 10

Block 1

10

02 03 02 01

Block 1

279

02 04 01

Block 1

15

04 02 03

Block 1

16

04 02 04

Block 1

17

04 02 05

Block 1

18

04 02 06

Block 1

19

04 02 07

Block 1

20

04 02 08

Block 1

21

04 02 09

Block 1

22

04 02 10

Block 1

23

04 02 11

Block 1

281

04 02 17

Block 1

282

04 03 03 02

Block 1

283

04 03 04

Block 1

28

04 03 05

Block 1

29

04 03 06

Block 1

30

04 04

Block 1

36

04 04 01 06

Block 1

284

04 04 02 01

Block 1

38

04 04 03 01

Block 1

39

04 04 04 02

Block 1

43

06 02 01 01

Block 1

44

06 02 02 01

Block 1

45

06 02 03

Block 1

46

06 02 04 01

Block 1

47

06 02 04 02

Block 1

285

06 02 06

Block 1

49

06 02 07

Block 1

50

06 02 08 01

Block 1

51

06 02 09 01

Block 1

52

06 02 10

Block 1

53

06 03 01

Block 1

56

06 04 01

Block 1

60

06 07 02

Block 1

72

08

Block 1

73

08 01 04 30

Block 1

288

08 02 01

Block 1

289

08 03 01

Block 1

290

08 04 01

Block 1

291

08 05 01

Block 1

292

08 13 01

Block 1

84

09 01 04 01

Block 1

293

09 01 04 02

Block 1

294

09 01 04 03

Block 1

87

09 02 03 01

Block 1

88

09 03 03

Block 1

89

09 03 04 01

Block 1

90

09 03 04 02

Block 1

295

09 04 01

Block 1

92

09 04 03 02

Block 1

119

12 01 04 01

Block 1

121

13 03

Block 1

122

13 03 03

Block 1

123

13 03 04

Block 1

124

13 03 05

Block 1

125

13 03 06

Block 1

126

13 03 07

Block 1

127

13 03 08

Block 1

128

13 03 09

Block 1

296

13 03 16

Block 1

132

14 04 02

Block 1

297

14 05 03

Block 1

135

15 02 02 05

Block 1

137

15 02 09

Block 1

298

15 02 22

Block 1

139

15 02 25 01

Block 1

141

15 02 28

Block 1

142

15 02 29

Block 1

253

29 01 04 01

Block 1

41

05 04 03 02

Block 1

64

07 03 02

Block 1

65

07 03 03

Block 1

66

07 03 04

Block 1

67

07 03 06

Block 1

287

07 03 07

Block 1

69

07 03 08

Block 1

70

07 03 09 01

Block 1

71

07 03 11

Block 1

113

11 01 04 01

Block 1

114

11 01 04 02

Block 1

115

11 01 04 06

Block 1

116

11 07 01

Block 1

117

11 08 01

Block 1

118

11 08 05 01

Block 1

62

07 01 04 02

Block 1

134

15 01 04 20

Block 1

143

15 04 09

Block 1

299

15 04 44

Block 1

300

15 05 55

Block 1

148

15 06 07

Block 1

301

15 06 66

Block 1

302

16 03 02

Block 1

152

16 03 04

Block 1

153

16 03 05

Block 1

154

16 03 06

Block 1

303

16 04 03

Block 1

304

16 05 01

Block 1

157

17 03 01 01

Block 1

158

17 03 03 01

Block 1

159

17 03 06

Block 1

163

17 04 08 01

Block 1

164

18 01 04 17

Block 1

165

18 02 03 01

Block 1

166

18 02 04

Block 1

167

18 02 05

Block 1

305

18 02 06

Block 1

307

18 03 09

Block 1

172

18 03 10

Block 1

173

18 03 12

Block 1

174

18 04 01

Block 1

175

18 04 05 01

Block 1

308

18 04 05 03

Block 1

177

18 04 06

Block 1

178

18 04 07

Block 1

179

18 05 05 01

Block 1

180

18 06 04 01

Block 1

181

18 07 01 01

Block 1

309

18 07 03

Block 1

235

22 01 04 06

Block 1

240

22 03 01

Block 1

1

01 03 02

Block 1

280

04 01 04 13

Block 1

63

07 02 01

Block 1

120

13 01 04 02

Block 1

136

15 02 03

Block 1

140

15 02 27 01

Block 1

186

19 01 04 05

Block 1

187

19 02 01 03

Block 1

190

19 04 04

Block 1

313

19 04 06

Block 1

314

19 05 01

Block 1

192

19 05 03

Block 1

193

19 08

Block 1

194

19 08 02 01

Block 1

195

19 09

Block 1

197

19 10

Block 1

200

19 10 01 03

Block 1

201

19 10 01 04

Block 1

321

19 10 02

Block 1

222

21 01 04 02

Block 1

224

21 04 04

Block 1

225

21 04 05

Block 1

226

21 04 06

Block 1

326

21 05 01

Block 1

228

21 06

Block 1

229

21 06 02

Block 1

230

21 06 03

Block 1

327

21 06 04

Block 1

233

22 01 04 02

Block 1

234

22 01 04 04

Block 1

236

22 02 01

Block 1

328

22 02 02

Block 1

237

Block 1

239

22 02 05 02

Block 1

242

23 01 04 01

Block 1

244

23 02 02

Block 1

331

XX 01 01 01

Block 1

260

XX 01 02 01 02

Block 1

261

XX 01 02 02 02

Block 1

262

XX 01 02 11

Block 1

263

XX 01 02 11 05

Block 1

264

XX 01 03 01 03

Block 1

13

04 01 02 11

Block 1

61

07 01 02 11

Block 1

245

24 01 06

Block 1

246

26 01 08

Block 1

247

26 01 20

Block 1

248

26 01 21

Block 1

249

26 01 22 01

Block 1

250

26 01 23 01

Block 1

330

28 01 01

Block 1

255

A4 02 01

Block 1

251

26 01 50 23

Block 1

256

PARTC-3-3

Block 1

257

PARTC-3-6

Block 1

258

PARTC-3-7

Block 1

286

06 03 03

split

1

+

2

+

57

06 04 03 03

split

1

+

2

+

42

05 04 05 01

split

1

+

2

+

170

18 03 04

split

1

+

2

+

306

18 03 03

split

1

+

2/AN

257, 288, 13

311

19 01 04 03

Block 2

+

315

19 08 01 01

Block 2

316

19 08 01 02

Block 2

317

19 08 01 03

Block 2

318

19 09 01

Block 2

319

19 10 01

Block 2

320

19 10 01 02

Block 2

323

20 02 01

Block 2

325

21 03 01

Block 2

329

22 02 03

Block 2

269

19 01 04 03

Block 3

↓

270

19 08 01 01

Block 3

267

19 08 01 02

Block 3

271

19 08 01 03

Block 3

272

19 09 01

Block 3

274

19 10 01

Block 3

275

19 10 01 02

Block 3

273

20 02 01

Block 3

276

21 03 01

Block 3

238

22 02 03

312

19 03

split

1

+

2

310

19 01 02 02

split

1

+

2

+

322

20 01 02 11

split

1

+

2/AN

324, 226, 7

| Am No | Budget line | Block, RCV, EC, sep, split | Vote | EV/RCV — comments |
| --- | --- | --- | --- | --- |
| COURT OF JUSTICE |
| 97 | 1 2 | Block 4 | + | |
| 100 | Block 4 |
| 102 | 1 2 0 4 | Block 4 |
| 104 | 1 2 9 | Block 4 |
| 110 | 1 4 0 6 | Block 4 |
| 203 | 2 0 2 2 | Block 4 |
| 205 | 2 0 2 6 | Block 4 |
| 207 | 2 0 2 9 | Block 4 |
| 208 | 2 1 0 0 | Block 4 |
| 210 | Block 4 |
| 211 | 2 1 0 2 | Block 4 |
| 212 | 2 1 0 3 | Block 4 |
| 214 | 2 1 4 | Block 4 |
| 216 | 2 3 6 | Block 4 |

Am No

Budget line

Block, RCV, EC, sep, split

Vote

EV/RCV — comments

COURT OF JUSTICE

97

1 2

Block 4

+

100

Block 4

102

1 2 0 4

Block 4

104

1 2 9

Block 4

110

1 4 0 6

Block 4

203

2 0 2 2

Block 4

205

2 0 2 6

Block 4

207

2 0 2 9

Block 4

208

2 1 0 0

Block 4

210

Block 4

211

2 1 0 2

Block 4

212

2 1 0 3

Block 4

214

2 1 4

Block 4

216

2 3 6

Block 4

| Am No | Budget line | Block, RCV, EC, sep, split | Vote | EV/RCV — comments |
| --- | --- | --- | --- | --- |
| COURT OF AUDITORS |
| 101 | 1 2 | Block 5 | + | |
| 106 | 1 2 9 | Block 5 |
| 108 | 1 4 0 0 | Block 5 |
| 111 | 1 6 2 | Block 5 |
| 209 | 2 1 0 0 | Block 5 |

Am No

Budget line

Block, RCV, EC, sep, split

Vote

EV/RCV — comments

COURT OF AUDITORS

101

1 2

Block 5

+

106

1 2 9

Block 5

108

1 4 0 0

Block 5

111

1 6 2

Block 5

209

2 1 0 0

Block 5

| Am No | Budget line | Block, RCV, EC, sep, split | Vote | EV/RCV — comments |
| --- | --- | --- | --- | --- |
| EUROPEAN ECONOMIC AND SOCIAL COMMITTEE |
| 98 | 1 2 | Block 6 | + | |
| 109 | 1 4 0 0 | Block 6 |
| 204 | 2 0 2 2 | Block 6 |
| 206 | 2 0 2 6 | Block 6 |
| 213 | 2 1 2 | Block 6 |
| 217 | 2 5 4 8 | Block 6 |
| 218 | 2 6 0 4 | Block 6 |

Am No

Budget line

Block, RCV, EC, sep, split

Vote

EV/RCV — comments

EUROPEAN ECONOMIC AND SOCIAL COMMITTEE

98

1 2

Block 6

+

109

1 4 0 0

Block 6

204

2 0 2 2

Block 6

206

2 0 2 6

Block 6

213

2 1 2

Block 6

217

2 5 4 8

Block 6

218

2 6 0 4

Block 6

| Am No | Budget line | Block, RCV, EC, sep, split | Vote | EV/RCV — comments |
| --- | --- | --- | --- | --- |
| COMMITTEE OF THE REGIONS |
| 99 | 1 2 | Block 7 | + | |
| 103 | 1 2 0 4 | Block 7 |
| 105 | 1 2 9 | Block 7 |
| 112 | 1 6 3 8 | Block 7 |

Am No

Budget line

Block, RCV, EC, sep, split

Vote

EV/RCV — comments

COMMITTEE OF THE REGIONS

99

1 2

Block 7

+

103

1 2 0 4

Block 7

105

1 2 9

Block 7

112

1 6 3 8

Block 7

| Am No | Budget line | Block, RCV, EC, sep, split | Vote | EV/RCV — comments |
| --- | --- | --- | --- | --- |
| EUROPEAN OMBUDSMAN |
| 215 | 2 3 1 | | + | |

Am No

Budget line

Block, RCV, EC, sep, split

Vote

EV/RCV — comments

EUROPEAN OMBUDSMAN

215

2 3 1

+

| Am No | Budget line | Block, RCV, EC, sep, split | Vote | EV/RCV — comments |
| --- | --- | --- | --- | --- |
| EUROPEAN DATA PROTECTION SUPERVISOR |
| 107 | 1 3 0 | Block 8 | + | |
| 94 | 1 0 4 | Block 8 |
| 95 | 1 0 9 | Block 8 |
| 96 | 1 1 | Block 8 |

Am No

Budget line

Block, RCV, EC, sep, split

Vote

EV/RCV — comments

EUROPEAN DATA PROTECTION SUPERVISOR

107

1 3 0

Block 8

+

94

1 0 4

Block 8

95

1 0 9

Block 8

96

1 1

Block 8

Requests for split votes

Verts/ALE

Heading 4 — Option B (Block 3)

First part: text of all amendments excluding all reserves

Second part: all reserves

am 42

First part: text as a whole excluding the reserve and the corresponding remarks

Second part: reserve and corresponding remarks

am 312

First part: text as a whole without the remark ‘Therefore ... 50 % ... decision-making process’

Second part: that remark

am 310

First part: text as a whole excluding the reserve

Second part: reserve

PSE

am 286

First part: text as a whole without the remark ‘Part of the appropriation ... Baltic Sea and Northern Dimension’

Second part: that remark

am 57

First part: text as a whole without the remark ‘Part of the appropriation ... Baltic Sea and Northern Dimension’

Second part: that remark

am 170

First part: text as a whole without the last indent of the remark ‘logistical and transport costs’

Second part:‘logistical and transport costs’

Verts/ALE, PSE

am 322

First part: text as a whole excluding the reserve

Second part: reserve

am 306

First part: text as a whole excluding the reserve

Second part: reserve

2.   Draft general budget for 2007, amended by the Council (all sections)

Report: James ELLES, Louis GRECH (A6-0451/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 1 | § | original text | split | | |
| 1 | + | |
| 2 | + | |
| After § 1 | 3 | GUE/NGL | | - | |
| 4 | GUE/NGL | | - | |
| § 4 | § | original text | RCV | + | 516, 19, 13 |
| § 8 | 9 | PPE-DE | split | | |
| 1 | + | |
| 2 | - | 256, 276, 18 |
| § | original text | | ↓ | |
| § 9 | § | original text | split | | |
| 1 | + | |
| 2 | + | |
| § 10 | 10 | PPE-DE | | + | |
| § | original text | | ↓ | |
| § 11 | 11 | PPE-DE | | + | |
| § | original text | | ↓ | |
| § 13 | 5 | GUE/NGL | | - | |
| § | original text | split | | |
| 1 | + | |
| 2/RCV | + | 318, 236, 6 |
| § 15 | § | original text | sep | - | |
| § 16 | § | original text | split/RCV | | |
| 1 | + | 332, 227, 5 |
| 2 | + | 382, 165, 4 |
| After § 16 | 8 | PSE | | R | |
| § 17 | 6 | GUE/NGL | | - | |
| § | original text | split | | |
| 1 | + | |
| 2 | + | |
| § 26 | § | original text | split | | |
| 1 | + | |
| 2 | + | |
| After § 26 | 1 | IND/DEM | RCV | - | 89, 453, 22 |
| § 27 | § | original text | RCV | + | 487, 64, 8 |
| § 28 | § | original text | sep | + | |
| § 34 | § | original text | sep | + | |
| § 35 | § | original text | sep | + | |
| § 38 | § | original text | RCV | + | 515, 37, 8 |
| After § 38 | 7 | GUE/NGL | split | | |
| 1 | - | |
| 2 | - | |
| § 41 | § | original text | RCV | + | 551, 2, 11 |
| § 42 | § | original text | RCV | + | 522, 28, 10 |
| After § 44 | 2 | IND/DEM | split/RCV | | |
| 1 | - | 109, 407, 41 |
| 2 | ↓ | |
| Recital B | § | original text | sep | + | |
| Recital C | § | original text | sep | - | 249, 273, 35 |
| Recital D | § | original text | split | | |
| 1 | + | |
| 2 | + | |
| Recital F | § | original text | split | | |
| 1 | + | |
| 2/RCV | - | 249, 299, 15 |
| vote: resolution (as a whole) | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 1

§

original text

split

1

+

2

+

After § 1

3

GUE/NGL

-

4

GUE/NGL

-

§ 4

§

original text

RCV

+

516, 19, 13

§ 8

9

PPE-DE

split

1

+

2

-

256, 276, 18

§

original text

↓

§ 9

§

original text

split

1

+

2

+

§ 10

10

PPE-DE

+

§

original text

↓

§ 11

11

PPE-DE

+

§

original text

↓

§ 13

5

GUE/NGL

-

§

original text

split

1

+

2/RCV

+

318, 236, 6

§ 15

§

original text

sep

-

§ 16

§

original text

split/RCV

1

+

332, 227, 5

2

+

382, 165, 4

After § 16

8

PSE

R

§ 17

6

GUE/NGL

-

§

original text

split

1

+

2

+

§ 26

§

original text

split

1

+

2

+

After § 26

1

IND/DEM

RCV

-

89, 453, 22

§ 27

§

original text

RCV

+

487, 64, 8

§ 28

§

original text

sep

+

§ 34

§

original text

sep

+

§ 35

§

original text

sep

+

§ 38

§

original text

RCV

+

515, 37, 8

After § 38

7

GUE/NGL

split

1

-

2

-

§ 41

§

original text

RCV

+

551, 2, 11

§ 42

§

original text

RCV

+

522, 28, 10

After § 44

2

IND/DEM

split/RCV

1

-

109, 407, 41

2

↓

Recital B

§

original text

sep

+

Recital C

§

original text

sep

-

249, 273, 35

Recital D

§

original text

split

1

+

2

+

Recital F

§

original text

split

1

+

2/RCV

-

249, 299, 15

vote: resolution (as a whole)

+

Requests for roll-call votes

IND/DEM: ams 1 and 2

PSE: § 16

PPE-DE: §§ 4, 8, 27, 38, 41 and 42

Requests for separate votes

Verts/ALE: recitals C and D, §§ 11, 15, 27 and 35

PSE: recital B, §§ 28, 34 and 35

Requests for split votes

ALDE, Verts/ALE

am 9

First part: text as a whole without the words ‘considers that the approach ... budgetary procedures’

Second part: those words

Verts/ALE

§ 9

First part:‘recalls ... budgetary amendments’

Second part: remainder

§ 16

First part:‘Considers ... functioning NGOs’

Second part: remainder

§ 26

First part: text as a whole without the words ‘rejects the cuts ... second reading’

Second part: those words

am 2

First part:‘Instructs ... actual costs’

Second part: remainder

PSE

recital D

First part:‘whereas ... globalisation’

Second part: remainder

recital F

First part: text as a whole without the words ‘on preparing for the review of the MFF’

Second part: those words

§ 1

First part:‘recalls ... 5 and 6’

Second part: remainder

Verts/ALE, PSE

§ 13

First part:‘reiterates ... globalisation’

Second part: remainder

§ 17

First part:‘considers ... citizens of Europe’

Second part: remainder

am 7

First part:‘Does not ... CFSP’

Second part: remainder

3.   Procedure for prior examination and consultation in respect of certain provisions concerning transport proposed in Member States (codified version) ***I

Report: Diana WALLIS (A6-0458/2006)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

4.   Elimination of controls at the frontiers of Member States (road and inland waterway transport) (codified version) ***I

Report: Diana WALLIS (A6-0459/2006)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

5.   Transmission of data subject to statistical confidentiality (codified version) ***I

Report: Diana WALLIS (A6-0457/2006)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

6.   Submission of nominal catch statistics by Member States fishing in the North-East Atlantic (codified version) ***I

Report: Diana WALLIS (A6-0460/2006)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

7.   Community criteria for the eradication and monitoring of certain animal diseases (codified version) *

Report: Diana WALLIS (A6-0461/2006)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

8.   Agreement between the EC and Paraguay on certain aspects of air services *

Report: Paolo COSTA (A6-0406/2006)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

9.   R&D activities in the domain of intelligent manufacturing systems (EU-Australia Agreement, Canada, Norway, Switzerland, Korea, Japan and the USA) *

Report: Giles CHICHESTER (A6-0418/2006)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

10.   Direct support schemes under CAP; the COM for sugars; restructuring of the sugar industry; owing to the accession of Bulgaria and Romania to the EU *

Report: Joseph DAUL (A6-0412/2006)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | RCV | + | 513, 14, 22 |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

RCV

+

513, 14, 22

Requests for roll-call votes

PPE-DE: final vote

11.   Drugs prevention and information (2007-2013) ***I

Report: Inger SEGELSTRÖM (A6-0454/2006)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | RCV | + | 528, 16, 8 |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

RCV

+

528, 16, 8

Requests for roll-call votes

PPE-DE: final vote

12.   Civil justice (2007-2013) ***I

Report: Inger SEGELSTRÖM (A6-0452/2006)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | RCV | + | 486, 61, 3 |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

RCV

+

486, 61, 3

Requests for roll-call votes

PPE-DE: final vote

13.   Creation of the European Refugee Fund (2008-2013) ***I

Report: Barbara KUDRYCKA (A6-0437/2006)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

14.   Double-hull or equivalent design requirements for single-hull oil tankers ***I

Report: Fernand LE RACHINEL (A6-0417/2006)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

15.   Creation of the European Fund for the Integration of Third-country Nationals (2007-2013) *

Report: Barbara KUDRYCKA (A6-0419/2006)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

16.   Prevention, preparedness and consequence management of terrorism (2007-2013) *

Report: Romano Maria LA RUSSA (A6-0390/2006)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

17.   Numerical composition of the Committees

Proposal for a decision: B6-0664/2006

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Proposal for a decision B6-0664/2006




  (Conference of Presidents) |
| TRAN Committee and
  FCO Committee | 1 | PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL, IND/DEM + UEN | | + | |
| vote: resolution (as a whole) | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Proposal for a decision B6-0664/2006

(Conference of Presidents)

TRAN Committee and

FCO Committee

1

PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL, IND/DEM + UEN

+

vote: resolution (as a whole)

+

18.   European Institute for Gender Equality ***II

Recommendation for second reading:

  (qualified majority)

Lissy GRÖNER, Amalia SARTORI (A6-0455/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Amendments by the Committee responsible — block vote | 1-15 | Committee | | + | |
| Common position | Declared approved as amended |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Amendments by the Committee responsible — block vote

1-15

Committee

+

Common position

Declared approved as amended

N.B.: There is no final vote at second reading.

19.   Driving licences ***II

Recommendation for second reading:

  (qualified majority)

Mathieu GROSCH (A6-0414/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Proposal to reject the Common position | 6 | BRADBOURN et al | RCV | - | 67, 483, 13 |
| Amendments by the Committee responsible — block vote | 1-5 | Committee | | + | |
| Common position | Declared approved as amended |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Proposal to reject the Common position

6

BRADBOURN et al

RCV

-

67, 483, 13

Amendments by the Committee responsible — block vote

1-5

Committee

+

Common position

Declared approved as amended

Requests for roll-call votes

Philip Bradbourn: am 6

20.   Amendment of Rule 81 of Parliament's Rules of Procedure, Implementing provisions

Report: Richard CORBETT (A6-0415/2006) REG

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Rule 81 | 1 | Committee | | + | qualified majority |
| 2 | PSE, Verts/ALE | | + | qualified majority |
| vote: proposal for a decision (as a whole) | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Rule 81

1

Committee

+

qualified majority

2

PSE, Verts/ALE

+

qualified majority

vote: proposal for a decision (as a whole)

+

21.   Amendment of the Rules of Procedure (committees, Quaestors)

Report: Jo LEINEN (A6-0464/2006) REG

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Amendments by the Committee responsible — block vote | 1-2 | Committee | EV | + | qualified majority


  374, 119, 68 |
| vote: resolution (as a whole) | RCV | + | 396, 112, 57 |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Amendments by the Committee responsible — block vote

1-2

Committee

EV

+

qualified majority

374, 119, 68

vote: resolution (as a whole)

RCV

+

396, 112, 57

Requests for roll-call votes

ALDE: final vote

22.   Creation of the External Borders Fund (2007-2013) ***I

Report: Barbara KUDRYCKA (A6-0427/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Amendment by the Committee responsible — text as a whole | 1 | Committee | | + | |
| Article 5, § 2, after subpara 1 | 2 | GUE/NGL | RCV | - | 83, 331, 146 |
| Article 6, § 2, subpara 2, point (a) | 3 | GUE/NGL | RCV | - | 70, 478, 16 |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Amendment by the Committee responsible — text as a whole

1

Committee

+

Article 5, § 2, after subpara 1

2

GUE/NGL

RCV

-

83, 331, 146

Article 6, § 2, subpara 2, point (a)

3

GUE/NGL

RCV

-

70, 478, 16

vote: amended proposal

+

vote: legislative resolution

+

Requests for roll-call votes

GUE/NGL: ams 2 and 3

23.   Creation of the European Return Fund (2008-2013) ***I

Report: Barbara KUDRYCKA (A6-0425/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Amendment by the Committee responsible — text as a whole | 1 | Committee | split | | |
| 1 | + | |
| 2 | - | 108, 440, 13 |
| After recital 21 | 3 | GUE/NGL | | ↓ | |
| 4 | GUE/NGL | | ↓ | |
| 5 | GUE/NGL | | ↓ | |
| Article 2, § 1 | 2 | GUE/NGL | RCV | - | 71, 343, 143 |
| Article 6, § 2, after point (d) | 6 | GUE/NGL | | - | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Amendment by the Committee responsible — text as a whole

1

Committee

split

1

+

2

-

108, 440, 13

After recital 21

3

GUE/NGL

↓

4

GUE/NGL

↓

5

GUE/NGL

↓

Article 2, § 1

2

GUE/NGL

RCV

-

71, 343, 143

Article 6, § 2, after point (d)

6

GUE/NGL

-

vote: amended proposal

+

vote: legislative resolution

+

Requests for roll-call votes

GUE/NGL: ams 2, 3 and 4

Requests for split votes

PPE-DE

am 1

First part: text as a whole without Article 54

Second part: Article 54

24.   Medicinal products for paediatric use ***I

Report: Françoise GROSSETÊTE (A6-0396/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Article 1 | 3 | PPE-DE, PSE, Verts/ALE, GUE/NGL, UEN, IND/DEM, Belohorská | | + | |
| Recital 1 | 1 | PPE-DE, PSE, Verts/ALE, GUE/NGL, UEN, IND/DEM, Belohorská | | + | |
| Recital 2 | 2 | PPE-DE, PSE, Verts/ALE, GUE/NGL, UEN, IND/DEM, Belohorská | | + | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Article 1

3

PPE-DE, PSE, Verts/ALE, GUE/NGL, UEN, IND/DEM, Belohorská

+

Recital 1

1

PPE-DE, PSE, Verts/ALE, GUE/NGL, UEN, IND/DEM, Belohorská

+

Recital 2

2

PPE-DE, PSE, Verts/ALE, GUE/NGL, UEN, IND/DEM, Belohorská

+

vote: amended proposal

+

vote: legislative resolution

+

25.   European Small Claims Procedure ***I

Report: Hans-Peter MAYER (A6-0387/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Block 1




  compromise package | 102-105
  107-129 | PPE-DE, ALDE, PSE, Verts/ALE | | + | oral amendment |
| Block 2 | 10
  12
  15
  17
  19
  23
  28-29
  35-36
  40
  47
  51
  55-56
  59
  64
  72
  89
  94-96
  99
  101 | Committee | | ↓ | |
| Block 3 | 1-9
  11
  13-14
  16
  18
  20-22
  24-27
  30-34
  37-39
  41-46
  48-50
  52-54
  57-58
  60-63
  65-71
  73-88
  90-93
  97-98
  100 | Committee | | + | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Block 1

compromise package

102-105

107-129

PPE-DE, ALDE, PSE, Verts/ALE

+

oral amendment

Block 2

10

12

15

17

19

23

28-29

35-36

40

47

51

55-56

59

64

72

89

94-96

99

101

Committee

↓

Block 3

1-9

11

13-14

16

18

20-22

24-27

30-34

37-39

41-46

48-50

52-54

57-58

60-63

65-71

73-88

90-93

97-98

100

Committee

+

vote: amended proposal

+

vote: legislative resolution

+

Amendment 106 had been cancelled.

Miscellaneous

Hans-Peter Mayer (rapporteur) moved the following oral amendment to block 1:

‘Article 15, paragraph 3 is deleted’

26.   Fundamental rights and citizenship (2007-2013) *

Report: Inger SEGELSTRÖM (A6-0465/2006)

Report: Inger SEGELSTRÖM (A6-0465/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Text as a whole | 1 | Committee | | + | |
| vote: amended proposal | RCV | + | 476, 41, 30 |
| vote: legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Text as a whole

1

Committee

Committee

+

vote: amended proposal

vote: amended proposal

RCV

+

476, 41, 30

vote: legislative resolution

vote: legislative resolution

+

Requests for roll-call votes

Requests for roll-call votes

IND/DEM: amended proposal

27.   Criminal justice (2007-2013) *

Report: Inger SEGELSTRÖM (A6-0453/2006)

Report: Inger SEGELSTRÖM (A6-0453/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Text as a whole | 1 | Committee | | + | |
| vote: amended proposal | RCV | + | 483, 54, 8 |
| vote: legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Text as a whole

1

Committee

Committee

+

vote: amended proposal

vote: amended proposal

RCV

+

483, 54, 8

vote: legislative resolution

vote: legislative resolution

+

Requests for roll-call votes

Requests for roll-call votes

IND/DEM: amended proposal

28.   Preventing and fighting crime (2007-2013) *

Report: Romano Maria LA RUSSA (A6-0389/2006)

Report: Romano Maria LA RUSSA (A6-0389/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Amendments by the Committee responsible — block vote | 1-25 | Committee | | + | |
| Article 5, § 1 | 26 | PSE | | + | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Amendments by the Committee responsible — block vote

Amendments by the Committee responsible — block vote

1-25

Committee

Committee

+

Article 5, § 1

26

PSE

+

vote: amended proposal

vote: amended proposal

+

vote: legislative resolution

vote: legislative resolution

+

29.   Development of the second generation Schengen Information System (SIS II) (regulation) *

Report: Carlos COELHO (A6-0410/2006)

Report: Carlos COELHO (A6-0410/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| vote: Commission proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

vote: Commission proposal

vote: Commission proposal

+

vote: legislative resolution

vote: legislative resolution

+

30.   Development of the second generation Schengen information System (SIS II) (decision) *

Report: Carlos COELHO (A6-0413/2006)

Report: Carlos COELHO (A6-0413/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| vote: Commission proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

vote: Commission proposal

vote: Commission proposal

+

vote: legislative resolution

vote: legislative resolution

+

31.   Nuclear Safety and Security Assistance *

Report: Esko SEPPÄNEN (A6-0397/2006)

Report: Esko SEPPÄNEN (A6-0397/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Amendments by the Committee responsible — block vote | 1
  3
  5-6
  8-11
  14-24
  26 | Committee | | + | |
| Amendments by the Committee responsible — separate vote | 2 | Committee | sep/EV | - | 234, 287, 4 |
| 4 | Committee | sep | + | |
| 7 | Committee | split | | |
| 1 | + | |
| 2 | + | |
| 12 | Committee | sep | - | |
| 25 | Committee | sep | + | oral amendment |
| Article 1, after § 1 | 27 | Verts/ALE | RCV | - | 250, 271, 9 |
| Article 2, point (a), indent 3 | 28 | Verts/ALE | | - | |
| 13 | Committee | | + | |
| vote: Council text | | + | |
| vote: legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Amendments by the Committee responsible — block vote

Amendments by the Committee responsible — block vote

1

3

5-6

8-11

14-24

26

Committee

Committee

+

Amendments by the Committee responsible — separate vote

Amendments by the Committee responsible — separate vote

2

Committee

Committee

sep/EV

-

234, 287, 4

4

Committee

Committee

sep

+

7

Committee

Committee

split

1

+

2

+

12

Committee

Committee

sep

-

25

Committee

Committee

sep

+

oral amendment

oral amendment

Article 1, after § 1

27

Verts/ALE

RCV

-

250, 271, 9

Article 2, point (a), indent 3

28

Verts/ALE

-

13

Committee

Committee

+

vote: Council text

vote: Council text

+

vote: legislative resolution

vote: legislative resolution

+

Requests for separate votes

Requests for separate votes

PPE-DE: ams 2 and 12

Verts/ALE: am 4

Requests for roll-call votes

Requests for roll-call votes

Verts/ALE: am 27

Requests for split votes

Requests for split votes

Verts/ALE

am 7

am 7

First part:‘It is understood ... over the installation’

First part:

Second part: remainder

Second part:

Miscellaneous

Miscellaneous

Esko Seppänen (rapporteur) moved an oral amendment to amendment 25, which now read as follows:

‘Article 20a

Financial reference amount

The financial reference amount for implementation of this Regulation for the period 2007-2013 shall be 524 million euro.

Annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.’

32.   Visas for crossing Member States' external borders *

Report: Ioannis VARVITSIOTIS (A6-0431/2006)

Report: Ioannis VARVITSIOTIS (A6-0431/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Amendments by the Committee responsible — block vote | 1-5 | Committee | | + | |
| Article 1, § 3, point (a) | 7 | GUE/NGL | | - | |
| Article 1, § 4, point (a) | 8 | GUE/NGL | | - | |
| Article 2 | 9 | GUE/NGL | | - | |
| Recital 2 | 6 | GUE/NGL | | - | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Amendments by the Committee responsible — block vote

Amendments by the Committee responsible — block vote

1-5

Committee

Committee

+

Article 1, § 3, point (a)

7

GUE/NGL

-

Article 1, § 4, point (a)

8

GUE/NGL

-

Article 2

9

GUE/NGL

-

Recital 2

6

GUE/NGL

-

vote: amended proposal

vote: amended proposal

+

vote: legislative resolution

vote: legislative resolution

+

33.   Sakharov Prize

Motions for resolutions: B6-0665/2006, B6-0666/2006

Motions for resolutions: B6-0665/2006, B6-0666/2006

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Joint motion for a resolution RC-B6-0665/2006




  (PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL + UEN) |
| vote: resolution (as a whole) | | + | |
| Motions for resolutions by political groups |
| B6-0665/2006 | | PPE-DE | | ↓ | |
| B6-0666/2006 | | PSE, ALDE, Verts/ALE, GUE/NGL, UEN | | ↓ | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

Joint motion for a resolution RC-B6-0665/2006

Joint motion for a resolution RC-B6-0665/2006

(PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL + UEN)

(PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL + UEN)

vote: resolution (as a whole)

vote: resolution (as a whole)

+

Motions for resolutions by political groups

Motions for resolutions by political groups

B6-0665/2006

PPE-DE

↓

B6-0666/2006

PSE, ALDE, Verts/ALE, GUE/NGL, UEN

↓

Miscellaneous

Miscellaneous

Bogusław Sonik had also signed the joint motion for a resolution on behalf of the PPE-DE Group.

34.   Data protection within the framework of police and judicial cooperation in criminal matters

Report: Martine ROURE (A6-0456/2006)

Report: Martine ROURE (A6-0456/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 3 | § | original text | sep/EV | + | 279, 226, 6 |
| § 5 | 1 | PPE-DE | | + | |
| vote: recommendation (as a whole) | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 3

§

original text

original text

sep/EV

+

279, 226, 6

§ 5

1

PPE-DE

+

vote: recommendation (as a whole)

vote: recommendation (as a whole)

+

Requests for separate votes

Requests for separate votes

PPE-DE: § 3

35.   A European strategy for sustainable, competitive and secure energy

Report: Eluned MORGAN (A6-0426/2006)

Report: Eluned MORGAN (A6-0426/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 1 | 11 | GUE/NGL | | - | |
| After § 1 | 9 | PPE-DE, UEN | RCV | - | 224, 228, 58 |
| § 3 | 10 | PPE-DE, UEN | EV | + | 291, 203, 15 |
| § 4, introductory part | 12 | Verts/ALE | | - | |
| § 4, point (a) | § | original text | split | | |
| 1 | + | |
| 2 | - | |
| § 4, point (b) | § | original text | split | | |
| 1 | + | |
| 2/EV | - | 229, 271, 7 |
| § 4, after point (f) | 1 | PSE | EV | + | 270, 233, 6 |
| § 5 | § | original text | split | | |
| 1 | - | |
| 2 | - | |
| § 8 | § | original text | sep | + | |
| After § 17 | 4 | UEN, PPE-DE | EV | - | 226, 249, 23 |
| § 18 | 13 | Verts/ALE | | + | |
| After § 25 | 14 | Verts/ALE | EV | + | 266, 227, 10 |
| § 29 | § | original text | sep | + | |
| § 37 | § | original text | split/RCV | | |
| 1 | + | 479, 16, 8 |
| 2 | + | 260, 236, 3 |
| § 46 | § | original text | sep | - | |
| After § 48 | 2 | PSE | | + | |
| § 64 | 5 | PPE-DE, ALDE, UEN | | + | |
| § 79 | 6 | PPE-DE, ALDE, UEN | | + | |
| § 83 | 7 | PPE-DE, UEN | | + | |
| § 94 | § | original text | split | | |
| 1 | + | |
| 2/EV | - | 208, 277, 3 |
| § 97 | § | original text | sep | + | |
| After § 97 | 15 | Verts/ALE | EV | + | 276, 207, 3 |
| § 98 | 3/rev2=
  17/rev2= | PSE
  PPE-DE, ALDE, UEN | | + | |
| § 102 | 8 | PPE-DE, UEN | | + | |
| § 114 | 16 | Verts/ALE | split | | |
| 1 | + | |
| 2 | - | |
| vote: resolution (as a whole) | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 1

11

GUE/NGL

-

After § 1

9

PPE-DE, UEN

RCV

-

224, 228, 58

§ 3

10

PPE-DE, UEN

EV

+

291, 203, 15

§ 4, introductory part

12

Verts/ALE

-

§ 4, point (a)

§

original text

original text

split

1

+

2

-

§ 4, point (b)

§

original text

original text

split

1

+

2/EV

-

229, 271, 7

§ 4, after point (f)

1

PSE

EV

+

270, 233, 6

§ 5

§

original text

original text

split

1

-

2

-

§ 8

§

original text

original text

sep

+

After § 17

4

UEN, PPE-DE

EV

-

226, 249, 23

§ 18

13

Verts/ALE

+

After § 25

14

Verts/ALE

EV

+

266, 227, 10

§ 29

§

original text

original text

sep

+

§ 37

§

original text

original text

split/RCV

1

+

479, 16, 8

2

+

260, 236, 3

§ 46

§

original text

original text

sep

-

After § 48

2

PSE

+

§ 64

5

PPE-DE, ALDE, UEN

+

§ 79

6

PPE-DE, ALDE, UEN

+

§ 83

7

PPE-DE, UEN

+

§ 94

§

original text

original text

split

1

+

2/EV

-

208, 277, 3

§ 97

§

original text

original text

sep

+

After § 97

15

Verts/ALE

EV

+

276, 207, 3

§ 98

3/rev2=

17/rev2=

PSE

PPE-DE, ALDE, UEN

+

§ 102

8

PPE-DE, UEN

+

§ 114

16

Verts/ALE

split

1

+

2

-

vote: resolution (as a whole)

vote: resolution (as a whole)

+

Requests for separate votes

Requests for separate votes

PSE: §§ 46, 97

ALDE: §§ 5 and 46

Verts/ALE: §§ 8, 29, 97

PPE-DE: § 5

Requests for roll-call votes

Requests for roll-call votes

ALDE: § 37

Verts/ALE Amendment 9 and § 37

Requests for split votes

Requests for split votes

PSE

§ 5

§ 5

First part:‘Recalls its abovementioned ... gas emission targets’;

First part:

Second part: remainder

Second part:

am 16

am 16

First part: text as a whole without the deletion of the words ‘the most “advanced”’

First part:

Second part: deletion of the words ‘the most “advanced”’

Second part:

Verts/ALE

§ 4, point (a)

§ 4, point (a)

First part: text as a whole without the words ‘the wide use of flexible mechanisms and’

First part:

Second part: those words

Second part:

§ 4, point (b)

§ 4, point (b)

First part:‘during the second ... energy consumption’

First part:

Second part: remainder

Second part:

PPE-DE

§ 37

§ 37

First part: text as a whole without the word ‘binding’

First part:

Second part: that word

Second part:

§ 94

§ 94

First part:‘Calls on the Commission ... capacity is limited’

First part:

Second part: remainder

Second part:

Miscellaneous

Miscellaneous

The rapporteur proposed that the text of amendment 9 should be inserted after paragraph 37.

36.   Biomass and Biofuels

Report: Werner LANGEN (A6-0347/2006)

Report: Werner LANGEN (A6-0347/2006)

| Subject | Am No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| After § 4 | 1 | IND/DEM | | - | |
| § 6 | 6 | Verts/ALE | | - | |
| § 9 | § | original text | sep | + | |
| § 10 | § | original text | split | | |
| 1 | + | |
| 2 | - | |
| § 11 | 7 | Verts/ALE | | - | |
| After § 15 | 14 | ALDE | | + | |
| § 24 | 21 | ALDE | | - | |
| § 26 | § | original text | split | | |
| 1 | + | |
| 2 | - | |
| § 29 | 8 | Verts/ALE | | - | |
| § 30 | § | original text | sep | + | |
| § 32 | 20 | ALDE | | + | |
| 9 | Verts/ALE | | ↓ | |
| § 35 | § | original text | split | | |
| 1 | + | |
| 2 | - | |
| § 45 | 17/rev | ALDE | | + | |
| 4 | PPE-DE | | ↓ | |
| After § 47 | 10 | Verts/ALE | split | | |
| 1 | - | |
| 2 | ↓ | |
| § 52 | § | original text | sep | + | |
| § 56 | 11 | Verts/ALE | | - | |
| After § 56 | 12 | Verts/ALE | EV | - | 102, 274, 6 |
| § 58 | § | original text | sep | - | |
| § 60 | 18 | ALDE | | + | |
| § | original text | | ↓ | |
| § 65 | § | original text | sep | + | |
| § 67 | 13 | Verts/ALE | | - | |
| § 68 | § | original text | sep | + | |
| § 70 | 23 | ALDE | | - | |
| § 73 | § | original text | split | | |
| 1 | + | |
| 2 | + | |
| § 76 | - | original text | | + | oral amendment |
| After § 77 | 24 | ALDE | | - | |
| 25 | ALDE | | + | |
| After § 80 | 2 | PPE-DE | | + | |
| 3 | PPE-DE | | + | |
| After citation 8 | 15 | ALDE | | + | |
| Recital C | § | original text | split | | |
| 1 | + | |
| 2 | + | |
| Recital E | 5 | Verts/ALE | | - | |
| Recital F | 19 | ALDE | | + | |
| Recital X | § | original text | sep | + | |
| Recital Y | § | original text | sep | + | |
| vote: resolution (as a whole) | | + | |

Subject

Am No

Author

RCV, etc.

Vote

RCV/EV — remarks

After § 4

1

IND/DEM

-

§ 6

6

Verts/ALE

-

§ 9

§

original text

original text

sep

+

§ 10

§

original text

original text

split

1

+

2

-

§ 11

7

Verts/ALE

-

After § 15

14

ALDE

+

§ 24

21

ALDE

-

§ 26

§

original text

original text

split

1

+

2

-

§ 29

8

Verts/ALE

-

§ 30

§

original text

original text

sep

+

§ 32

20

ALDE

+

9

Verts/ALE

↓

§ 35

§

original text

original text

split

1

+

2

-

§ 45

17/rev

ALDE

+

4

PPE-DE

↓

After § 47

10

Verts/ALE

split

1

-

2

↓

§ 52

§

original text

original text

sep

+

§ 56

11

Verts/ALE

-

After § 56

12

Verts/ALE

EV

-

102, 274, 6

§ 58

§

original text

original text

sep

-

§ 60

18

ALDE

+

§

original text

original text

↓

§ 65

§

original text

original text

sep

+

§ 67

13

Verts/ALE

-

§ 68

§

original text

original text

sep

+

§ 70

23

ALDE

-

§ 73

§

original text

original text

split

1

+

2

+

§ 76

-

original text

original text

+

oral amendment

oral amendment

After § 77

24

ALDE

-

25

ALDE

+

After § 80

2

PPE-DE

+

3

PPE-DE

+

After citation 8

15

ALDE

+

Recital C

§

original text

original text

split

1

+

2

+

Recital E

5

Verts/ALE

-

Recital F

19

ALDE

+

Recital X

§

original text

original text

sep

+

Recital Y

§

original text

original text

sep

+

vote: resolution (as a whole)

vote: resolution (as a whole)

+

Amendments 16 and 22 had been cancelled.

Requests for separate votes

Requests for separate votes

PSE: §§ 65, 68

Verts/ALE: recitals X and Y and §§ 9, 30, 52, 58, 65, 68

PPE-DE: § 60

Requests for split votes

Requests for split votes

PSE

am 10

am 10

First part: text as a whole without the words ‘30 %’ and ‘by 2020’

First part:

Second part: those words

Second part:

Verts/ALE

§ 26

§ 26

First part: expects ... to all Member States

First part:

Second part: remainder

Second part:

§ 73

§ 73

First part:‘is convinced ... should be supported by the European Union;’

First part:

Second part: remainder

Second part:

PPE-DE

recital C

recital C

First part: text as a whole without the words ‘hydrogen and’

First part:

Second part: those words

Second part:

§ 10

§ 10

First part: text as a whole without the words ‘hydrogen and’

First part:

Second part: those words

Second part:

§ 35

§ 35

First part:‘Endorses the Commission's intention ... large-scale implementation’

First part:

Second part: remainder

Second part:

Miscellaneous

Miscellaneous

Mechtild Rothe, on behalf of the PSE Group, moved the following oral amendment to paragraph 76:

| ‘76. | Calls on the Commission to present a proposal for a directive on heating and cooling from renewable energy sources
  as part of the energy package in 2007
  and recalls its resolution of 14 February 2006 with recommendations to the Commission on heating and cooling from renewable sources of energy.’ |
| --- | --- |

‘76.

Calls on the Commission to present a proposal for a directive on heating and cooling from renewable energy sources
  as part of the energy package in 2007
  and recalls its resolution of 14 February 2006 with recommendations to the Commission on heating and cooling from renewable sources of energy.’

37.   Fiji

Motions for resolutions: B6-0646/2006, B6-0649/2006, B6-0652/2006, B6-0660/2006, B6-0662/2006, B6-0663/2006

Motions for resolutions: B6-0646/2006, B6-0649/2006, B6-0652/2006, B6-0660/2006, B6-0662/2006, B6-0663/2006

| Subject | Am. No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Joint motion for a resolution RC-B6-0646/2006




  (PPE-DE, PSE, ALDE, Verts/ALE, UEN) |
| § 7 | 1 | PSE | | + | |
| After § 8 | 3 | GUE/NGL | | - | |
| § 9 | 2 | PSE | | + | |
| § | original text | | ↓ | |
| vote: resolution (as a whole) | | + | |
| Motions for resolutions by political groups |
| B6-0646/2006 | | PSE | | ↓ | |
| B6-0649/2006 | | PPE-DE | | ↓ | |
| B6-0652/2006 | | GUE/NGL | | ↓ | |
| B6-0660/2006 | | Verts/ALE | | ↓ | |
| B6-0662/2006 | | UEN | | ↓ | |
| B6-0663/2006 | | ALDE | | ↓ | |

Subject

Am. No

Author

RCV, etc.

Vote

RCV/EV — remarks

Joint motion for a resolution RC-B6-0646/2006

Joint motion for a resolution RC-B6-0646/2006

(PPE-DE, PSE, ALDE, Verts/ALE, UEN)

(PPE-DE, PSE, ALDE, Verts/ALE, UEN)

§ 7

1

PSE

+

After § 8

3

GUE/NGL

-

§ 9

2

PSE

+

§

original text

original text

↓

vote: resolution (as a whole)

vote: resolution (as a whole)

+

Motions for resolutions by political groups

Motions for resolutions by political groups

B6-0646/2006

PSE

↓

B6-0649/2006

PPE-DE

↓

B6-0652/2006

GUE/NGL

↓

B6-0660/2006

Verts/ALE

↓

B6-0662/2006

UEN

↓

B6-0663/2006

ALDE

↓

38.   Implication of the UN forces in sexual abuses in Liberia and in Haiti

Motions for resolutions: B6-0648/2006, B6-0653/2006, B6-0654/2006, B6-0656/2006, B6-0659/2006

Motions for resolutions: B6-0648/2006, B6-0653/2006, B6-0654/2006, B6-0656/2006, B6-0659/2006

| Subject | Am. No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Joint motion for a resolution RC-B6-0648/2006




  (PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL, UEN) |
| Recital A | 1D | ALDE | | - | |
| vote: resolution (as a whole) | | + | |
| Motions for resolutions by political groups |
| B6-0648/2006 | | PPE-DE | | ↓ | |
| B6-0653/2006 | | GUE/NGL | | ↓ | |
| B6-0654/2006 | | UEN | | ↓ | |
| B6-0656/2006 | | PSE | | ↓ | |
| B6-0659/2006 | | Verts/ALE | | ↓ | |

Subject

Am. No

Author

RCV, etc.

Vote

RCV/EV — remarks

Joint motion for a resolution RC-B6-0648/2006

Joint motion for a resolution RC-B6-0648/2006

(PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL, UEN)

(PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL, UEN)

Recital A

1D

ALDE

-

vote: resolution (as a whole)

vote: resolution (as a whole)

+

Motions for resolutions by political groups

Motions for resolutions by political groups

B6-0648/2006

PPE-DE

↓

B6-0653/2006

GUE/NGL

↓

B6-0654/2006

UEN

↓

B6-0656/2006

PSE

↓

B6-0659/2006

Verts/ALE

↓

39.   Burma

Motions for resolutions: B6-0647/2006, B6-0651/2006, B6-0655/2006, B6-0657/2006, B6-0658/2006, B6-0661/2006

Motions for resolutions: B6-0647/2006, B6-0651/2006, B6-0655/2006, B6-0657/2006, B6-0658/2006, B6-0661/2006

| Subject | Am. No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Joint motion for a resolution RC-B6-0647/2006




  (PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL, UEN) |
| vote: resolution (as a whole) | RCV | + | 65, 0, 0 |
| Motions for resolutions by political groups |
| B6-0647/2006 | | PPE-DE | | ↓ | |
| B6-0651/2006 | | GUE/NGL | | ↓ | |
| B6-0655/2006 | | PSE | | ↓ | |
| B6-0657/2006 | | ALDE | | ↓ | |
| B6-0658/2006 | | UEN | | ↓ | |
| B6-0661/2006 | | Verts/ALE | | | |

Subject

Am. No

Author

RCV, etc.

Vote

RCV/EV — remarks

Joint motion for a resolution RC-B6-0647/2006

Joint motion for a resolution RC-B6-0647/2006

(PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL, UEN)

(PPE-DE, PSE, ALDE, Verts/ALE, GUE/NGL, UEN)

vote: resolution (as a whole)

vote: resolution (as a whole)

RCV

+

65, 0, 0

Motions for resolutions by political groups

Motions for resolutions by political groups

B6-0647/2006

PPE-DE

↓

B6-0651/2006

GUE/NGL

↓

B6-0655/2006

PSE

↓

B6-0657/2006

ALDE

↓

B6-0658/2006

UEN

↓

B6-0661/2006

Verts/ALE

Requests for roll-call votes

Requests for roll-call votes

PPE-DE: final vote

40.   Implications of signing the Hague Securities Convention

Motion for a resolution: B6-0632/2006

Motion for a resolution: B6-0632/2006

| Subject | Am. No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| Motion for a resolution B6-0632/2006




  (BERÈS et al) |
| vote: resolution (as a whole) | | + | |

Subject

Am. No

Author

RCV, etc.

Vote

RCV/EV — remarks

Motion for a resolution B6-0632/2006

Motion for a resolution B6-0632/2006

(BERÈS et al)

(BERÈS et al)

vote: resolution (as a whole)

vote: resolution (as a whole)

+

Sahra Wagenknecht had also signed the joint motion for a resolution on behalf of the GUE/NGL Group.

---

ANNEX II

RESULT OF ROLL-CALL VOTES

1.   2007 draft general budget as amended

Amendment 306/2

For: 257

IND/DEM: Belder, Blokland, Krupa, Sinnott, Tomczak, Železný

NI: Belohorská, Bobošíková, Chruszcz, De Michelis, Giertych, Helmer, Mussolini, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Callanan, Casa, Casini, Caspary, Castiglione, Cederschiöld, Chichester, Chmielewski, Coelho, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Garriga Polledo, Gauzès, Gawronski, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McMillan-Scott, Mann Thomas, Mantovani, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Sartori, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zvěřina

UEN: Angelilli, Aylward, Berlato, Bielan, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Foltyn-Kubicka, Grabowski, Janowski, Kamiński, Kristovskis, Kuźmiuk, La Russa, Libicki, Masiel, Muscardini, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Wojciechowski Janusz, Zapałowski

Verts/ALE: Lipietz

Against: 288

ALDE: Andria, Attwooll, Beaupuy, Budreikaitė, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Ek, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Laperrouze, Lax, Ludford, Lynne, Maaten, Manders, Mohácsi, Morillon, Mulder, Newton Dunn, Onyszkiewicz, Oviir, Piskorski, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Virrankoski, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Holm, Kaufmann, Liotard, McDonald, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Batten, Clark, Farage, Goudin, Lundgren, Nattrass, Whittaker, Wise

NI: Battilocchio, Gollnisch, Lang, Le Rachinel, Martin Hans-Peter, Mote

PSE: Arif, Ayala Sender, Badia I Cutchet, Batzeli, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bourzai, Bullmann, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Goebbels, Gomes, Grabowska, Grech, Groote, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Kreissl-Dörfler, Kuhne, Lambrinidis, Le Foll, Leichtfried, Liberadzki, Lienemann, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Schulz, Segelström, Simpson, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Camre, Kuc

Verts/ALE: Aubert, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Abstention: 13

ALDE: Matsakis

IND/DEM: Bonde, Coûteaux, Louis, de Villiers

NI: Allister, Baco, Claeys, Dillen, Le Pen Marine, Martinez, Schenardi

Verts/ALE: van Buitenen

2.   2007 draft general budget as amended

Amendment 322/2

For: 324

ALDE: Andria, Beaupuy, Budreikaitė, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Ek, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Laperrouze, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Mulder, Newton Dunn, Onyszkiewicz, Oviir, Piskorski, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Virrankoski, Wallis

GUE/NGL: Liotard, Svensson

IND/DEM: Belder, Blokland, Krupa, Sinnott, Tomczak, Železný

NI: Belohorská, Bobošíková, Chruszcz, Claeys, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez, Mussolini, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Callanan, Casa, Casini, Caspary, Castiglione, Cederschiöld, Chichester, Chmielewski, Coelho, Daul, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Garriga Polledo, Gauzès, Gawronski, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Kušķis, Langen, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McMillan-Scott, Mann Thomas, Mantovani, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Parish, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Sartori, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zvěřina

PSE: Mann Erika

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Foltyn-Kubicka, Grabowski, Janowski, Kamiński, Kristovskis, Kuźmiuk, La Russa, Libicki, Masiel, Muscardini, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Wojciechowski Janusz, Zapałowski

Against: 226

ALDE: Morillon

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Holm, Kaufmann, McDonald, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Batten, Clark, Coûteaux, Farage, Goudin, Lundgren, Nattrass, Whittaker, Wise

NI: Allister, Battilocchio, De Michelis, Mote

PPE-DE: Grosch

PSE: Arif, Ayala Sender, Badia I Cutchet, Batzeli, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bourzai, Bullmann, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Goebbels, Gomes, Grabowska, Grech, Groote, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Kreissl-Dörfler, Kuhne, Lambrinidis, Le Foll, Leichtfried, Liberadzki, Lienemann, McAvan, McCarthy, Madeira, Maňka, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Schulz, Segelström, Simpson, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Camre, Kuc

Verts/ALE: Aubert, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Abstention: 7

GUE/NGL: Pafilis

IND/DEM: Bonde, Louis, de Villiers

NI: Baco, Martin Hans-Peter

Verts/ALE: van Buitenen

3.   Report: Elles/Grech A6-0451/2006

Paragraph 4

For: 516

ALDE: Andria, Attwooll, Beaupuy, Budreikaitė, Cavada, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Ek, Fourtou, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Laperrouze, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Virrankoski, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Holm, Kaufmann, Liotard, McDonald, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Krupa, Sinnott, Tomczak, Železný

NI: Battilocchio, Belohorská, Bobošíková, Chruszcz, De Michelis, Giertych, Helmer, Mussolini, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Callanan, Casa, Casini, Caspary, Castiglione, Cederschiöld, Chichester, Chmielewski, Coelho, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, Dombrovskis, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Elles, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Garriga Polledo, Gauzès, Gawronski, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McMillan-Scott, Mann Thomas, Mantovani, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà

PSE: Arif, Ayala Sender, Badia I Cutchet, Batzeli, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bourzai, Bullmann, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Goebbels, Gomes, Grabowska, Grech, Groote, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Kreissl-Dörfler, Kuhne, Lambrinidis, Le Foll, Leichtfried, Liberadzki, Lienemann, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, Savary, Schaldemose, Schapira, Scheele, Schulz, Segelström, Simpson, Siwiec, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Borghezio, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Foltyn-Kubicka, Grabowski, Janowski, Kamiński, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Masiel, Muscardini, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Wojciechowski Janusz, Zapałowski

Verts/ALE: Aubert, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Kallenbach, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 19

IND/DEM: Belder, Blokland, Bonde, Coûteaux, Goudin, Lundgren

NI: Claeys, Dillen, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Mote, Schenardi

PPE-DE: Zvěřina

PSE: Occhetto

UEN: Bielan

Abstention: 13

GUE/NGL: Pafilis

IND/DEM: Batten, Clark, Farage, Louis, Nattrass, de Villiers, Whittaker, Wise

NI: Allister, Baco

Verts/ALE: van Buitenen, Schlyter

Corrections to votes

For

Rainer Wieland

4.   Report: Elles/Grech A6-0451/2006

Paragraph 13/2

For: 318

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Budreikaitė, Carlshamre, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Ek, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Laperrouze, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Virrankoski, Wallis

IND/DEM: Belder, Blokland, Krupa, Lundgren, Tomczak, Železný

NI: Allister, Bobošíková, Chruszcz, Giertych, Helmer, Mussolini, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Callanan, Casa, Casini, Caspary, Castiglione, Cederschiöld, Chichester, Chmielewski, Coelho, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Garriga Polledo, Gauzès, Gawronski, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McMillan-Scott, Mann Thomas, Mantovani, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Mitchell, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zvěřina

UEN: Angelilli, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Foltyn-Kubicka, Grabowski, Janowski, Kamiński, Kristovskis, Kuźmiuk, Masiel, Muscardini, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Wojciechowski Janusz, Zapałowski

Against: 236

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Holm, Kaufmann, Liotard, McDonald, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Batten, Clark, Coûteaux, Farage, Goudin, Louis, Nattrass, Sinnott, de Villiers, Whittaker, Wise

NI: Battilocchio, Belohorská, Claeys, De Michelis, Dillen, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Schenardi

PSE: Arif, Ayala Sender, Badia I Cutchet, van den Berg, Berger, Berlinguer, Berman, Bösch, Bourzai, Bullmann, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Goebbels, Gomes, Grabowska, Grech, Groote, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Kreissl-Dörfler, Kuhne, Lambrinidis, Le Foll, Leichtfried, Liberadzki, Lienemann, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Schulz, Segelström, Simpson, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Kuc

Verts/ALE: Aubert, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Abstention: 6

IND/DEM: Bonde

NI: Baco, Martinez, Mote

UEN: Libicki

Verts/ALE: van Buitenen

Corrections to votes

For

Rainer Wieland

5.   Report: Elles/Grech A6-0451/2006

Paragraph 16/1

For: 332

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Budreikaitė, Carlshamre, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Ek, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Laperrouze, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Virrankoski, Wallis

GUE/NGL: Holm, Liotard, Meijer, Svensson

IND/DEM: Belder, Blokland, Bonde, Coûteaux, Goudin, Krupa, Louis, Lundgren, Sinnott, Tomczak, de Villiers, Železný

NI: Allister, Bobošíková, Chruszcz, Giertych, Helmer, Martin Hans-Peter, Mussolini, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Callanan, Casa, Casini, Caspary, Castiglione, Cederschiöld, Chichester, Chmielewski, Coelho, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Garriga Polledo, Gauzès, Gawronski, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Harbour, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McMillan-Scott, Mann Thomas, Mantovani, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zvěřina

PSE: Mastenbroek

UEN: Angelilli, Berlato, Bielan, Borghezio, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Foltyn-Kubicka, Grabowski, Janowski, Kamiński, Kristovskis, Kuźmiuk, La Russa, Libicki, Masiel, Muscardini, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Wojciechowski Janusz, Zapałowski

Against: 227

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, McDonald, Maštálka, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Batten, Clark, Farage, Nattrass, Whittaker, Wise

NI: Battilocchio, Claeys, De Michelis, Dillen, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martinez, Schenardi

PSE: Arif, Ayala Sender, Badia I Cutchet, Batzeli, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bourzai, Bullmann, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Goebbels, Gomes, Grabowska, Grech, Groote, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Kreissl-Dörfler, Kuhne, Lambrinidis, Le Foll, Leichtfried, Liberadzki, Lienemann, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Schulz, Segelström, Simpson, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Kuc

Verts/ALE: Aubert, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Abstention: 5

NI: Baco, Belohorská, Mote

UEN: Camre

Verts/ALE: van Buitenen

6.   Report: Elles/Grech A6-0451/2006

Paragraph 16/2

For: 382

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Budreikaitė, Carlshamre, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Ek, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Laperrouze, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Virrankoski, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Holm, Kaufmann, Liotard, McDonald, Meijer, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Coûteaux, Krupa, Louis, Sinnott, Tomczak, de Villiers, Železný

NI: Allister, Bobošíková, Chruszcz, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Mussolini, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Callanan, Casa, Casini, Caspary, Castiglione, Cederschiöld, Chichester, Chmielewski, Coelho, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Garriga Polledo, Gauzès, Gawronski, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McMillan-Scott, Mann Thomas, Mantovani, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Méndez de Vigo, Mikolášik, Mitchell, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Surján, Szájer, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zvěřina

UEN: Angelilli, Berlato, Bielan, Borghezio, Crowley, Czarnecki Marek Aleksander, Foltyn-Kubicka, Grabowski, Janowski, Kamiński, Kristovskis, Kuźmiuk, La Russa, Libicki, Masiel, Muscardini, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Wojciechowski Janusz, Zapałowski

Verts/ALE: Aubert, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Voggenhuber, Ždanoka

Against: 165

GUE/NGL: Pafilis

IND/DEM: Batten, Bonde, Clark, Farage, Goudin, Lundgren, Nattrass, Whittaker, Wise

NI: Battilocchio, Claeys, De Michelis, Dillen

PSE: Arif, Ayala Sender, Badia I Cutchet, Batzeli, van den Berg, Berger, Berlinguer, Berman, Bösch, Bourzai, Bullmann, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fernandes, Ferreira Anne, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Goebbels, Gomes, Grabowska, Grech, Groote, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Kreissl-Dörfler, Kuhne, Lambrinidis, Le Foll, Leichtfried, Liberadzki, Lienemann, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Schulz, Segelström, Simpson, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Camre, Kuc

Abstention: 4

NI: Baco, Belohorská, Mote

Verts/ALE: van Buitenen

7.   Report: Elles/Grech A6-0451/2006

Amendment 1

For: 89

GUE/NGL: Agnoletto, Aita, Brie, Catania, Figueiredo, Flasarová, Guerreiro, Henin, Holm, Liotard, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Seppänen, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Bonde, Goudin, Krupa, Lundgren, Sinnott, Tomczak, Železný

NI: Bobošíková, Chruszcz, Giertych, Wojciechowski Bernard Piotr

PPE-DE: Andrikienė, Casini, Duchoň, Fajmon, de Grandes Pascual, Hybášková, Mauro, Millán Mon, Salafranca Sánchez-Neyra, Škottová, Strejček, Vlasák, Wijkman, Zahradil, Zvěřina

PSE: Batzeli, van den Berg, Berman, Capoulas Santos, Corbey, Ferreira Elisa, Hedh, Hedkvist Petersen, Lambrinidis, Mastenbroek, Matsouka, Napoletano, Segelström, Swoboda, Westlund

UEN: Bielan, Czarnecki Marek Aleksander, Czarnecki Ryszard, Foltyn-Kubicka, Grabowski, Janowski, Kamiński, Kristovskis, Kuźmiuk, Libicki, Masiel, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Szymański, Wojciechowski Janusz, Zapałowski

Verts/ALE: Hassi, Schlyter, Trüpel

Against: 453

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Budreikaitė, Carlshamre, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Ek, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Laperrouze, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Virrankoski, Wallis

IND/DEM: Belder, Blokland

NI: Allister, Battilocchio, Claeys, De Michelis, Dillen, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez, Mote, Mussolini, Schenardi

PPE-DE: Albertini, Antoniozzi, Ashworth, Atkins, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Callanan, Casa, Caspary, Castiglione, Cederschiöld, Chichester, Chmielewski, Coelho, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Dover, Doyle, Duka-Zólyomi, Ebner, Evans Jonathan, Fatuzzo, Ferber, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Garriga Polledo, Gauzès, Gawronski, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McMillan-Scott, Mann Thomas, Mantovani, Mathieu, Mato Adrover, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Mitchell, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Samaras, Sartori, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Stubb, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà

PSE: Arif, Ayala Sender, Badia I Cutchet, Berès, Berger, Berlinguer, Bösch, Bourzai, Bullmann, Busquin, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Anne, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Goebbels, Gomes, Grabowska, Grech, Groote, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Herczog, Honeyball, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Kreissl-Dörfler, Le Foll, Leichtfried, Liberadzki, Lienemann, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Navarro, Obiols i Germà, Occhetto, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Schulz, Simpson, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Szejna, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Berlato, Borghezio, Crowley, Kuc, La Russa, Muscardini, Ó Neachtain, Ryan

Verts/ALE: Aubert, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Horáček, Hudghton, Isler Béguin, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Özdemir, Onesta, Romeva i Rueda, Rühle, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Abstention: 22

ALDE: Schmidt Olle

GUE/NGL: de Brún, Kaufmann, McDonald, Remek

IND/DEM: Batten, Clark, Coûteaux, Farage, Louis, Nattrass, de Villiers, Whittaker, Wise

NI: Baco, Belohorská, Martin Hans-Peter

PSE: Kuhne, Wiersma

UEN: Camre

Verts/ALE: van Buitenen, Lucas

8.   Report: Elles/Grech A6-0451/2006

Paragraph 27

For: 487

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Budreikaitė, Carlshamre, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Davies, Deprez, Drčar Murko, Duff, Fourtou, Gibault, Griesbeck, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kułakowski, Laperrouze, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Onyszkiewicz, Oviir, Piskorski, Prodi, Resetarits, Ries, Savi, Schmidt Olle, Staniszewska, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Virrankoski, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, Flasarová, Henin, Holm, Kaufmann, Liotard, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Coûteaux, Louis, Sinnott, de Villiers

NI: Allister, Battilocchio, Belohorská, Chruszcz, De Michelis, Giertych, Helmer, Martin Hans-Peter, Mussolini, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Callanan, Casa, Casini, Caspary, Castiglione, Chmielewski, Coelho, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Dover, Doyle, Duka-Zólyomi, Ebner, Ehler, Elles, Evans Jonathan, Fatuzzo, Ferber, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Garriga Polledo, Gauzès, Gawronski, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hoppenstedt, Hudacký, Itälä, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McMillan-Scott, Mann Thomas, Mantovani, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Spautz, Šťastný, Stauner, Stevenson, Stubb, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà

PSE: Arif, Ayala Sender, Badia I Cutchet, Batzeli, Berès, Berger, Berlinguer, Bösch, Bourzai, Bullmann, Busquin, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Anne, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Gomes, Grabowska, Grech, Groote, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Herczog, Honeyball, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Kreissl-Dörfler, Kuhne, Lambrinidis, Le Foll, Leichtfried, Liberadzki, Lienemann, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Schulz, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Berlato, Bielan, Borghezio, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Foltyn-Kubicka, Janowski, Kamiński, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Masiel, Muscardini, Ó Neachtain, Podkański, Roszkowski, Rutowicz, Ryan, Szymański, Wojciechowski Janusz

Verts/ALE: Aubert, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 64

ALDE: Costa, De Sarnez, Geremek, Guardans Cambó, Krahmer, Polfer, Riis-Jørgensen, Sbarbati, Sterckx, Van Hecke

IND/DEM: Batten, Belder, Blokland, Bonde, Clark, Farage, Goudin, Krupa, Lundgren, Nattrass, Tomczak, Whittaker, Wise, Železný

NI: Bobošíková, Claeys, Dillen, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martinez, Schenardi

PPE-DE: Cederschiöld, Duchoň, Fajmon, Fjellner, Hökmark, Ibrisagic, Iturgaiz Angulo, Škottová, Sonik, Strejček, Vlasák, Wijkman, Zahradil, Zvěřina

PSE: van den Berg, Berman, Capoulas Santos, Corbey, Ferreira Elisa, Hedh, Hedkvist Petersen, Mastenbroek, Saks, Segelström, Westlund

UEN: Grabowski, Pęk, Piotrowski, Rogalski, Zapałowski

Verts/ALE: Schlyter

Abstention: 8

ALDE: Ek

GUE/NGL: de Brún, McDonald

NI: Baco, Mote

PSE: Wiersma

UEN: Camre

Verts/ALE: van Buitenen

Corrections to votes

Against

Jorgo Chatzimarkakis

9.   Report: Elles/Grech A6-0451/2006

Paragraph 38

For: 515

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Budreikaitė, Carlshamre, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Ek, Fourtou, Geremek, Gibault, Griesbeck, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Laperrouze, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Virrankoski, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Henin, Holm, Kaufmann, Liotard, McDonald, Meijer, Musacchio, Pafilis, Papadimoulis, Portas, Ransdorf, Seppänen, Svensson, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Bonde, Goudin, Krupa, Lundgren, Sinnott, Tomczak

NI: Battilocchio, Belohorská, De Michelis, Helmer, Martin Hans-Peter, Mussolini

PPE-DE: Albertini, Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Callanan, Casa, Casini, Caspary, Castiglione, Cederschiöld, Chichester, Chmielewski, Coelho, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Dover, Doyle, Duka-Zólyomi, Ebner, Ehler, Elles, Evans Jonathan, Fatuzzo, Ferber, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Garriga Polledo, Gauzès, Gawronski, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McMillan-Scott, Mann Thomas, Mantovani, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Stubb, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà

PSE: Arif, Ayala Sender, Badia I Cutchet, Batzeli, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bourzai, Bullmann, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Goebbels, Gomes, Grabowska, Grech, Groote, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Kuhne, Lambrinidis, Le Foll, Leichtfried, Liberadzki, Lienemann, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Schulz, Segelström, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Tarand, Thomsen, Titley, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Berlato, Bielan, Borghezio, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Foltyn-Kubicka, Grabowski, Janowski, Kamiński, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Masiel, Muscardini, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Wojciechowski Janusz, Zapałowski

Verts/ALE: Aubert, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 37

ALDE: Guardans Cambó

GUE/NGL: Flasarová, Guerreiro, Maštálka, Meyer Pleite, Pflüger, Remek, Triantaphyllides, Wagenknecht

IND/DEM: Batten, Clark, Farage, Nattrass, Whittaker, Wise, Železný

NI: Bobošíková, Chruszcz, Claeys, Dillen, Giertych, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martinez, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Duchoň, Fajmon, Škottová, Strejček, Vlasák, Zahradil, Zvěřina

PSE: Simpson

UEN: Szymański

Abstention: 8

IND/DEM: Coûteaux, Louis, de Villiers

NI: Allister, Baco, Mote

UEN: Camre

Verts/ALE: van Buitenen

10.   Report: Elles/Grech A6-0451/2006

Paragraph 41

For: 551

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Budreikaitė, Carlshamre, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Ek, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Laperrouze, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Virrankoski, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Holm, Kaufmann, Liotard, McDonald, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Svensson, Wagenknecht, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Bonde, Coûteaux, Goudin, Krupa, Louis, Lundgren, Sinnott, Tomczak, de Villiers, Železný

NI: Battilocchio, Belohorská, Bobošíková, Chruszcz, Claeys, De Michelis, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez, Mussolini, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Callanan, Casa, Casini, Caspary, Castiglione, Cederschiöld, Chichester, Chmielewski, Coelho, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Garriga Polledo, Gauzès, Gawronski, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McMillan-Scott, Mann Thomas, Mantovani, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zvěřina

PSE: Arif, Ayala Sender, Badia I Cutchet, Batzeli, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bourzai, Bullmann, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Gomes, Grabowska, Grech, Groote, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Kreissl-Dörfler, Kuhne, Lambrinidis, Le Foll, Leichtfried, Liberadzki, Lienemann, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Schulz, Segelström, Simpson, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Crowley, Czarnecki Ryszard, Foltyn-Kubicka, Grabowski, Janowski, Kamiński, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Masiel, Muscardini, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Wojciechowski Janusz, Zapałowski

Verts/ALE: Aubert, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 2

IND/DEM: Farage

NI: Martin Hans-Peter

Abstention: 11

GUE/NGL: Triantaphyllides

IND/DEM: Batten, Clark, Nattrass, Whittaker, Wise

NI: Allister, Baco, Mote

UEN: Camre

Verts/ALE: van Buitenen

11.   Report: Elles/Grech A6-0451/2006

Paragraph 42

For: 522

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Budreikaitė, Carlshamre, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Ek, Fourtou, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kułakowski, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Virrankoski, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Holm, Kaufmann, Liotard, McDonald, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Svensson, Wagenknecht, Wurtz, Zimmer

IND/DEM: Krupa, Tomczak

NI: Battilocchio, Belohorská, Chruszcz, De Michelis, Giertych, Helmer, Mussolini, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Dover, Doyle, Duka-Zólyomi, Ebner, Ehler, Elles, Evans Jonathan, Fatuzzo, Ferber, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Garriga Polledo, Gauzès, Gawronski, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McMillan-Scott, Mann Thomas, Mantovani, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Mitchell, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Schierhuber, Schnellhardt, Schöpflin, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Stubb, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà

PSE: Arif, Ayala Sender, Badia I Cutchet, Batzeli, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bourzai, Bullmann, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Goebbels, Gomes, Grabowska, Grech, Groote, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Kreissl-Dörfler, Kuhne, Lambrinidis, Leichtfried, Liberadzki, Lienemann, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Schulz, Segelström, Simpson, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Foltyn-Kubicka, Grabowski, Janowski, Kamiński, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Masiel, Muscardini, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Wojciechowski Janusz, Zapałowski

Verts/ALE: Aubert, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 28

IND/DEM: Batten, Belder, Blokland, Bonde, Clark, Farage, Goudin, Lundgren, Nattrass, Whittaker, Wise, Železný

NI: Bobošíková, Claeys, Dillen, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martinez, Schenardi

PPE-DE: Duchoň, Fajmon, Škottová, Strejček, Vlasák, Zahradil, Zvěřina

Abstention: 10

IND/DEM: Coûteaux, Louis, Sinnott, de Villiers

NI: Allister, Baco, Martin Hans-Peter, Mote

UEN: Camre

Verts/ALE: van Buitenen

12.   Report: Elles/Grech A6-0451/2006

Amendment 2/1

For: 109

ALDE: Resetarits, Schmidt Olle

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Flasarová, Henin, Holm, Kaufmann, Liotard, McDonald, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Batten, Belder, Blokland, Bonde, Clark, Coûteaux, Farage, Goudin, Louis, Lundgren, Nattrass, Sinnott, de Villiers, Whittaker, Wise, Železný

NI: Bobošíková, Claeys, Dillen, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Schenardi

PPE-DE: Duchoň, Fajmon, Méndez de Vigo, Škottová, Strejček, Vlasák, Wijkman, Zahradil, Zvěřina

PSE: van den Berg, Bullmann, Carlotti, Hedh, Hedkvist Petersen, Kreissl-Dörfler, Kuhne, Lienemann, Mastenbroek, Myller, Segelström, Van Lancker

UEN: Czarnecki Ryszard, Kamiński

Verts/ALE: Aubert, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 407

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Budreikaitė, Carlshamre, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Laperrouze, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Ries, Riis-Jørgensen, Savi, Sbarbati, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Virrankoski, Wallis

IND/DEM: Krupa, Tomczak

NI: Battilocchio, Belohorská, Chruszcz, De Michelis, Giertych, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Antoniozzi, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Böge, Bonsignore, Braghetto, Brejc, Brepoels, Březina, Busuttil, Buzek, Casa, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chmielewski, Coelho, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Doyle, Duka-Zólyomi, Ebner, Ehler, Fatuzzo, Ferber, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Garriga Polledo, Gauzès, Gawronski, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, Mann Thomas, Mantovani, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Mikolášik, Millán Mon, Mitchell, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Šťastný, Stauner, Stubb, Sudre, Surján, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà

PSE: Arif, Ayala Sender, Badia I Cutchet, Berger, Berlinguer, Berman, Bösch, Bourzai, Busquin, Calabuig Rull, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Gomes, Grabowska, Grech, Groote, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Herczog, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Lambrinidis, Le Foll, Liberadzki, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martínez Martínez, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Napoletano, Navarro, Obiols i Germà, Occhetto, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Schulz, Simpson, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Szejna, Tarabella, Tarand, Thomsen, Trautmann, Tzampazi, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Borghezio, Crowley, Czarnecki Marek Aleksander, Foltyn-Kubicka, Grabowski, Janowski, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Masiel, Muscardini, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Wojciechowski Janusz, Zapałowski

Verts/ALE: Graefe zu Baringdorf

Abstention: 41

ALDE: Ek

NI: Allister, Baco, Helmer, Martinez, Mote, Mussolini

PPE-DE: Ashworth, Atkins, Beazley, Bowis, Bushill-Matthews, Callanan, Chichester, Deva, Dover, Elles, Evans Jonathan, Harbour, Heaton-Harris, Jackson, Kamall, Kirkhope, McMillan-Scott, Parish, Purvis, Sonik, Stevenson, Sturdy, Tannock, Van Orden

PSE: Honeyball, Leichtfried, Martin David, Scheele, Swoboda, Titley, Wiersma

UEN: Bielan, Camre

Verts/ALE: van Buitenen

Corrections to votes

For

Michael Cashman, Åsa Westlund, Richard Corbett, Catherine Stihler, Dorette Corbey, Jorgo Chatzimarkakis

Abstention

Glenis Willmott, Linda McAvan, David Martin

13.   Report: Elles/Grech A6-0451/2006

Recital F/2

For: 249

IND/DEM: Bonde, Goudin, Krupa, Lundgren, Tomczak

NI: Belohorská, Chruszcz, Giertych, Helmer, Martin Hans-Peter, Mussolini, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Dover, Doyle, Duka-Zólyomi, Ebner, Ehler, Elles, Evans Jonathan, Fatuzzo, Ferber, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Garriga Polledo, Gauzès, Gawronski, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, McMillan-Scott, Mann Thomas, Mantovani, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Schierhuber, Schnellhardt, Schöpflin, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Šťastný, Stauner, Stevenson, Stubb, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras, Vlasto, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Foltyn-Kubicka, Grabowski, Janowski, Kristovskis, Kuźmiuk, La Russa, Libicki, Masiel, Muscardini, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Wojciechowski Janusz, Zapałowski

Verts/ALE: Trüpel

Against: 299

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Budreikaitė, Carlshamre, Cavada, Chatzimarkakis, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Laperrouze, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Virrankoski, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Holm, Kaufmann, Liotard, McDonald, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Železný

NI: Battilocchio, Bobošíková, Claeys, De Michelis, Dillen, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martinez, Schenardi

PPE-DE: Duchoň, Fajmon, Maat, Škottová, Strejček, Vlasák, Zahradil, Zvěřina

PSE: Arif, Ayala Sender, Badia I Cutchet, Batzeli, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bourzai, Bullmann, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Goebbels, Gomes, Grabowska, Grech, Groote, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Kreissl-Dörfler, Kuhne, Lambrinidis, Le Foll, Leichtfried, Liberadzki, Lienemann, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Schulz, Segelström, Simpson, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Kamiński, Kuc

Verts/ALE: Aubert, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Turmes, Voggenhuber, Ždanoka

Abstention: 15

IND/DEM: Batten, Clark, Coûteaux, Farage, Louis, Nattrass, Sinnott, de Villiers, Whittaker, Wise

NI: Allister, Baco, Mote

UEN: Camre

Verts/ALE: van Buitenen

14.   Report: Daul A6-0412/2006

Resolution

For: 513

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Budreikaitė, Carlshamre, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Ek, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schuth, Staniszewska, Sterckx, Susta, Szent-Iványi, Toia, Väyrynen, Van Hecke, Wallis

GUE/NGL: Brie, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Holm, Kaufmann, Liotard, McDonald, Maštálka, Meijer, Meyer Pleite, Papadimoulis, Pflüger, Ransdorf, Remek, Seppänen, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Bonde, Krupa, Tomczak, Železný

NI: Battilocchio, Bobošíková, Chruszcz, Claeys, De Michelis, Giertych, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Dover, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Garriga Polledo, Gauzès, Gawronski, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McMillan-Scott, Mann Thomas, Mantovani, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Millán Mon, Mitchell, Musotto, Nassauer, van Nistelrooij, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pieper, Pīks, Pinheiro, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Schnellhardt, Schöpflin, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zvěřina

PSE: Arif, Ayala Sender, Badia I Cutchet, Batzeli, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bourzai, Bullmann, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Goebbels, Gomes, Grech, Groote, Gurmai, Guy-Quint, Hänsch, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Kreissl-Dörfler, Lambrinidis, Le Foll, Leichtfried, Liberadzki, Lienemann, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Paasilinna, Pahor, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, Savary, Schaldemose, Schapira, Scheele, Schulz, Segelström, Simpson, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Berlato, Bielan, Borghezio, Crowley, Czarnecki Marek Aleksander, Foltyn-Kubicka, Grabowski, Janowski, Kamiński, Kristovskis, Kuc, Kuźmiuk, Libicki, Masiel, Muscardini, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Rutowicz, Ryan, Szymański, Zapałowski

Verts/ALE: Aubert, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schroedter, Smith, Staes, Voggenhuber, Ždanoka

Against: 14

ALDE: Laperrouze

GUE/NGL: Catania, Portas

IND/DEM: Batten, Clark, Goudin, Lundgren, Nattrass, Whittaker, Wise

NI: Baco, Dillen, Mote

UEN: Camre

Abstention: 22

ALDE: Schmidt Olle

GUE/NGL: Agnoletto, Musacchio, Pafilis

IND/DEM: Coûteaux, Louis, Sinnott, de Villiers

NI: Allister, Belohorská, Helmer, Mussolini

PPE-DE: Brejc, Doyle, Kamall, Novak, Schwab, Wijkman

PSE: Corbey, Kuhne

Verts/ALE: van Buitenen, Schlyter

15.   Report: Segelström A6-0454/2006

Resolution

For: 528

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Budreikaitė, Carlshamre, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Ek, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Laperrouze, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Väyrynen, Van Hecke, Virrankoski, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Kaufmann, McDonald, Maštálka, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Wagenknecht, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Krupa, Sinnott, Tomczak, Železný

NI: Allister, Belohorská, Bobošíková, Chruszcz, De Michelis, Giertych, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martin Hans-Peter, Martinez, Mussolini, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Busuttil, Buzek, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Fajmon, Fatuzzo, Ferber, Fjellner, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Garriga Polledo, Gauzès, Gawronski, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McMillan-Scott, Mann Thomas, Mantovani, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Millán Mon, Mitchell, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pieper, Pīks, Pinheiro, Pleštinská, Podestà, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zvěřina

PSE: Arif, Ayala Sender, Badia I Cutchet, Batzeli, Berès, van den Berg, Berger, Berlinguer, Bösch, Bourzai, Bullmann, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Goebbels, Gomes, Grabowska, Grech, Groote, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Kreissl-Dörfler, Kuhne, Lambrinidis, Le Foll, Leichtfried, Liberadzki, Lienemann, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Paasilinna, Pahor, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Scheele, Schulz, Segelström, Simpson, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Foltyn-Kubicka, Grabowski, Janowski, Kamiński, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Masiel, Muscardini, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Rutowicz, Ryan, Szymański, Wojciechowski Janusz, Zapałowski

Verts/ALE: Aubert, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 16

GUE/NGL: Holm, Liotard, Meijer, Seppänen, Svensson

IND/DEM: Bonde, Clark, Goudin, Lundgren, Nattrass, Whittaker, Wise

NI: Helmer, Mote

PPE-DE: Bushill-Matthews, Evans Jonathan

Abstention: 8

GUE/NGL: Pafilis, Triantaphyllides

IND/DEM: Coûteaux, Louis, de Villiers

NI: Battilocchio

PSE: Berman

Verts/ALE: van Buitenen

Corrections to votes

For

Philip Bushill-Matthews

16.   Report: Segelström A6-0452/2006

Resolution

For: 486

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Budreikaitė, Carlshamre, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Ek, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Laperrouze, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Virrankoski, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Flasarová, Henin, Kaufmann, McDonald, Maštálka, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Wagenknecht, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Sinnott

NI: Battilocchio, Belohorská, Bobošíková, De Michelis, Martin Hans-Peter, Mussolini

PPE-DE: Albertini, Andrikienė, Antoniozzi, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Bonsignore, Braghetto, Brejc, Brepoels, Březina, Busuttil, Buzek, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chmielewski, Coelho, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Fajmon, Fatuzzo, Ferber, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Garriga Polledo, Gauzès, Gawronski, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, Mann Thomas, Mantovani, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Millán Mon, Mitchell, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Pieper, Pīks, Pinheiro, Pleštinská, Podestà, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Strejček, Stubb, Sudre, Surján, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zvěřina

PSE: Arif, Ayala Sender, Badia I Cutchet, Batzeli, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bourzai, Bullmann, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Goebbels, Gomes, Grabowska, Grech, Groote, Gurmai, Guy-Quint, Hänsch, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Kreissl-Dörfler, Kuhne, Lambrinidis, Le Foll, Leichtfried, Liberadzki, Lienemann, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Paasilinna, Pahor, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Schulz, Segelström, Simpson, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Berlato, Bielan, Borghezio, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Foltyn-Kubicka, Janowski, Kamiński, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Masiel, Muscardini, Ó Neachtain, Podkański, Rutowicz, Ryan, Szymański, Wojciechowski Janusz

Verts/ALE: Aubert, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schroedter, Smith, Staes, Trüpel, Voggenhuber, Ždanoka

Against: 61

GUE/NGL: Holm, Liotard, Meijer, Pafilis, Seppänen, Svensson

IND/DEM: Batten, Bonde, Clark, Coûteaux, Goudin, Krupa, Lundgren, Nattrass, Tomczak, Whittaker, Wise

NI: Allister, Chruszcz, Claeys, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez, Mote, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Ashworth, Atkins, Bowis, Bradbourn, Bushill-Matthews, Callanan, Chichester, Deva, Dover, Elles, Evans Jonathan, Harbour, Heaton-Harris, Jackson, Kamall, Kirkhope, McMillan-Scott, Parish, Purvis, Stevenson, Sturdy, Tannock, Van Orden

UEN: Camre, Grabowski, Pęk, Piotrowski, Rogalski, Zapałowski

Verts/ALE: Schlyter

Abstention: 3

GUE/NGL: Triantaphyllides

IND/DEM: Železný

Verts/ALE: van Buitenen

17.   Recommendation: Grosch A6-0414/2006

Amendment 6

For: 67

ALDE: Lynne

IND/DEM: Batten, Bonde, Clark, Farage, Goudin, Krupa, Lundgren, Nattrass, Tomczak, Whittaker, Wise, Železný

NI: Allister, Belohorská, Bobošíková, Claeys, Dillen, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez, Mote, Romagnoli, Schenardi

PPE-DE: Albertini, Ashworth, Atkins, Bowis, Bradbourn, Bushill-Matthews, Callanan, Chichester, Deva, Dover, Duchoň, Elles, Evans Jonathan, Fajmon, Hannan, Harbour, Heaton-Harris, Hudacký, Hybášková, Jackson, Kamall, Kirkhope, McMillan-Scott, Parish, Škottová, Stevenson, Strejček, Sturdy, Tannock, Van Orden, Vlasák, Zahradil, Zvěřina

UEN: Grabowski, Pęk, Piotrowski, Rogalski, Rutowicz, Zapałowski

Verts/ALE: Schlyter

Against: 483

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Budreikaitė, Carlshamre, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Laperrouze, Lax, Ludford, Matsakis, Mohácsi, Morillon, Newton Dunn, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Virrankoski, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Flasarová, Henin, Holm, Kaufmann, Liotard, McDonald, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Sinnott

NI: Battilocchio, Chruszcz, De Michelis, Giertych, Martin Hans-Peter, Mussolini, Wojciechowski Bernard Piotr

PPE-DE: Andrikienė, Antoniozzi, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Böge, Bonsignore, Braghetto, Brejc, Brepoels, Březina, Busuttil, Buzek, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chmielewski, Coelho, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Doyle, Ebner, Ehler, Fatuzzo, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Garriga Polledo, Gauzès, Gawronski, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Langen, Langendries, Lauk, Lechner, Lehne, Liese, Lulling, Maat, Mann Thomas, Mantovani, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stauner, Stubb, Sudre, Surján, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà

PSE: Arif, Ayala Sender, Badia I Cutchet, Batzeli, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bourzai, Bullmann, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Goebbels, Gomes, Grabowska, Grech, Groote, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Kreissl-Dörfler, Kuhne, Lambrinidis, Le Foll, Leichtfried, Liberadzki, Lienemann, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Schulz, Segelström, Simpson, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Tarand, Thomsen, Titley, Trautmann, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Foltyn-Kubicka, Janowski, Kamiński, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Masiel, Muscardini, Ó Neachtain, Podkański, Roszkowski, Ryan, Szymański, Wojciechowski Janusz

Verts/ALE: Aubert, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Abstention: 13

ALDE: Hennis-Plasschaert, Maaten, Manders, Mulder

GUE/NGL: Figueiredo, Guerreiro

IND/DEM: Coûteaux, Louis

NI: Baco

PPE-DE: Ferber, Purvis

Verts/ALE: van Buitenen, Hudghton

18.   Report: Leinen A6-0464/2006

Resolution

For: 396

IND/DEM: Belder, Blokland, Bonde, Coûteaux, Goudin, Louis, Lundgren, Sinnott, Tomczak

NI: Battilocchio, Belohorská, Bobošíková, Chruszcz, De Michelis, Giertych, Helmer, Mussolini, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Garriga Polledo, Gauzès, Gawronski, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Hannan, Harbour, Heaton-Harris, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McMillan-Scott, Mann Thomas, Mantovani, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zvěřina

PSE: Arif, Ayala Sender, Badia I Cutchet, Batzeli, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bullmann, Busquin, Calabuig Rull, Capoulas Santos, Carnero González, Casaca, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Goebbels, Gomes, Grabowska, Grech, Groote, Gurmai, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Kreissl-Dörfler, Kuhne, Lambrinidis, Leichtfried, Liberadzki, McAvan, McCarthy, Madeira, Maňka, Martínez Martínez, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Schulz, Segelström, Siwiec, Skinner, Sornosa Martínez, Stockmann, Swoboda, Szejna, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Foltyn-Kubicka, Grabowski, Janowski, Kamiński, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Masiel, Muscardini, Ó Neachtain, Pęk, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Wojciechowski Janusz, Zapałowski

Against: 112

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Budreikaitė, Carlshamre, Cavada, Chatzimarkakis, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Ek, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Laperrouze, Lax, Ludford, Lynne, Maaten, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Virrankoski, Wallis

IND/DEM: Batten, Clark, Farage, Nattrass, Whittaker, Wise

NI: Allister, Martin Hans-Peter, Mote

PPE-DE: Hennicot-Schoepges

PSE: Bourzai, Dobolyi, Guy-Quint, Mann Erika, Martin David, Stihler

UEN: Camre

Verts/ALE: Aubert, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Hudghton, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Abstention: 57

ALDE: Cocilovo, Manders

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Holm, Kaufmann, Liotard, McDonald, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Krupa, Železný

NI: Baco, Claeys, Dillen, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martinez, Romagnoli, Schenardi

PPE-DE: Reul

PSE: Carlotti, Cashman, Castex, Honeyball, Hughes, Le Foll, Lienemann, Mastenbroek, Navarro, Scheele, Simpson

UEN: Piotrowski

Verts/ALE: van Buitenen

19.   Report: Kudrycka A6-0427/2006

Amendment 2

For: 83

ALDE: Krahmer, Resetarits

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Holm, Kaufmann, Liotard, McDonald, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Bonde, Krupa, Sinnott, Tomczak

NI: Martin Hans-Peter

PPE-DE: Fjellner, Hökmark, Ibrisagic, Kauppi

PSE: Gomes, Guy-Quint, Scheele

UEN: Grabowski, Pęk, Piotrowski, Podkański, Rogalski, Ryan, Zapałowski

Verts/ALE: Aubert, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Hudghton, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 331

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Budreikaitė, Carlshamre, Cavada, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Ek, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kułakowski, Laperrouze, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Virrankoski, Wallis

IND/DEM: Belder, Blokland, Coûteaux, Goudin, Louis, Lundgren, Železný

NI: Allister, Belohorská, Bobošíková, Chruszcz, Claeys, De Michelis, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez, Mote, Mussolini, Romagnoli, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Buzek, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Garriga Polledo, Gauzès, Gawronski, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hoppenstedt, Hudacký, Hybášková, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, Mann Thomas, Mantovani, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zvěřina

PSE: Berlinguer, Désir, Fazakas, Glante, Grech, Hänsch, Jørgensen, Muscat

UEN: Angelilli, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Foltyn-Kubicka, Janowski, Kamiński, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Masiel, Muscardini, Ó Neachtain, Roszkowski, Rutowicz, Szymański, Wojciechowski Janusz

Abstention: 146

IND/DEM: Batten, Clark, Farage, Nattrass, Whittaker, Wise

NI: Baco, Battilocchio

PPE-DE: McMillan-Scott

PSE: Ayala Sender, Badia I Cutchet, Batzeli, Berès, van den Berg, Berger, Berman, Bösch, Bourzai, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fernandes, Ferreira Anne, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Grabowska, Groote, Gurmai, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Hughes, Hutchinson, Jöns, Kindermann, Koterec, Kreissl-Dörfler, Kuhne, Lambrinidis, Le Foll, Leichtfried, Liberadzki, Lienemann, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Paasilinna, Pahor, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Schulz, Segelström, Simpson, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

Verts/ALE: van Buitenen

Corrections to votes

Abstention

Joseph Muscat, Harlem Désir

20.   Report: Kudrycka A6-0427/2006

Amendment 3

For: 70

ALDE: Resetarits

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Holm, Kaufmann, Liotard, McDonald, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Bonde, Sinnott

NI: Martin Hans-Peter

PPE-DE: Fjellner, Ibrisagic

PSE: Szejna

UEN: Pęk

Verts/ALE: Aubert, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Hudghton, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 478

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Budreikaitė, Carlshamre, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Ek, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Laperrouze, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Virrankoski, Wallis

IND/DEM: Belder, Blokland, Coûteaux, Goudin, Louis, Lundgren, Železný

NI: Allister, Battilocchio, Belohorská, Bobošíková, Chruszcz, Claeys, De Michelis, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Mote, Mussolini, Romagnoli, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Garriga Polledo, Gauzès, Gawronski, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hannan, Harbour, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McMillan-Scott, Mann Thomas, Mantovani, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Papastamkos, Parish, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zvěřina

PSE: Arif, Ayala Sender, Badia I Cutchet, Batzeli, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bourzai, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Goebbels, Grabowska, Grech, Groote, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Kreissl-Dörfler, Kuhne, Lambrinidis, Leichtfried, Liberadzki, Lienemann, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Schulz, Segelström, Simpson, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Foltyn-Kubicka, Janowski, Kamiński, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Masiel, Muscardini, Ó Neachtain, Podkański, Roszkowski, Rutowicz, Ryan, Szymański, Wojciechowski Janusz

Abstention: 16

IND/DEM: Batten, Clark, Farage, Krupa, Nattrass, Tomczak, Whittaker, Wise

NI: Baco, Martinez

PSE: Chiesa

UEN: Grabowski, Piotrowski, Rogalski, Zapałowski

Verts/ALE: van Buitenen

21.   Report: Kudrycka A6-0425/2006

Amendment 2

For: 71

ALDE: Polfer, Resetarits

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Henin, Holm, Kaufmann, Liotard, McDonald, Maštálka, Meijer, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Svensson, Triantaphyllides, Wagenknecht, Wurtz, Zimmer

IND/DEM: Bonde, Sinnott

NI: Bobošíková, Claeys

PPE-DE: Cederschiöld, Fjellner, Hökmark, Ibrisagic

PSE: Szejna

Verts/ALE: Aubert, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Kallenbach, Lagendijk, Lambert, Lichtenberger, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 343

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Budreikaitė, Carlshamre, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Ek, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Laperrouze, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Onyszkiewicz, Oviir, Piskorski, Prodi, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

IND/DEM: Batten, Belder, Blokland, Clark, Coûteaux, Farage, Goudin, Krupa, Louis, Lundgren, Nattrass, Tomczak, Wise, Železný

NI: Allister, Chruszcz, De Michelis, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Mote, Mussolini, Romagnoli, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Chichester, Chmielewski, Coelho, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Dover, Doyle, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Garriga Polledo, Gauzès, Gawronski, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gyürk, Handzlik, Hannan, Harbour, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hoppenstedt, Hudacký, Hybášková, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Karas, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McMillan-Scott, Mann Thomas, Mantovani, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Schierhuber, Schnellhardt, Schöpflin, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Stauner, Stevenson, Strejček, Stubb, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zvěřina

PSE: Glante, Grech, Gurmai, Hänsch, Jöns, Moscovici, Muscat, Pahor, Titley

UEN: Angelilli, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Foltyn-Kubicka, Grabowski, Janowski, Kamiński, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Masiel, Muscardini, Ó Neachtain, Pęk, Piotrowski, Podkański, Rogalski, Roszkowski, Rutowicz, Ryan, Szymański, Wojciechowski Janusz, Zapałowski

Abstention: 143

GUE/NGL: Pafilis

NI: Baco, Battilocchio, Belohorská, Martin Hans-Peter, Martinez

PSE: Arif, Ayala Sender, Badia I Cutchet, Batzeli, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bourzai, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Díez González, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fernandes, Ferreira Anne, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Goebbels, Gomes, Grabowska, Groote, Guy-Quint, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Hughes, Hutchinson, Jørgensen, Kindermann, Koterec, Kreissl-Dörfler, Kuhne, Lambrinidis, Le Foll, Leichtfried, Liberadzki, Lienemann, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Myller, Napoletano, Navarro, Obiols i Germà, Paasilinna, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Scheele, Schulz, Segelström, Simpson, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Tarabella, Tarand, Thomsen, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weber Henri, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

Verts/ALE: van Buitenen

Corrections to votes

Against

Louis Grech

22.   Report: Segelström A6-0465/2006

Commission proposal

For: 476

ALDE: Andrejevs, Andria, Attwooll, Budreikaitė, Carlshamre, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Ek, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Laperrouze, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Flasarová, Henin, Kaufmann, McDonald, Maštálka, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Portas, Ransdorf, Remek, Seppänen, Wagenknecht, Wurtz, Zimmer

NI: Battilocchio, Belohorská, De Michelis, Mussolini

PPE-DE: Albertini, Andrikienė, Antoniozzi, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Böge, Bonsignore, Braghetto, Brejc, Brepoels, Březina, Busuttil, Buzek, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chmielewski, Coelho, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Doyle, Duka-Zólyomi, Ebner, Fatuzzo, Ferber, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Garriga Polledo, Gauzès, Gawronski, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Lulling, Maat, Mann Thomas, Mantovani, Mathieu, Mato Adrover, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Sommer, Sonik, Spautz, Šťastný, Stubb, Sudre, Surján, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zaleski, Zappalà

PSE: Arif, Ayala Sender, Badia I Cutchet, Batzeli, Berès, van den Berg, Berger, Berlinguer, Bösch, Bourzai, Bullmann, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Goebbels, Gomes, Grabowska, Grech, Groote, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Kreissl-Dörfler, Kuhne, Lambrinidis, Le Foll, Leichtfried, Liberadzki, Lienemann, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Paasilinna, Pahor, Paleckis, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Schulz, Segelström, Simpson, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Crowley, Czarnecki Marek Aleksander, Foltyn-Kubicka, Janowski, Kamiński, Kristovskis, Kuc, Kuźmiuk, La Russa, Libicki, Masiel, Muscardini, Ó Neachtain, Podkański, Roszkowski, Rutowicz, Ryan, Szymański, Wojciechowski Janusz

Verts/ALE: Aubert, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 41

GUE/NGL: Holm, Liotard, Meijer, Pafilis, Svensson, Triantaphyllides

IND/DEM: Batten, Belder, Blokland, Bonde, Clark, Coûteaux, Goudin, Lundgren, Sinnott

NI: Bobošíková, Chruszcz, Claeys, Dillen, Giertych, Gollnisch, Lang, Le Pen Marine, Le Rachinel, Martinez, Mote, Romagnoli, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Callanan, Duchoň, Fajmon, Heaton-Harris, Hökmark, Škottová, Strejček, Vlasák, Zahradil, Zvěřina

UEN: Camre, Czarnecki Ryszard

Abstention: 30

IND/DEM: Krupa, Tomczak

NI: Baco, Helmer, Martin Hans-Peter

PPE-DE: Ashworth, Atkins, Beazley, Bowis, Bradbourn, Bushill-Matthews, Chichester, Deva, Dover, Elles, Evans Jonathan, Harbour, Jackson, Kamall, McMillan-Scott, Parish, Purvis, Stevenson, Sturdy, Tannock, Van Orden

UEN: Borghezio, Grabowski, Piotrowski

Verts/ALE: van Buitenen

23.   Report: Segelström A6-0453/2006

Commission proposal

For: 483

ALDE: Andrejevs, Andria, Attwooll, Beaupuy, Budreikaitė, Carlshamre, Cavada, Chatzimarkakis, Cocilovo, Cornillet, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Ek, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, Hennis-Plasschaert, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Laperrouze, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Mohácsi, Morillon, Mulder, Newton Dunn, Onyszkiewicz, Oviir, Piskorski, Polfer, Prodi, Resetarits, Ries, Riis-Jørgensen, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, Flasarová, Henin, Kaufmann, Maštálka, Meyer Pleite, Musacchio, Papadimoulis, Pflüger, Portas, Remek, Wagenknecht, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Sinnott, Tomczak

NI: Battilocchio, Belohorská, Bobošíková, De Michelis, Martin Hans-Peter, Mussolini

PPE-DE: Albertini, Andrikienė, Antoniozzi, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Becsey, Belet, Berend, Böge, Bonsignore, Braghetto, Brejc, Brepoels, Březina, Busuttil, Buzek, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chmielewski, Coelho, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Doyle, Duchoň, Duka-Zólyomi, Ebner, Fajmon, Fatuzzo, Ferber, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Garriga Polledo, Gauzès, Gawronski, Gewalt, Glattfelder, Goepel, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jałowiecki, Járóka, Jarzembowski, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kauppi, Kelam, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Lulling, Maat, Mann Thomas, Mantovani, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Pieper, Pīks, Pinheiro, Pirker, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Schierhuber, Schnellhardt, Schöpflin, Schwab, Seeber, Seeberg, Siekierski, Silva Peneda, Škottová, Sommer, Sonik, Spautz, Šťastný, Strejček, Stubb, Sudre, Surján, Szájer, Tajani, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zvěřina

PSE: Arif, Ayala Sender, Badia I Cutchet, Batzeli, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bourzai, Bullmann, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Goebbels, Gomes, Grabowska, Grech, Groote, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Herczog, Honeyball, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Kreissl-Dörfler, Kuhne, Lambrinidis, Le Foll, Leichtfried, Liberadzki, Lienemann, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Segelström, Simpson, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Foltyn-Kubicka, Janowski, Kristovskis, Kuc, La Russa, Libicki, Masiel, Muscardini, Ó Neachtain, Roszkowski, Rutowicz, Ryan, Szymański

Verts/ALE: Aubert, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 54

GUE/NGL: Figueiredo, Guerreiro, Holm, Liotard, Meijer, Pafilis, Seppänen, Svensson, Triantaphyllides

IND/DEM: Batten, Bonde, Clark, Coûteaux, Goudin, Lundgren

NI: Chruszcz, Claeys, Dillen, Giertych, Gollnisch, Helmer, Lang, Le Pen Marine, Le Rachinel, Martinez, Mote, Romagnoli, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Ashworth, Atkins, Bowis, Bradbourn, Bushill-Matthews, Callanan, Chichester, Deva, Dover, Elles, Evans Jonathan, Harbour, Heaton-Harris, Jackson, Kamall, Kirkhope, McMillan-Scott, Parish, Pomés Ruiz, Purvis, Stevenson, Sturdy, Tannock, Van Orden

Verts/ALE: Schlyter

Abstention: 8

GUE/NGL: de Brún, McDonald

IND/DEM: Krupa

NI: Baco

UEN: Camre, Kamiński, Piotrowski

Verts/ALE: van Buitenen

24.   Report: Seppänen A6-0397/2006

Amendment 27

For: 250

ALDE: Andrejevs, Andria, Attwooll, Cocilovo, Costa, Davies, Duff, Ek, Geremek, Guardans Cambó, Hall, Harkin, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kułakowski, Lax, Ludford, Lynne, Matsakis, Newton Dunn, Onyszkiewicz, Piskorski, Prodi, Resetarits, Riis-Jørgensen, Sbarbati, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Van Hecke, Veraldi, Virrankoski, Wallis

GUE/NGL: Agnoletto, Aita, Catania, de Brún, McDonald, Meijer, Musacchio, Papadimoulis, Pflüger, Portas, Triantaphyllides, Wagenknecht

IND/DEM: Clark, Goudin, Krupa, Sinnott, Tomczak

NI: Battilocchio, Chruszcz, De Michelis, Giertych, Martin Hans-Peter, Wojciechowski Bernard Piotr

PPE-DE: Doyle, Karas, Mauro, Papastamkos, Pirker, Rack, Rübig, Schierhuber, Seeber, Seeberg, Škottová

PSE: Arif, Ayala Sender, Badia I Cutchet, Batzeli, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bourzai, Bullmann, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Dobolyi, Douay, Dührkop Dührkop, Ettl, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Goebbels, Gomes, Grabowska, Grech, Groote, Gurmai, Guy-Quint, Hänsch, Hamon, Hazan, Hedh, Hedkvist Petersen, Honeyball, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Kuhne, Lambrinidis, Le Foll, Leichtfried, Lienemann, McAvan, McCarthy, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rocard, Rosati, Rothe, Rouček, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Schulz, Segelström, Simpson, Siwiec, Skinner, Sornosa Martínez, Stihler, Stockmann, Swoboda, Szejna, Tarabella, Tarand, Thomsen, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Camre, Kuc

Verts/ALE: Aubert, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Hudghton, Isler Béguin, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 271

ALDE: Beaupuy, Carlshamre, Cavada, Chatzimarkakis, Cornillet, Deprez, De Sarnez, Drčar Murko, Fourtou, Gibault, Griesbeck, Hennis-Plasschaert, Krahmer, Laperrouze, Maaten, Manders, Morillon, Mulder, Polfer, Ries, Schmidt Olle, Schuth

GUE/NGL: Brie, Flasarová, Henin, Holm, Kaufmann, Liotard, Maštálka, Meyer Pleite, Pafilis, Ransdorf, Remek, Seppänen, Svensson, Wurtz, Zimmer

IND/DEM: Belder, Blokland, Bonde, Lundgren

NI: Bobošíková, Claeys, Dillen, Mote, Mussolini, Romagnoli, Schenardi

PPE-DE: Albertini, Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Bradbourn, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Busuttil, Buzek, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Dover, Duchoň, Duka-Zólyomi, Ebner, Ehler, Elles, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Garriga Polledo, Gauzès, Gawronski, Gewalt, Glattfelder, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Heaton-Harris, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McMillan-Scott, Mann Thomas, Mantovani, Mathieu, Mato Adrover, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Parish, Pieper, Pīks, Pinheiro, Pleštinská, Podestà, Pomés Ruiz, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Radwan, Reul, Roithová, Rudi Ubeda, Saïfi, Salafranca Sánchez-Neyra, Samaras, Sartori, Schnellhardt, Schöpflin, Schwab, Siekierski, Silva Peneda, Sommer, Spautz, Šťastný, Stevenson, Strejček, Stubb, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Trakatellis, Ulmer, Vakalis, Van Orden, Varela Suanzes-Carpegna, Varvitsiotis, Vatanen, Vidal-Quadras, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zvěřina

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Czarnecki Marek Aleksander, Czarnecki Ryszard, Foltyn-Kubicka, Janowski, Kamiński, Kristovskis, La Russa, Libicki, Masiel, Muscardini, Ó Neachtain, Roszkowski, Rutowicz, Ryan, Wojciechowski Janusz

Abstention: 9

GUE/NGL: Figueiredo, Guerreiro

NI: Baco, Belohorská

PSE: Estrela, Fazakas, Roure, Titley

Verts/ALE: van Buitenen

Corrections to votes

For

Martine Roure

Against

Karin Riis-Jørgensen

25.   Report: Morgan A6-0426/2006

Amendment 9

For: 224

ALDE: Andrejevs, Beaupuy, Cavada, Chatzimarkakis, Costa, Deprez, De Sarnez, Fourtou, Gibault, Griesbeck, Jensen, Laperrouze, Maaten, Manders, Morillon, Mulder, Onyszkiewicz, Piskorski, Ries, Riis-Jørgensen, Sbarbati, Schmidt Olle, Schuth, Szent-Iványi, Virrankoski

GUE/NGL: Henin, Wurtz

IND/DEM: Belder, Blokland, Krupa, Sinnott, Tomczak

NI: Chruszcz, Giertych, Mussolini, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Ayuso, Bachelot-Narquin, Bauer, Beazley, Becsey, Berend, Böge, Bonsignore, Bowis, Braghetto, Brejc, Březina, Bushill-Matthews, Busuttil, Buzek, Callanan, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Dover, Duka-Zólyomi, Ebner, Ehler, Elles, Evans Jonathan, Fatuzzo, Ferber, Fjellner, Florenz, Fontaine, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Garriga Polledo, Gauzès, Gawronski, Gewalt, Glattfelder, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Heaton-Harris, Herranz García, Hieronymi, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Kamall, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Langen, Langendries, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McMillan-Scott, Mann Thomas, Mantovani, Mathieu, Mato Adrover, Mauro, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Parish, Pieper, Pīks, Pinheiro, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Radwan, Reul, Roithová, Rudi Ubeda, Saïfi, Salafranca Sánchez-Neyra, Schnellhardt, Schöpflin, Schwab, Siekierski, Silva Peneda, Sonik, Spautz, Šťastný, Stevenson, Stubb, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Ulmer, Van Orden, Vatanen, Vidal-Quadras, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Záborská, Zaleski, Zappalà

PSE: Glante, Goebbels, Maňka, Vaugrenard, Vergnaud

UEN: Camre, Czarnecki Marek Aleksander

Against: 228

ALDE: Andria, Attwooll, Carlshamre, Davies, Drčar Murko, Duff, Ek, Guardans Cambó, Hall, Harkin, in 't Veld, Jäätteenmäki, Lax, Ludford, Lynne, Matsakis, Polfer, Prodi, Resetarits, Sterckx, Susta, Toia, Veraldi, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Figueiredo, Flasarová, Guerreiro, Holm, Liotard, McDonald, Maštálka, Meijer, Meyer Pleite, Musacchio, Pafilis, Pflüger, Ransdorf, Remek, Seppänen, Svensson, Triantaphyllides, Wagenknecht

IND/DEM: Batten, Bonde, Clark, Goudin, Lundgren

NI: Battilocchio, De Michelis, Martin Hans-Peter

PPE-DE: Doyle, Hennicot-Schoepges, Higgins, Karas, Mavrommatis, Panayotopoulos-Cassiotou, Papastamkos, Rack, Rübig, Samaras, Schierhuber, Seeber, Seeberg, Trakatellis, Vakalis, Varvitsiotis

PSE: Arif, Ayala Sender, Badia I Cutchet, Batzeli, van den Berg, Berger, Berlinguer, Berman, Bösch, Bourzai, Bullmann, Busquin, Calabuig Rull, Carlotti, Carnero González, Casaca, Cashman, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, De Keyser, De Rossa, Désir, De Vits, Dobolyi, Dührkop Dührkop, Estrela, Ettl, Fernandes, Ferreira Elisa, García Pérez, Gebhardt, Geringer de Oedenberg, Gomes, Grabowska, Grech, Groote, Gurmai, Hänsch, Hedh, Hedkvist Petersen, Honeyball, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Kuhne, Lambrinidis, Leichtfried, McAvan, Madeira, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Morgan, Moscovici, Muscat, Myller, Napoletano, Obiols i Germà, Occhetto, Paasilinna, Pahor, Paleckis, Panzeri, Piecyk, Pinior, Pittella, Pleguezuelos Aguilar, Poignant, Prets, Rapkay, Riera Madurell, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Schaldemose, Scheele, Schulz, Segelström, Siwiec, Skinner, Sornosa Martínez, Stockmann, Szejna, Tarabella, Tarand, Thomsen, Titley, Tzampazi, Van Lancker, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Aylward, Crowley, Janowski, Kristovskis, Kuc, Masiel, Ó Neachtain, Rutowicz

Verts/ALE: Aubert, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Abstention: 58

ALDE: Cocilovo, Geremek, Krahmer, Kułakowski, Newton Dunn, Savi, Staniszewska, Takkula, Väyrynen

GUE/NGL: Kaufmann

NI: Baco, Bobošíková, Claeys, Martinez, Mote, Romagnoli, Schenardi

PPE-DE: Belet, Brepoels, Duchoň, Fajmon, Mitchell, Škottová, Strejček, Vlasák, Wijkman, Zahradil, Zvěřina

PSE: Berès, Capoulas Santos, Castex, Cottigny, Douay, Ferreira Anne, Fruteau, Guy-Quint, Hamon, Hazan, Le Foll, Lienemann, Navarro, Patrie, Peillon, Reynaud, Savary, Schapira, Trautmann

UEN: Berlato, Bielan, Borghezio, Czarnecki Ryszard, Foltyn-Kubicka, Kamiński, Libicki, Muscardini, Roszkowski, Wojciechowski Janusz

Verts/ALE: van Buitenen

Corrections to votes

For

Corien Wortmann-Kool

Against

Jens-Peter Bonde, Carlos Coelho, Rodi Kratsa-Tsagaropoulou

Abstention

Harlem Désir, Marie-Arlette Carlotti, Bernard Poignant, Kader Arif, Bernadette Bourzai, Simon Busuttil

26.   Report: Morgan A6-0426/2006

Paragraph 37/1

For: 479

ALDE: Andrejevs, Attwooll, Beaupuy, Budreikaitė, Carlshamre, Cavada, Chatzimarkakis, Cocilovo, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Ek, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Krahmer, Kułakowski, Laperrouze, Lax, Ludford, Lynne, Maaten, Manders, Matsakis, Morillon, Mulder, Newton Dunn, Onyszkiewicz, Piskorski, Polfer, Prodi, Resetarits, Ries, Savi, Sbarbati, Schmidt Olle, Schuth, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Veraldi, Virrankoski, Wallis

GUE/NGL: Agnoletto, Aita, Catania, de Brún, Flasarová, Holm, Kaufmann, McDonald, Maštálka, Meijer, Meyer Pleite, Musacchio, Pflüger, Ransdorf, Remek, Seppänen, Svensson, Triantaphyllides, Wagenknecht, Wurtz

IND/DEM: Belder, Blokland, Krupa, Sinnott, Tomczak

NI: Battilocchio, Belohorská, Chruszcz, Claeys, De Michelis, Giertych, Martin Hans-Peter, Mussolini, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Ayuso, Bachelot-Narquin, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Braghetto, Brejc, Brepoels, Březina, Bushill-Matthews, Buzek, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Dover, Doyle, Duka-Zólyomi, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fjellner, Florenz, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, García-Margallo y Marfil, Garriga Polledo, Gauzès, Gewalt, Glattfelder, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Hennicot-Schoepges, Herranz García, Hieronymi, Higgins, Hökmark, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Langen, Lauk, Lechner, Lehne, Lewandowski, Liese, Lulling, Maat, McMillan-Scott, Mann Thomas, Mantovani, Mathieu, Mato Adrover, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Panayotopoulos-Cassiotou, Papastamkos, Parish, Pieper, Pīks, Pinheiro, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Reul, Roithová, Rudi Ubeda, Rübig, Saïfi, Salafranca Sánchez-Neyra, Samaras, Schnellhardt, Schöpflin, Schwab, Seeber, Siekierski, Silva Peneda, Sonik, Spautz, Šťastný, Stevenson, Stubb, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Trakatellis, Ulmer, Vakalis, Van Orden, Varvitsiotis, Vatanen, Vidal-Quadras, Vlasto, Weber Manfred, Weisgerber, Wieland, Wijkman, von Wogau, Wortmann-Kool, Zaleski, Zappalà

PSE: Arif, Ayala Sender, Badia I Cutchet, Batzeli, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bourzai, Bullmann, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Dobolyi, Douay, Dührkop Dührkop, Estrela, Ettl, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Goebbels, Gomes, Grabowska, Grech, Groote, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Kuhne, Lambrinidis, Le Foll, Leichtfried, Lienemann, McAvan, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pittella, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Schulz, Segelström, Simpson, Siwiec, Skinner, Sornosa Martínez, Stockmann, Swoboda, Szejna, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Czarnecki Ryszard, Foltyn-Kubicka, Janowski, Kamiński, Kristovskis, Kuc, La Russa, Libicki, Masiel, Ó Neachtain, Roszkowski, Rutowicz, Wojciechowski Janusz

Verts/ALE: Aubert, Bennahmias, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 16

ALDE: Andria

GUE/NGL: Brie, Henin, Pafilis

IND/DEM: Batten, Clark, Goudin, Lundgren

NI: Bobošíková

PPE-DE: Duchoň, Seeberg, Škottová, Strejček, Vlasák, Zahradil, Zvěřina

Abstention: 8

GUE/NGL: Figueiredo, Guerreiro, Liotard

NI: Martinez, Romagnoli, Schenardi

PPE-DE: Schierhuber

Verts/ALE: van Buitenen

Corrections to votes

For

Jens-Peter Bonde

27.   Report: Morgan A6-0426/2006

Paragraph 37/2

For: 260

ALDE: Andrejevs, Attwooll, Beaupuy, Budreikaitė, Carlshamre, Cavada, Cocilovo, Costa, Davies, Deprez, De Sarnez, Drčar Murko, Duff, Ek, Fourtou, Geremek, Gibault, Griesbeck, Guardans Cambó, Hall, Harkin, in 't Veld, Jäätteenmäki, Jensen, Juknevičienė, Kułakowski, Laperrouze, Lax, Lynne, Maaten, Manders, Matsakis, Morillon, Mulder, Newton Dunn, Onyszkiewicz, Piskorski, Polfer, Prodi, Resetarits, Ries, Savi, Sbarbati, Schmidt Olle, Staniszewska, Sterckx, Susta, Szent-Iványi, Takkula, Toia, Väyrynen, Veraldi, Virrankoski, Wallis

GUE/NGL: Agnoletto, Aita, Brie, Catania, de Brún, Guerreiro, Henin, Holm, McDonald, Musacchio, Ransdorf, Remek, Svensson

NI: Battilocchio, Belohorská, De Michelis, Martin Hans-Peter, Mussolini

PPE-DE: Bachelot-Narquin, Brepoels, Doyle, Higgins, Hökmark, Liese, Panayotopoulos-Cassiotou, Papastamkos, Saïfi, Schierhuber, Seeberg, Sonik, Wijkman

PSE: Arif, Ayala Sender, Badia I Cutchet, Batzeli, Berès, van den Berg, Berger, Berlinguer, Berman, Bösch, Bourzai, Bullmann, Busquin, Calabuig Rull, Capoulas Santos, Carlotti, Carnero González, Casaca, Cashman, Castex, Cercas, Chiesa, Christensen, Corbett, Corbey, Correia, Cottigny, De Keyser, De Rossa, Désir, De Vits, Douay, Dührkop Dührkop, Ettl, Fazakas, Fernandes, Ferreira Anne, Ferreira Elisa, Fruteau, García Pérez, Gebhardt, Geringer de Oedenberg, Glante, Goebbels, Gomes, Grech, Groote, Gurmai, Guy-Quint, Hänsch, Hamon, Haug, Hazan, Hedh, Hedkvist Petersen, Herczog, Honeyball, Hughes, Hutchinson, Jöns, Jørgensen, Kindermann, Koterec, Kuhne, Lambrinidis, Le Foll, Leichtfried, Lienemann, McAvan, Madeira, Maňka, Mann Erika, Martin David, Martínez Martínez, Mastenbroek, Matsouka, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Moreno Sánchez, Morgan, Moscovici, Muscat, Myller, Napoletano, Navarro, Obiols i Germà, Occhetto, Paasilinna, Pahor, Paleckis, Panzeri, Patrie, Peillon, Piecyk, Pittella, Poignant, Prets, Rapkay, Reynaud, Riera Madurell, Rosati, Rothe, Rouček, Roure, Sacconi, Sakalas, Saks, Salinas García, Sánchez Presedo, dos Santos, Savary, Schaldemose, Schapira, Scheele, Schulz, Segelström, Simpson, Siwiec, Skinner, Sornosa Martínez, Stockmann, Swoboda, Szejna, Tarabella, Tarand, Thomsen, Titley, Trautmann, Tzampazi, Van Lancker, Vaugrenard, Vergnaud, Vincenzi, Walter, Weiler, Westlund, Wiersma, Willmott, Yañez-Barnuevo García, Zingaretti

UEN: Kuc

Verts/ALE: Aubert, Bennahmias, Breyer, Buitenweg, Cohn-Bendit, Cramer, Evans Jill, Frassoni, Graefe zu Baringdorf, de Groen-Kouwenhoven, Harms, Hassi, Horáček, Isler Béguin, Kallenbach, Kusstatscher, Lagendijk, Lambert, Lichtenberger, Lipietz, Lucas, Özdemir, Onesta, Romeva i Rueda, Rühle, Schlyter, Schroedter, Smith, Staes, Trüpel, Turmes, Voggenhuber, Ždanoka

Against: 236

ALDE: Andria, Chatzimarkakis, Krahmer, Schuth

GUE/NGL: Figueiredo, Kaufmann, Liotard, Maštálka, Meijer, Meyer Pleite, Pafilis, Pflüger, Seppänen, Triantaphyllides, Wagenknecht, Wurtz

IND/DEM: Batten, Belder, Blokland, Clark, Goudin, Krupa, Lundgren, Sinnott, Tomczak

NI: Bobošíková, Chruszcz, Claeys, Giertych, Romagnoli, Schenardi, Wojciechowski Bernard Piotr

PPE-DE: Albertini, Andrikienė, Antoniozzi, Ashworth, Atkins, Audy, Ayuso, Barsi-Pataky, Bauer, Beazley, Becsey, Belet, Berend, Böge, Bonsignore, Bowis, Braghetto, Brejc, Březina, Bushill-Matthews, Buzek, Casa, Casini, Caspary, Castiglione, del Castillo Vera, Cederschiöld, Chichester, Chmielewski, Coelho, Daul, De Blasio, Dehaene, Demetriou, Descamps, Deß, Deva, De Veyrac, Díaz de Mera García Consuegra, Dombrovskis, Doorn, Dover, Duchoň, Duka-Zólyomi, Ebner, Elles, Evans Jonathan, Fajmon, Fatuzzo, Ferber, Fjellner, Florenz, Fraga Estévez, Freitas, Gahler, Gál, Gaľa, Galeote, García-Margallo y Marfil, Garriga Polledo, Gauzès, Gewalt, Glattfelder, Gomolka, Graça Moura, Gräßle, de Grandes Pascual, Grosch, Grossetête, Guellec, Gutiérrez-Cortines, Gyürk, Handzlik, Harbour, Hennicot-Schoepges, Herranz García, Hieronymi, Hoppenstedt, Hudacký, Hybášková, Ibrisagic, Itälä, Iturgaiz Angulo, Jackson, Jałowiecki, Járóka, Jeggle, Jordan Cizelj, Kaczmarek, Karas, Kauppi, Kelam, Kirkhope, Klamt, Klaß, Klich, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Kudrycka, Langen, Lauk, Lechner, Lehne, Lewandowski, Lulling, Maat, McMillan-Scott, Mann Thomas, Mantovani, Mathieu, Mato Adrover, Mauro, Mavrommatis, Mayer, Mayor Oreja, Méndez de Vigo, Mikolášik, Millán Mon, Mitchell, Musotto, Nassauer, van Nistelrooij, Novak, Olajos, Olbrycht, Oomen-Ruijten, Őry, Pack, Parish, Pieper, Pīks, Pinheiro, Pleštinská, Podestà, Posdorf, Posselt, Protasiewicz, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Roithová, Rudi Ubeda, Rübig, Salafranca Sánchez-Neyra, Samaras, Schnellhardt, Schöpflin, Schwab, Seeber, Siekierski, Silva Peneda, Škottová, Spautz, Šťastný, Stevenson, Strejček, Stubb, Sturdy, Sudre, Surján, Szájer, Tajani, Tannock, Thyssen, Toubon, Ulmer, Vakalis, Van Orden, Varvitsiotis, Vlasák, Vlasto, Weber Manfred, Weisgerber, Wieland, von Wogau, Wortmann-Kool, Záborská, Zahradil, Zaleski, Zappalà, Zvěřina

UEN: Angelilli, Aylward, Berlato, Bielan, Borghezio, Camre, Crowley, Czarnecki Marek Aleksander, Foltyn-Kubicka, Janowski, Kamiński, Kristovskis, La Russa, Libicki, Masiel, Ó Neachtain, Roszkowski, Rutowicz, Wojciechowski Janusz

Abstention: 3

GUE/NGL: Flasarová

NI: Martinez

Verts/ALE: van Buitenen

Corrections to votes

For

Jens-Peter Bonde

28.   RC — B6-0647/2006 — Burma

Resolution

For: 65

ALDE: Beaupuy, Matsakis, Onyszkiewicz

GUE/NGL: Catania, Meijer, Pflüger

IND/DEM: Bonde, Krupa, Sinnott

NI: Martin Hans-Peter, Wojciechowski Bernard Piotr

PPE-DE: Andrikienė, Bauer, Bowis, Březina, Chichester, Daul, Deß, Deva, Duka-Zólyomi, Gahler, Gauzès, Gomolka, Grossetête, Kaczmarek, Karas, Kratsa-Tsagaropoulou, Lulling, Mann Thomas, Mathieu, Mavrommatis, Mayer, Pleštinská, Posselt, Purvis, Roithová, Sudre, Tajani, Tannock, Vatanen, Wieland, Záborská, Zaleski

PSE: Arif, Ayala Sender, Berès, Bourzai, Bullmann, Casaca, Cashman, Geringer de Oedenberg, Martínez Martínez, Pinior, Roure, Sakalas, Sánchez Presedo, Scheele, Tarabella, Trautmann

UEN: Libicki, Rutowicz

Verts/ALE: Lambert, Onesta, Romeva i Rueda, Smith

---

TEXTS ADOPTED

P6_TA(2006)0570

Draft general budget for 2007, amended by the Council (all sections)

European Parliament resolution on the draft general budget of the European Union for the financial year 2007 as modified by the Council (all sections) (15637/2006 — C6-0442/2006 — 2006/2018(BUD) — 2006/2018B(BUD)) and Letters of Amendment Nos 1/2007 (SEC(2006)0762), 2/2007 (13886/2006 — C6-0341/2006) and 3/2007 (15636/2006 — C6-0443/2006) to the draft general budget of the European Union for the financial year 2007

The European Parliament,

| — | having regard to Article 272 of the EC Treaty and Article 177 of the Euratom Treaty, |
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—

having regard to Article 272 of the EC Treaty and Article 177 of the Euratom Treaty,

| — | having regard to Council Decision 2000/597/EC, Euratom of 29 September 2000 on the system of the European Communities' own resources (1), |
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—

having regard to Council Decision 2000/597/EC, Euratom of 29 September 2000 on the system of the European Communities' own resources (1),

| — | having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), |
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—

having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2),

| — | having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3), |
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—

having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3),

| — | having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (4), |
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—

having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (4),

| — | having regard to the draft general budget of the European Union for the financial year 2007, which the Council established on 14 July 2006 (C6-0299/2006), |
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—

having regard to the draft general budget of the European Union for the financial year 2007, which the Council established on 14 July 2006 (C6-0299/2006),

| — | having regard to its resolution of 26 October 2006 on the draft general budget of the European Union for the financial year 2007, Section III — Commission (C6-0299/2006) and Letter of amendment No 1/2007 (SEC(2006)0762) to the draft general budget of the European Union for the financial year 2007 (5), |
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—

having regard to its resolution of 26 October 2006 on the draft general budget of the European Union for the financial year 2007, Section III — Commission (C6-0299/2006) and Letter of amendment No 1/2007 (SEC(2006)0762) to the draft general budget of the European Union for the financial year 2007 (5),

| — | having regard to its resolution of 26 October 2006 on the draft general budget of the European Union for the financial year 2007, Section I — European Parliament, Section II — Council, Section IV — Court of Justice, Section V — Court of Auditors, Section VI — European Economic and Social Committee, Section VII — Committee of the Regions, Section VIII (A) — European Ombudsman, Section VIII (B) — European Data Protection Supervisor (C6-0300/2006) (6), |
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—

having regard to its resolution of 26 October 2006 on the draft general budget of the European Union for the financial year 2007, Section I — European Parliament, Section II — Council, Section IV — Court of Justice, Section V — Court of Auditors, Section VI — European Economic and Social Committee, Section VII — Committee of the Regions, Section VIII (A) — European Ombudsman, Section VIII (B) — European Data Protection Supervisor (C6-0300/2006) (6),

| — | having regard to Letter of amendment No 2/2007 (13886/2006 — C6-0341/2006) to the draft general budget of the European Union for the financial year 2007, |
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—

having regard to Letter of amendment No 2/2007 (13886/2006 — C6-0341/2006) to the draft general budget of the European Union for the financial year 2007,

| — | having regard to Letter of amendment No 3/2007 (15636/2006 — C6-0443/2006) to the draft general budget of the European Union for the financial year 2007, |
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—

having regard to Letter of amendment No 3/2007 (15636/2006 — C6-0443/2006) to the draft general budget of the European Union for the financial year 2007,

| — | having regard to its amendments and proposed modifications of 26 October 2006 to the draft general budget (7), |
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—

having regard to its amendments and proposed modifications of 26 October 2006 to the draft general budget (7),

| — | having regard to the Council's modifications to the amendments and proposed modifications adopted by Parliament to the draft general budget (15637/2006 — C6-0442/2006), |
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—

having regard to the Council's modifications to the amendments and proposed modifications adopted by Parliament to the draft general budget (15637/2006 — C6-0442/2006),

| — | having regard to the results of the conciliation of 21 November 2006 and the subsequent meeting of 28 November 2006, |
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—

having regard to the results of the conciliation of 21 November 2006 and the subsequent meeting of 28 November 2006,

| — | having regard to the statement by the Council on the outcome of its deliberations on the amendments and proposed modifications adopted by Parliament to the draft general budget, |
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—

having regard to the statement by the Council on the outcome of its deliberations on the amendments and proposed modifications adopted by Parliament to the draft general budget,

| — | having regard to Rule 69 and Annex IV of its Rules of Procedure, |
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—

having regard to Rule 69 and Annex IV of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgets (A6-0451/2006), |
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—

having regard to the report of the Committee on Budgets (A6-0451/2006),

| A. | whereas it has followed a consistent strategy throughout its work on the 2007 budget, |
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A.

whereas it has followed a consistent strategy throughout its work on the 2007 budget,

| B. | whereas this strategy was based on the three pillars set out in its resolution of 18 May 2006 on the 2007 budget: the Commission's Annual Policy Strategy report (APS) (8), namely: setting policy priorities; delivering value for money; preparing for the 2008/2009 review, |
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B.

whereas this strategy was based on the three pillars set out in its resolution of 18 May 2006 on the 2007 budget: the Commission's Annual Policy Strategy report (APS) (8), namely: setting policy priorities; delivering value for money; preparing for the 2008/2009 review,

| C. | whereas this approach highlighted the major challenges and opportunities for the European Union in relation to the ongoing process of globalisation, and raised fundamental questions about the nature of the EU's strategic partnerships with partner countries and regions around the world, |
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C.

whereas this approach highlighted the major challenges and opportunities for the European Union in relation to the ongoing process of globalisation, and raised fundamental questions about the nature of the EU's strategic partnerships with partner countries and regions around the world,

| D. | whereas this clear, consistent, strategic vision delivered results for Parliament in its negotiations with the Council on Parliament's key priorities, including with regard to the Financial Regulation, |
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D.

whereas this clear, consistent, strategic vision delivered results for Parliament in its negotiations with the Council on Parliament's key priorities, including with regard to the Financial Regulation,

| E. | whereas the results obtained on Parliament's priorities, on delivering value for money, and on the Financial Regulation will bring real benefits to Europe's citizens in terms of more efficient and more effective spending and will contribute to Parliament's continuing efforts to achieve a positive statement of assurance (DAS) for EU spending, |
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E.

whereas the results obtained on Parliament's priorities, on delivering value for money, and on the Financial Regulation will bring real benefits to Europe's citizens in terms of more efficient and more effective spending and will contribute to Parliament's continuing efforts to achieve a positive statement of assurance (DAS) for EU spending,

General considerations: achieving priorities, delivering value for money, preparing for the 2008/2009 review

Achieving priorities

| 1. | Recalls that the strategy and political priorities for Parliament's approach to the 2007 budget were set out in its abovementioned APS resolution of 18 May 2006, in particular paragraphs 5 and 6; considers that the APS resolution was therefore an essential means for setting out its strategy at an early stage in the annual budget procedure; |
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1.

Recalls that the strategy and political priorities for Parliament's approach to the 2007 budget were set out in its abovementioned APS resolution of 18 May 2006, in particular paragraphs 5 and 6; considers that the APS resolution was therefore an essential means for setting out its strategy at an early stage in the annual budget procedure;

| 2. | Welcomes the results which it has achieved on its broad priorities and on the key issues in negotiations with the Council in the trialogue and conciliation procedure in advance of Parliament's second reading on the budget; |
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2.

Welcomes the results which it has achieved on its broad priorities and on the key issues in negotiations with the Council in the trialogue and conciliation procedure in advance of Parliament's second reading on the budget;

| 3. | On the overall level of payments, rejects the approach taken by Council of arbitrary, across-the-board cuts in payment levels; considers that payments should be directed to those priority programmes on which efficient and effective spending can be ensured; agrees in the context of an overall deal with Council on a final level of payments of 115 500 million euro, which equates to 0,99 % of EU GNI; |
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3.

On the overall level of payments, rejects the approach taken by Council of arbitrary, across-the-board cuts in payment levels; considers that payments should be directed to those priority programmes on which efficient and effective spending can be ensured; agrees in the context of an overall deal with Council on a final level of payments of 115 500 million euro, which equates to 0,99 % of EU GNI;

| 4. | Recalls its declaration on payments reminding that Points 12 and 13 of the IIA of 17 May 2006 set absolute amounts, representing annual ceilings on expenditure under the general budgets, in the context of the MFF; therefore, the respect of the annual ceilings fixed by the MFF 2007-2013 constitutes automatic acceptance of the rates of increase for non-compulsory expenditure in the annual budgets; reminds the Council that in case these articles are not respected, Parliament will consider this as a violation of the IIA; |
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4.

Recalls its declaration on payments reminding that Points 12 and 13 of the IIA of 17 May 2006 set absolute amounts, representing annual ceilings on expenditure under the general budgets, in the context of the MFF; therefore, the respect of the annual ceilings fixed by the MFF 2007-2013 constitutes automatic acceptance of the rates of increase for non-compulsory expenditure in the annual budgets; reminds the Council that in case these articles are not respected, Parliament will consider this as a violation of the IIA;

| 5. | Notes in this context that Parliament's specialised committees were modest in their demands for increased payment appropriations in the establishment of Parliament's first reading on the 2007 budget given that the main new legal bases have been agreed during the course of 2006 with a view to new EU spending programmes beginning in 2007; |
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5.

Notes in this context that Parliament's specialised committees were modest in their demands for increased payment appropriations in the establishment of Parliament's first reading on the 2007 budget given that the main new legal bases have been agreed during the course of 2006 with a view to new EU spending programmes beginning in 2007;

| 6. | On the overall level of commitment appropriations, notes that Parliament has taken a prudent approach in line with that of the specialised committees and has not requested the use of the flexibility instrument; sets commitment appropriations at or close to the ceilings in Annex I of the IIA of 17 May 2006 for the majority of the headings of the 2007 budget; |
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6.

On the overall level of commitment appropriations, notes that Parliament has taken a prudent approach in line with that of the specialised committees and has not requested the use of the flexibility instrument; sets commitment appropriations at or close to the ceilings in Annex I of the IIA of 17 May 2006 for the majority of the headings of the 2007 budget;

| 7. | On the Common Foreign and Security Policy (CFSP), decides to restore commitment appropriations for 2007 to the level foreseen in the Preliminary Draft Budget (PDB) of 159 200 000euro, but expects Council to implement both the spirit and the letter of the IIA of 17 May 2006 as regards CFSP spending and as confirmed in the exchange of letters between Chairmen Brok and Lewandowski and Finnish Minister Wideroos; |
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7.

On the Common Foreign and Security Policy (CFSP), decides to restore commitment appropriations for 2007 to the level foreseen in the Preliminary Draft Budget (PDB) of 159 200 000euro, but expects Council to implement both the spirit and the letter of the IIA of 17 May 2006 as regards CFSP spending and as confirmed in the exchange of letters between Chairmen Brok and Lewandowski and Finnish Minister Wideroos;

Delivering value for money

| 8. | Emphasises that the value for money approach has been an innovative element of the 2007 budgetary procedure with a view to ensuring improved evaluation of EU programmes and scrutiny of budget implementation in line with Parliament's priorities and its institutional prerogatives; notes the joint statement agreed with the Commission on proper budget implementation and emphasises that the overall objective of this exercise is to deliver better value for money to European citizens and to respond to the challenges which the EU faces through the best possible allocation of funds (see attached declaration); |
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8.

Emphasises that the value for money approach has been an innovative element of the 2007 budgetary procedure with a view to ensuring improved evaluation of EU programmes and scrutiny of budget implementation in line with Parliament's priorities and its institutional prerogatives; notes the joint statement agreed with the Commission on proper budget implementation and emphasises that the overall objective of this exercise is to deliver better value for money to European citizens and to respond to the challenges which the EU faces through the best possible allocation of funds (see attached declaration);

| 9. | Recalls its decision to place 30 % of appropriations, totalling over 500 million euro, in reserve on nearly 40 budget lines on which Parliament has had significant concerns about the quality and level of budget implementation on the basis of a thorough examination of the available information sources; welcomes the constructive response of the Commission to the requirements set out by Parliament for the release of these reserves in its budgetary amendments; further to the response from the Commission annexed to its traditional early-November letter of executability, decides to maintain over 8 900 000euro in reserve on 2 budget lines; resolves to continue to monitor closely the quality and level of implementation of spending on these lines during the course of 2007 in line with a declaration on better value for money; |
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9.

Recalls its decision to place 30 % of appropriations, totalling over 500 million euro, in reserve on nearly 40 budget lines on which Parliament has had significant concerns about the quality and level of budget implementation on the basis of a thorough examination of the available information sources; welcomes the constructive response of the Commission to the requirements set out by Parliament for the release of these reserves in its budgetary amendments; further to the response from the Commission annexed to its traditional early-November letter of executability, decides to maintain over 8 900 000euro in reserve on 2 budget lines; resolves to continue to monitor closely the quality and level of implementation of spending on these lines during the course of 2007 in line with a declaration on better value for money;

| 10. | Further welcomes the meeting of 15 November 2006 with the Commissioner for Financial Programming and Budget and the Commission Secretary-General as a strong demonstration of the Commission's commitment to the value for money approach; notes that Parliament's Committee on Budgets will conduct, in the first part of 2007, a hearing on taking forward the value for money approach; |
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10.

Further welcomes the meeting of 15 November 2006 with the Commissioner for Financial Programming and Budget and the Commission Secretary-General as a strong demonstration of the Commission's commitment to the value for money approach; notes that Parliament's Committee on Budgets will conduct, in the first part of 2007, a hearing on taking forward the value for money approach;

| 11. | Recalls the importance attached by Parliament to the achievement of a positive statement of assurance for funds under shared management; underlines its intention to ensure that, in line with the IIA of 17 May 2006, the relevant audit authorities in Member States produce an assessment of the compliance of management and control systems with Community regulations; reiterates that Member States should therefore undertake to produce an annual summary at the appropriate national level of the available audits and declarations; welcomes the recent development in one Member State to consolidate all the separate accounts where EU money is spent under shared management with a view to the subsequent auditing of these figures; considers that a review of the Court of Auditors' methodology for assessing compliance with EU financial rules through a peer review process with other comparable institutions will contribute to improvements in the Court's approach to auditing EU accounts; notes with amazement that no such peer review process has yet been completed; requests this to be done by 31 July 2007; |
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11.

Recalls the importance attached by Parliament to the achievement of a positive statement of assurance for funds under shared management; underlines its intention to ensure that, in line with the IIA of 17 May 2006, the relevant audit authorities in Member States produce an assessment of the compliance of management and control systems with Community regulations; reiterates that Member States should therefore undertake to produce an annual summary at the appropriate national level of the available audits and declarations; welcomes the recent development in one Member State to consolidate all the separate accounts where EU money is spent under shared management with a view to the subsequent auditing of these figures; considers that a review of the Court of Auditors' methodology for assessing compliance with EU financial rules through a peer review process with other comparable institutions will contribute to improvements in the Court's approach to auditing EU accounts; notes with amazement that no such peer review process has yet been completed; requests this to be done by 31 July 2007;

| 12. | On the three new agencies (Chemicals Agency, Gender Institute and Agency on Fundamental Rights), notes the joint declarations agreed between the Parliament, Council and Commission regarding the financing and the financial programming for these agencies in the context of the IIA of 17 May 2006; regarding the existing agencies, decides to restore appropriations in the PDB but place in reserve increases above a reference amount pending a positive evaluation of the performance of the agencies against their final work programmes; notes that these evaluations should be completed in the context of a meeting with the Heads of the agencies in Spring 2007; |
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12.

On the three new agencies (Chemicals Agency, Gender Institute and Agency on Fundamental Rights), notes the joint declarations agreed between the Parliament, Council and Commission regarding the financing and the financial programming for these agencies in the context of the IIA of 17 May 2006; regarding the existing agencies, decides to restore appropriations in the PDB but place in reserve increases above a reference amount pending a positive evaluation of the performance of the agencies against their final work programmes; notes that these evaluations should be completed in the context of a meeting with the Heads of the agencies in Spring 2007;

Preparing for the 2008/2009 review

| 13. | Reiterates its concern that the European Union should develop a more pro-active strategy to engage with the opportunities and challenges of the ongoing process of globalisation; considers that a re-evaluation of the EU's approach to partnerships with third countries and regions is necessary in this context and that use of the term ‘strategic’ should be reserved for the EU's most important partnerships, such as the trans-atlantic partnership with the United States of America; |
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13.

Reiterates its concern that the European Union should develop a more pro-active strategy to engage with the opportunities and challenges of the ongoing process of globalisation; considers that a re-evaluation of the EU's approach to partnerships with third countries and regions is necessary in this context and that use of the term ‘strategic’ should be reserved for the EU's most important partnerships, such as the trans-atlantic partnership with the United States of America;

| 14. | Confirms that the political analysis as prepared by the ‘Temporary Committee on Policy Challenges and Budgetary Means of the Enlarged Union 2007-2013’ and the relevant resolution adopted by Parliament on 8 June 2005 (9) remain the basis for the review and any possible changes of the IIA; considers that the evaluation of the effectiveness and the implementation of the new generation of multiannual programmes and instruments have to be included; |
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14.

Confirms that the political analysis as prepared by the ‘Temporary Committee on Policy Challenges and Budgetary Means of the Enlarged Union 2007-2013’ and the relevant resolution adopted by Parliament on 8 June 2005 (9) remain the basis for the review and any possible changes of the IIA; considers that the evaluation of the effectiveness and the implementation of the new generation of multiannual programmes and instruments have to be included;

| 15. | Notes that the preparatory actions adopted by Parliament as regards business and scientific exchanges with China and India are intended to signal the importance attached by Parliament to developing stronger cooperation with these rapidly developing countries; |
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15.

Notes that the preparatory actions adopted by Parliament as regards business and scientific exchanges with China and India are intended to signal the importance attached by Parliament to developing stronger cooperation with these rapidly developing countries;

| 16. | Considers that a greater degree of transparency should be achieved by the Commission as regards the advantages and disadvantages of working with NGOs in delivering EU development assistance; in this light recommends that a cost-benefit analysis be carried out on the functioning of NGOs; intends to examine further the scope for a greater use of micro-credits in future EU development assistance; |
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16.

Considers that a greater degree of transparency should be achieved by the Commission as regards the advantages and disadvantages of working with NGOs in delivering EU development assistance; in this light recommends that a cost-benefit analysis be carried out on the functioning of NGOs; intends to examine further the scope for a greater use of micro-credits in future EU development assistance;

| 17. | Considers that the Commission should re-examine the nature of the EU's strategic partnerships in a report to be presented by 30 April 2007, defining in particular the meaning of the word strategic, and that this is but one example of the wider need for the European Union clearly to establish its overall policy priorities in a manner that can be effectively communicated to the citizens of Europe; notes that clear policy priorities are a pre-requisite for the allocation of budgetary resources to these priorities; highlights that in its work on the 2007 budget Parliament established its policy priorities early in the procedure and so developed an effective strategy for the 2007 budget; |
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17.

Considers that the Commission should re-examine the nature of the EU's strategic partnerships in a report to be presented by 30 April 2007, defining in particular the meaning of the word strategic, and that this is but one example of the wider need for the European Union clearly to establish its overall policy priorities in a manner that can be effectively communicated to the citizens of Europe; notes that clear policy priorities are a pre-requisite for the allocation of budgetary resources to these priorities; highlights that in its work on the 2007 budget Parliament established its policy priorities early in the procedure and so developed an effective strategy for the 2007 budget;

| 18. | Believes therefore that Parliament should build upon the priority-setting approach taken in the 2007 budgetary procedure, inter alia through a series of hearings on specific policy topics, to define its medium-term policy priorities; considers that, in line with paragraphs 38 to 40 of the APS resolution of 18 May 2006, this should contribute to the development by Parliament of a strategy for the 2008/2009 review; |
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18.

Believes therefore that Parliament should build upon the priority-setting approach taken in the 2007 budgetary procedure, inter alia through a series of hearings on specific policy topics, to define its medium-term policy priorities; considers that, in line with paragraphs 38 to 40 of the APS resolution of 18 May 2006, this should contribute to the development by Parliament of a strategy for the 2008/2009 review;

Horizontal issues and key elements per MFF heading

Horizontal issues

| 19. | On pilot projects and preparatory actions, notes the increased ceilings for new projects set out in the IIA of 17 May 2006 and highlights that these projects allow Parliament to indicate priority areas for developing European policies; decides therefore to propose a number of new projects broadly in line with the priorities set out in paragraph 6 of the APS resolution of 18 May 2006; |
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19.

On pilot projects and preparatory actions, notes the increased ceilings for new projects set out in the IIA of 17 May 2006 and highlights that these projects allow Parliament to indicate priority areas for developing European policies; decides therefore to propose a number of new projects broadly in line with the priorities set out in paragraph 6 of the APS resolution of 18 May 2006;

| 20. | Notes the adoption of the Commission's Letter of amendment No 3/2007 and the elements of the Commission's Letter of amendment No 2/2007 including the provisions relating to classification concerning Hercule II and the European Globalisation Fund; rejects other elements of Letter of amendment 2/2007 and decides to introduce appropriate amounts and budget nomenclature in line with its external priorities; |
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20.

Notes the adoption of the Commission's Letter of amendment No 3/2007 and the elements of the Commission's Letter of amendment No 2/2007 including the provisions relating to classification concerning Hercule II and the European Globalisation Fund; rejects other elements of Letter of amendment 2/2007 and decides to introduce appropriate amounts and budget nomenclature in line with its external priorities;

| 21. | Welcomes the agreement reached to make available an amount of 500 million euro for the European Globalisation Fund budgeted for the year 2007; stresses that the procedure adopted for budgeting the Fund remains in conformity with the provisions of Point 28 of the IIA of 17 May 2006 and reaffirms its view that in accordance with the Agreement the order of the sources used for financing the European Globalisation Fund in a year N is the one resulting from the chronological sequence of availability of the information on margins and cancelled commitments, i.e. firstly, cancelled commitment appropriations from year N - 2, secondly, margin left available in year N - 1, thirdly, cancelled commitment appropriations from year N - 1; welcomes the Commission's view on this issue as expressed in the letter of the Commissioner for Financial Programming and Budget to the President of the European Parliament of 17 November 2006; |
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21.

Welcomes the agreement reached to make available an amount of 500 million euro for the European Globalisation Fund budgeted for the year 2007; stresses that the procedure adopted for budgeting the Fund remains in conformity with the provisions of Point 28 of the IIA of 17 May 2006 and reaffirms its view that in accordance with the Agreement the order of the sources used for financing the European Globalisation Fund in a year N is the one resulting from the chronological sequence of availability of the information on margins and cancelled commitments, i.e. firstly, cancelled commitment appropriations from year N - 2, secondly, margin left available in year N - 1, thirdly, cancelled commitment appropriations from year N - 1; welcomes the Commission's view on this issue as expressed in the letter of the Commissioner for Financial Programming and Budget to the President of the European Parliament of 17 November 2006;

Main elements per IIA heading

Heading 1a — Competitiveness for growth and employment

| 22. | Confirms its conviction expressed in its APS resolution of 18 May 2006 that knowledge, skills, research and development, innovation, information society technologies, and a sustainable transport and energy policy form the basis of a healthy modern economy and are essential for job creation; has therefore decided to reject the Council's approach of reductions in a number of crucial budget lines aiming at improving the competitiveness of the EU's economy; has decided to increase payment appropriations, albeit at a reduced level relative to its first reading, for priority programmes linked to the Lisbon agenda such as the Competitiveness and Innovation Programme (CIP) and the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013); |
| --- | --- |

22.

Confirms its conviction expressed in its APS resolution of 18 May 2006 that knowledge, skills, research and development, innovation, information society technologies, and a sustainable transport and energy policy form the basis of a healthy modern economy and are essential for job creation; has therefore decided to reject the Council's approach of reductions in a number of crucial budget lines aiming at improving the competitiveness of the EU's economy; has decided to increase payment appropriations, albeit at a reduced level relative to its first reading, for priority programmes linked to the Lisbon agenda such as the Competitiveness and Innovation Programme (CIP) and the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013);

| 23. | Is convinced that raising the EU's competitiveness is an essential element of the EU's response to the challenges of globalisation; therefore considers increases in appropriations in heading 1a to be a clear signal of the future direction that EU spending should take; recalls the need for adequate public funding to create the pump-priming effect expected of European Investment Bank cofinancing; awaits with impatience the proposals by the Commission and Council on this subject; stresses that an increase in the long-term subscribed capital would be desirable for the European Investment Fund, both to accompany the introduction of the new mandates (including the CIP) in 2007 and to finance the new technology transfer project operations, as wished by Parliament, the Council or the Commission; |
| --- | --- |

23.

Is convinced that raising the EU's competitiveness is an essential element of the EU's response to the challenges of globalisation; therefore considers increases in appropriations in heading 1a to be a clear signal of the future direction that EU spending should take; recalls the need for adequate public funding to create the pump-priming effect expected of European Investment Bank cofinancing; awaits with impatience the proposals by the Commission and Council on this subject; stresses that an increase in the long-term subscribed capital would be desirable for the European Investment Fund, both to accompany the introduction of the new mandates (including the CIP) in 2007 and to finance the new technology transfer project operations, as wished by Parliament, the Council or the Commission;

| 24. | Stresses the technological and economic significance of the Galileo programme; reminds the Commission that, taken over the period as a whole, this programme is underfinanced in the new MFF and calls on the Commission to seek promptly a workable and lasting solution in order to ensure the success of this programme; |
| --- | --- |

24.

Stresses the technological and economic significance of the Galileo programme; reminds the Commission that, taken over the period as a whole, this programme is underfinanced in the new MFF and calls on the Commission to seek promptly a workable and lasting solution in order to ensure the success of this programme;

Heading 1b — Cohesion for growth and employment

| 25. | Notes that the appropriations for the Structural and Cohesion funds are considerably lower for the 2007-2013 MFF than had been anticipated, largely as a result of the conclusions of the December 2005 European Council; considers therefore that the appropriations in the PDB should be restored; underlines the importance of establishing and approving as quickly as possible national programmes now that the new IIA has been agreed; stresses the importance of cohesion as one of the policy priorities of the EU; on pre-accession assistance, asks the Commission to present a transfer request or amending budget during the course of 2007 if the amounts foreseen in the 2007 Budget turn out to be insufficient; |
| --- | --- |

25.

Notes that the appropriations for the Structural and Cohesion funds are considerably lower for the 2007-2013 MFF than had been anticipated, largely as a result of the conclusions of the December 2005 European Council; considers therefore that the appropriations in the PDB should be restored; underlines the importance of establishing and approving as quickly as possible national programmes now that the new IIA has been agreed; stresses the importance of cohesion as one of the policy priorities of the EU; on pre-accession assistance, asks the Commission to present a transfer request or amending budget during the course of 2007 if the amounts foreseen in the 2007 Budget turn out to be insufficient;

Heading 2 — Preservation and management of natural resources

| 26. | Notes that 2007 will be the first year of full implementation of the most recent reform of the Common Agricultural Policy (CAP); rejects the cuts in compulsory expenditure adopted by the Council in its second reading; rejects the re-classification of several budget lines in the agricultural field from non-compulsory to compulsory expenditure as proposed by the Commission in its Letter of amendment No 2/2007; |
| --- | --- |

26.

Notes that 2007 will be the first year of full implementation of the most recent reform of the Common Agricultural Policy (CAP); rejects the cuts in compulsory expenditure adopted by the Council in its second reading; rejects the re-classification of several budget lines in the agricultural field from non-compulsory to compulsory expenditure as proposed by the Commission in its Letter of amendment No 2/2007;

| 27. | Deplores the fact that in spite of the major needs for restructuring, modernisation and diversification of Europe's rural economy, the resources allocated to rural development are set to fall in real terms; considers that a voluntary transfer of funds from direct agricultural support (CAP ‘first pillar’) to rural development is not the appropriate means for remedying this situation; expresses in this connection strong reservations about the current Commission proposal concerning voluntary modulation of up to 20 % of direct agricultural support to rural development; calls on the Commission to conduct an impact assessment in accordance with the Interinstitutional Agreement of 16 December 2003 between the European Parliament, the Council and the Commission on better law-making (10); reiterates that Parliament still reserves its position concerning voluntary modulation and considers it would be useful to assess it together with the issue of co-financing in the context of the 2008/2009 review as expressed in Declaration No 9 of the IIA of 17 May 2006 concerning voluntary modulation; |
| --- | --- |

27.

Deplores the fact that in spite of the major needs for restructuring, modernisation and diversification of Europe's rural economy, the resources allocated to rural development are set to fall in real terms; considers that a voluntary transfer of funds from direct agricultural support (CAP ‘first pillar’) to rural development is not the appropriate means for remedying this situation; expresses in this connection strong reservations about the current Commission proposal concerning voluntary modulation of up to 20 % of direct agricultural support to rural development; calls on the Commission to conduct an impact assessment in accordance with the Interinstitutional Agreement of 16 December 2003 between the European Parliament, the Council and the Commission on better law-making (10); reiterates that Parliament still reserves its position concerning voluntary modulation and considers it would be useful to assess it together with the issue of co-financing in the context of the 2008/2009 review as expressed in Declaration No 9 of the IIA of 17 May 2006 concerning voluntary modulation;

| 28. | Is disappointed that in spite of the major needs for appropriations for development of a dead vaccine for the Blue Tongue virus (BTV), Council refused to approve this initiative by Parliament in its second reading; welcomes however the Commission's suggestion, expressed in the letter of executability, to incorporate the development of a new vaccine for blue tongue in the Research budget under the IPA projects; emphasises that preference should be given to the development of a multivalent vaccine, which is effective against the different types of the virus; |
| --- | --- |

28.

Is disappointed that in spite of the major needs for appropriations for development of a dead vaccine for the Blue Tongue virus (BTV), Council refused to approve this initiative by Parliament in its second reading; welcomes however the Commission's suggestion, expressed in the letter of executability, to incorporate the development of a new vaccine for blue tongue in the Research budget under the IPA projects; emphasises that preference should be given to the development of a multivalent vaccine, which is effective against the different types of the virus;

| 29. | Endorses and welcomes the joint declaration on Life+ agreed by Parliament, Council and Commission as regards the provision of interim financing in the event of a legislative gap arising between the beginning of 2007 and the final adoption of the legal act; |
| --- | --- |

29.

Endorses and welcomes the joint declaration on Life+ agreed by Parliament, Council and Commission as regards the provision of interim financing in the event of a legislative gap arising between the beginning of 2007 and the final adoption of the legal act;

Heading 3a — Freedom, security and justice

| 30. | Points out that the area of freedom, security and justice, and in particular the promotion of fundamental rights, the definition of a common asylum and migration policy and the fight against terrorism and organised crime, is one of the Union's key priorities; |
| --- | --- |

30.

Points out that the area of freedom, security and justice, and in particular the promotion of fundamental rights, the definition of a common asylum and migration policy and the fight against terrorism and organised crime, is one of the Union's key priorities;

| 31. | Considers that integrated management of the Union's external borders is one of the objectives currently requiring urgent support; accordingly restores the PDB level of commitment appropriations for the Frontex agency, whilst placing some funds in reserve in line with the overall approach on agencies; |
| --- | --- |

31.

Considers that integrated management of the Union's external borders is one of the objectives currently requiring urgent support; accordingly restores the PDB level of commitment appropriations for the Frontex agency, whilst placing some funds in reserve in line with the overall approach on agencies;

Heading 3b — Citizenship

| 32. | Recalls the importance of the principle of subsidiarity in the field of culture, education, training and youth, and believes that respect for pluralism of opinion is the first condition for an effective communication policy in order to bring the EU closer to citizens; considers that better use can be made of new communications media to bring together European policymakers from all political opinion to share ideas; welcomes, in this context, the gratifying development of reporting by Euronews; calls on the Commission to support the broadcasting of Euronews in Arabic, so that both Arabic-speaking members of the community in the EU and people in Arabic-speaking Mediterranean countries can be more effectively reached and informed about Europe's commitment; urges the Commission to clarify the budget implications of, and the actions to be taken under, the Plan D for Democracy Debate and Dialogue; asks the Commission to publish on the Internet the detail of allocation of subsidies (amounts and beneficiaries) for all actions; |
| --- | --- |

32.

Recalls the importance of the principle of subsidiarity in the field of culture, education, training and youth, and believes that respect for pluralism of opinion is the first condition for an effective communication policy in order to bring the EU closer to citizens; considers that better use can be made of new communications media to bring together European policymakers from all political opinion to share ideas; welcomes, in this context, the gratifying development of reporting by Euronews; calls on the Commission to support the broadcasting of Euronews in Arabic, so that both Arabic-speaking members of the community in the EU and people in Arabic-speaking Mediterranean countries can be more effectively reached and informed about Europe's commitment; urges the Commission to clarify the budget implications of, and the actions to be taken under, the Plan D for Democracy Debate and Dialogue; asks the Commission to publish on the Internet the detail of allocation of subsidies (amounts and beneficiaries) for all actions;

| 33. | Highlights the importance it attaches to effective EU communications strategies and specifically to ensuring that on-line mechanisms can be used to the fullest possible extent to facilitate the development of information and ideas linkages between European opinion-formers and stakeholders; notes in this connection the pilot project adopted on pilot information networks (PINs) to improve communication between policymakers, not least between European and national Parliamentarians, considers that this initiative should build upon existing European web portals in a manner that adds value to existing specific actions in this area; |
| --- | --- |

33.

Highlights the importance it attaches to effective EU communications strategies and specifically to ensuring that on-line mechanisms can be used to the fullest possible extent to facilitate the development of information and ideas linkages between European opinion-formers and stakeholders; notes in this connection the pilot project adopted on pilot information networks (PINs) to improve communication between policymakers, not least between European and national Parliamentarians, considers that this initiative should build upon existing European web portals in a manner that adds value to existing specific actions in this area;

| 34. | Calls on the Commission to carry out a survey on the condition and the estimated cost of restoration of the churches in the northern part of Cyprus which have been desecrated, converted into mosques or damaged since the Turkish army took control of the area in 1974, in line with the declaration of the European Parliament on the protection and preservation of the religious heritage in the northern part of Cyprus (11); |
| --- | --- |

34.

Calls on the Commission to carry out a survey on the condition and the estimated cost of restoration of the churches in the northern part of Cyprus which have been desecrated, converted into mosques or damaged since the Turkish army took control of the area in 1974, in line with the declaration of the European Parliament on the protection and preservation of the religious heritage in the northern part of Cyprus (11);

| 35. | Calls into question the quality of the information policy pursued by the Commission; requests the Commission to formally confirm its willingness to represent all institutions and their respective powers adequately; |
| --- | --- |

35.

Calls into question the quality of the information policy pursued by the Commission; requests the Commission to formally confirm its willingness to represent all institutions and their respective powers adequately;

Heading 4 — The EU as a global player

| 36. | Believes that the EU should ensure that it has the wherewithal to act as a global player in keeping with its values; proposes the restoration of PDB figures on a number of lines and increases beyond the PDB in payments and in commitments in some areas with a view to boosting EU activities through Community programmes in the fields of foreign policy, development and humanitarian aid, and business and scientific exchanges with key emerging countries; |
| --- | --- |

36.

Believes that the EU should ensure that it has the wherewithal to act as a global player in keeping with its values; proposes the restoration of PDB figures on a number of lines and increases beyond the PDB in payments and in commitments in some areas with a view to boosting EU activities through Community programmes in the fields of foreign policy, development and humanitarian aid, and business and scientific exchanges with key emerging countries;

| 37. | Highlights the importance of transparency in the use of the funds allocated to Iraq via the two trust funds and recalls the need to monitor closely Iraq's absorption capacity; therefore asks the Commission to provide regular information about the projects financed by the EU and the level of absorption of the funds earmarked for that country; |
| --- | --- |

37.

Highlights the importance of transparency in the use of the funds allocated to Iraq via the two trust funds and recalls the need to monitor closely Iraq's absorption capacity; therefore asks the Commission to provide regular information about the projects financed by the EU and the level of absorption of the funds earmarked for that country;

| 38. | Notes that the new legal framework for the EU's external actions also implies a new budget structure; welcomes in general the simplification of instruments and the new budget nomenclature proposed with it; welcomes also the presentation of a separate instrument on Human Rights and Democracy, which requires a modification of the nomenclature of the PDB; cannot accept, however, that a number of the proposed changes reduce transparency for either sectors and/or regions and countries; has decided the necessary modifications in this respect; calls on the Commission to provide also a breakdown per activity and pre-accession country and, in the interests of transparency, a corresponding nomenclature in all corresponding budget lines; moreover, calls on the Commission to provide a regular monitoring report to the budgetary authority on the progress of both the two new Member States and the pre-accession countries; |
| --- | --- |

38.

Notes that the new legal framework for the EU's external actions also implies a new budget structure; welcomes in general the simplification of instruments and the new budget nomenclature proposed with it; welcomes also the presentation of a separate instrument on Human Rights and Democracy, which requires a modification of the nomenclature of the PDB; cannot accept, however, that a number of the proposed changes reduce transparency for either sectors and/or regions and countries; has decided the necessary modifications in this respect; calls on the Commission to provide also a breakdown per activity and pre-accession country and, in the interests of transparency, a corresponding nomenclature in all corresponding budget lines; moreover, calls on the Commission to provide a regular monitoring report to the budgetary authority on the progress of both the two new Member States and the pre-accession countries;

| 39. | Restores appropriations for the CFSP to the level proposed in the Commission's PDB and Council's DB; underlines that it requests the Council to comply with the letter and the spirit of the IIA of 17 May 2006 as regards the CFSP in line with the exchange of letters between Chairmen Brok and Lewandowski and Minister Wideroos; |
| --- | --- |

39.

Restores appropriations for the CFSP to the level proposed in the Commission's PDB and Council's DB; underlines that it requests the Council to comply with the letter and the spirit of the IIA of 17 May 2006 as regards the CFSP in line with the exchange of letters between Chairmen Brok and Lewandowski and Minister Wideroos;

| 40. | Notes that Parliament's second reading on the 2007 budget leaves no margin remaining under heading 4 and that increased commitments through amending budgets during the course of 2007 would therefore imply recourse to the flexibility instrument; expects to be kept fully informed on a pro-active a priori basis by the Council of the financial needs for the forthcoming Kosovo mission; |
| --- | --- |

40.

Notes that Parliament's second reading on the 2007 budget leaves no margin remaining under heading 4 and that increased commitments through amending budgets during the course of 2007 would therefore imply recourse to the flexibility instrument; expects to be kept fully informed on a pro-active a priori basis by the Council of the financial needs for the forthcoming Kosovo mission;

Heading 5 — Administration

| 41. | On staffing in the EU institutions, notes that the cuts in staffing levels initially proposed by the Council will not be implemented in the 2007 budget; endorses the joint declaration with the Council on recruitment in relation with the 2004 and 2007 enlargements; welcomes the commitment from the Commission to carry out a substantive screening exercise providing a mid-term evaluation of its staff needs and a detailed report on the Commission's staffing of support and coordination functions covering all places of work by 30 April 2007; |
| --- | --- |

41.

On staffing in the EU institutions, notes that the cuts in staffing levels initially proposed by the Council will not be implemented in the 2007 budget; endorses the joint declaration with the Council on recruitment in relation with the 2004 and 2007 enlargements; welcomes the commitment from the Commission to carry out a substantive screening exercise providing a mid-term evaluation of its staff needs and a detailed report on the Commission's staffing of support and coordination functions covering all places of work by 30 April 2007;

| 42. | Decides to release the amounts placed in reserve in its first reading for Commission staff resources on the basis of a letter from the President of the Commission accepting that all four requests of Parliament to release the reserve will be fully met; looks forward to a strategic discussion of staffing in the EU institutions during 2007 in the context of the screening exercise requested by Parliament; |
| --- | --- |

42.

Decides to release the amounts placed in reserve in its first reading for Commission staff resources on the basis of a letter from the President of the Commission accepting that all four requests of Parliament to release the reserve will be fully met; looks forward to a strategic discussion of staffing in the EU institutions during 2007 in the context of the screening exercise requested by Parliament;

Other sections of the 2007 budget

| 43. | Notes that the budgetary increase given to ‘other sections’ in the 2007 Budget, excluding enlargement costs, was only 1,7 % over the 2006 budget; this increase constitutes only a marginal increase and reflects the increase in the inflation rate and the cost for the specific priorities of the institutions and is, in fact, significantly less than that requested in the PDB; decides to retain its original position taken in first reading by restoring 10 630 000euro of the 28 280 000euro reductions made by Council; |
| --- | --- |

43.

Notes that the budgetary increase given to ‘other sections’ in the 2007 Budget, excluding enlargement costs, was only 1,7 % over the 2006 budget; this increase constitutes only a marginal increase and reflects the increase in the inflation rate and the cost for the specific priorities of the institutions and is, in fact, significantly less than that requested in the PDB; decides to retain its original position taken in first reading by restoring 10 630 000euro of the 28 280 000euro reductions made by Council;

| 44. | Reiterates its belief in the implementation of budgetary rigour in all on-going activities ensuring a more effective budgeting and reflecting the current real needs and priorities of the institutions; acknowledges also however that the institutions need to have the necessary tools to function and operate at a reasonably effective level thereby ensuring that the various objectives of the institutions can really be met; regrets therefore the Council's decision not to agree with Parliament's budget for the ‘other sections’ as approved in first reading; |
| --- | --- |

44.

Reiterates its belief in the implementation of budgetary rigour in all on-going activities ensuring a more effective budgeting and reflecting the current real needs and priorities of the institutions; acknowledges also however that the institutions need to have the necessary tools to function and operate at a reasonably effective level thereby ensuring that the various objectives of the institutions can really be met; regrets therefore the Council's decision not to agree with Parliament's budget for the ‘other sections’ as approved in first reading;

| 45. | Requests that the institutions submit by 1 September of each year more informative reports on their activities and their performance; these activity based reports are required to give more and clearer information on how successfully funds are being utilised and to justify the consumption of the budgetary amounts; this would enable the budgetary authority to monitor how and where the increase in funds is rendering the institutions more efficient; |
| --- | --- |

45.

Requests that the institutions submit by 1 September of each year more informative reports on their activities and their performance; these activity based reports are required to give more and clearer information on how successfully funds are being utilised and to justify the consumption of the budgetary amounts; this would enable the budgetary authority to monitor how and where the increase in funds is rendering the institutions more efficient;

| 46. | Reiterates the importance of interinstitutional cooperation which, undoubtedly, can bring about benefits to the institutions involved; in this respect, considers that the joint administrative service of the European Economic and Social Committee and the Committee of the Regions is an effective and dynamic way of avoiding duplication, reducing costs and developing team spirit without reducing the quality and efficiency of the service provided; invites the two Committees to examine — by not later than July 2007 — this co-operation in the light of the co-sharing principle and with a view to taking the necessary measures to ensure that the needs of both institutions are met and that a more equitable governance of the joint service is guaranteed; recommends that an exercise relating to the evaluation of the functions and activities of the European Economic and Social Committee and the Committee of the Regions should be carried out by not later than the end of June 2007; |
| --- | --- |

46.

Reiterates the importance of interinstitutional cooperation which, undoubtedly, can bring about benefits to the institutions involved; in this respect, considers that the joint administrative service of the European Economic and Social Committee and the Committee of the Regions is an effective and dynamic way of avoiding duplication, reducing costs and developing team spirit without reducing the quality and efficiency of the service provided; invites the two Committees to examine — by not later than July 2007 — this co-operation in the light of the co-sharing principle and with a view to taking the necessary measures to ensure that the needs of both institutions are met and that a more equitable governance of the joint service is guaranteed; recommends that an exercise relating to the evaluation of the functions and activities of the European Economic and Social Committee and the Committee of the Regions should be carried out by not later than the end of June 2007;

*

- *

| 47. | Instructs its President to declare that the budget has been finally adopted and arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

47.

Instructs its President to declare that the budget has been finally adopted and arrange for its publication in the Official Journal of the European Union;

| 48. | Instructs its President to forward this resolution and the declarations annexed thereto to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions, the European Ombudsman, the European Data Protection Supervisor, and the other institutions and bodies concerned. |
| --- | --- |

48.

Instructs its President to forward this resolution and the declarations annexed thereto to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions, the European Ombudsman, the European Data Protection Supervisor, and the other institutions and bodies concerned.

---

(1)  OJ L 253, 7.10.2000, p. 42.

(2)  OJ L 248, 16.9.2002, p. 1.

(3)  OJ C 139, 14.6.2006, p. 1.

(4)  OJ C 172, 18.6.1999, p. 1. Agreement as last amended by Decision 2005/708/EC of the European Parliament and of the Council (OJ L 269, 14.10.2005, p. 24).

(5)  Texts Adopted, P6_TA(2006)0451.

(6)  Texts Adopted, P6_TA(2006)0452.

(7)  Texts adopted, Annex.

(8)  Texts adopted, P6_TA(2006)0221.

(9)  OJ C 124 E, 25.5.2006, p. 373.

(10)  OJ C 321, 31.12.2003, p. 1.

(11)  Texts Adopted, 5.9.2006, P6_TA(2006)0335.

ANNEX

Joint declaration on the three new agencies foreseen in the 2007 budget in application of Point 47 of the Interinstitutional Agreement (IIA) of 17 May 2006

The preliminary draft budget for the year 2007 foresees the financing of the following three new agencies:

| — | the European Chemicals Agency |
| --- | --- |

—

the European Chemicals Agency

| — | the European Gender Institute |
| --- | --- |

—

the European Gender Institute

| — | the European Agency on Fundamental Rights. |
| --- | --- |

—

the European Agency on Fundamental Rights.

The European Parliament, the Council and the Commission undertake to build on this first experience with these three new agencies to further develop the procedure foreseen in Point 47 of the IIA when drawing up proposals for the creation of new agencies.

Joint declaration on the financing of the European Chemicals Agency

In May 2006, the Commission presented the first financial programming for the period 2007-2013, in accordance with Point 46 of the Interinstitutional Agreement (IIA) of 17 May 2006 on budgetary discipline and sound financial management.

On the basis of the information transmitted by the Commission on 7 November 2006, the European Parliament and the Council note that the financing of the European Chemicals Agency can be secured within the agreed expenditure ceiling of heading 1a for the period 2007-2013.

Moreover, the European Parliament and the Council note that the amendments to the legal base of the European Chemicals Agency entail a total additional expenditure of 113 600 000euro, in the years 2008 and 2009 under heading 1a of the multi-annual financial framework 2007-2013, compared to the financial programming presented in May 2006 by the Commission and without taking into account possible redeployments within heading 1a.

Should the Commission, be it on request of the Agency or due to any other unforeseen circumstance, intend to deviate from the amounts originally deemed necessary for the financing of the Agency in the period concerned, it shall notify the budgetary authority of this intention and its effect on the remaining margin of the relevant heading of the multi-annual financial framework and indicate the re-programming.

Joint declaration on the financing of the European Gender Institute

In May 2006, the Commission presented the first financial programming for the period 2007-2013, in accordance with Point 46 of the Interinstitutional Agreement (IIA) of 17 May 2006 on budgetary discipline and sound financial management.

On the basis of the information transmitted by the Commission on 7 November 2006, the European Parliament and the Council note that the financing of the European Gender Institute can be secured within the agreed expenditure ceiling of heading 1a for the period 2007-2013.

Should the Commission, be it on request of the Institute or due to any other unforeseen circumstance, intend to deviate from the amounts originally deemed necessary for the financing of the Institute in the period concerned, it shall notify the budgetary authority of this intention and its effect on the remaining margin of the relevant heading of the multi-annual financial framework and indicate the re-programming.

Joint declaration on the financing of the European Agency on Fundamental Rights

In May 2006, the Commission presented the first financial programming for the period 2007-2013, in accordance with Point 46 of the Interinstitutional Agreement (IIA) of 17 May 2006 on budgetary discipline and sound financial management.

On the basis of the information transmitted by the Commission on 7 November 2006, the European Parliament and the Council note that the financing of the European Agency on Fundamental Rights can be secured within the agreed expenditure ceiling of heading 3a for the period 2007-2013.

Should the Commission, be it on request of the Agency or due to any other unforeseen circumstance, intend to deviate from the amounts originally deemed necessary for the financing of the Agency in the period concerned, it shall notify the budgetary authority of this intention and its effect on the remaining margin of the relevant heading of the multi-annual financial framework and indicate the re-programming.

Joint declaration on recruitment in relation with the 2004 and 2007 enlargement

The European Parliament and the Council note with great concern the delays in the selection and recruitment process relating to the 2004 enlargement, the low occupancy of posts at Middle Management level, the high ratio of permanent posts occupied by temporary agents and the lack of a sufficient number of appropriate competitions.

The European Parliament and the Council insist that all efforts should be made by the institutions and specifically by the European Personnel Selection Office (EPSO) to ensure that the necessary action is taken to rectify the situation and to speed up the whole process of filling the posts granted by the budgetary authority. The criteria should be as stipulated in Article 27 of the Staff Regulations and to arrive at the broadest possible geographical proportional basis as soon as possible.

The European Parliament and the Council intend to monitor closely the ongoing recruitment process. To this effect, they request each institution and EPSO to provide twice a year an information to the Budgetary Authority on the state of affairs regarding recruitments in relation with the 2004 and 2007 enlargement.

The European Parliament and the Council invite the Secretaries-General of the institutions to present a report on the progress made in the field as follows:

| — | concerning the filling of the posts granted in the 2004-2006 budgets by the end of January 2007; |
| --- | --- |

—

concerning the filling of the posts granted in the 2004-2006 budgets by the end of January 2007;

| — | concerning the filling of the posts granted in 2007 by 15 June 2007 and by 31 October 2007. |
| --- | --- |

—

concerning the filling of the posts granted in 2007 by 15 June 2007 and by 31 October 2007.

Joint declaration on Life+

The European Parliament, the Council and the Commission recall the budgetary principle that the implementation of significant operational expenditure requires the prior adoption of a basic act.

At the same time, the three institutions acknowledge that, at the start of budget year 2007 some new basic acts, intended to provide the follow-up to preceding basic acts which expire at the end of 2006, may still be under consideration by the legislative authority. Nonetheless, certain actions do require fresh budgetary commitments to avoid damaging disruption in implementation and preservation of the acquis. Such a risk exists for certain actions for which there is already broad political agreement among the three institutions.

A particular concern has been expressed, notably by Parliament in its resolution on the first reading of the draft budget 2007, in relation to the Life+ programme, which will ensure the follow-up to its predecessor Life III and other related actions. Should a legislative gap arise between the beginning of the year 2007 and the final adoption of the legal act, the three institutions agree that an amount of up to 15 million euro (out of an overall Life+ budget of 240 million euro proposed in the 2007 preliminary draft budget) may be committed in the interim period for activities preparing the relay by Life+ under the best conditions, i.e. with a view to preserving the acquis built-up through ongoing actions in the field of the environment. Such activities whose continuation is essential for preserving continuity of the acquis relate notably to information systems ensuring the monitoring of EU environmental legislation, the registries underpinning the Emission Trading Scheme, scientific and external expertise preparing Commission proposals in cases where the Commission is bound by target dates, information and awareness actions.

Joint statement of the European Parliament and the Commission to ensure proper budget implementation

In the framework of the budgetary procedure the European Parliament and the Commission emphasise the need for improved value for money in the EU budget and are of the opinion that this concept must be applied on a permanent basis. The aim of this approach is to evaluate and assess the quantitative and qualitative aspects of each EU programme.

In this context, the evaluation of EU programmes should become a major element of concern for the institutions involved in the annual budgetary procedure.

The European Parliament and the Commission recall that Activity-Based Management (ABM) is to offer an integrated view of the performance and cost of the various policy areas including both operational and administrative resources.

The two Institutions agree to take the necessary steps with regard to improving the monitoring of budget implementation through a process using all available information as from January 2007 to which all committees of the European Parliament will be associated. The European Parliament undertakes to make better use of transfers and amending budgets as instruments to scrutinise budget implementation during the year in respect of Parliament's priorities and its inter-institutional prerogatives.

The results of this ongoing process will be the subject of exchange of views in each trialogue foreseen in Annex II of the Interinstitutional Agreement of 17 May 2006.

This exercise aims to ensure that policies financed by the EU budget deliver better value for money to European citizens and respond to the challenges which the European Union faces through the best possible allocation of EU funds.

Declaration of the European Parliament on budgetary discipline for payments

The European Parliament recalls that Points 12 and 13 of the IIA of 17 May 2006 set absolute amounts, representing, annual ceilings on expenditure under the general budgets, in the context of the multi-annual financial framework.

Therefore, the respect of the annual ceilings fixed by the multi-annual financial framework 2007-2013 constitutes an automatic acceptance of the rates of increase for non-compulsory expenditure in the annual budgets.

If Points 12 and 13 of the IIA are not respected, the European Parliament will consider this as a violation of the IIA.

The European Parliament undertakes to implement the provisions of Points 12 and 13 of the IIA as a measure of budgetary discipline for the entire duration of the multi-annual financial framework.

P6_TA(2006)0571

Procedure for prior examination and consultation in respect of certain provisions concerning transport proposed in Member States (codified version) ***I

European Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council on a procedure for prior examination and consultation in respect of certain laws, regulations and administrative provisions concerning transport proposed in Member States (codified version) (COM(2006)0284 — C6-0185/2006 — 2006/0099(COD))

(Codecision procedure: codification)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0284) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0284) (1),

| — | having regard to Article 251(2) and Article 71 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0185/2006), |
| --- | --- |

—

having regard to Article 251(2) and Article 71 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0185/2006),

| — | having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (2), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (2),

| — | having regard to Rules 80, 51 and 43(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 80, 51 and 43(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A6-0458/2006); |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A6-0458/2006);

| 1. | Approves the Commission proposal; |
| --- | --- |

1.

Approves the Commission proposal;

| 2. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  Not yet published in OJ.

(2)  OJ C 102, 4.4.1996, p. 2.

P6_TA(2006)0572

Elimination of controls at the frontiers of Member States (road and inland waterway transport) (codified version) ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on the elimination of controls performed at the frontiers of Member States in the field of road and inland waterway transport (codified version) (COM(2006)0432 — C6-0261/2006 — 2006/0146(COD))

(Codecision procedure: codification)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0432) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0432) (1),

| — | having regard to Article 251(2) and Article 71 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0261/2006), |
| --- | --- |

—

having regard to Article 251(2) and Article 71 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0261/2006),

| — | having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (2), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (2),

| — | having regard to Rules 80, 51 and 43(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 80, 51 and 43(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A6-0459/2006); |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A6-0459/2006);

| 1. | Approves the Commission proposal; |
| --- | --- |

1.

Approves the Commission proposal;

| 2. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  Not yet published in OJ.

(2)  OJ C 102, 4.4.1996, p. 2.

P6_TA(2006)0573

Transmission of data subject to statistical confidentiality (codified version) ***I

European Parliament legislative resolution on the proposal for a regulation (Euratom, EC) of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities (codified version) (COM(2006)0477 — C6-0290/2006 — 2006/0159(COD))

(Codecision procedure: codification)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0477) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0477) (1),

| — | having regard to Article 251(2) and Article 285 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0290/2006), |
| --- | --- |

—

having regard to Article 251(2) and Article 285 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0290/2006),

| — | having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (2), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (2),

| — | having regard to Rules 80, 51 and 43(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 80, 51 and 43(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A6-0457/2006); |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A6-0457/2006);

| 1. | Approves the Commission proposal; |
| --- | --- |

1.

Approves the Commission proposal;

| 2. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  Not yet published in OJ.

(2)  OJ C 102, 4.4.1996, p. 2.

P6_TA(2006)0574

Submission of nominal catch statistics by Member States fishing in the North-East Atlantic (codified version) ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council on the submission of nominal catch statistics by Member States fishing in the North-East Atlantic (codified version) (COM(2006)0497 — C6-0301/2006 — 2006/0164(COD))

(Codecision procedure — codification)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0497) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0497) (1),

| — | having regard to Article 251(2) and Article 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0301/2006), |
| --- | --- |

—

having regard to Article 251(2) and Article 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0301/2006),

| — | having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (2), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (2),

| — | having regard to Rules 80, 51 and 43(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 80, 51 and 43(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A6-0460/2006); |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A6-0460/2006);

| 1. | Approves the Commission proposal; |
| --- | --- |

1.

Approves the Commission proposal;

| 2. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  Not yet published in OJ.

(2)  OJ C 102, 4.4.1996, p. 2.

P6_TA(2006)0575

Community criteria for the eradication and monitoring of certain animal diseases (codified version) *

European Parliament legislative resolution on the proposal for a Council decision laying down Community criteria for the eradication and monitoring of certain animal diseases (codified version) (COM(2006)0315 — C6-0236/2006 — 2006/0104(CNS))

(Consultation procedure — codification)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2006)0315) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2006)0315) (1),

| — | having regard to the EC Treaty, pursuant to which the Council consulted Parliament (C6-0236/2006), |
| --- | --- |

—

having regard to the EC Treaty, pursuant to which the Council consulted Parliament (C6-0236/2006),

| — | having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (2), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (2),

| — | having regard to Rules 80, 51 and 43(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 80, 51 and 43(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A6-0461/2006); |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A6-0461/2006);

| 1. | Approves the Commission proposal; |
| --- | --- |

1.

Approves the Commission proposal;

| 2. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  Not yet published in OJ.

(2)  OJ C 102, 4.4.1996, p. 2.

P6_TA(2006)0576

Agreement between the EC and Paraguay on certain aspects of air services *

European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the Agreement between the European Community and the Republic of Paraguay on certain aspects of air services (COM(2006)0266 — C6-0308/2006 — 2006/0094(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the proposal for a Council decision (COM(2006)0266) (1), |
| --- | --- |

—

having regard to the proposal for a Council decision (COM(2006)0266) (1),

| — | having regard to Articles 80(2) and 300(2), first subparagraph, first sentence, of the EC Treaty, |
| --- | --- |

—

having regard to Articles 80(2) and 300(2), first subparagraph, first sentence, of the EC Treaty,

| — | having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0308/2006), |
| --- | --- |

—

having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0308/2006),

| — | having regard to Rules 51, 83(7) and 43(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 51, 83(7) and 43(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Transport and Tourism (A6-0406/2006); |
| --- | --- |

—

having regard to the report of the Committee on Transport and Tourism (A6-0406/2006);

| 1. | Approves conclusion of the agreement; |
| --- | --- |

1.

Approves conclusion of the agreement;

| 2. | Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and the Republic of Paraguay. |
| --- | --- |

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 Paraguay.

---

(1)  Not yet published in OJ.

P6_TA(2006)0577

R & D activities in the domain of intelligent manufacturing systems (EU-Australia Agreement, Canada, Norway, Switzerland, Korea, Japan and the USA) *

European Parliament legislative resolution on the proposal for a Council decision authorising the conclusion of the agreement to renew and modify the agreement on research and development activities in the domain of intelligent manufacturing systems (IMS) between the European Community and Australia, Canada, the EFTA countries of Norway and Switzerland, Korea, Japan and the United States of America (COM(2006)0343 — C6-0373/2006 — 2006/0111(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the proposal for a Council decision (COM(2006)0343) (1), |
| --- | --- |

—

having regard to the proposal for a Council decision (COM(2006)0343) (1),

| — | having regard to Articles 170 and 300(2), first subparagraph, of the EC Treaty, |
| --- | --- |

—

having regard to Articles 170 and 300(2), first subparagraph, of the EC Treaty,

| — | having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0373/2006), |
| --- | --- |

—

having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0373/2006),

| — | having regard to Rules 51, 83(7) and 43(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 51, 83(7) and 43(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, Research and Energy (A6-0418/2006); |
| --- | --- |

—

having regard to the report of the Committee on Industry, Research and Energy (A6-0418/2006);

| 1. | Approves the conclusion of the agreement; |
| --- | --- |

1.

Approves the conclusion of the agreement;

| 2. | Instructs its President to forward its position to the Council and Commission and the governments and parliaments of the Member States and Australia, Canada, the EFTA countries of Norway and Switzerland, Korea, Japan and the United States of America. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and Commission and the governments and parliaments of the Member States and Australia, Canada, the EFTA countries of Norway and Switzerland, Korea, Japan and the United States of America.

---

(1)  Not yet published in the OJ.

P6_TA(2006)0578

Direct support schemes under CAP; the COM for sugars; restructuring of the sugar industry; owing to the accession of Bulgaria and Romania to the EU *

European Parliament legislative resolution on the proposal for a Council regulation adapting Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, Regulation (EC) No 318/2006 on the common organisation of the markets in the sugar sector and Regulation (EC) No 320/2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community, by reason of the accession of Bulgaria and Romania to the European Union (COM(2006)0677 — C6-0424/2006 — 2006/0226(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2006)0677) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2006)0677) (1),

| — | having regard to Article 4(3) of the Treaty of Accession of Bulgaria and Romania and Article 41, second subparagraph, and Article 20 of the Act of Accession of Bulgaria and Romania, in conjunction with Annex IV thereto, pursuant to which it has been consulted by the Council (C6-0424/2006), |
| --- | --- |

—

having regard to Article 4(3) of the Treaty of Accession of Bulgaria and Romania and Article 41, second subparagraph, and Article 20 of the Act of Accession of Bulgaria and Romania, in conjunction with Annex IV thereto, pursuant to which it has been consulted by the Council (C6-0424/2006),

| — | 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 Agriculture and Rural Development (A6-0412/2006); |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development (A6-0412/2006);

| 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 the OJ.

P6_TA(2006)0579

Drugs prevention and information (2007-2013) ***I

European Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council establishing for the period 2007-2013 the specific programme ‘Drugs prevention and information’ as part of the General programme ‘Fundamental Rights and Justice’ (COM(2006)0230 — C6-0095/2005 — 2005/0037B(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the amended Commission proposal to the European Parliament and the Council (COM(2006)0230) (1), |
| --- | --- |

—

having regard to the amended Commission proposal to the European Parliament and the Council (COM(2006)0230) (1),

| — | having regard to Article 251(2) and Article 152 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0095/2005), |
| --- | --- |

—

having regard to Article 251(2) and Article 152 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0095/2005),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Budgets (A6-0454/2006); |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Budgets (A6-0454/2006);

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and Commission.

---

(1)  Not yet published in OJ.

P6_TC1-COD(2005)0037B

Position of the European Parliament adopted at first reading on 14 December 2006 with a view to the adoption of Decision No .../2007/EC of the European Parliament and of the Council establishing for the period 2007-2013 the specific programme ‘Drugs prevention and information’ as part of the General programme ‘Fundamental Rights and Justice’

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 152 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social
  Committee

   (1),

Acting
  in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

| (1) | The Treaty establishing the European Community establishes that in the definition and implementation of all Community policies and activities a high level of human health has to be ensured; Article 3(1)(p) of the Treaty requires Community action to include a contribution to the attainment of a high level of health protection. |
| --- | --- |

(1)

The Treaty establishing the European Community establishes that in the definition and implementation of all Community policies and activities a high level of human health has to be ensured; Article 3(1)(p) of the Treaty requires Community action to include a contribution to the attainment of a high level of health protection.

| (2) | Community action should complement national policies directed towards improving public health, obviating sources of danger to human health and reducing health-related harm associated with drug dependence,
  including information and prevention policies
  . |
| --- | --- |

(2)

Community action should complement national policies directed towards improving public health, obviating sources of danger to human health and reducing health-related harm associated with drug dependence,
  including information and prevention policies
  .

| (3) | Given that, according to research, the morbidity and the mortality associated with drug dependence affects a sizeable number of European citizens, the health-related harm associated with drug dependence constitutes a major problem for public health. |
| --- | --- |

(3)

Given that, according to research, the morbidity and the mortality associated with drug dependence affects a sizeable number of European citizens, the health-related harm associated with drug dependence constitutes a major problem for public health.

| (4) | The communication from the Commission to the Council and the European Parliament on the results of the final evaluation of the EU Drugs Strategy and Action Plan on Drugs (2000-2004) (COM(2004)0707) pointed out the need to regularly involve civil society in the formulation of the EU's policies on drugs. |
| --- | --- |

(4)

The communication from the Commission to the Council and the European Parliament on the results of the final evaluation of the EU Drugs Strategy and Action Plan on Drugs (2000-2004) (COM(2004)0707) pointed out the need to regularly involve civil society in the formulation of the EU's policies on drugs.

| (5) | Decision No 1786/2002/EC of the European Parliament and of the Council of 23 September 2002 adopting a programme of Community action in the field of public health (2003-2008) (3) includes the development of strategies and measures on drug dependence, as one of the important lifestyle-related health determinants. |
| --- | --- |

(5)

Decision No 1786/2002/EC of the European Parliament and of the Council of 23 September 2002 adopting a programme of Community action in the field of public health (2003-2008) (3) includes the development of strategies and measures on drug dependence, as one of the important lifestyle-related health determinants.

| (6) | In Recommendation 2003/488/EC of 18 June 2003 on the prevention and reduction of health-related harm associated with drug dependence (4), the Council recommended that Member States set as a public health objective the prevention of drug dependence and the reduction of related risks, and that they develop and implement comprehensive strategies accordingly. |
| --- | --- |

(6)

In Recommendation 2003/488/EC of 18 June 2003 on the prevention and reduction of health-related harm associated with drug dependence (4), the Council recommended that Member States set as a public health objective the prevention of drug dependence and the reduction of related risks, and that they develop and implement comprehensive strategies accordingly.

| (7) | The Brussels European Council of 16 and 17 December 2004 adopted the EU Drugs Strategy 2005-2012, which covers all European Union drug-related activities and sets main targets. These targets include the attainment of a high level of health protection, well-being and social cohesion by preventing and reducing drug use, dependence and drug-related harms to health and society. |
| --- | --- |

(7)

The Brussels European Council of 16 and 17 December 2004 adopted the EU Drugs Strategy 2005-2012, which covers all European Union drug-related activities and sets main targets. These targets include the attainment of a high level of health protection, well-being and social cohesion by preventing and reducing drug use, dependence and drug-related harms to health and society.

| (8) | The
  Council
  adopted
  the EU Drugs
  Action Plan
  (2005-2008)

   (5) as a crucial instrument for transposing the EU Drugs Strategy 2005-2012 into concrete actions. The ultimate aim of the Action Plan is to significantly reduce the prevalence of drug use among the population and to reduce the social harm and health damage caused by the use of and trade in illicit drugs. |
| --- | --- |

(8)

The
  Council
  adopted
  the EU Drugs
  Action Plan
  (2005-2008)

   (5) as a crucial instrument for transposing the EU Drugs Strategy 2005-2012 into concrete actions. The ultimate aim of the Action Plan is to significantly reduce the prevalence of drug use among the population and to reduce the social harm and health damage caused by the use of and trade in illicit drugs.

| (9) | This Decision aims at the implementation of targets identified by the EU Drugs Strategy 2005-2012 and the EU Drugs Action Plans 2005-2008 and 2009-2012 by supporting projects aiming at the prevention of drug use, including by addressing the reduction of drug-related harm and treatment methods taking account of the latest scientific knowledge. |
| --- | --- |

(9)

This Decision aims at the implementation of targets identified by the EU Drugs Strategy 2005-2012 and the EU Drugs Action Plans 2005-2008 and 2009-2012 by supporting projects aiming at the prevention of drug use, including by addressing the reduction of drug-related harm and treatment methods taking account of the latest scientific knowledge.

| (10) | It is important and necessary to recognise the serious immediate and long-term implications of drugs for individuals, families and communities, with regard to health, psychological and social development, the equal opportunities of those concerned, and the high social and economic costs to society as a whole. |
| --- | --- |

(10)

It is important and necessary to recognise the serious immediate and long-term implications of drugs for individuals, families and communities, with regard to health, psychological and social development, the equal opportunities of those concerned, and the high social and economic costs to society as a whole.

| (11) | Special attention should be paid to the prevention of drug use among young people, who are the most vulnerable in the population. The main challenge in prevention is to encourage young people to adopt healthy lifestyles. |
| --- | --- |

(11)

Special attention should be paid to the prevention of drug use among young people, who are the most vulnerable in the population. The main challenge in prevention is to encourage young people to adopt healthy lifestyles.

| (12) | The European
  Community
  can bring added value to the actions to be undertaken by Member States in the field of drugs information and prevention
  , including treatment and reduction of drug-related harm,
  by complementing those actions and by promoting synergies. |
| --- | --- |

(12)

The European
  Community
  can bring added value to the actions to be undertaken by Member States in the field of drugs information and prevention
  , including treatment and reduction of drug-related harm,
  by complementing those actions and by promoting synergies.

| (13) | Complementarity with the technical expertise of the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) should be ensured by making use of methodology and best practices developed by the EMCDDA and by the EMCDDA's involvement in the preparation of the annual work programme. |
| --- | --- |

(13)

Complementarity with the technical expertise of the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) should be ensured by making use of methodology and best practices developed by the EMCDDA and by the EMCDDA's involvement in the preparation of the annual work programme.

| (14) | The objectives of the proposed action, namely drugs prevention and information, cannot be sufficiently achieved by the Member States because of the need for an exchange of information at EU level and for the Community-wide dissemination of good practices. This can be better achieved at Community level. Due to the need for a coordinated and multidisciplinary approach and by reason of the scale and impact of the initiative, the Community may adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(14)

The objectives of the proposed action, namely drugs prevention and information, cannot be sufficiently achieved by the Member States because of the need for an exchange of information at EU level and for the Community-wide dissemination of good practices. This can be better achieved at Community level. Due to the need for a coordinated and multidisciplinary approach and by reason of the scale and impact of the initiative, the Community may adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives.

| (15) | Bearing in mind the importance of visibility of Community funding, the Commission should provide guidance to allow any authority, non-governmental organisation, international organisation or other entity receiving a grant under this programme properly to acknowledge the support received. |
| --- | --- |

(15)

Bearing in mind the importance of visibility of Community funding, the Commission should provide guidance to allow any authority, non-governmental organisation, international organisation or other entity receiving a grant under this programme properly to acknowledge the support received.

| (16) | This Decision establishes a financial envelope for the entire duration of the programme, which is to be the
  prime
  reference amount for the budgetary authority during the annual budgetary procedure, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and
  sound financial management

   (6). |
| --- | --- |

(16)

This Decision establishes a financial envelope for the entire duration of the programme, which is to be the
  prime
  reference amount for the budgetary authority during the annual budgetary procedure, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and
  sound financial management

   (6).

| (17) | Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (7), hereinafter ‘the Financial Regulation’, and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 (8), which safeguard the Community's financial interests,
  should apply
  , taking into account the principles of simplicity and consistency in the choice of budgetary instruments, a limitation on the number of cases where the Commission retains direct responsibility for their implementation and management, and the required proportionality between the amount of resources and the administrative burden related to their use. |
| --- | --- |

(17)

Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (7), hereinafter ‘the Financial Regulation’, and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 (8), which safeguard the Community's financial interests,
  should apply
  , taking into account the principles of simplicity and consistency in the choice of budgetary instruments, a limitation on the number of cases where the Commission retains direct responsibility for their implementation and management, and the required proportionality between the amount of resources and the administrative burden related to their use.

| (18) | Appropriate measures should also be taken to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used in accordance with Council Regulations (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the Communities' financial interests

   (9)

  and (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission

   (10)

  and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)

   (11). |
| --- | --- |

(18)

Appropriate measures should also be taken to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used in accordance with Council Regulations (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the Communities' financial interests

   (9)

  and (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission

   (10)

  and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)

   (11).

| (19) | The Financial Regulation requires a basic act to be adopted to cover operating grants. |
| --- | --- |

(19)

The Financial Regulation requires a basic act to be adopted to cover operating grants.

| (20) | The measures necessary for the implementation of this Decision should be adopted in
  accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (12)

  , with a distinction being made between those measures which are subject to the regulatory procedure with scrutiny and those which are subject to the advisory procedure, the advisory procedure being in certain cases, with a view to increased efficiency, the more appropriate, |
| --- | --- |

(20)

The measures necessary for the implementation of this Decision should be adopted in
  accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (12)

  , with a distinction being made between those measures which are subject to the regulatory procedure with scrutiny and those which are subject to the advisory procedure, the advisory procedure being in certain cases, with a view to increased efficiency, the more appropriate,

HAVE DECIDED AS FOLLOWS:

Article 1

Creation of the programme

1.   This Decision establishes the programme ‘Drugs prevention and information’, hereinafter referred to as ‘the programme’, as part of the general programme ‘Fundamental Rights and Justice’, in order to contribute to
  ensuring a high level of human health protection and to reducing drug-related health damage.

2.   The programme shall cover the period from 1 January 2007 to 31 December 2013.

Article 2

General objectives

1.   This programme shall have the following general objectives:

| (a) | to contribute to
  improvement of information on
  drug use; |
| --- | --- |

(a)

to contribute to
  improvement of information on
  drug use;

| (b) | to prevent and reduce drug use, dependence and drug-related harm; |
| --- | --- |

(b)

to prevent and reduce drug use, dependence and drug-related harm;

| (c) | to support the implementation of the EU Drugs Strategy. |
| --- | --- |

(c)

to support the implementation of the EU Drugs Strategy.

Article 3

Specific objectives

The programme shall have the following specific objectives:

| (a) | To promote transnational actions to:






  — | set up multidisciplinary networks; |
| --- | --- | --- |

(a)

To promote transnational actions to:

—

set up multidisciplinary networks;

| — | ensure the expansion of the knowledge base, the exchange of information and the identification and dissemination of good practice, including through training, study visits and staff exchange; |
| --- | --- |

—

ensure the expansion of the knowledge base, the exchange of information and the identification and dissemination of good practice, including through training, study visits and staff exchange;

| — | raise awareness of the health and social problems caused by the drug use and to encourage an open dialogue with a view to promoting a better understanding of the drug phenomenon; |
| --- | --- |

—

raise awareness of the health and social problems caused by the drug use and to encourage an open dialogue with a view to promoting a better understanding of the drug phenomenon;

| — | support measures aimed at preventing drug use, including by addressing reduction of drug-related harm and treatment methods which take account of the latest scientific knowledge. |
| --- | --- |

—

support measures aimed at preventing drug use, including by addressing reduction of drug-related harm and treatment methods which take account of the latest scientific knowledge.

| (b) | To involve civil society in the implementation and development of the EU Drugs Strategy and Drugs Action Plans. |
| --- | --- |

(b)

To involve civil society in the implementation and development of the EU Drugs Strategy and Drugs Action Plans.

| (c) | To monitor, carry out and evaluate the implementation of specific actions under the Drugs Action Plans 2005-2008 and 2009-2012.
  The European Parliament shall be involved in the evaluation process through its participation in the Commission's evaluation steering group. |
| --- | --- |

(c)

To monitor, carry out and evaluate the implementation of specific actions under the Drugs Action Plans 2005-2008 and 2009-2012.
  The European Parliament shall be involved in the evaluation process through its participation in the Commission's evaluation steering group.

Article 4

Actions

With a view to pursuing the general and specific objectives set out in Articles 2 and 3, this programme will support
  , under the conditions set out in the annual work programmes,
  the following types of actions:

| (a) | specific actions taken by the Commission, such as studies and research, opinion polls and surveys, formulation of indicators and common methodologies, collection, development and dissemination of data and statistics, seminars, conferences and experts meetings, organisation of public campaigns and events, development and maintenance of websites, preparation and dissemination of information materials, support to and animation of networks of national experts and analytical, monitoring and evaluation activities; or |
| --- | --- |

(a)

specific actions taken by the Commission, such as studies and research, opinion polls and surveys, formulation of indicators and common methodologies, collection, development and dissemination of data and statistics, seminars, conferences and experts meetings, organisation of public campaigns and events, development and maintenance of websites, preparation and dissemination of information materials, support to and animation of networks of national experts and analytical, monitoring and evaluation activities; or

| (b) | specific transnational projects of Community interest presented by at least
  two
  Member States
  , or at least one Member State and one other State which may either be an acceding or a candidate country,
  under the conditions set out in the annual work programmes; or |
| --- | --- |

(b)

specific transnational projects of Community interest presented by at least
  two
  Member States
  , or at least one Member State and one other State which may either be an acceding or a candidate country,
  under the conditions set out in the annual work programmes; or

| (c) | support for the activities of non-governmental organisations or other entities pursuing an aim of general European interest regarding the general objectives of the programme under the conditions set out in the annual work programmes. |
| --- | --- |

(c)

support for the activities of non-governmental organisations or other entities pursuing an aim of general European interest regarding the general objectives of the programme under the conditions set out in the annual work programmes.

Article 5

Participation

1.   The following countries, hereinafter referred to as ‘participating countries’, may participate in the actions of the programme:

| (a) | the EFTA States that are party to the EEA Agreement, in accordance with the provisions of that Agreement; |
| --- | --- |

(a)

the EFTA States that are party to the EEA Agreement, in accordance with the provisions of that Agreement;

| (b) | the candidate
  countries, as
  well as the western Balkan countries included in the stabilisation and association process in accordance with the conditions laid down in the association agreements or their additional protocols relating to participation in Community programmes concluded or to be concluded with those countries. |
| --- | --- |

(b)

the candidate
  countries, as
  well as the western Balkan countries included in the stabilisation and association process in accordance with the conditions laid down in the association agreements or their additional protocols relating to participation in Community programmes concluded or to be concluded with those countries.

2.   Projects may associate candidate countries not participating in this programme where this would contribute to their preparation for accession, or other third countries
  or international organisations
  not participating in this programme where this serves the aim of the projects.

Article 6

Target Groups

1.   The programme is aimed at all groups that directly or indirectly deal with the drugs phenomenon.

2.   With regard to drugs, youth,
  women,
  vulnerable groups and problematic neighbourhoods are groups at risk and shall be identified as target groups. Other target groups are, inter alia, teachers and educational staff,
  parents,
  social workers, local and national authorities, medical and paramedical staff, judicial staff,
  law enforcement and penitentiary authorities, NGOs,
  trade unions and religious communities.

Article 7

Access to the programme

Access to the programme shall be open to public or private organisations and institutions (local authorities at the relevant level, university departments and research centres) working
  in the area of information
  on and
  prevention of
  drugs use
  , including the reduction and treatment of drug-related harm.

Bodies and organisations which are profit-oriented shall have access to grants under the programme only in conjunction with non profit-oriented or public organisations.

Article 8

Types of intervention

1.   Community funding may take the following legal forms:

| — | grants, |
| --- | --- |

—

grants,

| — | public procurement contracts. |
| --- | --- |

—

public procurement contracts.

2.   Community grants shall be awarded following calls for proposals, save in duly substantiated exceptional cases
  as provided for by the Financial Regulation,
  and shall be provided through operating grants and grants
  for actions
  .

The annual work programmes shall specify the minimum rate of annual expenditure to be allocated to grants.

The maximum rate of co-financing shall be specified in the annual work programmes.

3.   Furthermore, expenditure for accompanying measures, through public procurement contracts, shall be provided for, in which case Community funds will cover the purchase of services and goods. This will cover, inter alia, expenditure on information and communication, preparation, implementation, monitoring, checking and evaluation of projects, policies, programmes and legislation.

Article 9

Implementing measures

1.   The Commission shall implement Community assistance in accordance with the Financial Regulation.

2.   To implement the programme, the Commission shall, within the limits of the general objectives set out in Article 2, adopt an annual work programme
  taking into account the technical expertise of the EMCDDA. The annual work programme shall set out
  specific objectives and thematic priorities, and shall include a description of accompanying measures envisaged in Article 8(3) and if necessary a list of other actions.

The annual work programme for 2007 shall be adopted three months after the entry into force of this Decision.

3.   The annual work programme will be adopted in accordance with the regulatory procedure with scrutiny set out in
  Article 10(3)
  .

4.   The evaluation and award procedures relating to grants to actions shall take into account, inter alia, the following criteria:

| (a) | conformity with the annual work programme, the general objectives as specified in Article 2 and measures taken in the different domains as specified in Articles 3 and 4; |
| --- | --- |

(a)

conformity with the annual work programme, the general objectives as specified in Article 2 and measures taken in the different domains as specified in Articles 3 and 4;

| (b) | the quality of the proposed action regarding its conception, organisation, presentation and expected results; |
| --- | --- |

(b)

the quality of the proposed action regarding its conception, organisation, presentation and expected results;

| (c) | the amount requested for community financing and its appropriateness as to expected results; |
| --- | --- |

(c)

the amount requested for community financing and its appropriateness as to expected results;

| (d) | the impact of the expected results on the general objectives defined in Article 2 and on measures taken in the different domains as specified in Articles 3 and 4. |
| --- | --- |

(d)

the impact of the expected results on the general objectives defined in Article 2 and on measures taken in the different domains as specified in Articles 3 and 4.

5.   The applications for operating grants, referred to in Article 4(c), shall be assessed in the light of:

| — | consistency with the programme objectives; |
| --- | --- |

—

consistency with the programme objectives;

| — | the quality of the planned activities; |
| --- | --- |

—

the quality of the planned activities;

| — | the likely multiplier effect on the public of these activities; |
| --- | --- |

—

the likely multiplier effect on the public of these activities;

| — | the geographic
  and social
  impact of the activities carried out; |
| --- | --- |

—

the geographic
  and social
  impact of the activities carried out;

| — | citizen involvement in the organisation of the bodies concerned; |
| --- | --- |

—

citizen involvement in the organisation of the bodies concerned;

| — | the cost/benefit ratio of the activity proposed. |
| --- | --- |

—

the cost/benefit ratio of the activity proposed.

6.
     
  Decisions related to actions referred to in Article 4(a) shall be adopted by the Commission in accordance with the regulatory procedure with scrutiny referred to in Article 10(3). Decisions related to projects and activities referred to in Article 4(b) and (c) shall be adopted by the Commission in accordance with the advisory procedure referred to in Article 10(2).

Decisions on applications for grants involving profit-oriented bodies or organisations shall be adopted by the Commission in accordance with the regulatory procedure with scrutiny referred to in Article 10(3).

Article 10

Committee

1.   The Commission shall be assisted by a
  committee
  .

2.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

3.
     
  Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 11

Complementarity

1.   Synergies and complementarity with other Community instruments shall be sought, particularly the general programme ‘Security and Safeguarding Liberties’, the Seventh Research and Development Framework Programme and the
  Community Programme on Public Health.
  Complementarity with the
  methodology and best practices developed by
  the EMCDDA shall be ensured, in particular with regard to the statistical element of information on drugs.

2.   The programme may share resources with other Community instruments, in particular the general programmes ‘Security and Safeguarding Liberties’and‘Solidarity and Management of Migration Flows’, and the Seventh Research and Development Framework Programme, in order to implement actions meeting the objectives of all the programmes.

3.   Operations financed under this Decision shall not receive assistance for the same purpose from other Community financial instruments. The
  Commission shall ensure that the
  beneficiaries of
  the programme
  provide it with information about funding received from the Community budget and from other sources, as well as information about on-going applications for funding.

Article 12

Budgetary Resources

1.   The
  financial envelope
  for the implementation of this instrument
  from 1 January 2007 to 31 December 2013
  is set at 21,35

  million

  euro.

2.   The budgetary resources allocated to the actions provided for in this programme shall be entered in the annual appropriations of the general budget of the European Union. The available annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.

Article 13

Monitoring

1.   
  The Commission shall ensure that, for
  any action financed by the programme, beneficiaries

  submit
  technical and financial reports on the progress of work. A final report shall also be submitted within three months of the completion of the action. The Commission shall determine the form and content of these

  reports
  .

2.   
  The Commission shall ensure that contracts
  and agreements resulting from
  the implementation of the programme
  provide in particular for supervision and financial control by the Commission (or any representative
  authorised
  by it), if necessary
  by means of
  on-the-spot
  checks, including sample checks
  , and audits by the Court of Auditors.

3.   
  The Commission shall ensure that, for
  a period of five years following the last payment in respect of any action, beneficiaries of financial assistance
  keep
  available for the Commission all supporting documents regarding expenditure on the action.

4.   On the basis of the results of the reports and sample checks referred to in paragraphs 1 and 2, the Commission shall
  ensure that

  the amount of financial assistance originally approved, the conditions of its allocation and the timetable for its payment

  are adjusted as necessary
  .

5.   The Commission shall
  ensure that
  every other step necessary to verify that the actions financed are carried out properly and in compliance with the provisions of this Decision and the Financial Regulation
  is taken
  .

Article 14

Protection of Community financial interests

1.   The Commission shall ensure that, when actions financed under the present Decision are implemented, the financial interests of the Community are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and by the recovery of the amounts unduly paid and, if irregularities are detected, by effective, proportional and dissuasive penalties, in accordance with Regulations (EC, Euratom) No 2988/95 and (Euratom, EC) No 2185/96, and with Regulation (EC) No 1073/1999.

2.   For the Community actions financed under this programme, Regulations (EC, Euratom) No 2988/95 and (Euratom, EC) No 2185/96 shall apply to any infringement of a provision of Community law, including infringements of a contractual obligation stipulated on the basis of the programme, resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the European Union or budgets managed by the European Communities, by an unjustified item of expenditure.

3.   The Commission shall
  ensure that
  the amount of financial assistance granted for an action
  is reduced, suspended or recovered,
  if it finds irregularities, including non-compliance with the provisions of this Decision or the individual decision or the contract or agreement granting the financial support in question, or if it transpires that, without Commission approval having being sought, the action has been subjected to a change which conflicts with the nature or implementing conditions of the project.

4.   If the time limits have not been observed or if only part of the allocated financial assistance is justified by the progress made with implementing an action, the Commission shall
  ensure that
  the beneficiary concerned

  is requested
  to submit observations within a specified period. If the beneficiary does not give a satisfactory answer, the Commission
  shall ensure that
  the remaining financial assistance
  can be cancelled and repayment
  of sums already paid
  is demanded
  .

5.   
  The Commission shall ensure that any
  undue payment
  is
  repaid to it. Interest shall be added to any sums not repaid in good time under the conditions laid down by the Financial Regulation.

Article 15

Evaluation

1.   The programme will be monitored regularly in order to follow the implementation of activities carried out thereunder.

2.   The Commission shall ensure the regular, independent, external evaluation of the programme.

3.   The Commission shall present to the European Parliament and the Council:

| (a) | an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of this programme no later than 31 March 2011; |
| --- | --- |

(a)

an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of this programme no later than 31 March 2011;

| (b) | an annual presentation on the implementation of the programme; |
| --- | --- |

(b)

an annual presentation on the implementation of the programme;

| (c) | a communication on the continuation of this programme no later than 30 August 2012; |
| --- | --- |

(c)

a communication on the continuation of this programme no later than 30 August 2012;

| (d) | an ex-post evaluation report no later than 31 December 2014. |
| --- | --- |

(d)

an ex-post evaluation report no later than 31 December 2014.

Article 16

Publication of projects

Each year, the Commission shall publish a list of projects financed under the programme, with a short description of each project.

Article 17

Visibility

The Commission shall lay down guidelines to ensure the visibility of funding granted under this Decision.

Article 18

Entry into force

This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 1 January 2007,
  with the exception of Articles 9(2) and 9(3), which shall apply from the date of entry into force of this Decision
  .

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  
  OJ C 69, 21.3.2006, p. 1.

1

OJ C 69, 21.3.2006, p. 1.

(2)  Position of the European Parliament of 14 December 2006.

2

Position of the European Parliament of 14 December 2006.

(3)  
  OJ L 271, 9.10.2002, p. 1. Decision as amended by Decision No 786/2004/EC (OJ L 138, 30.4.2004, p. 7).

3

OJ L 271, 9.10.2002, p. 1. Decision as amended by Decision No 786/2004/EC (OJ L 138, 30.4.2004, p. 7).

(4)  OJ L 165, 3.7.2003, p. 31.

4

(5)  

  OJ C 168, 8.7.2005, p. 1.

5

OJ C 168, 8.7.2005, p. 1.

(6)  

  OJ C 139, 14.6.2006, p. 1.

6

OJ C 139, 14.6.2006, p. 1.

(7)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

7

Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

(8)  OJ L 357, 31.12.2002, p. 1.

8

(9)  

  OJ L 312, 23.12.1995, p. 1.

9

OJ L 312, 23.12.1995, p. 1.

(10)  

  OJ L 292, 15.11.1996, p. 2.

10

OJ L 292, 15.11.1996, p. 2.

(11)  

  OJ L 136, 31.5.1999, p. 1.

11

OJ L 136, 31.5.1999, p. 1.

(12)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/CE (OJ L 200, 22.7.2006, p. 11).

12

Decision as amended by Decision 2006/512/CE (OJ L 200, 22.7.2006, p. 11).

P6_TA(2006)0580

Civil justice (2007-2013) ***I

European Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council establishing for the period 2007-2013 the specific programme ‘Civil justice’ as part of the General programme ‘Fundamental Rights and Justice’ (COM(2005)0122 — C6-0096/2005 — 2005/0040(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0122) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0122) (1),

| — | having regard to Article 251(2) and Articles 61(c) and 67(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0096/2005), |
| --- | --- |

—

having regard to Article 251(2) and Articles 61(c) and 67(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0096/2005),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Budgets (A6-0452/2006); |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Budgets (A6-0452/2006);

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and Commission.

---

(1)  Not yet published in OJ.

P6_TC1-COD(2005)0040

Position of the European Parliament adopted at first reading on 14 December 2006 with a view to the adoption of Decision No .../2007/EC of the European Parliament and of the Council establishing for the period 2007-2013 the specific programme ‘Civil justice’ as part of the General programme ‘Fundamental Rights and Justice’

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 61(c) and
  Article 67(5)
  thereof,

Having regard to the proposal from the
  Commission
  ,

Acting in accordance with the procedure laid down in Article 251 of the Treaty

   (1)

  ,

Whereas:

| (1) | The European Community has set itself the objective of maintaining and developing an area of freedom, security and justice, in which the free movement of persons is assured. To that end, the Community must adopt, among others, measures in the field of judicial cooperation in civil matters necessary for the proper functioning of the internal market. |
| --- | --- |

(1)

The European Community has set itself the objective of maintaining and developing an area of freedom, security and justice, in which the free movement of persons is assured. To that end, the Community must adopt, among others, measures in the field of judicial cooperation in civil matters necessary for the proper functioning of the internal market.

| (2) | Following previous programmes, such as Grotius (2) and the Robert Schuman project
   (3), Council Regulation (EC) No 743/2002 (4) established, for the period 2002 to 2006, a general Community framework of activities to facilitate the implementation of judicial cooperation in civil matters. |
| --- | --- |

(2)

Following previous programmes, such as Grotius (2) and the Robert Schuman project
   (3), Council Regulation (EC) No 743/2002 (4) established, for the period 2002 to 2006, a general Community framework of activities to facilitate the implementation of judicial cooperation in civil matters.

| (3) | The European Council meeting in Brussels on 4 and 5 November 2004 adopted. The Hague Programme ‘Strengthening freedom, security and justice in the European Union’. |
| --- | --- |

(3)

The European Council meeting in Brussels on 4 and 5 November 2004 adopted. The Hague Programme ‘Strengthening freedom, security and justice in the European Union’.

| (4) | The Council and the Commission adopted in June 2005 an Action Plan implementing the Hague Programme. |
| --- | --- |

(4)

The Council and the Commission adopted in June 2005 an Action Plan implementing the Hague Programme.

| (5) | The ambitious objectives set by the Treaty and The Hague Programme should be realised through the establishment of a flexible and effective programme that will facilitate planning and implementation. |
| --- | --- |

(5)

The ambitious objectives set by the Treaty and The Hague Programme should be realised through the establishment of a flexible and effective programme that will facilitate planning and implementation.

| (6) | The Civil Justice Programme should provide for initiatives taken by the Commission, in compliance with the principle of subsidiarity, for actions in support of organisations promoting and facilitating judicial cooperation in civil matters, and for actions in support of specific projects. |
| --- | --- |

(6)

The Civil Justice Programme should provide for initiatives taken by the Commission, in compliance with the principle of subsidiarity, for actions in support of organisations promoting and facilitating judicial cooperation in civil matters, and for actions in support of specific projects.

| (7) | A general Civil Justice Programme to improve mutual understanding of the legal and judicial systems of the Member States will contribute to lowering the barriers to judicial cooperation in civil matters, which will improve the functioning of the internal market. |
| --- | --- |

(7)

A general Civil Justice Programme to improve mutual understanding of the legal and judicial systems of the Member States will contribute to lowering the barriers to judicial cooperation in civil matters, which will improve the functioning of the internal market.

| (8) | According to the Hague Programme, strengthening mutual cooperation requires an explicit effort to improve mutual understanding among judicial authorities and different legal systems; European networks of national public authorities should deserve special attention and support in this respect. |
| --- | --- |

(8)

According to the Hague Programme, strengthening mutual cooperation requires an explicit effort to improve mutual understanding among judicial authorities and different legal systems; European networks of national public authorities should deserve special attention and support in this respect.

| (9) | This Decision should provide for the possibility of co-financing the activities of certain European networks to the extent that the expenditure is incurred in pursuing an objective of general European interest. However, such co-financing should not imply that a future programme would cover such networks, nor should it prejudice other European networks from benefiting from support to their activities in accordance with this Decision. |
| --- | --- |

(9)

This Decision should provide for the possibility of co-financing the activities of certain European networks to the extent that the expenditure is incurred in pursuing an objective of general European interest. However, such co-financing should not imply that a future programme would cover such networks, nor should it prejudice other European networks from benefiting from support to their activities in accordance with this Decision.

| (10) | Any institution, association or network receiving a grant from this programme should acknowledge the Community support received in accordance with visibility guidelines to be laid down by the Commission. |
| --- | --- |

(10)

Any institution, association or network receiving a grant from this programme should acknowledge the Community support received in accordance with visibility guidelines to be laid down by the Commission.

| (11) | This Decision establishes a financial
  envelope
  for the entire duration of the programme, which is to be the
  prime
  reference amount for the budgetary authority during the annual budgetary procedure, within the meaning of
  point 37
  of the Interinstitutional Agreement of
  17 May 2006
  between the European Parliament, the Council and the Commission on budgetary discipline and
  sound financial management

   (5). |
| --- | --- |

(11)

This Decision establishes a financial
  envelope
  for the entire duration of the programme, which is to be the
  prime
  reference amount for the budgetary authority during the annual budgetary procedure, within the meaning of
  point 37
  of the Interinstitutional Agreement of
  17 May 2006
  between the European Parliament, the Council and the Commission on budgetary discipline and
  sound financial management

   (5).

| (12) | Since the objectives of the Civil Justice Programme cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the initiative, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(12)

Since the objectives of the Civil Justice Programme cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the initiative, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives.

| (13) | Appropriate measures should be taken to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used in accordance with Council Regulations (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the Communities' financial interests

   (6)

  and (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission

   (7)

  and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)

   (8). |
| --- | --- |

(13)

Appropriate measures should be taken to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used in accordance with Council Regulations (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the Communities' financial interests

   (6)

  and (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission

   (7)

  and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)

   (8).

| (14) | Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (9) (hereinafter ‘the Financial Regulation’), and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 (10), which safeguard the Community's financial interests, have to be applied taking into account the principles of simplicity and consistency in the choice of budgetary instruments, a limitation on the number of cases where the Commission retains direct responsibility for their implementation and management, and the required proportionality between the amount of resources and the administrative burden related to their use. |
| --- | --- |

(14)

Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (9) (hereinafter ‘the Financial Regulation’), and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 (10), which safeguard the Community's financial interests, have to be applied taking into account the principles of simplicity and consistency in the choice of budgetary instruments, a limitation on the number of cases where the Commission retains direct responsibility for their implementation and management, and the required proportionality between the amount of resources and the administrative burden related to their use.

| (15) | The Financial Regulation requires a basic act to be adopted to cover operating grants. |
| --- | --- |

(15)

The Financial Regulation requires a basic act to be adopted to cover operating grants.

| (16) | The measures necessary for the implementation of this Decision should be adopted in
  accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (11),
  with a distinction being made between those measures which are subject to the regulatory procedure with scrutiny and those which are subject to the advisory procedure, the advisory procedure being in certain cases, with a view to increased efficiency, the more appropriate. |
| --- | --- |

(16)

The measures necessary for the implementation of this Decision should be adopted in
  accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (11),
  with a distinction being made between those measures which are subject to the regulatory procedure with scrutiny and those which are subject to the advisory procedure, the advisory procedure being in certain cases, with a view to increased efficiency, the more appropriate.

| (17) | In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on the European Union and the Treaty establishing the European Community, the United Kingdom and Ireland have notified their wish to take part in the adoption and application of this Decision. |
| --- | --- |

(17)

In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on the European Union and the Treaty establishing the European Community, the United Kingdom and Ireland have notified their wish to take part in the adoption and application of this Decision.

| (18) | In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not participating in the adoption of this Decision, and is not bound by it or subject to its application. |
| --- | --- |

(18)

In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not participating in the adoption of this Decision, and is not bound by it or subject to its application.

| (19) | The European Economic and Social Committee has delivered an opinion on this Decision

   (12)

  , |
| --- | --- |

(19)

The European Economic and Social Committee has delivered an opinion on this Decision

   (12)

  ,

HAVE DECIDED AS FOLLOWS:

Article 1

Creation of the programme

1.   This Decision establishes the specific programme ‘Civil Justice’, hereinafter referred to as ‘the programme’, as part of the general programme ‘Fundamental Rights and Justice’, in order to contribute to the
  progressive establishment
  of the area of Freedom, Security and Justice.

2.   The programme shall cover the period from 1 January 2007 to 31 December 2013.

3.
     
  In this Decision the term ‘Member State’ shall mean Member States with the exception of Denmark.

Article 2

General objectives

1.   This programme shall have the following general objectives:

| (a) | to promote judicial cooperation with the aim of contributing to the creation of a genuine European area of justice in civil matters based on mutual recognition and mutual confidence; |
| --- | --- |

(a)

to promote judicial cooperation with the aim of contributing to the creation of a genuine European area of justice in civil matters based on mutual recognition and mutual confidence;

| (b) | to promote the
  elimination of obstacles to the good functioning of cross-border civil proceedings in the Member States; |
| --- | --- |

(b)

to promote the
  elimination of obstacles to the good functioning of cross-border civil proceedings in the Member States;

| (c) | to improve the daily life of individuals and businesses by enabling them to assert their rights throughout the European Union, notably by fostering access to justice; |
| --- | --- |

(c)

to improve the daily life of individuals and businesses by enabling them to assert their rights throughout the European Union, notably by fostering access to justice;

| (d) | to improve the contacts,
  exchange of information and networking
  between legal, judicial and administrative authorities and the legal professions,
  including by way of support of judicial training, with the aim of better mutual understanding between such authorities and professionals. |
| --- | --- |

(d)

to improve the contacts,
  exchange of information and networking
  between legal, judicial and administrative authorities and the legal professions,
  including by way of support of judicial training, with the aim of better mutual understanding between such authorities and professionals.

2.   Without prejudice to the objectives and powers of the Community, the general objectives of the programme contribute to the development of Community policies, and more specifically to the creation of a judicial area.

Article 3

Specific objectives

The programme shall have the following specific objectives:

| (a) | to foster judicial cooperation in civil matters aiming at:






  — | ensuring legal certainty and improving access to justice; |
| --- | --- | --- |

(a)

to foster judicial cooperation in civil matters aiming at:

—

ensuring legal certainty and improving access to justice;

| — | promoting mutual recognition
  of decisions in civil and commercial cases
  ; |
| --- | --- |

—

promoting mutual recognition
  of decisions in civil and commercial cases
  ;

| — | eliminating obstacles
  to cross-border litigation
  created by disparities in civil law and civil procedures and promoting the necessary
  compatibility
  of legislation
  for that purpose
  ; |
| --- | --- |

—

eliminating obstacles
  to cross-border litigation
  created by disparities in civil law and civil procedures and promoting the necessary
  compatibility
  of legislation
  for that purpose
  ;

| — | guaranteeing a proper administration of justice by avoiding conflicts of jurisdiction; |
| --- | --- |

—

guaranteeing a proper administration of justice by avoiding conflicts of jurisdiction;

| (b) | to improve mutual knowledge of Member States' legal and judicial systems in civil matters and to promote and strengthen networking, mutual cooperation, exchange and dissemination of information, experience and best practices; |
| --- | --- |

(b)

to improve mutual knowledge of Member States' legal and judicial systems in civil matters and to promote and strengthen networking, mutual cooperation, exchange and dissemination of information, experience and best practices;

| (c) | to ensure the sound implementation, the correct and concrete application and the evaluation of Community instruments in the areas of judicial cooperation in civil and commercial matters; |
| --- | --- |

(c)

to ensure the sound implementation, the correct and concrete application and the evaluation of Community instruments in the areas of judicial cooperation in civil and commercial matters;

| (d) | to improve information on the legal systems in the Member States and access to justice; |
| --- | --- |

(d)

to improve information on the legal systems in the Member States and access to justice;

| (e) | to promote the training
  of legal practitioners
  in European Union and Community
  law
  ; |
| --- | --- |

(e)

to promote the training
  of legal practitioners
  in European Union and Community
  law
  ;

| (f) | to evaluate the general conditions necessary to
  reinforce
  mutual confidence,
  while fully respecting the independence of judiciary
  ; |
| --- | --- |

(f)

to evaluate the general conditions necessary to
  reinforce
  mutual confidence,
  while fully respecting the independence of judiciary
  ;

| (g) | to
  facilitate
  the operation of the European judicial network in civil and commercial matters established by Council Decision 2001/470/CE of 28 May 2001
   (13). |
| --- | --- |

(g)

to
  facilitate
  the operation of the European judicial network in civil and commercial matters established by Council Decision 2001/470/CE of 28 May 2001
   (13).

Article 4

Actions

With a view to pursuing the general and specific objectives set out in Articles 2 and 3, this programme will support the following types of actions
  under the conditions set out in the annual work programmes
  :

| 1. | Specific actions
  initiated
  by the Commission, such as, studies and research, opinion polls and surveys, formulation of indicators and common methodologies, collection, development and dissemination of data and statistics, seminars, conferences and expert meetings, organisation of public campaigns and events, development and maintenance of websites, preparation and dissemination of information material, support for and management of networks of national experts and analytical, monitoring and evaluation activities; or |
| --- | --- |

1.

Specific actions
  initiated
  by the Commission, such as, studies and research, opinion polls and surveys, formulation of indicators and common methodologies, collection, development and dissemination of data and statistics, seminars, conferences and expert meetings, organisation of public campaigns and events, development and maintenance of websites, preparation and dissemination of information material, support for and management of networks of national experts and analytical, monitoring and evaluation activities; or

| 2. | Specific transnational projects of Community interest presented by
  an authority or any other body of a Member State, an international or non-governmental organisation, and involving in any case
  at least
  two
  Member States
  , or at least one Member State and one other State which may either be an acceding or a candidate country
  ; or |
| --- | --- |

2.

Specific transnational projects of Community interest presented by
  an authority or any other body of a Member State, an international or non-governmental organisation, and involving in any case
  at least
  two
  Member States
  , or at least one Member State and one other State which may either be an acceding or a candidate country
  ; or

| 3. | Support for the activities of non-governmental organisations or other entities pursuing an aim of general European interest in accordance with the general objectives of the programme under the conditions set out in the annual work programmes; or |
| --- | --- |

3.

Support for the activities of non-governmental organisations or other entities pursuing an aim of general European interest in accordance with the general objectives of the programme under the conditions set out in the annual work programmes; or

| 4. | Operating grants to co-finance expenditure associated with the permanent work programme of the European Network of Councils for the Judiciary and the Network of the Presidents of the Supreme Judicial Courts of the European Union, insofar as it is incurred in pursing an objective of general European interest by promoting exchanges of views and experience on matters concerning the jurisprudence, organisation and functioning of its members in the performance of their judicial and/or advisory functions, particularly with regard to Community law. |
| --- | --- |

4.

Operating grants to co-finance expenditure associated with the permanent work programme of the European Network of Councils for the Judiciary and the Network of the Presidents of the Supreme Judicial Courts of the European Union, insofar as it is incurred in pursing an objective of general European interest by promoting exchanges of views and experience on matters concerning the jurisprudence, organisation and functioning of its members in the performance of their judicial and/or advisory functions, particularly with regard to Community law.

Article 5

Participation

1.
     The following countries, hereinafter referred to as ‘participating countries’, may participate in the actions of the programme:
  the acceding countries,
  the candidate
  countries, as
  well as the western Balkan countries included in the stabilisation and association process in accordance with the conditions laid down in the association agreements or their additional protocols relating to participation in Community programmes concluded or to be concluded with those countries.

2.
     Projects may associate legal practitioners from Denmark, from the candidate countries not participating in this programme where this would contribute to their preparation for accession, or from other third countries not participating in this programme where this serves the aim of the projects.

Article 6

Target Groups

1.
     The programme is targeted at inter alia, legal practitioners, the national authorities and the citizens of the Union in general.

2.
     
  ‘Legal practitioners’ means, inter alia, judges, prosecutors, advocates, solicitors, notaries, academic and scientific personnel, ministry officials, court officers, bailiffs, court interpreters and other professionals associated with the judiciary in the area of civil law.

Article 7

Access to the programme

Access to this programme shall be open to institutions and public or private organisations, including professional organisations, universities, research institutes and legal and judicial training institutes for legal practitioners,
  international organisations and
  non-governmental organisations of the Member
  States
  .

Article 8

Types of intervention

1.   Community funding may take the following legal forms:

| — | grants; |
| --- | --- |

—

grants;

| — | public procurement contracts. |
| --- | --- |

—

public procurement contracts.

2.   Community grants shall be awarded further to calls for
  proposals, and
  shall be provided through operating grants and grants to actions. The maximum rate of co-financing will be specified in the annual work programmes.

3.   Furthermore, expenditure is foreseen for accompanying measures, through public procurement contracts, in which case Community funds will cover the purchase of services and goods. This will cover, inter alia, expenditure on information and communication, preparation, implementation, monitoring, checking and evaluation of projects, policies, programmes and legislation.

Article 9

Implementing measures

1.   The Commission shall implement the Community
  financial support
  in accordance with
  the Financial Regulation
  .

2.   To implement the programme, the Commission shall, within the limits of the general objectives set out in Article 2, adopt an annual work programme specifying its specific objectives, thematic priorities, a description of accompanying measures envisaged in Article 8 and if necessary a list of other actions.

3.   The annual work programme shall be adopted in accordance with the regulatory procedure with scrutiny referred to in
  Article 10(3)
  .

4.   The evaluation and award procedures relating to grants to actions shall take into account, inter alia, the following criteria:

| (a) | conformity with the annual work programme, the general objectives as specified in Article 2 and measures taken in the different domains as specified in Articles 3 and 4; |
| --- | --- |

(a)

conformity with the annual work programme, the general objectives as specified in Article 2 and measures taken in the different domains as specified in Articles 3 and 4;

| (b) | quality of the proposed action regarding its conception, organisation, presentation and expected results; |
| --- | --- |

(b)

quality of the proposed action regarding its conception, organisation, presentation and expected results;

| (c) | amount requested for community financing and its appropriateness as to expected results; |
| --- | --- |

(c)

amount requested for community financing and its appropriateness as to expected results;

| (d) | impact of the expected results on the general objectives defined in Article 2 and on measures taken in the different domains as specified in Articles 3 and 4. |
| --- | --- |

(d)

impact of the expected results on the general objectives defined in Article 2 and on measures taken in the different domains as specified in Articles 3 and 4.

5.   The applications for operating grants, referred to in Article 4(4), shall be assessed in the light of:

| — | consistency with the programme objectives; |
| --- | --- |

—

consistency with the programme objectives;

| — | quality of the planned activities; |
| --- | --- |

—

quality of the planned activities;

| — | likely multiplier effect on the public of these activities; |
| --- | --- |

—

likely multiplier effect on the public of these activities;

| — | geographic impact of the activities carried out; |
| --- | --- |

—

geographic impact of the activities carried out;

| — | citizen involvement in the organisation of the bodies concerned; |
| --- | --- |

—

citizen involvement in the organisation of the bodies concerned;

| — | cost/benefit ratio of the activity proposed. |
| --- | --- |

—

cost/benefit ratio of the activity proposed.

6.
     
  The Commission shall examine each of the draft actions submitted to it under Articles 4(2) and 4(3). Decisions related to these actions shall be adopted in accordance with the advisory procedure referred to in Article 10(2).

Article 10

Committee

1.   The Commission shall be assisted by a
  committee
  .

2.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

3.   
  Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 11

Complementarity

1.   Synergies and complementarity will be sought with other Community instruments, particularly the criminal justice specific programme of the general programme ‘Fundamental rights and Justice’, and the general programmes ‘Security and Safeguarding Liberties’ and ‘Solidarity and Management of Migration Flows’. The statistical element of information on civil justice will be developed in collaboration with Member States, using as necessary the Community Statistical Programme.

2.   The programme may
  exceptionally
  share resources with other Community instruments, in particular the criminal justice specific programme of the general programme ‘Fundamental rights and Justice’, in order to implement actions meeting the objectives of both programmes.

3.   Operations financed under this Decision shall not receive
  financial support
  for the same purpose from other
  Union or
  Community financial instruments.
  It shall be ensured that the
  beneficiaries of
  the programme
  provide the Commission with information about funding received from the Community budget and from other sources, as well as information about ongoing applications for funding.

Article 12

Budgetary Resources

1.   The
  financial envelope
  for the implementation of this instrument is set at 109,3 million euro for the period set out in Article 1.

2.   The budgetary resources allocated to the actions provided for in this programme shall be entered in the annual appropriations of the general budget of the European Union. The available annual appropriations shall be authorised by the budgetary authority within the limits of the financial
  framework
  .

Article 13

Monitoring

1.   
  The Commission shall ensure that for
  any action financed by the programme, the beneficiary
  submits
  technical and financial reports on the progress of work. A final report shall also be submitted within three months of the completion of the action.
  The Commission shall make the reports available to the Member States.
  The Commission shall determine the form and content of the reports.

2.   Without prejudice to the audits carried out by the Court of Auditors in liaison with the competent national audit bodies or departments pursuant to Article 248 of the Treaty, or any inspection carried out pursuant to Article 279(c) of the Treaty, officials and other staff of the Commission may carry out on-the-spot checks, including sample checks, on actions financed under the programme.

3.   Contracts and agreements resulting from this Decision shall provide in particular for supervision and financial control by the Commission (or any representative authorized by it), if necessary on-the-spot, and audits by the Court of Auditors.

4.   
  The Commission shall ensure that for
  a period of five years following the last payment in respect of any action, the beneficiary of financial assistance
  keeps
  available for the Commission all the supporting documents regarding expenditure on the action.

5.   On the basis of the results of the reports and sample checks referred to in paragraphs 1 and 2, the Commission shall
  ensure that

  the amount of the financial assistance originally approved, the conditions of its allocation and the timetable for its payments
  are adjusted as necessary
  .

6.   The Commission shall
  ensure that
  every other step necessary to verify that the actions financed are carried out properly and in compliance with the provisions of this Decision and the Financial Regulation
  is taken.

Article 14

Protection of Community financial interests

1.   The Commission shall ensure that, when actions financed under the present Decision are implemented, the financial interests of the Community are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and by the recovery of the amounts unduly paid and, if irregularities are detected, by effective, proportional and dissuasive penalties, in accordance with Regulations (EC, Euratom) No 2988/95, (Euratom, EC) No 2185/96, and (EC) No 1073/1999.

2.   For the Community actions financed under this programme, Regulation (EC, Euratom) No 2988/95 and Regulation (Euratom, EC) No 2185/96 shall apply to any infringement of a provision of Community law, including infringements of a contractual obligation stipulated on the basis of the programme, resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the European Union or budgets managed by the European Communities, by an unjustified item of expenditure.

3.   The Commission shall
  ensure that
  the amount of financial assistance granted for an action
  is reduced, suspended or recovered
  if it finds irregularities, including non-compliance with the provisions of this Decision or the individual decision or the contract or agreement granting the financial support in question, or if it transpires that, without Commission approval having being sought, the action has been subjected to a change which conflicts with the nature or implementing conditions of the project.

4.   If the time limits have not been observed or if only part of the allocated financial assistance is justified by the progress made with implementing an action, the Commission shall
  ensure that
  the beneficiary
  is requested
  to submit observations within a specified period. If the beneficiary does not give a satisfactory answer, the Commission
  shall ensure that
  the remaining financial assistance
  can be cancelled
  and
  repayment of
  sums already paid
  is demanded.

5.   
  The Commission shall ensure that any
  undue payment
  is
  repaid to the Commission. Interest shall be added to any sums not repaid in good time under the conditions laid down by the Financial Regulation.

Article 15

Evaluation

1.   The programme will be monitored regularly in order to follow the implementation of activities carried out under this programme.

2.   The Commission shall ensure the regular, independent, external evaluation of the programme.

3.   The Commission shall submit to the European Parliament and the Council:

| (a) | an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of this programme
  , and including on the work carried out by the beneficiaries of operating grants referred to in Article 4(4),
  no later than 31 March 2011; |
| --- | --- |

(a)

an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of this programme
  , and including on the work carried out by the beneficiaries of operating grants referred to in Article 4(4),
  no later than 31 March 2011;

| (b) | an annual presentation on the implementation of the programme; |
| --- | --- |

(b)

an annual presentation on the implementation of the programme;

| (c) | a Communication on the continuation of this programme no later than 30 August 2012; |
| --- | --- |

(c)

a Communication on the continuation of this programme no later than 30 August 2012;

| (d) | an ex post evaluation report no later than 31 December 2014. |
| --- | --- |

(d)

an ex post evaluation report no later than 31 December 2014.

Article 16

Publication of actions

Each year the Commission shall publish a list of actions financed under the programme with a short description of each project.

Article 17

Visibility

The Commission shall lay down guidelines to ensure the visibility of funding granted under this Decision.

Article 18

Entry into force

This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 1 January 2007.

Done at ..., ...

For the European Parliament,

The President

For the Council,

The President

---

(1)  
  Position of the European Parliament of 14 December 2006.

1

Position of the European Parliament of 14 December 2006.

(2)  OJ L 287, 8.11.1996, p. 3.

2

(3)  OJ L 196, 14.7.1998, p. 24.

3

(4)  OJ L 115, 1.5.2002, p. 1.

4

(5)  

  OJ C 139, 14.6.2006, p. 1.

5

OJ C 139, 14.6.2006, p. 1.

(6)  

  OJ L 312, 23.12.1995, p. 1.

6

OJ L 312, 23.12.1995, p. 1.

(7)  

  OJ L 292, 15.11.1996, p. 2.

7

OJ L 292, 15.11.1996, p. 2.

(8)  

  OJ L 136, 31.5.1999, p. 1.

8

OJ L 136, 31.5.1999, p. 1.

(9)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

9

Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

(10)  OJ L 357, 31.12.2002, p. 1.

10

(11)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/CE (OJ L 200, 22.7.2006, p. 11).

11

Decision as amended by Decision 2006/512/CE (OJ L 200, 22.7.2006, p. 11).

(12)  

  OJ C 69, 21.3.2006, p. 1.

12

OJ C 69, 21.3.2006, p. 1.

(13)  OJ L 174, 27.6.2001, p. 25.

13

P6_TA(2006)0581

European Refugee Fund ***I

European Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council establishing the European Refugee Fund for the period 2008-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (COM(2005)0123 — C6-0124/2005 — 2005/0046(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0123) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0123) (1),

| — | having regard to Article 251(2) and Article 63(2)(b) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0124/2005), |
| --- | --- |

—

having regard to Article 251(2) and Article 63(2)(b) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0124/2005),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Foreign Affairs, the Committee on Development and the Committee on Budgets(A6-0437/2006); |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Foreign Affairs, the Committee on Development and the Committee on Budgets(A6-0437/2006);

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and Commission.

---

(1)  Not yet published in OJ.

P6_TC1-COD(2005)0046

Position of the European Parliament adopted at first reading on 14 December 2006 with a view to the adoption of Decision No .../2007/EC of the European Parliament and of the Council on establishing the European Refugee Fund for the period 2008 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ and repealing Council Decision 2004/904/EC

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 63(2)(b) 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) | With a view to the progressive establishment of an area of freedom, security and justice, the Treaty provides both for the adoption of measures aimed at ensuring the free movement of persons, in conjunction with accompanying measures relating to external border controls, asylum and immigration, and for the adoption of measures relating to asylum, immigration and the safeguarding of the rights of third-country nationals. |
| --- | --- |

(1)

With a view to the progressive establishment of an area of freedom, security and justice, the Treaty provides both for the adoption of measures aimed at ensuring the free movement of persons, in conjunction with accompanying measures relating to external border controls, asylum and immigration, and for the adoption of measures relating to asylum, immigration and the safeguarding of the rights of third-country nationals.

| (2) | The European Council, at its meeting in Tampere on 15 and 16 October 1999, reaffirmed its resolve to create an area of freedom, security and justice. For that purpose, a common European policy on asylum and migration should aim both at the fair treatment of third-country nationals and the better management of migration flows. A common policy on asylum, including a Common European Asylum System, should be a constituent part of the European Union's objective of progressively establishing an area of freedom, security and justice open to those who, forced by circumstances, legitimately seek protection in the European Union. |
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(2)

The European Council, at its meeting in Tampere on 15 and 16 October 1999, reaffirmed its resolve to create an area of freedom, security and justice. For that purpose, a common European policy on asylum and migration should aim both at the fair treatment of third-country nationals and the better management of migration flows. A common policy on asylum, including a Common European Asylum System, should be a constituent part of the European Union's objective of progressively establishing an area of freedom, security and justice open to those who, forced by circumstances, legitimately seek protection in the European Union.

| (3) | This Decision respects fundamental rights and observes the principles as reflected, in particular, in the Charter of Fundamental Rights of the European Union and the Geneva Convention of 28 July 1951 relating to the Status of Refugees, as supplemented by the New York Protocol of 31 January 1967 (hereinafter referred to as ‘the Geneva Convention’). |
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(3)

This Decision respects fundamental rights and observes the principles as reflected, in particular, in the Charter of Fundamental Rights of the European Union and the Geneva Convention of 28 July 1951 relating to the Status of Refugees, as supplemented by the New York Protocol of 31 January 1967 (hereinafter referred to as ‘the Geneva Convention’).

| (4) | With respect to the treatment of persons falling within the scope of this Decision, Member States are bound by their obligations under instruments of international law to which they are party and which prohibit discrimination. |
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(4)

With respect to the treatment of persons falling within the scope of this Decision, Member States are bound by their obligations under instruments of international law to which they are party and which prohibit discrimination.

| (5) | The best interests of the child should be a primary consideration of Member States when implementing this Decision, in compliance with the UN Convention on the Rights of the Child, where applicable. |
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(5)

The best interests of the child should be a primary consideration of Member States when implementing this Decision, in compliance with the UN Convention on the Rights of the Child, where applicable.

| (6) | Implementation of this policy should be based on solidarity between Member States and requires mechanisms to promote a balance of efforts between Member States in receiving and bearing the consequences of receiving refugees and displaced persons. To that end, a European Refugee Fund was established for the period 2000 to 2004 by Council Decision 2000/596/EC (4). That decision was replaced by Council Decision 2004/904/EC of 2 December 2004 establishing the European Refugee Fund for the period 2005 to 2010 (5). This ensured continued solidarity between Member States in the light of recently adopted Community legislation in the field of asylum, taking account of the experience acquired when implementing the European Refugee Fund for the period 2000 to 2004. |
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(6)

Implementation of this policy should be based on solidarity between Member States and requires mechanisms to promote a balance of efforts between Member States in receiving and bearing the consequences of receiving refugees and displaced persons. To that end, a European Refugee Fund was established for the period 2000 to 2004 by Council Decision 2000/596/EC (4). That decision was replaced by Council Decision 2004/904/EC of 2 December 2004 establishing the European Refugee Fund for the period 2005 to 2010 (5). This ensured continued solidarity between Member States in the light of recently adopted Community legislation in the field of asylum, taking account of the experience acquired when implementing the European Refugee Fund for the period 2000 to 2004.

| (7) | In the Hague Programme of 4 and 5 November 2004, the European Council set a series of objectives and priorities with a view to further developing the Common European Asylum System in its second phase. |
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(7)

In the Hague Programme of 4 and 5 November 2004, the European Council set a series of objectives and priorities with a view to further developing the Common European Asylum System in its second phase.

| (8) | In particular, the European Council underlined the need for the European Union to contribute in a spirit of shared responsibility to a more accessible, equitable and effective international protection system and to provide access to protection and durable solutions at the earliest possible stage, and called for the development of EU-Regional Protection Programmes, including a joint resettlement programme for Member States willing to participate in such a programme. |
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(8)

In particular, the European Council underlined the need for the European Union to contribute in a spirit of shared responsibility to a more accessible, equitable and effective international protection system and to provide access to protection and durable solutions at the earliest possible stage, and called for the development of EU-Regional Protection Programmes, including a joint resettlement programme for Member States willing to participate in such a programme.

| (9) | The European Council also called for the establishment of appropriate structures involving the national asylum services of the Member States with a view to facilitating practical and collaborative cooperation, aimed at achieving an EU-wide single procedure, the joint compilation, assessment and application of country of origin information and addressing particular pressures on asylum systems or reception capacities resulting from factors such as geographic location. |
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(9)

The European Council also called for the establishment of appropriate structures involving the national asylum services of the Member States with a view to facilitating practical and collaborative cooperation, aimed at achieving an EU-wide single procedure, the joint compilation, assessment and application of country of origin information and addressing particular pressures on asylum systems or reception capacities resulting from factors such as geographic location.

| (10) | A new European Refugee Fund (hereinafter referred to as ‘the Fund’) should be established in the light of the establishment of the European Fund for the integration of legally-resident third-country nationals, the European Fund for the return of illegally-resident third-country nationals and the External Borders Fund for the period 2007 to 2013, as part of the General programme ‘Solidarity and Management of Migration Flows’, in particular with a view to setting out common management, control and evaluation arrangements. |
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(10)

A new European Refugee Fund (hereinafter referred to as ‘the Fund’) should be established in the light of the establishment of the European Fund for the integration of legally-resident third-country nationals, the European Fund for the return of illegally-resident third-country nationals and the External Borders Fund for the period 2007 to 2013, as part of the General programme ‘Solidarity and Management of Migration Flows’, in particular with a view to setting out common management, control and evaluation arrangements.

| (11) | In the light of the scope and the purpose of the Fund, it should not, in any event, support actions with respect to areas and centres for holding persons in third countries. |
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(11)

In the light of the scope and the purpose of the Fund, it should not, in any event, support actions with respect to areas and centres for holding persons in third countries.

| (12) | It is necessary to adapt the duration of the Fund to the duration of the multiannual financial framework as set out in the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (6). |
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(12)

It is necessary to adapt the duration of the Fund to the duration of the multiannual financial framework as set out in the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (6).

| (13) | This Decision is designed to form part of a coherent framework, which also includes Decision No .../2007/EC of the European Parliament and of the Council of ... establishing the External Borders Fund for the period 2007-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (7)
   (*), Decision No .../2007/EC of the European Parliament and of the Council of ... establishing the European Return Fund for the period 2008-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (8)
   (*), and Council Decision No .../2007/EC of ... establishing the European Fund for the Integration of Third-country Nationals for the period 2007-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (9)
   (*), which aims to address the issue of fairly sharing responsibilities between Member States as concerns the financial burden arising from the introduction of integrated management of the European Union's external borders and from the implementation of common policies on asylum and immigration, as developed in accordance with Title IV of Part Three of the Treaty. |
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(13)

This Decision is designed to form part of a coherent framework, which also includes Decision No .../2007/EC of the European Parliament and of the Council of ... establishing the External Borders Fund for the period 2007-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (7)
   (*), Decision No .../2007/EC of the European Parliament and of the Council of ... establishing the European Return Fund for the period 2008-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (8)
   (*), and Council Decision No .../2007/EC of ... establishing the European Fund for the Integration of Third-country Nationals for the period 2007-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (9)
   (*), which aims to address the issue of fairly sharing responsibilities between Member States as concerns the financial burden arising from the introduction of integrated management of the European Union's external borders and from the implementation of common policies on asylum and immigration, as developed in accordance with Title IV of Part Three of the Treaty.

| (14) | It is appropriate to support and improve the efforts made by Member States to grant appropriate reception conditions to refugees, displaced persons and beneficiaries of subsidiary protection, in accordance with Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (10), to apply fair and effective asylum procedures and to promote good practice in the field of asylum so as to protect the rights of persons requiring international protection and enable Member States' asylum systems to work efficiently. |
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(14)

It is appropriate to support and improve the efforts made by Member States to grant appropriate reception conditions to refugees, displaced persons and beneficiaries of subsidiary protection, in accordance with Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (10), to apply fair and effective asylum procedures and to promote good practice in the field of asylum so as to protect the rights of persons requiring international protection and enable Member States' asylum systems to work efficiently.

| (15) | The integration of refugees into the society of the country in which they are established is one of the objectives of the Geneva Convention. Such persons must be enabled to share the values set out in the Charter of Fundamental Rights of the European Union. To this end, there should be support for action by Member States to promote their social, economic and cultural integration in so far as it contributes to economic and social cohesion, the maintenance and strengthening of which is one of the Community's fundamental tasks provided for in Articles 2 and 3(1)(k) of the Treaty. |
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(15)

The integration of refugees into the society of the country in which they are established is one of the objectives of the Geneva Convention. Such persons must be enabled to share the values set out in the Charter of Fundamental Rights of the European Union. To this end, there should be support for action by Member States to promote their social, economic and cultural integration in so far as it contributes to economic and social cohesion, the maintenance and strengthening of which is one of the Community's fundamental tasks provided for in Articles 2 and 3(1)(k) of the Treaty.

| (16) | In the light of the Hague Programme, it is necessary to ensure that the Fund's resources are used in the most efficient way possible to achieve the aims of European Union asylum policy, taking into account the need to support resettlement and practical cooperation between Member States, inter alia as a means of addressing particular pressures on reception capacities and asylum systems. |
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(16)

In the light of the Hague Programme, it is necessary to ensure that the Fund's resources are used in the most efficient way possible to achieve the aims of European Union asylum policy, taking into account the need to support resettlement and practical cooperation between Member States, inter alia as a means of addressing particular pressures on reception capacities and asylum systems.

| (17) | The Fund should support Member States' efforts relating to the enhancement of their capacity to develop, monitor and evaluate their asylum policies in light of their obligations under Community legislation, in particular with a view to engaging in practical cooperation between Member States. |
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(17)

The Fund should support Member States' efforts relating to the enhancement of their capacity to develop, monitor and evaluate their asylum policies in light of their obligations under Community legislation, in particular with a view to engaging in practical cooperation between Member States.

| (18) | The Fund should also support the voluntary efforts made by Member States to provide international protection and a durable solution in their territories to refugees and displaced persons identified as eligible for resettlement by the United Nations High Commissioner for Refugees (UNHCR), such as the actions that the Member States implement to assess the resettlement needs and transfer the persons concerned to their territories, with a view to granting them a secure legal status and to promoting their effective integration. |
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(18)

The Fund should also support the voluntary efforts made by Member States to provide international protection and a durable solution in their territories to refugees and displaced persons identified as eligible for resettlement by the United Nations High Commissioner for Refugees (UNHCR), such as the actions that the Member States implement to assess the resettlement needs and transfer the persons concerned to their territories, with a view to granting them a secure legal status and to promoting their effective integration.

| (19) | It is in the nature of the Fund that it should be able to provide support to voluntary burden-sharing operations agreed between Member States and consisting of the transfer of beneficiaries of international protection, and of applicants for international protection, from one Member State to another which grants them equivalent protection. |
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(19)

It is in the nature of the Fund that it should be able to provide support to voluntary burden-sharing operations agreed between Member States and consisting of the transfer of beneficiaries of international protection, and of applicants for international protection, from one Member State to another which grants them equivalent protection.

| (20) | The Fund should also be able to offer adequate support to joint efforts by Member States to identify, share and promote best practices and establish effective cooperation structures in order to enhance the quality of decision-making within the framework of the Common European Asylum System. |
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(20)

The Fund should also be able to offer adequate support to joint efforts by Member States to identify, share and promote best practices and establish effective cooperation structures in order to enhance the quality of decision-making within the framework of the Common European Asylum System.

| (21) | A financial reserve should be established for the implementation of emergency measures to provide temporary protection in the event of a mass influx of displaced persons, pursuant to Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (11). |
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(21)

A financial reserve should be established for the implementation of emergency measures to provide temporary protection in the event of a mass influx of displaced persons, pursuant to Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (11).

| (22) | It should also be possible to use that financial reserve to support Member States' efforts to address situations of particular pressure which result from sudden arrivals of large numbers of persons who may be in need of international protection and which place significant and urgent demands on Member States' reception facilities or asylum systems. The conditions and the procedure for granting financial assistance in these situations should be laid down. |
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(22)

It should also be possible to use that financial reserve to support Member States' efforts to address situations of particular pressure which result from sudden arrivals of large numbers of persons who may be in need of international protection and which place significant and urgent demands on Member States' reception facilities or asylum systems. The conditions and the procedure for granting financial assistance in these situations should be laid down.

| (23) | The support provided by the Fund would be more efficient and better targeted if co-financing of eligible actions were based on a multiannual programme, subject to a mid-term review, and on an annual programme drawn up by each Member State taking into account its situation and needs. |
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(23)

The support provided by the Fund would be more efficient and better targeted if co-financing of eligible actions were based on a multiannual programme, subject to a mid-term review, and on an annual programme drawn up by each Member State taking into account its situation and needs.

| (24) | Whilst it is appropriate to award a fixed amount to each Member State, it remains fair to allocate a large part of the available annual resources in proportion to the burden borne by each Member State through its efforts in receiving refugees and displaced persons, including refugees enjoying international protection within the framework of national programmes. |
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(24)

Whilst it is appropriate to award a fixed amount to each Member State, it remains fair to allocate a large part of the available annual resources in proportion to the burden borne by each Member State through its efforts in receiving refugees and displaced persons, including refugees enjoying international protection within the framework of national programmes.

| (25) | Persons granted international protection and a durable solution through resettlement should be included in the numbers of beneficiaries of international protection taken into account when allocating the available annual resources between Member States. |
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(25)

Persons granted international protection and a durable solution through resettlement should be included in the numbers of beneficiaries of international protection taken into account when allocating the available annual resources between Member States.

| (26) | Taking into account the importance of the strategic use of resettlement from countries or regions designated for the implementation of regional protection programmes, it is necessary to provide additional financial support for the resettlement of persons from the Western Newly Independent Sates and sub-Saharan Africa, which were so designated in the Communication from the Commission to the European Parliament and the Council on regional protection programmes of 1 September 2005 and the Council Conclusions of 12 October 2005, and from any other countries or regions that are so designated in the future. |
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(26)

Taking into account the importance of the strategic use of resettlement from countries or regions designated for the implementation of regional protection programmes, it is necessary to provide additional financial support for the resettlement of persons from the Western Newly Independent Sates and sub-Saharan Africa, which were so designated in the Communication from the Commission to the European Parliament and the Council on regional protection programmes of 1 September 2005 and the Council Conclusions of 12 October 2005, and from any other countries or regions that are so designated in the future.

| (27) | It is equally necessary to provide additional financial support to resettlement actions targeted at certain particularly vulnerable categories of persons, where resettlement is determined to be the most appropriate response to their special needs. |
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(27)

It is equally necessary to provide additional financial support to resettlement actions targeted at certain particularly vulnerable categories of persons, where resettlement is determined to be the most appropriate response to their special needs.

| (28) | In the context of shared management as referred to in Article 53(1)(b) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (12) (hereinafter referred to as ‘the Financial Regulation’), the conditions allowing the Commission to exercise its responsibilities for implementation of the general budget of the European Union should be specified and the obligations for the cooperation of the Member States clarified. Applying those conditions would enable the Commission to satisfy itself that Member States are using the Fund in a lawful and correct manner and in accordance with the principle of sound financial management within the meaning of Articles 27 and 48(2) of the Financial Regulation. |
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(28)

In the context of shared management as referred to in Article 53(1)(b) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (12) (hereinafter referred to as ‘the Financial Regulation’), the conditions allowing the Commission to exercise its responsibilities for implementation of the general budget of the European Union should be specified and the obligations for the cooperation of the Member States clarified. Applying those conditions would enable the Commission to satisfy itself that Member States are using the Fund in a lawful and correct manner and in accordance with the principle of sound financial management within the meaning of Articles 27 and 48(2) of the Financial Regulation.

| (29) | Member States should adopt adequate measures to guarantee the proper functioning of the management and control system and the quality of implementation. To this end, it is necessary to establish general principles and necessary functions which all programmes should fulfil. |
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(29)

Member States should adopt adequate measures to guarantee the proper functioning of the management and control system and the quality of implementation. To this end, it is necessary to establish general principles and necessary functions which all programmes should fulfil.

| (30) | In accordance with the principles of subsidiarity and proportionality, Member States should have the primary responsibility for the implementation and control of the interventions of the Fund. |
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(30)

In accordance with the principles of subsidiarity and proportionality, Member States should have the primary responsibility for the implementation and control of the interventions of the Fund.

| (31) | The obligations on the Member States as regards management and control systems, the certification of expenditure, and the prevention, detection and correction of irregularities and infringements of Community law should be specified in order to guarantee efficient and correct implementation of their multiannual and annual programmes. In particular, as far as management and control are concerned, it is necessary to establish the arrangements by which Member States ensure that the relevant systems are in place and function satisfactorily. |
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(31)

The obligations on the Member States as regards management and control systems, the certification of expenditure, and the prevention, detection and correction of irregularities and infringements of Community law should be specified in order to guarantee efficient and correct implementation of their multiannual and annual programmes. In particular, as far as management and control are concerned, it is necessary to establish the arrangements by which Member States ensure that the relevant systems are in place and function satisfactorily.

| (32) | Without prejudice to the Commission's powers as regards financial control, cooperation between the Member States and the Commission in this field should be encouraged. |
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(32)

Without prejudice to the Commission's powers as regards financial control, cooperation between the Member States and the Commission in this field should be encouraged.

| (33) | The effectiveness and impact of actions supported by the Fund also depend on their evaluation and the dissemination of their results. The responsibilities of the Member States and the Commission in this regard, and arrangements to ensure the reliability of evaluation and the quality of the related information, should be formalised. |
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(33)

The effectiveness and impact of actions supported by the Fund also depend on their evaluation and the dissemination of their results. The responsibilities of the Member States and the Commission in this regard, and arrangements to ensure the reliability of evaluation and the quality of the related information, should be formalised.

| (34) | Bearing in mind the importance of visibility of Community funding, the Commission should provide guidance facilitating the proper acknowledgement of the support received by any authority, non-governmental organisation, international organisation or other entity receiving a grant under this Fund, taking into account the practice with respect to other instruments under shared management, such as the Structural Funds. |
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(34)

Bearing in mind the importance of visibility of Community funding, the Commission should provide guidance facilitating the proper acknowledgement of the support received by any authority, non-governmental organisation, international organisation or other entity receiving a grant under this Fund, taking into account the practice with respect to other instruments under shared management, such as the Structural Funds.

| (35) | Actions should be evaluated with a view to a mid-term review and impact assessment, and the evaluation process should be incorporated into project monitoring arrangements. |
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(35)

Actions should be evaluated with a view to a mid-term review and impact assessment, and the evaluation process should be incorporated into project monitoring arrangements.

| (36) | This Decision establishes a financial envelope for the entire duration of the programme, which constitutes the prime reference for the budgetary authority during the annual budgetary procedure, according to point 37 of the Interinstitutional Agreement on budgetary discipline and sound financial management. |
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(36)

This Decision establishes a financial envelope for the entire duration of the programme, which constitutes the prime reference for the budgetary authority during the annual budgetary procedure, according to point 37 of the Interinstitutional Agreement on budgetary discipline and sound financial management.

| (37) | Since the objective of this Decision, namely to promote a balance of effort between Member States in receiving refugees and displaced persons, cannot be sufficiently achieved by the Member States and can therefore by reason of the scale and effects of the action be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary to achieve this objective. |
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(37)

Since the objective of this Decision, namely to promote a balance of effort between Member States in receiving refugees and displaced persons, cannot be sufficiently achieved by the Member States and can therefore by reason of the scale and effects of the action be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary to achieve this objective.

| (38) | The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (13). |
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(38)

The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (13).

| (39) | Since the measure of this Decision relating to the adoption of strategic guidelines is of general scope and is designed to amend non-essential elements of this Decision, inter alia by deleting some of those elements or by supplementing this Decision by the addition of new non-essential elements, it should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. On grounds of efficiency, the normal time-limits for the regulatory procedure with scrutiny should be curtailed for the adoption of the strategic guidelines. |
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(39)

Since the measure of this Decision relating to the adoption of strategic guidelines is of general scope and is designed to amend non-essential elements of this Decision, inter alia by deleting some of those elements or by supplementing this Decision by the addition of new non-essential elements, it should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. On grounds of efficiency, the normal time-limits for the regulatory procedure with scrutiny should be curtailed for the adoption of the strategic guidelines.

| (40) | Decision 2004/904/EC should be repealed. |
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(40)

Decision 2004/904/EC should be repealed.

| (41) | In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Ireland has notified, by letter of 6 September 2005, its wish to take part in the adoption and application of this Decision. |
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(41)

In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Ireland has notified, by letter of 6 September 2005, its wish to take part in the adoption and application of this Decision.

| (42) | In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom has notified, by letter of 27 October 2005, its wish to take part in the adoption and application of this Decision. |
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(42)

In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom has notified, by letter of 27 October 2005, its wish to take part in the adoption and application of this Decision.

| (43) | In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision and is not bound by it or subject to its application. |
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(43)

In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision and is not bound by it or subject to its application.

| (44) | In accordance with the second indent of paragraph 2 of Article 67 of the Treaty, Council Decision 2004/927/EC of 22 December 2004 providing for certain areas covered by Title IV of Part Three of the Treaty establishing the European Community to be governed by the procedure laid down in Article 251 of that Treaty (14) rendered the procedure referred to in Article 251 of the Treaty applicable in the areas covered by Articles 62(1), (2)(a) and (3) and 63(2)(b) and (3)(b) of that Treaty, |
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(44)

In accordance with the second indent of paragraph 2 of Article 67 of the Treaty, Council Decision 2004/927/EC of 22 December 2004 providing for certain areas covered by Title IV of Part Three of the Treaty establishing the European Community to be governed by the procedure laid down in Article 251 of that Treaty (14) rendered the procedure referred to in Article 251 of the Treaty applicable in the areas covered by Articles 62(1), (2)(a) and (3) and 63(2)(b) and (3)(b) of that Treaty,

HAVE ADOPTED THIS DECISION:

CHAPTER I

SUBJECT-MATTER, OBJECTIVES AND ACTIONS

Article 1

Subject matter and scope

This Decision establishes for the period from 1 January 2008 to 31 December 2013 the European Refugee Fund (hereinafter referred to as ‘the Fund’), as part of a coherent framework which also includes Decision No .../2007/EC (**), Decision No .../2007/EC (***), and Decision No .../2007/EC (****), in order to contribute to the strengthening of the area of freedom, security and justice and the application of the principle of solidarity between the Member States.

This Decision defines the objectives to which the Fund contributes, its implementation, the available financial resources and the distribution criteria for the allocation of the available financial resources.

It establishes the Fund's management rules, including financial rules, as well as monitoring and control mechanisms, based on the sharing of responsibilities between the Commission and the Member States.

Article 2

General objective of the Fund

1.   The general objective of the Fund shall be to support and encourage the efforts made by the Member States in receiving, and in bearing the consequences of receiving, refugees and displaced persons, taking account of Community legislation on those matters, by co-financing the actions provided for in this Decision.

2.   The Fund shall contribute to the financing of technical assistance at the initiative of the Member States or the Commission.

Article 3

Eligible actions in the Member States

1.   The Fund shall support actions in Member States relating to one or more of the following:

| (a) | reception conditions and asylum procedures; |
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(a)

reception conditions and asylum procedures;

| (b) | integration of persons referred to in Article 6 whose stay in a particular Member State is of a lasting and stable nature; |
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(b)

integration of persons referred to in Article 6 whose stay in a particular Member State is of a lasting and stable nature;

| (c) | enhancement of Member States' capacity to develop, monitor and evaluate their asylum policies in the light of their obligations under existing and future Community legislation relating to the Common European Asylum System, in particular with a view to engaging in practical cooperation activities between Member States; |
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(c)

enhancement of Member States' capacity to develop, monitor and evaluate their asylum policies in the light of their obligations under existing and future Community legislation relating to the Common European Asylum System, in particular with a view to engaging in practical cooperation activities between Member States;

| (d) | resettlement of persons referred to in Article 6(e). For the purposes of this Decision, resettlement means the process whereby, on a request from UNHCR based on a person's need for international protection, third-country nationals or stateless persons are transferred from a third country to a Member State where they are permitted to reside with one of the following statuses:






  (i) | refugee status within the meaning of Article 2(d) of Directive 2004/83/EC, or |
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(d)

resettlement of persons referred to in Article 6(e). For the purposes of this Decision, resettlement means the process whereby, on a request from UNHCR based on a person's need for international protection, third-country nationals or stateless persons are transferred from a third country to a Member State where they are permitted to reside with one of the following statuses:

(i)

refugee status within the meaning of Article 2(d) of Directive 2004/83/EC, or

| (ii) | a status which offers the same rights and benefits under national and Community law as refugee status; |
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(ii)

a status which offers the same rights and benefits under national and Community law as refugee status;

| (e) | transfer of persons falling within the categories referred to in Article 6(a) and (b) from the Member State which granted them international protection to another Member State where they will be granted similar protection and of persons falling within the category referred to in Article 6(c) to another Member State where their applications for international protection will be examined. |
| --- | --- |

(e)

transfer of persons falling within the categories referred to in Article 6(a) and (b) from the Member State which granted them international protection to another Member State where they will be granted similar protection and of persons falling within the category referred to in Article 6(c) to another Member State where their applications for international protection will be examined.

2.   As regards reception conditions and asylum procedures, eligible actions shall include the following:

| (a) | accommodation infrastructure or services; |
| --- | --- |

(a)

accommodation infrastructure or services;

| (b) | structures and training to ensure access to asylum procedures for asylum seekers; |
| --- | --- |

(b)

structures and training to ensure access to asylum procedures for asylum seekers;

| (c) | provision of material aid and medical or psychological care; |
| --- | --- |

(c)

provision of material aid and medical or psychological care;

| (d) | social assistance, information or help with administrative and/or judicial formalities and information or counselling on the possible outcomes of the asylum procedure, including on aspects such as voluntary return; |
| --- | --- |

(d)

social assistance, information or help with administrative and/or judicial formalities and information or counselling on the possible outcomes of the asylum procedure, including on aspects such as voluntary return;

| (e) | legal aid and language assistance; |
| --- | --- |

(e)

legal aid and language assistance;

| (f) | education, language training and other initiatives which are consistent with the status of the person concerned; |
| --- | --- |

(f)

education, language training and other initiatives which are consistent with the status of the person concerned;

| (g) | the provision of support services such as translation and training to help improve reception conditions and the efficiency and quality of asylum procedures; |
| --- | --- |

(g)

the provision of support services such as translation and training to help improve reception conditions and the efficiency and quality of asylum procedures;

| (h) | information for local communities as well as training for the staff of local authorities, who will be interacting with those being received in the host country; |
| --- | --- |

(h)

information for local communities as well as training for the staff of local authorities, who will be interacting with those being received in the host country;

| (i) | transfer of persons falling within the category referred to in Article 6(c) from the Member State where they are located to the Member State responsible for the examination of their asylum application. |
| --- | --- |

(i)

transfer of persons falling within the category referred to in Article 6(c) from the Member State where they are located to the Member State responsible for the examination of their asylum application.

3.   As regards the integration into Member States' societies of persons referred to in paragraph 1(b) and members of their family, eligible actions shall include the following:

| (a) | advice and assistance in areas such as housing, means of subsistence, integration into the labour market, medical, psychological and social care; |
| --- | --- |

(a)

advice and assistance in areas such as housing, means of subsistence, integration into the labour market, medical, psychological and social care;

| (b) | actions enabling such persons to adapt to the society of the Member State in socio-cultural terms, and to share the values enshrined in the Charter of Fundamental Rights of the European Union; |
| --- | --- |

(b)

actions enabling such persons to adapt to the society of the Member State in socio-cultural terms, and to share the values enshrined in the Charter of Fundamental Rights of the European Union;

| (c) | actions to promote durable and sustainable participation in civil and cultural life; |
| --- | --- |

(c)

actions to promote durable and sustainable participation in civil and cultural life;

| (d) | measures focusing on education, vocational training, or recognition of qualifications and diplomas; |
| --- | --- |

(d)

measures focusing on education, vocational training, or recognition of qualifications and diplomas;

| (e) | actions designed to promote self-empowerment and to enable such persons to provide for themselves; |
| --- | --- |

(e)

actions designed to promote self-empowerment and to enable such persons to provide for themselves;

| (f) | actions that promote meaningful contact and constructive dialogue between such persons and the receiving society, including actions which promote the involvement of key partners such as the general public, local authorities, refugee associations, voluntary groups, social partners and the broader civil society; |
| --- | --- |

(f)

actions that promote meaningful contact and constructive dialogue between such persons and the receiving society, including actions which promote the involvement of key partners such as the general public, local authorities, refugee associations, voluntary groups, social partners and the broader civil society;

| (g) | measures to support the acquisition of skills by such persons, including language training; |
| --- | --- |

(g)

measures to support the acquisition of skills by such persons, including language training;

| (h) | actions that promote both equality of access and equality of outcomes in relation to such persons' dealings with public institutions. |
| --- | --- |

(h)

actions that promote both equality of access and equality of outcomes in relation to such persons' dealings with public institutions.

4.   As regards actions relating to the enhancement of Member States' capacity to develop, monitor and evaluate their asylum policies, the following, in particular, shall be eligible for support from the Fund:

| (a) | actions promoting the collection, compilation, use and dissemination of country of origin information, including translation; |
| --- | --- |

(a)

actions promoting the collection, compilation, use and dissemination of country of origin information, including translation;

| (b) | actions enhancing the capacity to collect, analyse and disseminate statistics on asylum procedures, reception, integration and beneficiaries of international protection; |
| --- | --- |

(b)

actions enhancing the capacity to collect, analyse and disseminate statistics on asylum procedures, reception, integration and beneficiaries of international protection;

| (c) | actions enhancing the capacity to assess asylum applications, including appeals; |
| --- | --- |

(c)

actions enhancing the capacity to assess asylum applications, including appeals;

| (d) | actions contributing to the evaluation of asylum policies, such as national impact assessments, surveys among target groups, the development of indicators and benchmarking. |
| --- | --- |

(d)

actions contributing to the evaluation of asylum policies, such as national impact assessments, surveys among target groups, the development of indicators and benchmarking.

5.   As regards actions relating to resettlement, the following, in particular, shall be eligible for support from the Fund:

| (a) | actions relating to the establishment and development of a resettlement programme; |
| --- | --- |

(a)

actions relating to the establishment and development of a resettlement programme;

| (b) | actions relating to the assessment of potential resettlement cases by the competent Member States' authorities, such as conducting missions to the host country, interviews, medical and security screening; |
| --- | --- |

(b)

actions relating to the assessment of potential resettlement cases by the competent Member States' authorities, such as conducting missions to the host country, interviews, medical and security screening;

| (c) | pre-departure health assessment and medical treatment; |
| --- | --- |

(c)

pre-departure health assessment and medical treatment;

| (d) | pre-departure material provisions; |
| --- | --- |

(d)

pre-departure material provisions;

| (e) | pre-departure information measures; |
| --- | --- |

(e)

pre-departure information measures;

| (f) | travel arrangements, including the provision of medical escort services; |
| --- | --- |

(f)

travel arrangements, including the provision of medical escort services;

| (g) | information and assistance immediately upon arrival, including interpretation services. |
| --- | --- |

(g)

information and assistance immediately upon arrival, including interpretation services.

6.   As regards actions relating to the transfer of beneficiaries of and applicants for international protection between Member States, the following, in particular, shall be eligible for support from the Fund:

| (a) | pre-departure information measures; |
| --- | --- |

(a)

pre-departure information measures;

| (b) | travel arrangements, including the provision of medical escort services; |
| --- | --- |

(b)

travel arrangements, including the provision of medical escort services;

| (c) | information and assistance immediately upon arrival, including interpretation services. |
| --- | --- |

(c)

information and assistance immediately upon arrival, including interpretation services.

7.   The actions referred to in paragraphs 2 and 3 shall also be eligible for support from the Fund where they are targeted at the persons referred to in Article 6(e).

8.   Actions provided for in paragraphs 1 to 6 shall, in particular, promote the implementation of the provisions of the relevant Community legislation in the field of the Common European Asylum System.

9.   Actions shall take account of gender-related issues, the best interests of children, the specific situation of vulnerable persons such as minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, victims of torture, or rape or other serious forms of psychological, physical or sexual violence or abuse, victims of trafficking, and individuals in need of emergency care and essential treatment of illness.

10.   The Fund shall only support actions with respect to accommodation of persons referred to in Article 6(c) which is separate from areas or centres solely destined for persons whose entry is refused or for persons who are intercepted after crossing an external border illegally or when approaching an external border with a view to entering the territory of the Member States illegally.

Article 4

Community actions

1.   At the Commission's initiative, up to 10 % of the Fund's available resources may be used to finance transnational actions or actions of interest to the Community as a whole (hereinafter referred to as ‘Community actions’) concerning asylum policy and measures applicable to the target groups referred to in Article 6.

2.   To be eligible for funding, Community actions shall, in particular:

| (a) | further Community cooperation in implementing Community law and good practices, including interpretation and translation services supporting such cooperation; |
| --- | --- |

(a)

further Community cooperation in implementing Community law and good practices, including interpretation and translation services supporting such cooperation;

| (b) | support the setting-up of transnational cooperation networks and pilot projects based on transnational partnerships between bodies located in two or more Member States designed to stimulate innovation, facilitate exchanges of experience and good practice and improve the quality of asylum policy; |
| --- | --- |

(b)

support the setting-up of transnational cooperation networks and pilot projects based on transnational partnerships between bodies located in two or more Member States designed to stimulate innovation, facilitate exchanges of experience and good practice and improve the quality of asylum policy;

| (c) | support transnational awareness-raising campaigns; |
| --- | --- |

(c)

support transnational awareness-raising campaigns;

| (d) | support studies, dissemination and exchange of information on best practices and all other aspects of asylum policies, including on the use of state-of-the-art technology and on cooperation at national level between key partners, such as local and regional authorities, refugee associations and voluntary groups; |
| --- | --- |

(d)

support studies, dissemination and exchange of information on best practices and all other aspects of asylum policies, including on the use of state-of-the-art technology and on cooperation at national level between key partners, such as local and regional authorities, refugee associations and voluntary groups;

| (e) | support pilot projects, including innovative projects, and studies exploring the possibility of new forms of Community cooperation and Community law in this area; |
| --- | --- |

(e)

support pilot projects, including innovative projects, and studies exploring the possibility of new forms of Community cooperation and Community law in this area;

| (f) | support development and application by Member States of common statistical tools, methods and indicators for measuring policy developments in the field of asylum; |
| --- | --- |

(f)

support development and application by Member States of common statistical tools, methods and indicators for measuring policy developments in the field of asylum;

| (g) | offer to networks linking non-governmental organisations which assist refugees and asylum seekers and which are present in at least 10 Member States structural support intended to facilitate exchanges of experience and sound practice and to ensure that the development of Community asylum policy and practice takes into account the experience gained by non-governmental organisations and the interests of refugees and asylum seekers; |
| --- | --- |

(g)

offer to networks linking non-governmental organisations which assist refugees and asylum seekers and which are present in at least 10 Member States structural support intended to facilitate exchanges of experience and sound practice and to ensure that the development of Community asylum policy and practice takes into account the experience gained by non-governmental organisations and the interests of refugees and asylum seekers;

| (h) | provide Member States with support services in the event of duly substantiated emergency situations requiring urgent action. |
| --- | --- |

(h)

provide Member States with support services in the event of duly substantiated emergency situations requiring urgent action.

3.   The annual work programme laying down the priorities for Community actions shall be adopted in accordance with the procedure referred to in Article 52(2).

Article 5

Emergency measures

1.   In the event of temporary protection mechanisms within the meaning of Directive 2001/55/EC being implemented, the Fund shall also finance measures to help the Member States, such measures being separate from, and in addition to, the actions referred to in Article 3.

2.   Without prejudice to paragraph 1, the Fund shall also provide assistance to Member States for the implementation of emergency measures aimed at addressing situations of particular pressure. Such situations are characterised by the sudden arrival at particular points on the borders of a large number of third-country nationals who may be in need of international protection, which place exceptionally heavy and urgent demands on the reception facilities, the asylum system or infrastructure of the Member State(s) concerned and may give rise to risks to human life, well being or access to protection provided under Community legislation.

3.   The actions implemented in order to address the situations of particular pressure referred to in paragraph 2 shall be eligible for support from the Fund if:

| (a) | they are intended to be implemented immediately and cannot practicably be included in the relevant annual programme; and |
| --- | --- |

(a)

they are intended to be implemented immediately and cannot practicably be included in the relevant annual programme; and

| (b) | their duration does not exceed six months. |
| --- | --- |

(b)

their duration does not exceed six months.

4.   Eligible emergency measures shall concern the following types of action:

| (a) | reception and accommodation; |
| --- | --- |

(a)

reception and accommodation;

| (b) | provision of means of subsistence, including food and clothing; |
| --- | --- |

(b)

provision of means of subsistence, including food and clothing;

| (c) | medical, psychological or other assistance; |
| --- | --- |

(c)

medical, psychological or other assistance;

| (d) | staff and administration costs linked to the reception of persons concerned and implementation of the measures; |
| --- | --- |

(d)

staff and administration costs linked to the reception of persons concerned and implementation of the measures;

| (e) | logistical and transport costs; |
| --- | --- |

(e)

logistical and transport costs;

| (f) | legal aid and language assistance; |
| --- | --- |

(f)

legal aid and language assistance;

| (g) | provision of translation and interpretation services, country of origin information expertise and other measures contributing to the rapid identification of persons who may be in need of international protection and to a fair and efficient processing of asylum applications. |
| --- | --- |

(g)

provision of translation and interpretation services, country of origin information expertise and other measures contributing to the rapid identification of persons who may be in need of international protection and to a fair and efficient processing of asylum applications.

5.   Measures under paragraph 4 may be supported by expert teams.

Article 6

Target groups

For the purposes of this Decision the target groups shall comprise the following categories:

| (a) | any third-country national or stateless person having the status defined by the Geneva Convention and who is permitted to reside as a refugee in one of the Member States; |
| --- | --- |

(a)

any third-country national or stateless person having the status defined by the Geneva Convention and who is permitted to reside as a refugee in one of the Member States;

| (b) | any third-country national or stateless person enjoying a form of subsidiary protection within the meaning of Directive 2004/83/EC; |
| --- | --- |

(b)

any third-country national or stateless person enjoying a form of subsidiary protection within the meaning of Directive 2004/83/EC;

| (c) | any third-country national or stateless person who has applied for one of the forms of protection described in points (a) and (b); |
| --- | --- |

(c)

any third-country national or stateless person who has applied for one of the forms of protection described in points (a) and (b);

| (d) | any third-country national or stateless person enjoying temporary protection within the meaning of Directive 2001/55/EC; |
| --- | --- |

(d)

any third-country national or stateless person enjoying temporary protection within the meaning of Directive 2001/55/EC;

| (e) | any third-country national or stateless person who is being or has been resettled in a Member State. |
| --- | --- |

(e)

any third-country national or stateless person who is being or has been resettled in a Member State.

CHAPTER II

PRINCIPLES OF ASSISTANCE

Article 7

Complementarity, consistency and compliance

1.   The Fund shall provide assistance which complements national, regional and local actions, integrating into them the priorities of the Community.

2.   The Commission and the Member States shall ensure that assistance from the Fund and the Member States is consistent with the activities, policies and priorities of the Community. This consistency shall be indicated in particular in the multiannual programme referred to in Article 18.

3.   Operations financed by the Fund shall comply with the provisions of the Treaty and of acts adopted thereunder.

Article 8

Programming

1.   The objectives of the Fund shall be pursued within the framework of the multiannual programming period from 2008 to 2013, subject to a mid-term review in accordance with Article 22. The multiannual programming system shall include the priorities and a process for management, decision making, auditing and certification.

2.   The multiannual programmes approved by the Commission shall be implemented by means of annual programmes.

Article 9

Subsidiary and proportional intervention

1.   Implementation of multiannual and annual programmes referred to in Articles 18 and 20 shall be the responsibility of Member States at the appropriate territorial level, in accordance with the institutional system specific to each Member State. This responsibility shall be exercised in accordance with this Decision.

2.   In relation to audit provisions, the means employed by the Commission and the Member States shall vary according to the size of the Community contribution. The same principle shall apply to provisions on evaluation and to the reports on multiannual and annual programmes.

Article 10

Implementation methods

1.   The Community budget allocated to the Fund shall be implemented in accordance with Article 53(1)(b) of the Financial Regulation, with the exception of the Community actions referred to in Article 4 and the technical assistance referred to in Article 15 of this Decision.

2.   The Commission shall exercise its responsibility for implementing the general budget of the European Union by:

| (a) | checking the existence and proper functioning of management and control systems in the Member States in accordance with the procedures described in Article 32; |
| --- | --- |

(a)

checking the existence and proper functioning of management and control systems in the Member States in accordance with the procedures described in Article 32;

| (b) | withholding or suspending payments, in full or in part, in accordance with the procedures described in Articles 41 and 42, if the national management and control systems fail, and applying any other financial correction required, in accordance with the procedures described in Articles 45 and 46. |
| --- | --- |

(b)

withholding or suspending payments, in full or in part, in accordance with the procedures described in Articles 41 and 42, if the national management and control systems fail, and applying any other financial correction required, in accordance with the procedures described in Articles 45 and 46.

Article 11

Partnership

1.   Each Member State shall organise, in accordance with current national rules and practices, a partnership with the authorities and bodies which are involved in the implementation of the multiannual programme or which, according to the Member State concerned, are able to make a useful contribution to its development.

Such authorities and bodies may include the competent regional, local, urban and other public authorities, international organisations, in particular UNHCR, and bodies representing civil society, such as non-governmental organisations or social partners.

2.   Such partnership shall be conducted in full compliance with the respective institutional, legal and financial jurisdiction of each partner category.

CHAPTER III

FINANCIAL FRAMEWORK

Article 12

Global resources

1.   The financial envelope for the implementation of this Decision from 1 January 2008 to 31 December 2013 shall be 628 million euro.

2.   The annual appropriations shall be authorised by the budgetary authority within the limits of the Financial Framework.

3.   The Commission shall make indicative annual breakdowns by Member States in accordance with the criteria established in Article 13.

Article 13

Annual distribution of resources for eligible action in the Member States

1.   Each Member State shall receive a fixed amount of 300 000euro from the Fund's annual allocation.

This amount shall be raised to 500 000euro per annum for the period 2008 to 2013 for Member States which acceded to the European Union on 1 May 2004.

This amount shall be raised to 500 000euro per annum for Member States which accede to the European Union during the period from 2007 to 2013 for the remaining part of the period from 2008 to 2013 as from the year following their accession.

2.   The remainder of the available annual resources shall be broken down between the Member States as follows:

| (a) | 30 % in proportion to the number of persons who fall into one of the categories referred to in Article 6(a), (b) and (e) admitted over the previous three years; |
| --- | --- |

(a)

30 % in proportion to the number of persons who fall into one of the categories referred to in Article 6(a), (b) and (e) admitted over the previous three years;

| (b) | 70 % in proportion to the number of persons who fall into one of the categories referred to in Article 6(c) and (d) registered over the previous three years. |
| --- | --- |

(b)

70 % in proportion to the number of persons who fall into one of the categories referred to in Article 6(c) and (d) registered over the previous three years.

For the purposes of this breakdown, persons referred to in Article 6(e) shall not be taken into account under the category referred to in Article 6(a).

3.   Member States shall receive a fixed amount of 4 000euro for each resettled person falling into one of the following categories:

| (a) | persons from a country or region designated for the implementation of a Regional Protection Programme; |
| --- | --- |

(a)

persons from a country or region designated for the implementation of a Regional Protection Programme;

| (b) | unaccompanied minors; |
| --- | --- |

(b)

unaccompanied minors;

| (c) | children and women at risk, particularly from psychological, physical or sexual violence or exploitation; |
| --- | --- |

(c)

children and women at risk, particularly from psychological, physical or sexual violence or exploitation;

| (d) | persons with serious medical needs that can only be addressed through resettlement. |
| --- | --- |

(d)

persons with serious medical needs that can only be addressed through resettlement.

4.   Where a Member State resettles a person falling within more than one of the categories referred to in paragraph 3, it shall receive the fixed amount for this person only once.

5.   The reference figures shall be the latest statistics produced by the Commission (Eurostat), on the basis of data provided by Member States in accordance with Community law.

Where Member States have not supplied the Commission (Eurostat) with the statistics concerned, they shall provide provisional data as soon as possible.

Before accepting these data as reference figures, the Commission (Eurostat) shall evaluate the quality, comparability and completeness of the statistical information in accordance with normal operational procedures. At the request of the Commission (Eurostat), Member States shall provide it with all the necessary information to do so.

6.   By 1 May each year, Member States shall provide the Commission with an estimate of the number of persons referred to in paragraph 3 whom they will resettle the following year, including a breakdown by the different categories referred to in that paragraph. The Commission shall communicate this information to the Committee referred to in Article 52.

Article 14

Financing structure

1.   Financial contributions under the Fund shall take the form of grants.

2.   Actions supported by the Fund shall be co-financed by public or private sources, shall be of a non-profit nature and shall not be eligible for funding from other sources covered by the general budget of the European Union.

3.   Fund appropriations shall be complementary to public or equivalent expenditure allocated by Member States to the measures covered by this Decision.

4.   The Community contribution to supported projects, as regards actions implemented in the Member States under Article 3, shall not exceed 50 % of the total cost of a specific action.

This may be increased to 75 % for projects addressing specific priorities identified in the strategic guidelines referred to in Article 17.

The Community contribution shall be increased to 75 % in the Member States covered by the Cohesion Fund.

5.   Within the framework of the implementation of national programming as set out in Chapter IV, Member States shall select projects for financing on the basis of the following minimum criteria:

| (a) | the situation and requirements in the Member State concerned; |
| --- | --- |

(a)

the situation and requirements in the Member State concerned;

| (b) | the cost-effectiveness of the expenditure, inter alia in view of the number of persons concerned by the project; |
| --- | --- |

(b)

the cost-effectiveness of the expenditure, inter alia in view of the number of persons concerned by the project;

| (c) | the experience, expertise, reliability and financial contribution of the organisation applying for funding and any partner organisation; |
| --- | --- |

(c)

the experience, expertise, reliability and financial contribution of the organisation applying for funding and any partner organisation;

| (d) | the extent to which the project complements other actions funded by the general budget of the European Union or as part of national programmes. |
| --- | --- |

(d)

the extent to which the project complements other actions funded by the general budget of the European Union or as part of national programmes.

6.   As a general rule, Community financial aid for actions supported by the Fund shall be granted for a period of no more than three years, subject to periodic progress reports.

7.   The Community contribution to supporting actions implemented under Article 3(4) shall not exceed 15 % of the total of the annual resources allocated to each Member State in accordance with Article 13.

Article 15

Technical assistance at the initiative of the Commission

1.   At the initiative of and/or on behalf of the Commission, subject to a ceiling of 500 000euro of the Fund's annual allocation, the Fund may finance preparatory measures, monitoring, administrative and technical support measures, as well as evaluation, audit and inspection measures necessary for implementing this Decision.

2.   Those measures shall include:

| (a) | studies, evaluations, expert reports and statistics, including those of a general nature concerning the operation of the Fund; |
| --- | --- |

(a)

studies, evaluations, expert reports and statistics, including those of a general nature concerning the operation of the Fund;

| (b) | information measures for the Member States, the final beneficiaries and the general public, including awareness-raising campaigns and a common database of projects financed under the Fund; |
| --- | --- |

(b)

information measures for the Member States, the final beneficiaries and the general public, including awareness-raising campaigns and a common database of projects financed under the Fund;

| (c) | the installation, operation and interconnection of computerised systems for management, monitoring, inspection and evaluation; |
| --- | --- |

(c)

the installation, operation and interconnection of computerised systems for management, monitoring, inspection and evaluation;

| (d) | the design of a common framework for evaluation and monitoring as well as a system of indicators, taking into account, where appropriate, national indicators; |
| --- | --- |

(d)

the design of a common framework for evaluation and monitoring as well as a system of indicators, taking into account, where appropriate, national indicators;

| (e) | improvements in evaluation methods and the exchange of information on practices in this field; |
| --- | --- |

(e)

improvements in evaluation methods and the exchange of information on practices in this field;

| (f) | information and training measures for the authorities designated by Member States in accordance with Article 25, complementary to the efforts of the Member States to provide guidance to their authorities in accordance with Article 31(2). |
| --- | --- |

(f)

information and training measures for the authorities designated by Member States in accordance with Article 25, complementary to the efforts of the Member States to provide guidance to their authorities in accordance with Article 31(2).

Article 16

Technical assistance at the initiative of the Member States

1.   At the initiative of a Member State, for each annual programme, the Fund may finance preparatory measures, management, monitoring, evaluation, information and control measures, as well as measures for the reinforcement of the administrative capacity for the implementation of the Fund.

2.   The amount set aside for technical assistance under each annual programme may not exceed:

| (a) | for the period 2008 to 2010, 7 % of the total annual amount of co-financing allocated to that Member State plus 30 000euro; and |
| --- | --- |

(a)

for the period 2008 to 2010, 7 % of the total annual amount of co-financing allocated to that Member State plus 30 000euro; and

| (b) | for the period 2011 to 2013, 4 % of the total annual amount of co-financing allocated to that Member State plus 30 000euro. |
| --- | --- |

(b)

for the period 2011 to 2013, 4 % of the total annual amount of co-financing allocated to that Member State plus 30 000euro.

CHAPTER IV

PROGRAMMING

Article 17

Adoption of strategic guidelines

1.   The Commission shall adopt strategic guidelines setting out a framework for the intervention of the Fund, taking into account progress in the development and implementation of Community legislation in the area of asylum policy as well as the indicative distribution of the financial resources of the Fund for the period of the multiannual programme.

2.   For each of the objectives of the Fund, those guidelines shall in particular give effect to the priorities of the Community with a view to promoting the implementation of the Common European Asylum System.

3.   The Commission shall adopt the strategic guidelines relating to the multiannual programming period by 31 July 2007 at the latest.

4.   The strategic guidelines shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 52(3). Those strategic guidelines, once adopted, shall be annexed to this Decision.

Article 18

Preparation and approvalof national multiannual programmes

1.   Each Member State shall propose, on the basis of the strategic guidelines referred to in Article 17, a draft multiannual programme which shall consist of the following elements:

| (a) | a description of the current situation in that Member State as regards arrangements for reception, asylum procedures, counselling for voluntary return, integration, and resettlement and transfer from another Member State of persons covered by Article 6, as well as the development, monitoring and evaluation of asylum policies; |
| --- | --- |

(a)

a description of the current situation in that Member State as regards arrangements for reception, asylum procedures, counselling for voluntary return, integration, and resettlement and transfer from another Member State of persons covered by Article 6, as well as the development, monitoring and evaluation of asylum policies;

| (b) | an analysis of requirements in the Member State in question in terms of reception, asylum procedures, counselling for voluntary return, integration, and resettlement and transfer from another Member State of persons covered by Article 6, as well as the development, monitoring and evaluation of asylum policies; |
| --- | --- |

(b)

an analysis of requirements in the Member State in question in terms of reception, asylum procedures, counselling for voluntary return, integration, and resettlement and transfer from another Member State of persons covered by Article 6, as well as the development, monitoring and evaluation of asylum policies;

| (c) | the presentation of an appropriate strategy to achieve those objectives and the priorities attached to their attainment, and a description of the actions envisaged to implement those priorities; |
| --- | --- |

(c)

the presentation of an appropriate strategy to achieve those objectives and the priorities attached to their attainment, and a description of the actions envisaged to implement those priorities;

| (d) | an indication of whether that strategy is compatible with other regional, national and Community instruments; |
| --- | --- |

(d)

an indication of whether that strategy is compatible with other regional, national and Community instruments;

| (e) | information on the priorities and their specific targets. Those targets shall be quantified using a limited number of indicators, taking into account the proportionality principle. The indicators must make it possible to measure the progress in relation to the baseline situation and the effectiveness of the targets implementing the priorities; |
| --- | --- |

(e)

information on the priorities and their specific targets. Those targets shall be quantified using a limited number of indicators, taking into account the proportionality principle. The indicators must make it possible to measure the progress in relation to the baseline situation and the effectiveness of the targets implementing the priorities;

| (f) | a description of the approach chosen for the implementation of the partnership principle laid down in Article 11; |
| --- | --- |

(f)

a description of the approach chosen for the implementation of the partnership principle laid down in Article 11;

| (g) | a draft financing plan which sets out, for each priority and each annual programme, the Fund's proposed financial contribution and the overall amount of public or private co-financing; |
| --- | --- |

(g)

a draft financing plan which sets out, for each priority and each annual programme, the Fund's proposed financial contribution and the overall amount of public or private co-financing;

| (h) | the provisions laid down to ensure that the multiannual programme is made public. |
| --- | --- |

(h)

the provisions laid down to ensure that the multiannual programme is made public.

2.   Member States shall submit their draft multiannual programme to the Commission no later than four months after the Commission has provided the strategic guidelines for the period in question.

3.   In order to approve the draft multiannual programme, the Commission shall examine:

| (a) | the draft multiannual programme's consistency with the objectives of the Fund and the strategic guidelines referred to in Article 17; |
| --- | --- |

(a)

the draft multiannual programme's consistency with the objectives of the Fund and the strategic guidelines referred to in Article 17;

| (b) | the relevance of the actions envisaged in the draft multiannual programme in the light of the strategy which is proposed; |
| --- | --- |

(b)

the relevance of the actions envisaged in the draft multiannual programme in the light of the strategy which is proposed;

| (c) | the compliance of the management and control arrangements set up by the Member State for the implementation of the Fund's interventions with the provisions of this Decision; |
| --- | --- |

(c)

the compliance of the management and control arrangements set up by the Member State for the implementation of the Fund's interventions with the provisions of this Decision;

| (d) | the draft multiannual programme's compliance with Community law and, in particular, with Community law aiming at ensuring the free movement of persons in conjunction with the directly related accompanying measures with respect to external border controls, asylum and immigration. |
| --- | --- |

(d)

the draft multiannual programme's compliance with Community law and, in particular, with Community law aiming at ensuring the free movement of persons in conjunction with the directly related accompanying measures with respect to external border controls, asylum and immigration.

4.   Where the Commission considers that a draft multiannual programme is inconsistent with the strategic guidelines and/or does not comply with the provisions of this Decision setting out management and control systems or with Community law, it shall invite the Member State concerned to provide all necessary additional information and, where appropriate, to revise the draft multiannual programme accordingly.

5.   The Commission shall approve each multiannual programme within three months of its formal submission, in accordance with the procedure referred to in Article 52(2).

Article 19

Revision of multiannual programmes

1.   At the initiative of the Member State in question or the Commission, the multiannual programme shall be re-examined and, if necessary, revised for the rest of the programming period in order to take greater or different account of Community priorities. Multiannual programmes may be re-examined in the light of evaluations and/or following implementation difficulties.

2.   The Commission shall adopt a decision approving the revision of the multiannual programme as soon as possible after the formal submission of a request to that effect by the Member State concerned. The revision of the multiannual programme shall be carried out in accordance with the procedure referred to in Article 52(2).

Article 20

Annual programmes

1.   The multiannual programme approved by the Commission shall be implemented by means of annual programmes.

2.   The Commission shall provide the Member States, by 1 July of each year, with an estimate of the amounts to be allocated to them for the following year from the total appropriations allocated under the annual budgetary procedure, calculated as provided for by Article 13.

3.   Member States shall submit to the Commission, by 1 November of each year, a draft annual programme for the following year, established in accordance with the multi-annual programme and consisting of the following elements:

| (a) | the general rules for selection of projects to be financed under the annual programme; |
| --- | --- |

(a)

the general rules for selection of projects to be financed under the annual programme;

| (b) | a description of the actions to be supported under the annual programme; |
| --- | --- |

(b)

a description of the actions to be supported under the annual programme;

| (c) | the proposed financial breakdown of the Fund's contribution between the programme's various actions; and an indication of the amount requested to cover technical assistance under Article 16 for the purpose of implementing the annual programme. |
| --- | --- |

(c)

the proposed financial breakdown of the Fund's contribution between the programme's various actions; and an indication of the amount requested to cover technical assistance under Article 16 for the purpose of implementing the annual programme.

4.   By way of derogation from paragraph 3, Member States shall submit the draft annual programmes for 2008 to the Commission by 1 March 2008.

5.   When examining the draft annual programme of a Member State, the Commission shall take account of the final amount of the appropriations allocated to the Fund under the budgetary procedure.

Within one month of the formal submission of the draft annual programme, the Commission shall inform the Member State concerned of whether it can be approved. If the draft annual programme is inconsistent with the multiannual programme, the Commission shall invite that Member State to provide all necessary information and, where appropriate, to revise the draft annual programme accordingly.

The Commission shall adopt the financing decision approving the annual programme by 1 March of the year in question. The decision shall indicate the amount allocated to the Member State concerned and the period for which the expenditure is eligible.

6.   To take into account duly substantiated emergency situations which were not foreseen at the time of the approval of the annual programme and which require urgent action, a Member State may revise up to 10 % of the financial breakdown of the contribution from the Fund between the various actions listed in the annual programme or allocate up to 10 % of the breakdown to other actions in accordance with this Decision. The Member State concerned shall inform the Commission of the revised annual programme.

Article 21

Special provisions concerning emergency measures

1.   Member States shall provide the Commission with a statement of requirements and an implementation plan for the emergency measures provided for in Article 5, including a description of the planned measures and the bodies responsible for implementing them.

2.   A Member State requesting assistance from the Fund in order to address a situation of particular pressure, as described in Article 5(2), shall submit to the Commission an application providing all available relevant information, including:

| (a) | a detailed description of the current situation, in particular concerning the number of arrivals, the effects on reception capacities, the asylum system or infrastructure and the urgent needs, as well as a substantiated forecast of possible developments in the situation in the short-term; |
| --- | --- |

(a)

a detailed description of the current situation, in particular concerning the number of arrivals, the effects on reception capacities, the asylum system or infrastructure and the urgent needs, as well as a substantiated forecast of possible developments in the situation in the short-term;

| (b) | a substantiated indication of the exceptional character of the situation, demonstrated by elements which may include recent statistics and other data regarding the inflow of persons at the particular point of the border concerned; |
| --- | --- |

(b)

a substantiated indication of the exceptional character of the situation, demonstrated by elements which may include recent statistics and other data regarding the inflow of persons at the particular point of the border concerned;

| (c) | a detailed description of the emergency measures envisaged, their scale, their nature and the partners concerned; |
| --- | --- |

(c)

a detailed description of the emergency measures envisaged, their scale, their nature and the partners concerned;

| (d) | a breakdown of the estimated costs of the measures envisaged. |
| --- | --- |

(d)

a breakdown of the estimated costs of the measures envisaged.

The Commission shall decide whether the conditions for granting financial assistance for emergency measures from the Fund are fulfilled and set the amount of financial assistance to be granted on the basis of the information referred to above as well as any additional relevant information at its disposal. The Commission shall inform Member States of that decision.

3.   Financial assistance from the Fund for the emergency measures provided for in Article 5 shall be limited to a period of six months and shall not exceed 80 % of the cost of each measure.

4.   In the event of the implementation of the temporary protection mechanism, as referred to in Article 5(1), available resources shall be distributed among the Member States on the basis of the number of persons benefiting from temporary protection in each Member State as referred to in Article 5(1).

Article 22

Mid-term review of the multiannual programme

1.   The Commission shall review the strategic guidelines and, where necessary, adopt, by 31 March 2010, revised strategic guidelines for the period 2011 to 2013.

2.   If such revised strategic guidelines are adopted, each Member State shall re-examine its multiannual programme and, where appropriate, revise it.

3.   The rules laid down in Article 18 on the preparation and approval of national multiannual programmes shall apply mutatis mutandis to the preparation and approval of these revised multiannual programmes.

4.   The revised strategic guidelines shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 52(3).

CHAPTER V

MANAGEMENT AND CONTROL SYSTEMS

Article 23

Implementation

The Commission shall be responsible for implementing this Decision and shall adopt such implementing rules as may be necessary.

Article 24

General principles of management and control systems

The management and control systems of multiannual programmes set up by Member States shall provide for:

| (a) | the definition of the functions of the bodies concerned in management and control and the allocation of functions within each body; |
| --- | --- |

(a)

the definition of the functions of the bodies concerned in management and control and the allocation of functions within each body;

| (b) | respect for the principle of separation of functions between and within such bodies; |
| --- | --- |

(b)

respect for the principle of separation of functions between and within such bodies;

| (c) | adequate resources for each body to carry out the functions which have been allocated to it throughout the period of implementation of actions co-financed by the Fund; |
| --- | --- |

(c)

adequate resources for each body to carry out the functions which have been allocated to it throughout the period of implementation of actions co-financed by the Fund;

| (d) | procedures for ensuring the correctness and regularity of the expenditure declared under the annual programmes; |
| --- | --- |

(d)

procedures for ensuring the correctness and regularity of the expenditure declared under the annual programmes;

| (e) | reliable accounting, monitoring and financial reporting systems in computerised form; |
| --- | --- |

(e)

reliable accounting, monitoring and financial reporting systems in computerised form;

| (f) | a system of reporting and monitoring where the responsible body entrusts the performance of tasks to another body; |
| --- | --- |

(f)

a system of reporting and monitoring where the responsible body entrusts the performance of tasks to another body;

| (g) | manuals of procedures in relation to the functions to be performed; |
| --- | --- |

(g)

manuals of procedures in relation to the functions to be performed;

| (h) | arrangements for auditing the functioning of the system; |
| --- | --- |

(h)

arrangements for auditing the functioning of the system;

| (i) | systems and procedures to ensure an adequate audit trail; |
| --- | --- |

(i)

systems and procedures to ensure an adequate audit trail;

| (j) | procedures for reporting and monitoring irregularities and for the recovery of amounts unduly paid. |
| --- | --- |

(j)

procedures for reporting and monitoring irregularities and for the recovery of amounts unduly paid.

Article 25

Designation of authorities

1.   For the implementation of its multiannual programme and annual programmes the Member State shall designate the following:

| (a) | a responsible authority: a functional body of the Member State, national public authority or body designated by the Member State or a body which is governed by the private law of the Member State and has a public service mission, which shall be responsible for the management of the multiannual programme and annual programmes supported by the Fund and handle all communication with the Commission; |
| --- | --- |

(a)

a responsible authority: a functional body of the Member State, national public authority or body designated by the Member State or a body which is governed by the private law of the Member State and has a public service mission, which shall be responsible for the management of the multiannual programme and annual programmes supported by the Fund and handle all communication with the Commission;

| (b) | a certifying authority: a national public authority or body, or individual acting as such a body or authority, designated by the Member State to certify declarations of expenditure before they are sent to the Commission; |
| --- | --- |

(b)

a certifying authority: a national public authority or body, or individual acting as such a body or authority, designated by the Member State to certify declarations of expenditure before they are sent to the Commission;

| (c) | an audit authority: a national public authority or body, provided that it is functionally independent of the responsible authority and the certifying authority, designated by the Member State and responsible for verifying the effective functioning of the management and control system; |
| --- | --- |

(c)

an audit authority: a national public authority or body, provided that it is functionally independent of the responsible authority and the certifying authority, designated by the Member State and responsible for verifying the effective functioning of the management and control system;

| (d) | where appropriate, a delegated authority. |
| --- | --- |

(d)

where appropriate, a delegated authority.

2.   The Member State shall lay down rules governing its relations with the authorities referred to in paragraph 1 and their relations with the Commission.

3.   Subject to Article 24 (b), some or all of the authorities referred to in paragraph 1 of this Article may be located within the same body.

4.   The rules for implementing Articles 26 to 30 shall be adopted by the Commission in accordance with the procedure referred to in Article 52(2).

Article 26

Responsible authority

1.   The responsible authority shall meet the following minimum conditions. It shall:

| (a) | have legal personality, except where it is a functional body of the Member State; |
| --- | --- |

(a)

have legal personality, except where it is a functional body of the Member State;

| (b) | have the infrastructure required for easy communication with a wide range of users and with the responsible bodies in the other Member States and the Commission; |
| --- | --- |

(b)

have the infrastructure required for easy communication with a wide range of users and with the responsible bodies in the other Member States and the Commission;

| (c) | work in an administrative context allowing it to carry out its tasks correctly and avoiding any conflict of interest; |
| --- | --- |

(c)

work in an administrative context allowing it to carry out its tasks correctly and avoiding any conflict of interest;

| (d) | be in a position to apply Community fund management rules; |
| --- | --- |

(d)

be in a position to apply Community fund management rules;

| (e) | have financial and management capacities proportionate to the volume of Community funds which it will be called upon to manage; |
| --- | --- |

(e)

have financial and management capacities proportionate to the volume of Community funds which it will be called upon to manage;

| (f) | have at its disposal personnel with appropriate professional qualifications for administrative work in an international environment. |
| --- | --- |

(f)

have at its disposal personnel with appropriate professional qualifications for administrative work in an international environment.

2.   The Member State shall provide the responsible authority with adequate funding so that it can continue to carry out its tasks properly throughout the period 2008 to 2013.

3.   The Commission may assist the Member States in the training of staff, in particular as regards the correct application of Chapters V to IX.

Article 27

Tasks of the responsible authority

1.   The responsible authority shall be responsible for managing and implementing the multi-annual programme in accordance with the principle of sound financial management.

It shall in particular:

| (a) | consult partners in accordance with Article 11; |
| --- | --- |

(a)

consult partners in accordance with Article 11;

| (b) | submit to the Commission proposals for multiannual and annual programmes to which Articles 18 and 20 refer; |
| --- | --- |

(b)

submit to the Commission proposals for multiannual and annual programmes to which Articles 18 and 20 refer;

| (c) | organise and advertise calls for tenders and proposals if appropriate; |
| --- | --- |

(c)

organise and advertise calls for tenders and proposals if appropriate;

| (d) | organise the selection of projects for co-financing under the Fund in accordance with the criteria set out in Article 14(5); |
| --- | --- |

(d)

organise the selection of projects for co-financing under the Fund in accordance with the criteria set out in Article 14(5);

| (e) | receive payments made by the Commission, and make payments to the final beneficiaries; |
| --- | --- |

(e)

receive payments made by the Commission, and make payments to the final beneficiaries;

| (f) | ensure consistency and complementarity between co-financing under the Fund and from other relevant national and Community financial instruments; |
| --- | --- |

(f)

ensure consistency and complementarity between co-financing under the Fund and from other relevant national and Community financial instruments;

| (g) | monitor the delivery of the co-financed products and services and check that the expenditure declared for actions has actually been incurred and complies with Community and national rules; |
| --- | --- |

(g)

monitor the delivery of the co-financed products and services and check that the expenditure declared for actions has actually been incurred and complies with Community and national rules;

| (h) | ensure that there is a system for recording and storing in computerised form accounting records of each action under the annual programmes and that the data on implementation necessary for financial management, monitoring, control and evaluation are collected; |
| --- | --- |

(h)

ensure that there is a system for recording and storing in computerised form accounting records of each action under the annual programmes and that the data on implementation necessary for financial management, monitoring, control and evaluation are collected;

| (i) | ensure that final beneficiaries and other bodies involved in the implementation of actions co-financed by the Fund maintain either a separate accounting system or an adequate accounting code for all transactions relating to the action without prejudice to national accounting rules; |
| --- | --- |

(i)

ensure that final beneficiaries and other bodies involved in the implementation of actions co-financed by the Fund maintain either a separate accounting system or an adequate accounting code for all transactions relating to the action without prejudice to national accounting rules;

| (j) | ensure that the evaluations of the Fund referred to in Article 49 are carried out within the time limits laid down in Article 50(2) and meet the quality standards agreed between the Commission and the Member State; |
| --- | --- |

(j)

ensure that the evaluations of the Fund referred to in Article 49 are carried out within the time limits laid down in Article 50(2) and meet the quality standards agreed between the Commission and the Member State;

| (k) | set up procedures to ensure that all documents regarding expenditure and audits required to ensure an adequate audit trail are held in accordance with the requirements referred to in Article 43; |
| --- | --- |

(k)

set up procedures to ensure that all documents regarding expenditure and audits required to ensure an adequate audit trail are held in accordance with the requirements referred to in Article 43;

| (l) | ensure that the audit authority receives for the purposes of carrying out the audits defined in Article 30(1) all necessary information on management procedures operated and the projects co-financed by the Fund; |
| --- | --- |

(l)

ensure that the audit authority receives for the purposes of carrying out the audits defined in Article 30(1) all necessary information on management procedures operated and the projects co-financed by the Fund;

| (m) | ensure that the certifying authority receives all necessary information on the procedures and verifications carried out in relation to expenditure for the purpose of certification; |
| --- | --- |

(m)

ensure that the certifying authority receives all necessary information on the procedures and verifications carried out in relation to expenditure for the purpose of certification;

| (n) | draw up and submit to the Commission progress and final reports on the implementation of the annual programmes, declarations of expenditure certified by the certifying authority and requests for payment or, where appropriate, statements of reimbursement; |
| --- | --- |

(n)

draw up and submit to the Commission progress and final reports on the implementation of the annual programmes, declarations of expenditure certified by the certifying authority and requests for payment or, where appropriate, statements of reimbursement;

| (o) | carry out information and advisory activities and disseminate results of supported actions; |
| --- | --- |

(o)

carry out information and advisory activities and disseminate results of supported actions;

| (p) | cooperate with the Commission and the responsible authorities in the other Member States; |
| --- | --- |

(p)

cooperate with the Commission and the responsible authorities in the other Member States;

| (q) | verify the implementation by the final beneficiaries of the guidelines referred to in Article 33(6). |
| --- | --- |

(q)

verify the implementation by the final beneficiaries of the guidelines referred to in Article 33(6).

2.   The responsible authority's management activities for projects implemented in the Member States may be financed under the technical assistance arrangements referred to in Article 16.

Article 28

Delegation of tasks by the responsible authority

1.   Where all or some of the responsible authority's tasks are delegated to a delegated authority, the responsible authority shall define the scope of the tasks delegated, and set out detailed procedures for the implementation of the delegated tasks, which shall comply with the conditions laid down in Article 26.

2.   These procedures shall include supplying the responsible authority with regular information on the effective performance of the delegated tasks and a description of the means employed.

Article 29

Certifying authority

1.   The certifying authority shall:

| (a) | certify that:






  (i) | the declaration of expenditure is accurate, results from reliable accounting systems and is based on verifiable supporting documents, |
| --- | --- | --- |

(a)

certify that:

(i)

the declaration of expenditure is accurate, results from reliable accounting systems and is based on verifiable supporting documents,

| (ii) | the expenditure declared complies with applicable Community and national rules and has been incurred in respect of actions selected in accordance with the criteria applicable to the programme and complying with Community and national rules; |
| --- | --- |

(ii)

the expenditure declared complies with applicable Community and national rules and has been incurred in respect of actions selected in accordance with the criteria applicable to the programme and complying with Community and national rules;

| (b) | ensure for the purposes of certification that it has received adequate information from the responsible authority on the procedures and verifications carried out in relation to expenditure included in declarations of expenditure; |
| --- | --- |

(b)

ensure for the purposes of certification that it has received adequate information from the responsible authority on the procedures and verifications carried out in relation to expenditure included in declarations of expenditure;

| (c) | take account for the purposes of certification of the results of all audits carried out by or under the responsibility of the audit authority; |
| --- | --- |

(c)

take account for the purposes of certification of the results of all audits carried out by or under the responsibility of the audit authority;

| (d) | maintain accounting records in computerised form of expenditure declared to the Commission; |
| --- | --- |

(d)

maintain accounting records in computerised form of expenditure declared to the Commission;

| (e) | verify the recovery of any Community financing found to have been unduly paid as a result of irregularities detected, together with interest where appropriate; |
| --- | --- |

(e)

verify the recovery of any Community financing found to have been unduly paid as a result of irregularities detected, together with interest where appropriate;

| (f) | keep an account of amounts recoverable and amounts recovered under the general budget of the European Union, where possible by deducting them from the next declaration of expenditure. |
| --- | --- |

(f)

keep an account of amounts recoverable and amounts recovered under the general budget of the European Union, where possible by deducting them from the next declaration of expenditure.

2.   The certifying authority's activities relating to projects implemented in the Member States may be financed under the technical assistance arrangements referred to in Article 16, provided that the prerogatives of this authority as described in Article 25 are respected.

Article 30

Audit authority

1.   The audit authority shall:

| (a) | ensure that audits are carried out to verify the effective functioning of the management and control system; |
| --- | --- |

(a)

ensure that audits are carried out to verify the effective functioning of the management and control system;

| (b) | ensure that audits are carried out on actions on the basis of an appropriate sample to verify expenditure declared; the sample shall represent at least 10 % of the total eligible expenditure for each annual programme; |
| --- | --- |

(b)

ensure that audits are carried out on actions on the basis of an appropriate sample to verify expenditure declared; the sample shall represent at least 10 % of the total eligible expenditure for each annual programme;

| (c) | present to the Commission within six months of the approval of the multiannual programme an audit strategy covering the bodies which will perform the audits referred to under points (a) and (b), ensuring that the main beneficiaries of co-financing by the Fund are audited and that audits are spread evenly throughout the programming period. |
| --- | --- |

(c)

present to the Commission within six months of the approval of the multiannual programme an audit strategy covering the bodies which will perform the audits referred to under points (a) and (b), ensuring that the main beneficiaries of co-financing by the Fund are audited and that audits are spread evenly throughout the programming period.

2.   Where the designated audit authority under this Decision is also the designated audit authority under Decisions No .../2007/EC, No .../2007/EC and No .../2007/EC (*****), or where common systems apply to two or more of these Funds, a single combined audit strategy may be submitted under paragraph 1(c).

3.   For each annual programme, the audit authority shall draft a report which shall comprise:

| (a) | an annual audit report setting out the findings of the audits carried out in accordance with the audit strategy in respect of the annual programme and reporting any shortcomings found in the systems for the management and control of the programme; |
| --- | --- |

(a)

an annual audit report setting out the findings of the audits carried out in accordance with the audit strategy in respect of the annual programme and reporting any shortcomings found in the systems for the management and control of the programme;

| (b) | an opinion, on the basis of the controls and audits that have been carried out under the responsibility of the audit authority, as to whether the functioning of the management and control system provides reasonable assurance that declarations of expenditure presented to the Commission are correct and that the underlying transactions are legal and regular; |
| --- | --- |

(b)

an opinion, on the basis of the controls and audits that have been carried out under the responsibility of the audit authority, as to whether the functioning of the management and control system provides reasonable assurance that declarations of expenditure presented to the Commission are correct and that the underlying transactions are legal and regular;

| (c) | a declaration assessing the validity of the request for payment or statement of reimbursement of the final balance and the legality and regularity of the expenditure concerned. |
| --- | --- |

(c)

a declaration assessing the validity of the request for payment or statement of reimbursement of the final balance and the legality and regularity of the expenditure concerned.

4.   The audit authority shall ensure that the audit work takes account of internationally accepted audit standards.

5.   The audit relating to projects implemented in the Member States may be financed under the technical assistance arrangements referred to in Article 16, provided that the prerogatives of the audit authority as described in Article 25 are respected.

CHAPTER VI

RESPONSIBILITIES AND CONTROLS

Article 31

Responsibilities of the Member States

1.   Member States shall be responsible for ensuring sound financial management of multi-annual and annual programmes and the legality and regularity of underlying transactions.

2.   Member States shall ensure that responsible authorities and any delegated authority, certifying authorities, audit authorities and any other bodies concerned receive adequate guidance on setting up the management and control systems referred to in Articles 24 to 30 to ensure that Community financing is used efficiently and correctly.

3.   Member States shall prevent, detect and correct irregularities. They shall notify these to the Commission, and keep the Commission informed of the progress in the administrative and legal proceedings.

When amounts unduly paid to a final beneficiary cannot be recovered, the Member State concerned shall be responsible for reimbursing the amounts lost to the general budget of the European Union when it is established that the loss has been incurred as a result of its fault or negligence.

4.   Member States shall be primarily responsible for the financial control of actions and shall ensure that management and control systems and audits are implemented in such a way as to guarantee that Community funds are used properly and effectively. They shall provide the Commission with a description of these systems.

5.   The detailed rules for implementing paragraphs 1 to 4 shall be adopted in accordance with the procedure referred to in Article 52(2).

Article 32

Management and control systems

1.   Before the Commission approves the multiannual programme, in accordance with the procedure referred to in Article 52(2), the Member States shall ensure that management and control systems have been set up in accordance with Articles 24 to 30. They shall be responsible for ensuring that the systems function effectively throughout the programming period.

2.   Member States shall submit to the Commission, together with their draft multiannual programme, a description of the organisation and procedures of the responsible authorities, delegated authorities and certifying authorities, and the internal audit systems operating in those authorities and bodies, the audit authority, and any other bodies carrying out audits under its responsibility.

3.   The Commission shall review the application of this provision in the context of the preparation of the report set out in Article 50(3).

Article 33

Responsibilities of the Commission

1.   The Commission shall satisfy itself in accordance with the procedure laid down in Article 32 that the Member States have set up management and control systems that comply with Articles 24 to 30, and on the basis of the annual audit reports and its own audits, that the systems function effectively during the programming period.

2.   Without prejudice to audits carried out by Member States, Commission officials or authorised Commission representatives may carry out on-the-spot checks to verify the effective functioning of the management and control systems, which may include audits of actions included in the annual programmes, with a minimum of three working days' notice. Officials or authorised representatives of the Member State concerned may take part in such audits.

3.   The Commission may require a Member State to carry out on-the-spot checks to verify the correct functioning of the systems or the correctness of one or more transactions. Commission officials or authorised Commission representatives may take part in such checks.

4.   The Commission shall, in cooperation with the Member States, ensure that appropriate information, publicity and follow-up are provided for actions supported by the Fund.

5.   The Commission shall, in cooperation with the Member States, ensure that actions are consistent with, and complementary to, other relevant Community policies, instruments and initiatives.

6.   The Commission shall lay down guidelines to ensure the visibility of the funding granted under this Decision.

Article 34

Cooperation with the audit authorities of the Member States

1.   The Commission shall cooperate with the audit authorities to coordinate their respective audit plans and methods and shall immediately exchange the results of audits carried out of management and control systems in order to make the best possible use of control resources and to avoid unjustified duplication of work.

The Commission shall provide its comments on the audit strategy presented under Article 30 within not more than three months of its receipt.

2.   In determining its own audit strategy, the Commission shall identify those annual programmes which it considers satisfactory on the basis of its existing knowledge of the management and control systems.

For those programmes, the Commission may conclude that it can rely principally on the audit evidence provided by the Member States and that it will carry out its own on-the-spot checks only if there is evidence to suggest shortcomings in the systems.

CHAPTER VII

FINANCIAL MANAGEMENT

Article 35

Eligibility — Declarations of expenditure

1.   All declarations of expenditure shall include the amount of expenditure incurred by final beneficiaries in implementing the actions and the corresponding contribution from public or private funds.

2.   Expenditure shall correspond to the payments effected by the final beneficiaries. It shall be justified by receipted invoices or accounting documents of equivalent evidential value.

3.   Expenditure may be considered eligible for support from the Fund only if it is actually paid no earlier than 1 January of the year referred to in the financing decision approving the annual programme referred to in the third subparagraph of Article 20(5). The co-financed actions must not have been completed before the starting date for eligibility.

4.   The rules governing eligibility of expenditure within the framework of implemented actions co-financed by the Fund in the Member States under Article 3 shall be adopted in accordance with the procedure referred to in Article 52(2).

Article 36

Completeness of payment to final beneficiaries

Member States shall satisfy themselves that the responsible authority ensures that the final beneficiaries receive the total amount of the contribution from public funds as quickly as possible. No amounts shall be deducted or withheld, nor shall any further specific charge or other charge with equivalent effect be levied that would reduce these amounts for the final beneficiaries, provided that the final beneficiaries meet all the requirements regarding the eligibility of actions and expenses.

Article 37

Use of the euro

1.   Amounts set out in the draft multiannual and annual programmes of the Member States referred to in Articles 18 and 20 respectively, certified declarations of expenditure, requests for payments referred to in Article 27(1)(n), expenditure mentioned in the progress report on the implementation of the annual programme referred to in Article 39(4) and the final report on the implementation of the annual programme referred to in Article 51 shall be denominated in euros.

2.   Commission financing decisions approving the annual programmes of Member States referred to in the third subparagraph of Article 20(5), Commission commitments and Commission payments shall be denominated and carried out in euros.

3.   Member States which have not adopted the euro as their currency on the date of the request for payment shall convert into euros the amounts of expenditure incurred in national currency. This amount shall be converted into euros using the monthly accounting exchange rate of the Commission for the month during which the expenditure was entered in the accounts of the responsible authority of the programme concerned. This rate shall be published electronically by the Commission each month.

4.   When the euro becomes the currency of a Member State, the conversion procedure set out in paragraph 3 shall continue to apply to all expenditure recorded in the accounts by the certifying authority before the date of entry into force of the fixed conversion rate between the national currency and the euro.

Article 38

Commitments

Community budgetary commitments shall be made annually on the basis of the Commission financing decision approving the annual programme referred to in the third subparagraph of Article 20(5).

Article 39

Payments — Pre-financing

1.   Payments by the Commission of the contribution from the Fund shall be made in accordance with the budget commitments.

2.   Payments shall take the form of pre-financing and payment of the balance. They shall be made to the responsible authority designated by the Member State.

3.   A first pre-financing payment representing 50 % of the amount allocated in the financing decision approving the annual programme shall be made to the Member State within sixty days following the adoption of that decision.

4.   A second pre-financing payment shall be made no more than three months after the Commission has approved, within two months of the formal submission of a request for payment by a Member State, a progress report on the implementation of the annual programme and a certified declaration of expenditure drawn up in accordance with Article 29(1)(a) and Article 35 accounting for at least 60 % of the amount of the initial payment.

The amount of the second pre-financing payment made by the Commission shall not exceed 50 % of the total amount allocated by the financing decision approving the annual programme and, in any event, where a Member State has committed nationally an amount less than the amount indicated in the financing decision approving the annual programme, the balance of the amount of Community funds actually committed by the Member State for selected projects under the annual programme minus the first pre-financing payment.

5.   Any interest generated by pre-financing payments shall be posted to the annual programme concerned, being regarded as a resource for the Member State as national public contribution and shall be declared to the Commission at the time of the declaration of expenditure relating to the final report on the implementation of the annual programme concerned.

6.   The amounts paid as pre-financing shall be cleared from the accounts when the annual programme is closed.

Article 40

Payment of balance

1.   The Commission shall pay the balance provided it has received the following documents no later than nine months after the eligibility deadline for expenditure laid down in the financing decision approving the annual programme:

| (a) | a certified declaration of expenditure, duly drawn up in accordance with Article 29(1)(a) and Article 35, and a request for payment of the balance or statement of reimbursement; |
| --- | --- |

(a)

a certified declaration of expenditure, duly drawn up in accordance with Article 29(1)(a) and Article 35, and a request for payment of the balance or statement of reimbursement;

| (b) | the final report on the implementation of the annual programme as set out in Article 51; |
| --- | --- |

(b)

the final report on the implementation of the annual programme as set out in Article 51;

| (c) | the annual audit report, opinion and declaration provided for in Article 30(3). |
| --- | --- |

(c)

the annual audit report, opinion and declaration provided for in Article 30(3).

The payment of the balance shall be subject to the acceptance of the final report on the implementation of the annual programme and of the declaration assessing the validity of the request for payment of the balance.

2.   If the responsible authority fails to provide the documents required in paragraph 1 by the due date and in an acceptable format, the Commission shall decommit any part of the budget commitment of the corresponding annual programme that has not been used for payment of the pre-financing.

3.   The automatic cancellation procedure defined in paragraph 2 shall be suspended, for the amount of the projects concerned, where legal proceedings or administrative appeals having suspensive effects are under way at Member State level when the documents defined in paragraph 1 are submitted. The Member State shall, in the final report submitted, give detailed information on such projects, and send reports on progress made with regard to these projects every six months. Within three months of the conclusion of the legal proceedings or administrative appeal procedure, the Member State shall present the documents required in paragraph 1 for the projects concerned.

4.   The nine-month period referred to in paragraph 1 shall cease to run if the Commission adopts a decision suspending payments of the co-financing for the relevant annual programme in accordance with Article 42. The period shall start to run again from the date when the Commission decision referred to in Article 42(3) has been notified to the Member State.

5.   Without prejudice to Article 41, the Commission shall, within six months of receiving the documents referred to in paragraph 1 of this Article, inform the Member State of the amount of expenditure recognised by the Commission as chargeable to the Fund, and of any financial corrections deriving from the difference between declared expenditure and the expenditure recognised. The Member State shall have three months to present its comments.

6.   Within three months of receiving the Member State's comments, the Commission shall decide on the amount of expenditure recognised as chargeable to the Fund, and recover the balance arising from the difference between the final recognised expenditure and the sums already paid to that Member State.

7.   Subject to available funding, the Commission shall pay the balance within no more than sixty days from the date on which it accepts the documents referred to in paragraph 1. The balance of the budgetary commitment shall be decommitted within six months following the payment.

Article 41

Withholding of payments

1.   The payment shall be withheld by the authorising officer by delegation within the meaning of the Financial Regulation for a maximum period of six months if:

| (a) | in a report of a national or Community audit body there is evidence to suggest a significant deficiency in the functioning of the management and control systems; |
| --- | --- |

(a)

in a report of a national or Community audit body there is evidence to suggest a significant deficiency in the functioning of the management and control systems;

| (b) | that officer has to carry out additional verifications following information coming to his notice which alerted him that expenditure in a certified declaration of expenditure is linked to a serious irregularity which has not been corrected. |
| --- | --- |

(b)

that officer has to carry out additional verifications following information coming to his notice which alerted him that expenditure in a certified declaration of expenditure is linked to a serious irregularity which has not been corrected.

2.   The Member State and the responsible authority shall be informed immediately of the reasons for the payment being withheld. The payment shall be withheld until the necessary measures are taken by the Member State.

Article 42

Suspension of payments

1.   All or part of the pre-financing and payments of the balance may be suspended by the Commission when:

| (a) | there is a serious deficiency in the management and control system of the programme which affects the reliability of the procedure for certification of payments and for which corrective measures have not been taken; or |
| --- | --- |

(a)

there is a serious deficiency in the management and control system of the programme which affects the reliability of the procedure for certification of payments and for which corrective measures have not been taken; or

| (b) | expenditure in a certified declaration of expenditure is linked to a serious irregularity which has not been corrected; or |
| --- | --- |

(b)

expenditure in a certified declaration of expenditure is linked to a serious irregularity which has not been corrected; or

| (c) | a Member State has not complied with its obligations under Articles 31 and 32. |
| --- | --- |

(c)

a Member State has not complied with its obligations under Articles 31 and 32.

2.   The Commission may decide to suspend pre-financing and payments of the balance after having given the Member State the opportunity to present its observations within a period of three months.

3.   The Commission shall end suspension of pre-financing and payments of the balance when it considers that the Member State has taken the necessary measures to enable the suspension to be lifted.

4.   If the necessary measures are not taken by the Member State, the Commission may adopt a decision to cancel all or part of the Community contribution to the annual programme in accordance with Article 46.

Article 43

Conservation of documents

Without prejudice to the rules governing State aid under Article 87 of the Treaty, the responsible authority shall ensure that all the supporting documents regarding expenditure and audits on the programmes concerned are kept available for the Commission and the Court of Auditors for a period of five years following the closure of the programmes in accordance with Article 40(1).

This period shall be interrupted either in the case of legal proceedings or at the duly substantiated request of the Commission.

The documents shall be kept either in the form of the originals or in versions certified to be in conformity with the originals on commonly accepted data carriers.

CHAPTER VIII

FINANCIAL CORRECTIONS

Article 44

Financial corrections by Member States

1.   Member States shall in the first instance bear the responsibility for investigating irregularities, acting upon evidence of any major change affecting the nature or the conditions for the implementation or control of programmes and making the required financial corrections.

2.   Member States shall make the financial corrections required in connection with the individual or systemic irregularities detected in actions or annual programmes.

Corrections made by the Member States shall consist in cancelling, and if applicable, recovering all or part of the Community contribution. Where the amount is not repaid in the time allowed by the relevant Member State, default interest shall be due at the rate provided for in Article 47(2). Member States shall take into account the nature and gravity of the irregularities and the financial loss to the Fund.

3.   In the event of systemic irregularities the relevant Member State shall extend its enquiries to cover all operations liable to be affected.

4.   Member States shall include in the final report on the implementation of the annual programme referred to in Article 51 a list of cancellation procedures initiated for the annual programme concerned.

Article 45

Audit of accounts and financial corrections by the Commission

1.   Without prejudice to the powers of the Court of Auditors or the checks carried out by the Member States in accordance with national laws, regulations and administrative provisions, Commission officials or authorised Commission representatives may carry out on-the-spot checks, including sample checks, on the actions financed by the Fund and on management and control systems with a minimum of three working days' notice. The Commission shall give notice to the Member State concerned with a view to obtaining all the assistance necessary. Officials or authorised representatives of the Member State concerned may take part in such checks.

The Commission may require the Member State concerned to carry out an on-the-spot check to verify the accuracy of one or more transactions. Commission officials or authorised Commission representatives may take part in such checks.

2.   If, after completing the necessary verifications, the Commission concludes that a Member State is not complying with its obligations under Article 31, it shall suspend the pre-financing or payment of the balance in accordance with Article 42.

Article 46

Criteria for the corrections

1.   The Commission may make financial corrections by cancelling all or part of the Community contribution to an annual programme where, after carrying out the necessary examination, it concludes that:

| (a) | there is a serious deficiency in the management and control system of the programme which has put at risk the Community contribution already paid to the programme; |
| --- | --- |

(a)

there is a serious deficiency in the management and control system of the programme which has put at risk the Community contribution already paid to the programme;

| (b) | expenditure contained in a certified declaration of expenditure is irregular and has not been corrected by the Member State prior to the opening of the correction procedure under this paragraph; |
| --- | --- |

(b)

expenditure contained in a certified declaration of expenditure is irregular and has not been corrected by the Member State prior to the opening of the correction procedure under this paragraph;

| (c) | a Member State has not complied with its obligations under Article 31 prior to the opening of the correction procedure under this paragraph. |
| --- | --- |

(c)

a Member State has not complied with its obligations under Article 31 prior to the opening of the correction procedure under this paragraph.

The Commission shall decide after having taken into account any comments made by the Member State.

2.   The Commission shall base its financial corrections on individual cases of irregularity identified, taking account of the systemic nature of the irregularity to determine whether a flat-rate or extrapolated correction should be applied. Where the irregularity relates to a declaration of expenditure for which a reasonable assurance had previously been given by the audit authority in accordance with Article 30(3)(b), there will be a presumption of a systemic problem giving rise to the application of a flat-rate or extrapolated correction, unless the Member State can provide proof within three months to rebut this presumption.

3.   The Commission shall, when deciding the amount of a correction, take account of the importance of the irregularity and the extent and financial implications of the deficiencies found in the annual programme concerned.

4.   Where the Commission bases its position on the facts established by auditors other than those of its own services, it shall draw its own conclusions regarding the financial consequences, after examining the measures taken by the Member State concerned under Article 32, the reports of notified irregularities and any replies from the Member State.

Article 47

Repayment

1.   Any repayment due to be made to the general budget of the European Union shall be effected before the due date indicated in the order for recovery drawn up in accordance with Article 72 of the Financial Regulation. This due date shall be the last day of the second month following the issuing of the order.

2.   Any delay in effecting repayment shall give rise to interest on account of late payment, starting on the due date and ending on the date of actual payment. The rate of such interest shall be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union, in force on the first calendar day of the month in which the due date falls, increased by three and a half percentage points.

Article 48

Obligations of Member States

A financial correction by the Commission shall not prejudice the Member State's obligation to pursue recoveries under Article 44.

CHAPTER IX

MONITORING, EVALUATION AND REPORTS

Article 49

Monitoring and evaluation

1.   The Commission shall carry out regular monitoring on the Fund in cooperation with the Member States.

2.   The Fund shall be evaluated by the Commission in partnership with the Member States to assess the relevance, effectiveness and impact of actions in the light of the general objective referred to in Article 2 in the context of the preparation for the report set out in Article 50(3).

3.   The Commission shall also consider the complementarity between the actions implemented under the Fund and those pursued under other relevant Community policies, instruments and initiatives.

Article 50

Reporting obligations

1.   In each Member State the responsible authority shall take the necessary measures to ensure project monitoring and evaluation.

To that end, the agreements and contracts it concludes with the organisations responsible for the implementation of the actions shall include clauses laying down an obligation to submit regular and detailed reports on the state of progress of implementation and completion of the assigned objectives, which shall be the basis for, respectively, the progress and final reports on the implementation of the annual programme.

2.   The Member States shall submit to the Commission by 30 June 2012 for the period 2008 to 2010 and by 30 June 2015 for the period 2011 to 2013 respectively, an evaluation report on the results and impact of actions co-financed by the Fund.

3.   The Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions by 31 December 2012 for the period 2008 to 2010 and by 31 December 2015 for the period 2011 to 2013 respectively, an ex-post evaluation report.

Article 51

Final report on the implementation of the annual programme

1.   The final report on the implementation of the annual programme shall include the following information in order to obtain a clear view of the implementation of the programme:

| (a) | the financial and operational implementation of the annual programme; |
| --- | --- |

(a)

the financial and operational implementation of the annual programme;

| (b) | the progress made in implementing the multiannual programme and its priorities in relation to its specific, verifiable targets, with a quantification, wherever and whenever they lend themselves to quantification, of the indicators; |
| --- | --- |

(b)

the progress made in implementing the multiannual programme and its priorities in relation to its specific, verifiable targets, with a quantification, wherever and whenever they lend themselves to quantification, of the indicators;

| (c) | the steps taken by the responsible authority to ensure the quality and effectiveness of implementation, in particular:






  (i) | monitoring and evaluation measures, including data collection arrangements, |
| --- | --- | --- |

(c)

the steps taken by the responsible authority to ensure the quality and effectiveness of implementation, in particular:

(i)

monitoring and evaluation measures, including data collection arrangements,

| (ii) | a summary of any significant problems encountered in implementing the operational programme and any measures taken, |
| --- | --- |

(ii)

a summary of any significant problems encountered in implementing the operational programme and any measures taken,

| (iii) | the use made of technical assistance; |
| --- | --- |

(iii)

the use made of technical assistance;

| (d) | the measures taken to provide information on and make public the annual and multiannual programmes. |
| --- | --- |

(d)

the measures taken to provide information on and make public the annual and multiannual programmes.

2.   The report shall be judged acceptable where it contains all the information listed in paragraph 1. The Commission shall reach a decision on the content of the report submitted by the responsible authority within two months of having received all the information referred to in paragraph 1, which shall be acknowledged to the Member States. If the Commission does not respond within the time limit laid down, the report shall be deemed to be accepted.

CHAPTER X

FINAL PROVISIONS

Article 52

Committee

1.   The Commission shall be assisted by the common Committee ‘Solidarity and Management of Migration flows’, established by Decision No .../2007/EC (**).

2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

3.   Where reference is made to this paragraph, Article 5a(1) to (4) and (5)(b) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The time-limits laid down in Article 5a(3)(c), (4)(b) and (4)(e) of Decision 1999/468/EC shall be set at six weeks.

Article 53

Review

The European Parliament and the Council shall review this Decision on the basis of a proposal from the Commission by 30 June 2013.

Article 54

Transitional provisions

1.   This Decision shall not affect the continuation or modification, including the total or partial cancellation, of assistance approved by the Commission on the basis of Decision 2004/904/EC, or any other legislation which applies to that assistance on 31 December 2007.

2.   When adopting decisions on co-financing under this Fund, the Commission shall take account of measures adopted on the basis of Decision 2004/904/EC before ... (******) which have financial repercussions during the period covered by that co-financing.

3.   Sums committed for co-financing approved by the Commission between 1 January 2005 and 31 December 2007 for which the documents required for closure of the programmes have not been sent to the Commission by the deadline for submitting the final report shall be automatically decommitted by the Commission by 31 December 2010, giving rise to the repayment of amounts unduly paid.

Amounts relating to operations or programmes which have been suspended due to legal proceedings or administrative appeals having suspensory effect shall be disregarded in calculating the amount to be automatically decommitted.

4.   Member States shall submit to the Commission by 30 June 2009 an evaluation report on the results and impacts of actions co-financed by the Fund concerning the period 2005 to 2007.

5.   The Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions by 31 December 2009, a report on the results achieved and on qualitative and quantitative aspects of implementation of the Fund for the period 2005 to 2007.

Article 55

Repeal

Decision 2004/904/EC shall be repealed with effect from 1 January 2008.

Article 56

Entry into force and application

This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

This Decision shall apply from 1 January 2008, with the exception of Articles 13, 17, 18, 20, 23 and 25, Article 31(2), Article 31(5), Article 32, Article 35(4) and Article 52 which shall apply from ... (******).

Article 57

Addressees

This Decision is addressed to the Member States in accordance with the Treaty establishing the European Community.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 88, 11.4.2006, p. 15.

1

(2)  OJ C 115, 16.5.2006, p. 47.

2

(3)  Position of the European Parliament of 14 December 2006.

3

(4)  OJ L 252, 6.10.2000, p. 12.

4

(5)  OJ L 381, 28.12.2004, p. 52.

5

(6)  OJ C 139, 14.6.2006, p. 1.

6

(7)  OJ ...

7

(*)  OJ: please insert number, date and OJ reference of that Decision.

*

(8)  OJ ...

8

(9)  OJ ...

9

(10)  OJ L 304, 30.9.2004, p. 12.

10

(11)  OJ L 212, 7.8.2001, p. 12.

11

(12)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

12

(13)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

13

(14)  OJ L 396, 31.12.2004, p. 45.

14

(**)  OJ: please insert the number of the first Decision referred to in recital 13 (External Borders Fund).

**

(***)  OJ: please insert the number of the second Decision referred to in recital 13 (European Return Fund).

***

(****)  OJ: please insert the number of the third Decision referred to in recital 13 (European Fund for the Integration of Third-country Nationals).

****

(*****)  OJ: please insert the numbers of the 3 Decisions referred to in recital 13.

*****

(******)  Date of entry into force of this Decision.

******

P6_TA(2006)0582

Double-hull or equivalent design requirements for single-hull oil tankers ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 417/2002 on the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers and repealing Council Regulation (EC) No 2978/94 (COM(2006)0111 — C6-0104/2006 — 2006/0046(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0111) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0111) (1),

| — | having regard to Article 251(2) and Article 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0104/2006), |
| --- | --- |

—

having regard to Article 251(2) and Article 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0104/2006),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Transport and Tourism (A6-0417/2006); |
| --- | --- |

—

having regard to the report of the Committee on Transport and Tourism (A6-0417/2006);

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and Commission.

---

(1)  Not yet published in OJ.

P6_TC1-COD(2006)0046

Position of the European Parliament adopted at first reading on 14 December 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council amending Regulation (EC) No 417/2002 on the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

| (1) | Regulation (EC) No 417/2002
   (3)
  provides for the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers laid down in the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (‘MARPOL 73/78’), in order to reduce the risk of accidental oil pollution in European waters. |
| --- | --- |

(1)

Regulation (EC) No 417/2002
   (3)
  provides for the accelerated phasing-in of double-hull or equivalent design requirements for single-hull oil tankers laid down in the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (‘MARPOL 73/78’), in order to reduce the risk of accidental oil pollution in European waters.

| (2) | Regulation (EC) No 417/2002 introduced measures prohibiting the carriage of heavy grades of oil in single-hull oil tankers leaving or bound for ports in the European Union. |
| --- | --- |

(2)

Regulation (EC) No 417/2002 introduced measures prohibiting the carriage of heavy grades of oil in single-hull oil tankers leaving or bound for ports in the European Union.

| (3) | Following action by the Member States and the Commission within the International Maritime Organisation (IMO), this ban has been imposed world-wide through an amendment to Annex I to MARPOL 73/78. |
| --- | --- |

(3)

Following action by the Member States and the Commission within the International Maritime Organisation (IMO), this ban has been imposed world-wide through an amendment to Annex I to MARPOL 73/78.

| (4) | Paragraphs 5, 6 and 7 of Regulation 13H of Annex I to MARPOL 73/78 concerning the ban on the carriage of heavy grades of oil in single-hull oil tankers contain exemptions from Regulation 13H. The statement by the Italian Presidency of the European Council on behalf of the European Union, recorded in the official report of the IMO's Marine Environment Protection Committee (MEPC 50), expresses a political commitment to refrain from making use of these exemptions. |
| --- | --- |

(4)

Paragraphs 5, 6 and 7 of Regulation 13H of Annex I to MARPOL 73/78 concerning the ban on the carriage of heavy grades of oil in single-hull oil tankers contain exemptions from Regulation 13H. The statement by the Italian Presidency of the European Council on behalf of the European Union, recorded in the official report of the IMO's Marine Environment Protection Committee (MEPC 50), expresses a political commitment to refrain from making use of these exemptions.

| (5) | Under Regulation (EC) No 417/2002, a ship flying the flag of a Member State could apply the exemptions from Regulation 13H if it operated outside ports or offshore terminals under Community jurisdiction and still comply with Regulation (EC) No 417/2002. |
| --- | --- |

(5)

Under Regulation (EC) No 417/2002, a ship flying the flag of a Member State could apply the exemptions from Regulation 13H if it operated outside ports or offshore terminals under Community jurisdiction and still comply with Regulation (EC) No 417/2002.

| (6) | Regulation (EC) No 417/2002 should therefore be amended accordingly, |
| --- | --- |

(6)

Regulation (EC) No 417/2002 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Article 4(3)
  of Regulation (EC) No 417/2002
  is replaced by the following
  :

‘
  3.
     No oil tanker carrying heavy
  grades of oil shall
  be allowed to fly the flag of a Member State unless such tanker is a double-hull tanker.

No oil tanker carrying heavy grades of oil, irrespective of its flag, shall be allowed to enter or leave ports or offshore terminals or to anchor in areas under the jurisdiction of a Member State, unless such tanker is a double-hull oil tanker.
  ’

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Official Journal of the European Union

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ..., ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 318, 23.12.2006, p. 229.

1

(2)  Position of the European Parliament of 14 December 2006.

2

Position of the European Parliament of 14 December 2006.

(3)  OJ L 64, 7.3.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 2172/2004 (OJ L 371, 18.12.2004, p. 26).

3

P6_TA(2006)0583

European Fund for the Integration of Third-country Nationals *

European Parliament legislative resolution on the proposal for a Council decision establishing the European Fund for the Integration of Third-country Nationals for the period 2007-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (COM(2005)0123 — C6-0238/2005 — 2005/0048(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2005)0123) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2005)0123) (1),

| — | having regard to Article 63(3)(a) of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0238/2005), |
| --- | --- |

—

having regard to Article 63(3)(a) of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0238/2005),

| — | having regard to Rules 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Budgets and the Committee on Employment and Social Affairs (A6-0419/2006); |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Budgets and the Committee on Employment and Social Affairs (A6-0419/2006);

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 4. | Asks the Council to consult Parliament if it intends to amend the Commission proposal substantially; |
| --- | --- |

4.

Asks the Council to consult Parliament if it intends to amend the Commission proposal substantially;

| 5. | Instructs its President to forward its position as annexed to this legislative resolution to the Council and Commission. |
| --- | --- |

5.

Instructs its President to forward its position as annexed to this legislative resolution to the Council and Commission.

---

(1)  Not yet published in OJ.

ANNEX

Amended Proposal for a Council decision establishing the European Fund for the Integration of Third-country nationals for the period 2007-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 63(3)(a) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Whereas:

| (1) | With a view to the progressive establishment of an area of freedom, security and justice, the Treaty establishing the European Community provides both for the adoption of measures aimed at ensuring the free movement of persons, in conjunction with flanking measures relating to external borders controls, asylum and immigration, and for the adoption of measures relating to asylum, immigration and safeguarding the rights of third country nationals. |
| --- | --- |

(1)

With a view to the progressive establishment of an area of freedom, security and justice, the Treaty establishing the European Community provides both for the adoption of measures aimed at ensuring the free movement of persons, in conjunction with flanking measures relating to external borders controls, asylum and immigration, and for the adoption of measures relating to asylum, immigration and safeguarding the rights of third country nationals.

| (2) | The European Council, at its special meeting in Tampere on 15 and 16 October 1999, stated that the European Union must ensure fair treatment of third country nationals who reside legally on the territory of its Member States. A more vigorous integration policy should aim at granting them rights and obligations comparable to those of EU citizens. It should also enhance non-discrimination in economic, social and cultural life and develop measures against racism and xenophobia. |
| --- | --- |

(2)

The European Council, at its special meeting in Tampere on 15 and 16 October 1999, stated that the European Union must ensure fair treatment of third country nationals who reside legally on the territory of its Member States. A more vigorous integration policy should aim at granting them rights and obligations comparable to those of EU citizens. It should also enhance non-discrimination in economic, social and cultural life and develop measures against racism and xenophobia.

| (3) | The integration of third-country nationals in the Member States is a key element in promoting economic and social cohesion, a fundamental objective of the Community stated in the Treaty.
  However, having regard to the Treaty establishing the European Community, this instrument is primarily targeted to third-country nationals who are newly-arrived, as far as the co-financing of concrete actions supporting the integration process. |
| --- | --- |

(3)

The integration of third-country nationals in the Member States is a key element in promoting economic and social cohesion, a fundamental objective of the Community stated in the Treaty.
  However, having regard to the Treaty establishing the European Community, this instrument is primarily targeted to third-country nationals who are newly-arrived, as far as the co-financing of concrete actions supporting the integration process.

| (4) | In the Hague Programme of 4-5 November 2004, the European Council underlines that to achieve the objective of stability and cohesion within Member States' societies it is essential to develop effective policies. It calls for greater coordination of national integration policies on the basis of a common framework and invites the Member States, the Council and the Commission to promote the structural exchange of experience and information on integration. |
| --- | --- |

(4)

In the Hague Programme of 4-5 November 2004, the European Council underlines that to achieve the objective of stability and cohesion within Member States' societies it is essential to develop effective policies. It calls for greater coordination of national integration policies on the basis of a common framework and invites the Member States, the Council and the Commission to promote the structural exchange of experience and information on integration.

| (5) | As requested in the Hague Programme, the Council of the European Union and the representatives of the governments of the Member States established on 19 November 2004‘Common Basic Principles for immigrant integration policy in the European Union’. The Common Basic Principles assist Member States in formulating integration policies by offering them a thoughtful guide of basic principles against which they can judge and assess their own efforts. |
| --- | --- |

(5)

As requested in the Hague Programme, the Council of the European Union and the representatives of the governments of the Member States established on 19 November 2004‘Common Basic Principles for immigrant integration policy in the European Union’. The Common Basic Principles assist Member States in formulating integration policies by offering them a thoughtful guide of basic principles against which they can judge and assess their own efforts.

| (6) | The Common Basic Principles are complementary and in full synergy with
  the Community legislative instruments on the admission and stay of legally residing third country nationals concerning family reunion and long term residents, and other relevant existing legislative frameworks, including those relating to gender equality, non discrimination and social inclusion
  . |
| --- | --- |

(6)

The Common Basic Principles are complementary and in full synergy with
  the Community legislative instruments on the admission and stay of legally residing third country nationals concerning family reunion and long term residents, and other relevant existing legislative frameworks, including those relating to gender equality, non discrimination and social inclusion
  .

| (7) | Recalling the presentation of the Communication of the Commission of 1 September 2005 on a common Agenda for Integration: framework for the integration of third country nationals in the EU, the Council Conclusions on a common agenda for integration of 1-2 December 2005 underline the need to strengthen the integration policies of the Member States and acknowledge the importance of defining a framework at European level for the integration of legally residing third country nationals in all aspects of society and in particular concrete measures for implementing the Common Basic Principles
  . |
| --- | --- |

(7)

Recalling the presentation of the Communication of the Commission of 1 September 2005 on a common Agenda for Integration: framework for the integration of third country nationals in the EU, the Council Conclusions on a common agenda for integration of 1-2 December 2005 underline the need to strengthen the integration policies of the Member States and acknowledge the importance of defining a framework at European level for the integration of legally residing third country nationals in all aspects of society and in particular concrete measures for implementing the Common Basic Principles
  .

| (8) | The failure of an individual Member State to develop and implement integration policies can have in different ways adverse implications for other Member States and the European Union. |
| --- | --- |

(8)

The failure of an individual Member State to develop and implement integration policies can have in different ways adverse implications for other Member States and the European Union.

| (9) | To underpin this programming in the area of integration, the budgetary Authority entered specific appropriations in the general budget of the European Communities from 2003 to
  2006
  for the financing of
  pilot projects and
  preparatory actions in the field of integration
  (INTI)
  . |
| --- | --- |

(9)

To underpin this programming in the area of integration, the budgetary Authority entered specific appropriations in the general budget of the European Communities from 2003 to
  2006
  for the financing of
  pilot projects and
  preparatory actions in the field of integration
  (INTI)
  .

| (10) | Deleted |
| --- | --- |

(10)

Deleted

| (11) | In
  light of
  INTI
  and referring to the Commission Communications on immigration, integration and employment and the First annual report on Migration and Integration, it is considered necessary to endow the Community from 2007 with a specific instrument designed to contribute to the national efforts of Member States to develop and implement integration policies which enable third-country nationals of different cultural, religious, linguistic and ethnic backgrounds to
  fulfil the conditions of residence and to facilitate their integration into European societies,
  in accordance with the Common Basic Principles and in complementarity with the ESF. |
| --- | --- |

(11)

In
  light of
  INTI
  and referring to the Commission Communications on immigration, integration and employment and the First annual report on Migration and Integration, it is considered necessary to endow the Community from 2007 with a specific instrument designed to contribute to the national efforts of Member States to develop and implement integration policies which enable third-country nationals of different cultural, religious, linguistic and ethnic backgrounds to
  fulfil the conditions of residence and to facilitate their integration into European societies,
  in accordance with the Common Basic Principles and in complementarity with the ESF.

| (12) | To ensure the consistency of the Community's response to integration of third country nationals, actions financed under this instrument should be specific and complementary to actions financed under the ESF
  and the European Refugee Fund
  . In this context, specific joint programming arrangements to ensure the consistency of the Community's response to integration of third country nationals through the ESF and this instrument will be developed. |
| --- | --- |

(12)

To ensure the consistency of the Community's response to integration of third country nationals, actions financed under this instrument should be specific and complementary to actions financed under the ESF
  and the European Refugee Fund
  . In this context, specific joint programming arrangements to ensure the consistency of the Community's response to integration of third country nationals through the ESF and this instrument will be developed.

| (13) | Bearing in mind that this instrument and the ESF are under shared management with Member States, arrangements should also be made at national level to ensure consistency in implementation. For that purpose, the authorities of the Member States responsible for the implementation of this instrument should be required to establish cooperation and coordination mechanisms with the authorities designated by the Member States for managing the implementation of the ESF
  and the European Refugee Fund
  and to ensure that actions under this Fund should be specific and complementary to actions financed under the ESF
  and the European Refugee Fund. |
| --- | --- |

(13)

Bearing in mind that this instrument and the ESF are under shared management with Member States, arrangements should also be made at national level to ensure consistency in implementation. For that purpose, the authorities of the Member States responsible for the implementation of this instrument should be required to establish cooperation and coordination mechanisms with the authorities designated by the Member States for managing the implementation of the ESF
  and the European Refugee Fund
  and to ensure that actions under this Fund should be specific and complementary to actions financed under the ESF
  and the European Refugee Fund.

| (14) | This instrument is designed to form part of a coherent framework
  consisting of this Decision, the Decision of the European Parliament and the Council establishing the European Refugee Fund for the period 2008-2013, the Decision of the European Parliament and the Council establishing the External Border Fund for the period 2007-2013 and the Decision of the European Parliament and the Council establishing the European Return Fund for the period 2008-2013,
  which aims at addressing the issue of a fair share of responsibilities between Member States as concerns the financial burden arising from the introduction of an integrated management of the Union's external borders and from the implementation of common policies on asylum and immigration, as developed in accordance with Title IV of the Treaty establishing the European Community. |
| --- | --- |

(14)

This instrument is designed to form part of a coherent framework
  consisting of this Decision, the Decision of the European Parliament and the Council establishing the European Refugee Fund for the period 2008-2013, the Decision of the European Parliament and the Council establishing the External Border Fund for the period 2007-2013 and the Decision of the European Parliament and the Council establishing the European Return Fund for the period 2008-2013,
  which aims at addressing the issue of a fair share of responsibilities between Member States as concerns the financial burden arising from the introduction of an integrated management of the Union's external borders and from the implementation of common policies on asylum and immigration, as developed in accordance with Title IV of the Treaty establishing the European Community.

| (14a) | This instrument should be targeted primarily, as far as the co-financing of concrete actions supporting the integration process of third country nationals in Member States is concerned, to actions relating to third country nationals who are newly arrived Reference could be made in this context to the Council Directive 2003/109/EC which refers to the period of five years of legal residence as a requirement with which third-country nationals have to comply in order to qualify for long-term residence status. |
| --- | --- |

(14a)

This instrument should be targeted primarily, as far as the co-financing of concrete actions supporting the integration process of third country nationals in Member States is concerned, to actions relating to third country nationals who are newly arrived Reference could be made in this context to the Council Directive 2003/109/EC which refers to the period of five years of legal residence as a requirement with which third-country nationals have to comply in order to qualify for long-term residence status.

| (14b) | This instrument should also support Member States in enhancing their capacity to develop, implement, monitor and evaluate in general all integration strategies, policies and measures for third country nationals as well as the exchange of information, best practices and co-operation in and between Member States contributing to enhancing this capacity. |
| --- | --- |

(14b)

This instrument should also support Member States in enhancing their capacity to develop, implement, monitor and evaluate in general all integration strategies, policies and measures for third country nationals as well as the exchange of information, best practices and co-operation in and between Member States contributing to enhancing this capacity.

| (15) | The support provided by the Fund will be more efficient and better targeted if co-financing of eligible actions is based on strategic multiannual
  programming
  drawn up by each Member State in
  dialogue
  with the Commission. |
| --- | --- |

(15)

The support provided by the Fund will be more efficient and better targeted if co-financing of eligible actions is based on strategic multiannual
  programming
  drawn up by each Member State in
  dialogue
  with the Commission.

| (16) | On the basis of the strategic guidelines adopted by the Commission, each Member State should prepare a multiannual programming document taking into account its specific situation and needs and setting out its development strategy
  that should
  constitute the framework for preparing
  the implementation of the actions to be listed
  in annual programmes. |
| --- | --- |

(16)

On the basis of the strategic guidelines adopted by the Commission, each Member State should prepare a multiannual programming document taking into account its specific situation and needs and setting out its development strategy
  that should
  constitute the framework for preparing
  the implementation of the actions to be listed
  in annual programmes.

| (17) | Deleted |
| --- | --- |

(17)

Deleted

| (18) | Deleted |
| --- | --- |

(18)

Deleted

| (19) | In the context of shared management as referred to in Article 53(1), point (b), of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), the conditions allowing the Commission to exercise its responsibilities for implementation of the general budget of the European Communities should be specified and the obligations for the cooperation of the Member States clarified. Applying these conditions will enable the Commission to satisfy itself that Member States are utilising the Fund in a lawful and correct manner and in accordance with the principle of sound financial management within the meaning of Article
  s
  27
  and 48(2)
  of the Financial Regulation. |
| --- | --- |

(19)

In the context of shared management as referred to in Article 53(1), point (b), of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), the conditions allowing the Commission to exercise its responsibilities for implementation of the general budget of the European Communities should be specified and the obligations for the cooperation of the Member States clarified. Applying these conditions will enable the Commission to satisfy itself that Member States are utilising the Fund in a lawful and correct manner and in accordance with the principle of sound financial management within the meaning of Article
  s
  27
  and 48(2)
  of the Financial Regulation.

| (20) | Deleted |
| --- | --- |

(20)

Deleted

| (21) | Objective criteria should be established to allocate the funds to the Member States. These criteria should take into account the total amount of third country nationals legally staying in Member States and the total new admission of third country nationals over a given reference period. |
| --- | --- |

(21)

Objective criteria should be established to allocate the funds to the Member States. These criteria should take into account the total amount of third country nationals legally staying in Member States and the total new admission of third country nationals over a given reference period.

| (22) | Deleted |
| --- | --- |

(22)

Deleted

| (23) | Member States should adopt adequate measures to guarantee the proper functioning of management and control system. To this end, it is necessary to establish the general principles and the necessary functions which the systems of all programmes shall fulfil. |
| --- | --- |

(23)

Member States should adopt adequate measures to guarantee the proper functioning of management and control system. To this end, it is necessary to establish the general principles and the necessary functions which the systems of all programmes shall fulfil.

| (24) | Deleted |
| --- | --- |

(24)

Deleted

| (25) | In accordance with the principles of subsidiarity and proportionality, Member States have the primary responsibility for the implementation and control of the interventions. |
| --- | --- |

(25)

In accordance with the principles of subsidiarity and proportionality, Member States have the primary responsibility for the implementation and control of the interventions.

| (26) | The obligations on the Member States as regards management and control systems, the certification of expenditure, and the prevention, detection and correction of irregularities and infringements of Community law should be specified to guarantee the efficient and correct implementation of their multiannual and annual programmes. In particular, as far as the management and control are concerned, it is necessary to establish the modalities by which Member States ensure that the systems are in place and function satisfactorily. |
| --- | --- |

(26)

The obligations on the Member States as regards management and control systems, the certification of expenditure, and the prevention, detection and correction of irregularities and infringements of Community law should be specified to guarantee the efficient and correct implementation of their multiannual and annual programmes. In particular, as far as the management and control are concerned, it is necessary to establish the modalities by which Member States ensure that the systems are in place and function satisfactorily.

| (27) | Without prejudice to the Commission's powers as regards financial control, cooperation between the Member States and the Commission in this field should be
  encouraged
  . |
| --- | --- |

(27)

Without prejudice to the Commission's powers as regards financial control, cooperation between the Member States and the Commission in this field should be
  encouraged
  .

| (28) | Deleted |
| --- | --- |

(28)

Deleted

| (29) | The effectiveness and impact of actions supported by this instrument also depend on their evaluation. The responsibilities of the Member States and the Commission in this regard, and arrangements to ensure the reliability of evaluation, should be formalised. |
| --- | --- |

(29)

The effectiveness and impact of actions supported by this instrument also depend on their evaluation. The responsibilities of the Member States and the Commission in this regard, and arrangements to ensure the reliability of evaluation, should be formalised.

| (30) | Actions should be evaluated with a view to a mid-term review and impact assessment, and the evaluation process should be incorporated into project monitoring arrangements. |
| --- | --- |

(30)

Actions should be evaluated with a view to a mid-term review and impact assessment, and the evaluation process should be incorporated into project monitoring arrangements.

| (31) | A financial reference amount, within the meaning of point 38
  of the interinstitutional agreement of
  17
  May
  2006
  between the European Parliament, the Council and the Commission on budgetary discipline and
  sound financial management

   (4)

  is included in this Decision for the entire duration of the programme, without thereby affecting the powers of the budgetary authority as they are defined by the Treaty
  . |
| --- | --- |

(31)

A financial reference amount, within the meaning of point 38
  of the interinstitutional agreement of
  17
  May
  2006
  between the European Parliament, the Council and the Commission on budgetary discipline and
  sound financial management

   (4)

  is included in this Decision for the entire duration of the programme, without thereby affecting the powers of the budgetary authority as they are defined by the Treaty
  .

| (31A) | Bearing in mind the importance of visibility of the Community funding, the Commission should provide guidance to facilitate that any authority, non-governmental organisation, international organisation or other entity receiving a grant by this Fund properly acknowledges the support received, taking into account the practice for other instruments under shared management, such as the Structural Funds. |
| --- | --- |

(31A)

Bearing in mind the importance of visibility of the Community funding, the Commission should provide guidance to facilitate that any authority, non-governmental organisation, international organisation or other entity receiving a grant by this Fund properly acknowledges the support received, taking into account the practice for other instruments under shared management, such as the Structural Funds.

| (32) | Since the objectives of the proposed action, namely to promote the integration of third country nationals in the host societies of Member States within the framework of the Common Basic Principles, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved by the Community, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(32)

Since the objectives of the proposed action, namely to promote the integration of third country nationals in the host societies of Member States within the framework of the Common Basic Principles, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved by the Community, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives.

| (33) | The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999,
  as amended by Council Decision 2006/512/EC of 17 July 2006

   (5) laying down the procedures for the exercise of implementing powers conferred on the Commission.
  The implementing measures will be subject to a management committee procedure, this provision being the more appropriate in certain cases in order to increase efficiency. |
| --- | --- |

(33)

The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999,
  as amended by Council Decision 2006/512/EC of 17 July 2006

   (5) laying down the procedures for the exercise of implementing powers conferred on the Commission.
  The implementing measures will be subject to a management committee procedure, this provision being the more appropriate in certain cases in order to increase efficiency.

| (33A) | In order to ensure a timely implementation of the Fund, this Decision should apply from 1 January 2007. |
| --- | --- |

(33A)

In order to ensure a timely implementation of the Fund, this Decision should apply from 1 January 2007.

| (34) | In accordance with Article 1 and 2 or the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision, and is not bound by it or subject to its application. |
| --- | --- |

(34)

In accordance with Article 1 and 2 or the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision, and is not bound by it or subject to its application.

| (35) | In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Ireland has notified, by letter of 6 September 2005, its wish to take part in the adoption and application of this Decision. |
| --- | --- |

(35)

In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Ireland has notified, by letter of 6 September 2005, its wish to take part in the adoption and application of this Decision.

| (36) | In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom has notified, by letter of 27 October 2005, its wish to take part in the adoption and application of this Decision. |
| --- | --- |

(36)

In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom has notified, by letter of 27 October 2005, its wish to take part in the adoption and application of this Decision.

The European Economic and Social Committee has delivered an opinion
   (6)

The Committee of the Regions has delivered an opinion
   (7)

HAS ADOPTED THIS DECISION:

CHAPTER I

SUBJECT MATTER, OBJECTIVES AND ACTIONS

Article 1

Subject matter and scope

1.
     This Decision establishes for the period from 1 January 2007 to 31 December 2013 the European Fund for integration of third-country nationals, hereinafter referred to as ‘The Fund’, as part of
  a coherent framework also including the Decision of the European Parliament and the Council establishing the European Refugee Fund for the period 2008-2013, the Decision of the European Parliament and the Council establishing the External Border Fund for the period 2007-2013 and the Decision of the European Parliament and the Council establishing the European Return Fund for the period 2008-2013, in order to contribute to the strengthening of the area of Freedom, Security and Justice and the application of the principle of solidarity between the Member States
  .

This Decision defines the objectives to which the Fund contributes, its implementation, the available financial resources and the distribution criteria for the allocation of the available financial resources.

It establishes the Fund's management rules, including financial ones, monitoring and control mechanisms based on a share of responsibilities between the Commission and the Member States.

2.
     
  Third-country nationals who are on the territory of a third country and who are complying with specific pre-departure measures and/or conditions set out in national law, including those relating to the ability to integrate in the society of this Member State fall under the scope of this Decision.

3.
     
  Third-country nationals who have made an application for asylum in respect of which a final decision has not yet been taken, or enjoy refugee or subsidiary protection status, or qualify as refugees or are eligible for subsidiary protection in accordance with Council Directive 2004/83/EC of 29 April 2004, are excluded from the scope of this Decision.

4.
     
  Third country national means any person who is not a Union citizen within the meaning of Article 17(1) of the Treaty.

Article 2

General Objective of the Fund

1.   The general objective of the Fund is to support the efforts of Member States in enabling third-country nationals of different
  economic, social,
  cultural, religious, linguistic and ethnic backgrounds to
  fulfil the conditions of residence and to facilitate their integration into the European societies
  .

The Fund shall primarily focus on actions relating to the integration of newly arrived third-country nationals.

2.   In order to further the objective mentioned in paragraph 1 the Fund will contribute to the development and implementation of national integration strategies for third-country nationals
  in all aspects of society in particular taking into account the principle that integration is a two-way dynamic process of mutual accommodation by all immigrants and residents of Member States
  .

3.   The Fund shall contribute to the financing of the technical assistance on the initiative of the Member States or the Commission.

Article 3

Specific objectives

The Fund shall contribute to the following specific objectives:

| (a) | Facilitation
  of the development
  and implementation of admission procedures
  relevant to and supportive of the integration process of third country nationals
  ; |
| --- | --- |

(a)

Facilitation
  of the development
  and implementation of admission procedures
  relevant to and supportive of the integration process of third country nationals
  ;

| (b) | Development and implementation of the integration process of newly-arrived third country nationals in Member States; |
| --- | --- |

(b)

Development and implementation of the integration process of newly-arrived third country nationals in Member States;

| (c) | Increase of
  the capacity of Member States to develop, implement, monitor and evaluate policies and measures for the integration of third country nationals
  ; |
| --- | --- |

(c)

Increase of
  the capacity of Member States to develop, implement, monitor and evaluate policies and measures for the integration of third country nationals
  ;

| (d) | Exchange of information, best practices and co-operation in and between Member States in developing, implementing, monitoring and evaluating policies and measures for the integration of third country nationals. |
| --- | --- |

(d)

Exchange of information, best practices and co-operation in and between Member States in developing, implementing, monitoring and evaluating policies and measures for the integration of third country nationals.

Article 4

Eligible actions in the Member States

1.   As regards the objective defined in Article 3, point (a), the Fund shall support actions in Member States which:

| (a) | facilitate the development and implementation by Member States of admission procedures, inter alia by supporting consultation processes with relevant stakeholders and expert advice or information exchanges on approaches which target specific nationalities or categories of third country nationals; |
| --- | --- |

(a)

facilitate the development and implementation by Member States of admission procedures, inter alia by supporting consultation processes with relevant stakeholders and expert advice or information exchanges on approaches which target specific nationalities or categories of third country nationals;

| (b) | render the implementation of admission procedures more effective and accessible to third-country nationals
  inter alia
  by using user-friendly Communication and Information Technology, information campaigns and selection procedures; |
| --- | --- |

(b)

render the implementation of admission procedures more effective and accessible to third-country nationals
  inter alia
  by using user-friendly Communication and Information Technology, information campaigns and selection procedures;

| (c) | prepare third-country nationals for their integration into host society in a better way by supporting pre-travel measures
  which enable them to acquire knowledge and skills necessary for their integration,
  such as
  vocational training,
  information packages, comprehensive civic orientation courses
  and language tuition
  in the country of origin. |
| --- | --- |

(c)

prepare third-country nationals for their integration into host society in a better way by supporting pre-travel measures
  which enable them to acquire knowledge and skills necessary for their integration,
  such as
  vocational training,
  information packages, comprehensive civic orientation courses
  and language tuition
  in the country of origin.

2.   As regards the objective defined in Article 3, point (b), the Fund shall support actions in Member States which:

| (a) | set up programmes and activities aiming at introducing newly arrived third country nationals to the host society and enabling them to acquire basic knowledge about the host society's language, history, institutions, socio economic features, cultural life and the fundamental norms and values, as well as complement such existing programmes and activities
  ; |
| --- | --- |

(a)

set up programmes and activities aiming at introducing newly arrived third country nationals to the host society and enabling them to acquire basic knowledge about the host society's language, history, institutions, socio economic features, cultural life and the fundamental norms and values, as well as complement such existing programmes and activities
  ;

| (b) | develop and improve the quality of
  such
  programmes and activities at local and regional level, with a particular emphasis on civic orientation; |
| --- | --- |

(b)

develop and improve the quality of
  such
  programmes and activities at local and regional level, with a particular emphasis on civic orientation;

| (c) | reinforce the capacity of
  such
  programmes and activities to reach out to particular groups, such as dependants of persons subject to admission procedures, children, women, elderly, illiterate or persons with disabilities; |
| --- | --- |

(c)

reinforce the capacity of
  such
  programmes and activities to reach out to particular groups, such as dependants of persons subject to admission procedures, children, women, elderly, illiterate or persons with disabilities;

| (d) | increase the flexibility of
  such
  programmes and activities, in particular through part time courses, fast track modules, distance or E-learning systems or similar models, enabling third-country nationals to
  complete
  the programmes and activities while at the same time working or studying; |
| --- | --- |

(d)

increase the flexibility of
  such
  programmes and activities, in particular through part time courses, fast track modules, distance or E-learning systems or similar models, enabling third-country nationals to
  complete
  the programmes and activities while at the same time working or studying;

| (e) | develop and implement
  such
  programmes or activities
  , targeting at young third-country nationals, with specific social and cultural challenges
  related to
  identity issues; |
| --- | --- |

(e)

develop and implement
  such
  programmes or activities
  , targeting at young third-country nationals, with specific social and cultural challenges
  related to
  identity issues;

| (f) | develop such programmes or activities encouraging the admission and supporting the integration process of highly qualified and qualified third-country nationals; |
| --- | --- |

(f)

develop such programmes or activities encouraging the admission and supporting the integration process of highly qualified and qualified third-country nationals;

3.   As regards the
  objectives
  defined in Article 3 points (c)
  and (d),
  the Fund shall support actions in
  and between
  Member States which:

| (a) | improve the access of third-country nationals to public and private goods and services, inter alia by intermediary services, interpretation and translation services and by improving the staff's intercultural capacities; |
| --- | --- |

(a)

improve the access of third-country nationals to public and private goods and services, inter alia by intermediary services, interpretation and translation services and by improving the staff's intercultural capacities;

| (b) | build sustainable organisational structures for integration and diversity management, promote durable and sustainable participation in civil and cultural life, and develop modes of co-operation between different relevant stakeholders enabling officials at various levels to swiftly gain information about experiences and practices else where and, where possible, to pool resources; |
| --- | --- |

(b)

build sustainable organisational structures for integration and diversity management, promote durable and sustainable participation in civil and cultural life, and develop modes of co-operation between different relevant stakeholders enabling officials at various levels to swiftly gain information about experiences and practices else where and, where possible, to pool resources;

| (c) | develop and implement intercultural training, capacity building and diversity management, training of staff within public and private service providers, including educational institutions; |
| --- | --- |

(c)

develop and implement intercultural training, capacity building and diversity management, training of staff within public and private service providers, including educational institutions;

| (d) | reinforce the capacity to coordinate, implement, monitor and evaluate national integration strategies for third-country nationals across the different levels and departments of government
  ; |
| --- | --- |

(d)

reinforce the capacity to coordinate, implement, monitor and evaluate national integration strategies for third-country nationals across the different levels and departments of government
  ;

| (e) | contribute to the evaluation of admission procedures or the programmes and activities referred to in paragraph 2 by supporting representative surveys among third-country nationals having benefited from them and/or among relevant stakeholders, such as enterprises, non-governmental organisations and regional or local authorities; |
| --- | --- |

(e)

contribute to the evaluation of admission procedures or the programmes and activities referred to in paragraph 2 by supporting representative surveys among third-country nationals having benefited from them and/or among relevant stakeholders, such as enterprises, non-governmental organisations and regional or local authorities;

| (f) | introduce and implement schemes to gather and analyse information about the needs of different categories of third-country nationals at local or regional level by involving platforms for consultation of third country nationals and for exchange of information between stakeholders and by conducting surveys among immigrant communities on how best to respond to those needs; |
| --- | --- |

(f)

introduce and implement schemes to gather and analyse information about the needs of different categories of third-country nationals at local or regional level by involving platforms for consultation of third country nationals and for exchange of information between stakeholders and by conducting surveys among immigrant communities on how best to respond to those needs;

| (g) | contribute to the two-way process underlying integration policies by developing platforms for consultation of third country nationals, exchange of information between stake holders and intercultural, inter-faith and religious dialogue platforms between communities and/or between communities and policy and decision making authorities; |
| --- | --- |

(g)

contribute to the two-way process underlying integration policies by developing platforms for consultation of third country nationals, exchange of information between stake holders and intercultural, inter-faith and religious dialogue platforms between communities and/or between communities and policy and decision making authorities;

| (h) | develop indicators and benchmarking for measuring progress at national level; |
| --- | --- |

(h)

develop indicators and benchmarking for measuring progress at national level;

| (i) | develop high quality monitoring tools and evaluation schemes for integration policies and measures; |
| --- | --- |

(i)

develop high quality monitoring tools and evaluation schemes for integration policies and measures;

| (j) | increase the acceptance of migration in host societies as well as the acceptance of integration measures through awareness-raising campaigns, particularly in the media. |
| --- | --- |

(j)

increase the acceptance of migration in host societies as well as the acceptance of integration measures through awareness-raising campaigns, particularly in the media.

Article 5

Actions of interest to the Community

1.   At the Commission's initiative, up to 7 % of the Fund's available resources may be used to finance transnational actions or actions of interest to the Community as a whole (‘Community actions’) concerning immigration and integration policy.

2.   To be eligible for funding, Community actions shall in particular:

| (a) | further Community cooperation in implementing Community law and good practices in the field of immigration and implementing good practices in the field of integration; |
| --- | --- |

(a)

further Community cooperation in implementing Community law and good practices in the field of immigration and implementing good practices in the field of integration;

| (b) | support the setting-up of transnational cooperation networks and pilot projects based on transnational partnerships between bodies located in
  two
  or more Member States designed to stimulate innovation, facilitate exchanges of experience and good practice and improve the quality of integration policies; |
| --- | --- |

(b)

support the setting-up of transnational cooperation networks and pilot projects based on transnational partnerships between bodies located in
  two
  or more Member States designed to stimulate innovation, facilitate exchanges of experience and good practice and improve the quality of integration policies;

| (c) | support transnational awareness-raising campaigns; |
| --- | --- |

(c)

support transnational awareness-raising campaigns;

| (d) | support studies, dissemination and exchange of information on best practices and all other aspects of
  immigration and integration policies
  , including for the use of state of the art technology; |
| --- | --- |

(d)

support studies, dissemination and exchange of information on best practices and all other aspects of
  immigration and integration policies
  , including for the use of state of the art technology;

| (e) | support pilot projects and studies exploring the possibility of new forms of Community cooperation in the field of immigration and integration and Community law in the field of immigration; |
| --- | --- |

(e)

support pilot projects and studies exploring the possibility of new forms of Community cooperation in the field of immigration and integration and Community law in the field of immigration;

| (f) | support the development
  and application by Member States of common
  statistical tools, methods and indicators
  for measuring policy developments in the fields of immigration and integration. |
| --- | --- |

(f)

support the development
  and application by Member States of common
  statistical tools, methods and indicators
  for measuring policy developments in the fields of immigration and integration.

3.   The annual work programme laying down the priorities for Community actions shall be adopted in accordance with the procedure referred to in Article 51(2).

Article 6

[Target Groups]

Deleted

CHAPTER II

PRINCIPLES OF ASSISTANCE

Article 7

Complementarity, consistency and compliance

1.   The Fund shall provide assistance which complements national, regional and local actions, integrating into them the priorities of the Community.

In particular, to ensure the consistency of the Community's response to integration of third country nationals, actions financed under this instrument shall be specific and complementary to actions financed under the European Social Fund
  and the European Refugee Fund
  .

2.   The Commission and the Member States shall ensure that assistance from the Fund and the Member States is consistent with the activities, policies and priorities of the Community. This consistency shall be indicated in particular in the multiannual programme referred to in Article 18.

3.   Operations financed by the Fund shall comply with the provisions of the Treaty and of acts adopted under them.

Article 8

Programming

1.   The objectives of the Fund shall be pursued in the framework of
  a
  multiannual programming period
  (2007-2013
  ),
  subject to a mid-term review, in accordance with Article 21A.
  The multiannual programming system shall include the priorities and a process of management, decision making, auditing and certification.

2.   The multiannual programmes
  approved
  by the Commission shall be implemented by means of annual programmes.

Article 9

Subsidiary and proportional intervention

1.   Implementation of multiannual and annual programmes referred to in Articles 19 and 21 shall be the responsibility of Member States at the appropriate territorial level, in accordance with the institutional system specific to each Member State. This responsibility shall be exercised in accordance with this Decision.

2.   The means employed by the Commission and the Member States shall vary according to the size of the Community contribution in relation to audit provisions. Differentiation also applies to provisions on evaluation and to the reports on multiannual and annual programmes.

Article 10

Implementation methods

1.   The Community budget allocated to the Fund shall be implemented in accordance with Article 53(1), point (b) of Council Regulation (EC, Euratom) No 1605/2002, with the exception of the Community Actions referred to in Article 5 and the technical assistance referred to in Article 16. The Member States and the Commission shall ensure compliance with the principle of sound financial management.

2.   The Commission exercises its responsibility for implementing the general budget of the European Communities by:

| (a) | checking the existence and proper functioning of management and control systems in the Member States in accordance with the procedures described in Article 30; |
| --- | --- |

(a)

checking the existence and proper functioning of management and control systems in the Member States in accordance with the procedures described in Article 30;

| (b) | interrupting or suspending all or part of payments in accordance with Articles
  40
  and
  41
  if the national management and control systems fail, and by applying any other financial correction required, in accordance with the procedures described in Articles
  44
  and
  45
  . |
| --- | --- |

(b)

interrupting or suspending all or part of payments in accordance with Articles
  40
  and
  41
  if the national management and control systems fail, and by applying any other financial correction required, in accordance with the procedures described in Articles
  44
  and
  45
  .

Article 11

[Additionality]

Deleted

Article 12

Partnership

1.   Each Member State shall organise, in accordance with current national rules and practices, a partnership with the authorities and bodies which
  are involved in the implementation of the multiannual programme or are able to provide a useful contribution to its development according to the Member State concerned.

Such authorities and bodies may include the
  competent regional, local, urban and other public authorities,
  international organisations and bodies
  representing civil society
  such as
  non-governmental organisations, including
  migrant organisations, or
  social partners.

This partnership shall include at least the implementing authorities designated by Member States for the purpose of the management of the interventions of the European Social Fund and the responsible authority of the European Refugee Fund.

2.   The partnership shall be conducted in full compliance with the respective institutional, legal and financial jurisdiction of each partner category.

CHAPTER III

FINANCIAL FRAMEWORK

Article 13

Global resources

1.
     
  The financial reference amount or the implementation of actions financed by this Fund for the period from 1 January 2007 until 31 December 2013 shall be 825 million euro.

1bis.   The annual appropriations for the Fund shall be authorised by the budgetary authority within the limits of the financial framework.

2.   The Commission shall make indicative annual breakdowns by Member States in accordance with the criteria established in Article 14.

Article 14.

Annual distribution of resources for eligible actions in the Member States

1.   Each Member State shall receive a fixed amount of
  500 000

  euro from the Fund's annual allocation.

This amount shall be fixed at 500 000euro per annum for Member States which will accede to the European Union in the period 2007-2013, for the remaining part of the period 2007-2013 from the year following their accession.

2.   The remainder of the available annual resources shall be broken down between the Member States as follows:

| (a) | 40 % in proportion to the average of the total number of legally residing third country nationals in Member States over the previous three years; and |
| --- | --- |

(a)

40 % in proportion to the average of the total number of legally residing third country nationals in Member States over the previous three years; and

| (b) | 60 % in proportion to the number of third country nationals who have obtained an authorisation issued by the authorities of a Member States to reside on its territory over the previous three years. |
| --- | --- |

(b)

60 % in proportion to the number of third country nationals who have obtained an authorisation issued by the authorities of a Member States to reside on its territory over the previous three years.

3.   However, for the purpose of the calculation referred to in point (b) of paragraph 2, the following categories of persons shall not be included:

| (a) | seasonal workers, as defined under national law; |
| --- | --- |

(a)

seasonal workers, as defined under national law;

| (b) | third country nationals admitted for the purposes of studies, pupil exchange, unremunerated training or voluntary service in accordance with Council Directive 2004/114/EC of 13 December 2004 (8); |
| --- | --- |

(b)

third country nationals admitted for the purposes of studies, pupil exchange, unremunerated training or voluntary service in accordance with Council Directive 2004/114/EC of 13 December 2004 (8);

| (c) | third country nationals admitted for purposes of scientific research in accordance with Council Directive 2005/71/EC of 12 October 2005 (9); |
| --- | --- |

(c)

third country nationals admitted for purposes of scientific research in accordance with Council Directive 2005/71/EC of 12 October 2005 (9);

| (d) | third country nationals who have received a renewal of an authorisation issued by the authorities of a Member State or a change of status, including third country nationals who acquire long-term resident status in accordance with Council Directive 2003/109/EC of 25 November 2003 (10). |
| --- | --- |

(d)

third country nationals who have received a renewal of an authorisation issued by the authorities of a Member State or a change of status, including third country nationals who acquire long-term resident status in accordance with Council Directive 2003/109/EC of 25 November 2003 (10).

4.   The reference figures
  shall be
  the latest statistics produced by the Statistical Office of the European Communities
  on the basis of data provided by Member States
  in accordance with Community law.

Where Member States have not supplied to the Commission (Eurostat) the statistics concerned, they shall provide provisional data as soon as possible.

Before accepting these data as reference figures, the Commission (Eurostat) shall evaluate the quality, comparability and completeness of the statistical information in accordance with normal operational procedures. At the request of the Commission (Eurostat), Member States shall provide it with all the necessary information to do so
  .

Article 15

Financing structure

1.   The Fund's financial contribution shall take the form of grants.

2.   Actions supported by the Fund shall be co-financed by public or private sources, shall be of a non-profit nature and shall not be eligible for funding from other sources covered by the general budget of the European Communities.

3.   Fund appropriations shall be complementary to public or equivalent expenditure allocated by Member States to the measures covered by this Decision.

4.   The Community contribution to supported projects, as regards actions implemented in the Member States under Article 4 shall not exceed 50 % of the total cost of a specific action.

This may be increased to
  75 %
  for projects addressing specific priorities identified in the
  strategic
  guidelines as defined in Article 18.

This shall be increased to 75 % in the Member States covered by the Cohesion Fund.

5.
     
  In the framework of the implementation of national programming as set out in Chapter IV, Member States shall select projects for financing on the basis of the following minimum criteria
  :

| (a) | The situation and requirements in the Member State; |
| --- | --- |

(a)

The situation and requirements in the Member State;

| (b) | the cost-effectiveness of the expenditure, inter alia in view of the number of persons concerned by the project; |
| --- | --- |

(b)

the cost-effectiveness of the expenditure, inter alia in view of the number of persons concerned by the project;

| (c) | the experience, expertise, reliability and financial contribution of the organisation applying for funding and any partner organisation; |
| --- | --- |

(c)

the experience, expertise, reliability and financial contribution of the organisation applying for funding and any partner organisation;

| (d) | the extent to which the projects complement other action funded by the general budget of the European Union or as part of national programmes. |
| --- | --- |

(d)

the extent to which the projects complement other action funded by the general budget of the European Union or as part of national programmes.

6.
     As a general rule, Community financial aid granted for actions supported by the Fund shall be given for a period of no more than three years, subject to periodic progress reports.

Article 16

Technical assistance at the initiative of the Commission

1.   At the initiative of and/or on behalf of the Commission,
  subject to a ceiling of 500 000 of the Fund's annual allocation,
  the Fund may finance the preparatory measures, monitoring, administrative and technical support measures, as well as evaluation, audit and inspection measures necessary for implementing this Decision.

2.   Those actions shall include:

| (a) | studies, evaluations, expert reports, statistics, including those of a general nature concerning the operation of the Fund; |
| --- | --- |

(a)

studies, evaluations, expert reports, statistics, including those of a general nature concerning the operation of the Fund;

| (b) | information
  measures
  for the Member States the final
  beneficiaries and the general public,
  including awareness-raising campaigns and a common data base on the projects financed under the Fund
  ; |
| --- | --- |

(b)

information
  measures
  for the Member States the final
  beneficiaries and the general public,
  including awareness-raising campaigns and a common data base on the projects financed under the Fund
  ;

| (c) | the installation, operation and interconnection of computerised systems for management, monitoring, inspection and evaluation; |
| --- | --- |

(c)

the installation, operation and interconnection of computerised systems for management, monitoring, inspection and evaluation;

| (d) | the design of a common framework for evaluation and monitoring as well as a system of indicators, taking into account, where appropriate, national indicators; |
| --- | --- |

(d)

the design of a common framework for evaluation and monitoring as well as a system of indicators, taking into account, where appropriate, national indicators;

| (e) | improvements in evaluation methods and the exchange of information on practices in this field. |
| --- | --- |

(e)

improvements in evaluation methods and the exchange of information on practices in this field.

| (f) | information and training measures for the authorities designated by Member States in accordance with Chapter V, complementary to the efforts of the Member States to provide guidance to their authorities in accordance with Article 31, paragraph 2. |
| --- | --- |

(f)

information and training measures for the authorities designated by Member States in accordance with Chapter V, complementary to the efforts of the Member States to provide guidance to their authorities in accordance with Article 31, paragraph 2.

Article 17

Technical assistance of the Member States

1.   At the initiative of the Member State in question, for each annual programme, the Fund may finance preparatory measures, management, monitoring, evaluation, information and control measures, as well as measures for the reinforcement of the administrative capacity for the implementation of the Fund.

2.   The annual amount set aside for technical may not exceed

| (a) | 7 % of the total annual amount of co-financing allocated to the Member State, plus 30 000 euro for 2007-2010 and |
| --- | --- |

(a)

7 % of the total annual amount of co-financing allocated to the Member State, plus 30 000 euro for 2007-2010 and

| (b) | 4 % of the total annual amount of co-financing allocated to the Member State, plus 30 000euro

  for 2011-2013
  . |
| --- | --- |

(b)

4 % of the total annual amount of co-financing allocated to the Member State, plus 30 000euro

  for 2011-2013
  .

CHAPTER IV

PROGRAMMING

Article 18

Adoption of strategic guidelines

1.   
  The
  Commission shall adopt strategic guidelines setting out a framework for the intervention of the Fund, taking into account the progress in development and implementation of Community legislation in the area of immigration and other areas related to the integration of third country nationals as well as the indicative distribution of the financial resources of the Fund for the period concerned.

2.   For each of the objectives of the Fund, those guidelines shall in particular give effect to the priorities of the Community with a view to promoting the common basic principles.

3.   The Commission shall adopt the strategic guidelines relating to the multiannual programming period
  on 31 May 2007 at the latest
  .

4.   The strategic guidelines shall be adopted in accordance with the procedure referred to in Article 51(2).

Article 19

Preparation and approval of national multiannual programmes

1.   Each Member State shall
  propose
  on the basis of the strategic guidelines referred to in Article 18 a draft multiannual programme which shall
  consist of
  the following elements:

| (a) | a description of the current situation in the Member State as regards the implementation of national integration strategies in light of the common basic principles and, where available, as regards the development and implementation of national admission and introduction programmes; |
| --- | --- |

(a)

a description of the current situation in the Member State as regards the implementation of national integration strategies in light of the common basic principles and, where available, as regards the development and implementation of national admission and introduction programmes;

| (b) | an
  analysis of requirements in the Member State in question in terms of the national integration strategies and, where available, admission and introduction programmes, and an indication of operational objectives designed to meet these requirements during the period covered by the multiannual programme; |
| --- | --- |

(b)

an
  analysis of requirements in the Member State in question in terms of the national integration strategies and, where available, admission and introduction programmes, and an indication of operational objectives designed to meet these requirements during the period covered by the multiannual programme;

| (c) | the
  presentation of an appropriate strategy to achieve these objectives and the priorities attached to their attainment, and a description of the actions envisaged to implement these priorities; |
| --- | --- |

(c)

the
  presentation of an appropriate strategy to achieve these objectives and the priorities attached to their attainment, and a description of the actions envisaged to implement these priorities;

| (d) | an
  indication of whether this strategy is compatible with other regional, national and Community instruments; |
| --- | --- |

(d)

an
  indication of whether this strategy is compatible with other regional, national and Community instruments;

| (e) | information on the priorities and their specific targets. Those targets shall be quantified using a limited number of indicators, taking into account the proportionality principle. The indicators must make it possible to measure the progress in relation to the baseline situation and the effectiveness of the targets implementing the priorities; |
| --- | --- |

(e)

information on the priorities and their specific targets. Those targets shall be quantified using a limited number of indicators, taking into account the proportionality principle. The indicators must make it possible to measure the progress in relation to the baseline situation and the effectiveness of the targets implementing the priorities;

| (f) | a description of the approach chosen for the implementation of the principle of partnership laid down in Article 12; |
| --- | --- |

(f)

a description of the approach chosen for the implementation of the principle of partnership laid down in Article 12;

| (g) | a draft financing plan which sets out, for each priority and each year, the Fund's proposed financial contribution and the overall amount of public or private co-financing; |
| --- | --- |

(g)

a draft financing plan which sets out, for each priority and each year, the Fund's proposed financial contribution and the overall amount of public or private co-financing;

| (h) | implementing provisions for the multiannual programme,
  consisting of
  :






  — | the
  designation by the Member State of all the entities stipulated in Article 24; |
| --- | --- | --- |

(h)

implementing provisions for the multiannual programme,
  consisting of
  :

—

the
  designation by the Member State of all the entities stipulated in Article 24;

| — | a description of the implementation, monitoring, control and evaluation systems, including description of measures taken to ensure complementarity of actions with those financed under the European Social Fund; |
| --- | --- |

—

a description of the implementation, monitoring, control and evaluation systems, including description of measures taken to ensure complementarity of actions with those financed under the European Social Fund;

| — | a definition of the procedures for the mobilisation and circulation of financial flows in order to ensure their transparency; |
| --- | --- |

—

a definition of the procedures for the mobilisation and circulation of financial flows in order to ensure their transparency;

| — | the provisions laid down to ensure that the multiannual programme is publicised. |
| --- | --- |

—

the provisions laid down to ensure that the multiannual programme is publicised.

2.
     Member States shall submit their draft multiannual programme no later than four months after the Commission has provided the strategic guidelines for the period in question.

3.
     
  In order to approve the draft multiannual programme,
  the Commission shall
  examine
  :

| (a) | its consistency with the objectives of the Fund and the strategic guidelines defined in Article 18; |
| --- | --- |

(a)

its consistency with the objectives of the Fund and the strategic guidelines defined in Article 18;

| (b) | the relevance
  of the actions envisaged in the draft in light of the strategy which is proposed
  ; |
| --- | --- |

(b)

the relevance
  of the actions envisaged in the draft in light of the strategy which is proposed
  ;

| (c) | the compliance of the management and control arrangements set up by the Member State for the implementation of the Fund's interventions with the provisions set out in this Decision; |
| --- | --- |

(c)

the compliance of the management and control arrangements set up by the Member State for the implementation of the Fund's interventions with the provisions set out in this Decision;

| (d) | its compliance with Community law and in particular with Community law aiming at ensuring the free movement of persons in conjunction with the directly related flanking measures with respect to external borders controls, asylum and immigration. |
| --- | --- |

(d)

its compliance with Community law and in particular with Community law aiming at ensuring the free movement of persons in conjunction with the directly related flanking measures with respect to external borders controls, asylum and immigration.

4.
     Where the Commission considers that a draft multiannual programme is inconsistent with the strategic guidelines or does not comply with the provisions of this decision setting out management and control systems or with Community law, it shall invite the Member State to provide all necessary information and, where appropriate, to revise the proposed programme accordingly.

5.
     The Commission shall approve each multiannual programme within three months following its formal submission, in accordance with the procedure referred to in Article 51(2).

Article 20

Revision of multiannual programmes

1.   At the initiative of the Member State in question or the Commission, the multiannual programme shall be re-examined and, if necessary, revised for the rest of the programming period in order to take greater or different account of the Community priorities. Multiannual programmes may be re-examined in the light of evaluations and/or following implementation difficulties.

2.   The Commission shall adopt a decision approving the revision of the multiannual programme as soon as possible after the formal submission of a request by the Member State concerned.
  The revision of the multiannual programme shall be done in accordance with the procedure referred to in Article 51(2).

Article 21

Annual programmes

1.   The multiannual programmes approved by the Commission shall be implemented by means of annual programmes.

2.   The Commission shall provide the Member States, no later than 1 July of each year, with an estimate of the amounts to be allocated to them for the following year from the total appropriations allocated under the annual budgetary procedure, calculated as provided by Article 14.

3.   The Member States shall submit to the Commission, no later than 1 November of each year, a draft annual programme for the following year, established in accordance with the multiannual programme and
  consisting of the following elements
  :

| (a) | the general rules for selection of projects to be financed under the annual programme; |
| --- | --- |

(a)

the general rules for selection of projects to be financed under the annual programme;

| (b) | a description of the tasks to be
  supported under

  the annual programme; |
| --- | --- |

(b)

a description of the tasks to be
  supported under

  the annual programme;

| (c) | the proposed financial breakdown of the Fund's contribution between the programme's various actions and an indication of the amount requested to cover technical assistance under Article 17 for the purpose of implementing the annual programme. |
| --- | --- |

(c)

the proposed financial breakdown of the Fund's contribution between the programme's various actions and an indication of the amount requested to cover technical assistance under Article 17 for the purpose of implementing the annual programme.

4.   When examining the
  draft annual programme of a
  Member State, the Commission shall take account of the final amount of the appropriations allocated to the Fund under the budgetary procedure [...].

Within one month of the formal submission of this draft, the Commission shall inform the Member State whether it can approve it or not. If the draft annual programme is inconsistent with the multiannual programme, the Commission shall invite the Member State to provide all necessary information and, where appropriate, to revise the proposed programme accordingly.

The Commission
  shall adopt the financing decision
  , approving the annual programme,
  no later than 1 March of the year in question. The decision shall indicate the amount allocated to the Member State and the period for which the expenditure is eligible.

Article 21A

Mid-term review of the multiannual programme

1.
     
  The Commission shall review the strategic guidelines and where necessary, adopt, on 31 March 2010 at the latest, new strategic guidelines for the period 2011-2013.

2.
     
  If such strategic guidelines are adopted, each Member States shall re-examine its multi-annual programme and where appropriate, revise it.

3.
     
  The rules in Article 19 on the preparation and approval of national multi-annual programmes shall apply mutatis mutandis for the preparation and approval of these revised multi-annual programmes.

4.
     
  The revised strategic guidelines shall be adopted in accordance with the procedure referred to in Article 51(2).

CHAPTER V

MANAGEMENT AND CONTROL SYSTEMS

Article 22

Implementation

The Commission shall be responsible for implementing this Decision and shall adopt such implementing rules as may be necessary.

Article 23

General Principles in the management and control systems

The management and control systems of multiannual programmes set up by Member States shall provide for:

| (a) | the
  definition of the functions of the bodies [...] concerned in management and control and
  the
  allocation of functions within each body [...]; |
| --- | --- |

(a)

the
  definition of the functions of the bodies [...] concerned in management and control and
  the
  allocation of functions within each body [...];

| (b) | the respect of the principle of
  separation of functions between
  and within such
  bodies; |
| --- | --- |

(b)

the respect of the principle of
  separation of functions between
  and within such
  bodies;

| (c) | adequate resources for each body or department to carry out the functions which have been allocated to it throughout the period of implementation of actions financed by the Fund; |
| --- | --- |

(c)

adequate resources for each body or department to carry out the functions which have been allocated to it throughout the period of implementation of actions financed by the Fund;

| (d) | procedures for ensuring the correctness and regularity of the expenditure declared under the multiannual programmes
  ; |
| --- | --- |

(d)

procedures for ensuring the correctness and regularity of the expenditure declared under the multiannual programmes
  ;

| (e) | reliable accounting, monitoring and financial reporting systems in computerised form; |
| --- | --- |

(e)

reliable accounting, monitoring and financial reporting systems in computerised form;

| (f) | a system of reporting and monitoring where the

  responsible body entrusts the execution of tasks to another body
  ; |
| --- | --- |

(f)

a system of reporting and monitoring where the

  responsible body entrusts the execution of tasks to another body
  ;

| (g) | manuals of procedures in relation to the functions to be performed; |
| --- | --- |

(g)

manuals of procedures in relation to the functions to be performed;

| (h) | arrangements for
  auditing
  the functioning of the system; |
| --- | --- |

(h)

arrangements for
  auditing
  the functioning of the system;

| (i) | systems and procedures to ensure
  an adequate
  audit trail; |
| --- | --- |

(i)

systems and procedures to ensure
  an adequate
  audit trail;

| (j) | reporting and monitoring
  procedures
  for
  irregularities and for the recovery of amounts unduly paid. |
| --- | --- |

(j)

reporting and monitoring
  procedures
  for
  irregularities and for the recovery of amounts unduly paid.

Article 24

Designation of authorities

1.   For
  implementing its
  multiannual programme
  and annual programmes
  the Member State shall designate the following:

| (a) | a responsible authority: a functional body of the Member State or national public authority or body designated by the Member State
  or a body governed by the private law of the Member State and which has a public sevice mission
  , which shall be responsible for the management of multi-annual and annual programmes supported by the Fund and shall handle all communication with the Commission; |
| --- | --- |

(a)

a responsible authority: a functional body of the Member State or national public authority or body designated by the Member State
  or a body governed by the private law of the Member State and which has a public sevice mission
  , which shall be responsible for the management of multi-annual and annual programmes supported by the Fund and shall handle all communication with the Commission;

| (b) | a certifying authority: a national public authority or body,
  or individual acting as such body or authority,
  designated by the Member State to certify declarations of expenditure and applications for payment before they are sent to the Commission; |
| --- | --- |

(b)

a certifying authority: a national public authority or body,
  or individual acting as such body or authority,
  designated by the Member State to certify declarations of expenditure and applications for payment before they are sent to the Commission;

| (c) | an audit authority: national public authority or body,
  provided that it is functionally independent
  of the responsible authority and the certifying authority, designated by the Member State and responsible for verifying the
  effective functioning
  of the management and control system; |
| --- | --- |

(c)

an audit authority: national public authority or body,
  provided that it is functionally independent
  of the responsible authority and the certifying authority, designated by the Member State and responsible for verifying the
  effective functioning
  of the management and control system;

| (d) | where appropriate, a delegated authority; |
| --- | --- |

(d)

where appropriate, a delegated authority;

2.   The Member State shall lay down rules governing its relations with those authorities
  referred to in paragraph 1
  and their relations with the Commission.

3.   Subject to Article 23(b),
  some or all of the authorities referred to in paragraph 1 maybe located within the
  same body.

4.   The rules for implementing Articles 25 to 29 shall be adopted by the Commission in accordance with the procedure referred to in Article 51(2).

Article 25

Responsible authority

1.
     The responsible authority shall meet the following minimum conditions. It shall:

| (a) | have legal personality, except where it is a functional body of the Member State; |
| --- | --- |

(a)

have legal personality, except where it is a functional body of the Member State;

| (b) | have the infrastructure required for easy communication with a wide range of users and with the responsible bodies in the other Member States and the Commission; |
| --- | --- |

(b)

have the infrastructure required for easy communication with a wide range of users and with the responsible bodies in the other Member States and the Commission;

| (c) | work in an administrative context allowing it to carry out its tasks correctly and avoiding any conflict of interest; |
| --- | --- |

(c)

work in an administrative context allowing it to carry out its tasks correctly and avoiding any conflict of interest;

| (d) | be in a position to apply Community fund management rules; |
| --- | --- |

(d)

be in a position to apply Community fund management rules;

| (e) | have financial and management capacities proportionate to the volume of Community funds which it will be called upon to manage; |
| --- | --- |

(e)

have financial and management capacities proportionate to the volume of Community funds which it will be called upon to manage;

| (f) | have at its disposal personnel with appropriate professional qualifications and language skills for administrative work in an international environment. |
| --- | --- |

(f)

have at its disposal personnel with appropriate professional qualifications and language skills for administrative work in an international environment.

2.
     The Member State shall provide the responsible authority with adequate funding so that it can
  continue to
  carry out its tasks properly and uninterruptedly throughout the period 2007-2013.

2a.
     
  The Commission may assist the Member States in the training of staff, in particular as regards the correct application of Chapter V-IX of this Decision.

Article 26

Tasks of the responsible authority

1.   The responsible authority shall
  be responsible for
  managing and implementing the multi-annual programme
  in accordance with the principle of sound financial management.

It shall in particular:

| (a) | consult partners
  in accordance with
  Article 12; |
| --- | --- |

(a)

consult partners
  in accordance with
  Article 12;

| (b) | submit to the Commission the proposals for multiannual and annual programmes defined in Articles 19 and 21; |
| --- | --- |

(b)

submit to the Commission the proposals for multiannual and annual programmes defined in Articles 19 and 21;

| (c) | set up a cooperation mechanism with the managing authorities designated by the Member State for the purposes of the implementation of the actions under the European Social Fund
  and the European Refugee Fund
  ; |
| --- | --- |

(c)

set up a cooperation mechanism with the managing authorities designated by the Member State for the purposes of the implementation of the actions under the European Social Fund
  and the European Refugee Fund
  ;

| (d) | organise and advertise calls for tenders and proposals
  , if appropriate
  ; |
| --- | --- |

(d)

organise and advertise calls for tenders and proposals
  , if appropriate
  ;

| (e) | organise selection and award procedures for
  co-financing actions under the
  Fund in accordance with the principles
  set out in Article 15 paragraph 5
  ; |
| --- | --- |

(e)

organise selection and award procedures for
  co-financing actions under the
  Fund in accordance with the principles
  set out in Article 15 paragraph 5
  ;

| (f) | receive payments made by the Commission, and make payments to the
  final
  beneficiaries; |
| --- | --- |

(f)

receive payments made by the Commission, and make payments to the
  final
  beneficiaries;

| (g) | ensure consistency and complementarity between co-financing under the Fund and from other relevant national and Community financial instruments; |
| --- | --- |

(g)

ensure consistency and complementarity between co-financing under the Fund and from other relevant national and Community financial instruments;

| (h) | monitor
  the delivery of the co-financed products and services and that the expenditure declared for actions has actually been incurred and complies with Community and national rules; |
| --- | --- |

(h)

monitor
  the delivery of the co-financed products and services and that the expenditure declared for actions has actually been incurred and complies with Community and national rules;

| (i) | ensure that there is a system for recording and storing in computerised form accounting records of each action under the annual programmes and that the data on implementation necessary for financial management, monitoring, control and evaluation is collected; |
| --- | --- |

(i)

ensure that there is a system for recording and storing in computerised form accounting records of each action under the annual programmes and that the data on implementation necessary for financial management, monitoring, control and evaluation is collected;

| (j) | ensure that
  final
  beneficiaries and other bodies involved in the implementation of actions co-financed by the Fund maintain either a separate accounting system or an adequate accounting code for all transactions relating to the
  action, without prejudice to national accounting rules
  ; |
| --- | --- |

(j)

ensure that
  final
  beneficiaries and other bodies involved in the implementation of actions co-financed by the Fund maintain either a separate accounting system or an adequate accounting code for all transactions relating to the
  action, without prejudice to national accounting rules
  ;

| (k) | ensure that the evaluations of multiannual programmes referred to in Article 48 are carried out within the time limits laid down in this Decision and meet the quality standards agreed between the Commission and the Member State; |
| --- | --- |

(k)

ensure that the evaluations of multiannual programmes referred to in Article 48 are carried out within the time limits laid down in this Decision and meet the quality standards agreed between the Commission and the Member State;

| (l) | set up procedures to ensure that all documents regarding expenditure and audits required to ensure an adequate audit trail are held in accordance with the requirements referred to in Article 42; |
| --- | --- |

(l)

set up procedures to ensure that all documents regarding expenditure and audits required to ensure an adequate audit trail are held in accordance with the requirements referred to in Article 42;

| (m) | ensure that the audit authority receives, for the purposes of carrying out the audits defined in Article 29(1) all necessary information on management procedures operated and the projects co-financed by the Fund; |
| --- | --- |

(m)

ensure that the audit authority receives, for the purposes of carrying out the audits defined in Article 29(1) all necessary information on management procedures operated and the projects co-financed by the Fund;

| (n) | ensure that the certifying authority receives all necessary information on the procedures and
  verifications
  carried out in relation to expenditure for the purpose of certification; |
| --- | --- |

(n)

ensure that the certifying authority receives all necessary information on the procedures and
  verifications
  carried out in relation to expenditure for the purpose of certification;

| (o) | draw up and submit to the Commission
  progress and final
  reports
  on the implementation of the annual programmes, declarations
  of expenditure certified by the certifying authority and
  requests
  for payment
  or where appropriate declaration of reimbursement
  ; |
| --- | --- |

(o)

draw up and submit to the Commission
  progress and final
  reports
  on the implementation of the annual programmes, declarations
  of expenditure certified by the certifying authority and
  requests
  for payment
  or where appropriate declaration of reimbursement
  ;

| (p) | carry out information and advisory activities; and disseminate results of supported actions; |
| --- | --- |

(p)

carry out information and advisory activities; and disseminate results of supported actions;

| (q) | cooperate with the Commission and the responsible authorities in the other Member States; |
| --- | --- |

(q)

cooperate with the Commission and the responsible authorities in the other Member States;

| (r) | verify the implementation by the final beneficiaries of the guidelines referred to in Article 32(6). |
| --- | --- |

(r)

verify the implementation by the final beneficiaries of the guidelines referred to in Article 32(6).

2.   The responsible authority's management activities for projects implemented in the Member States can be financed under the technical assistance arrangements referred to in Article 17.

Article 27

Delegation of tasks by the responsible authority

1.   Where all or some of the responsible authority's tasks are delegated to a delegated authority, the responsible authority shall define precisely the scope of the tasks delegated, and set out detailed procedures for the implementation of the delegated tasks, which shall comply with the conditions laid down in Article 25.

2.   These procedures shall include supplying the responsible authority with regular information on the effective performance of the delegated tasks and a description of the means employed.

Article 28

Certifying authority

1.   The certifying authority shall:

| (a) | certify that:






  — | the
  declaration
  of expenditure is accurate, results from reliable accounting systems and is based on verifiable supporting documents, |
| --- | --- | --- |

(a)

certify that:

—

the
  declaration
  of expenditure is accurate, results from reliable accounting systems and is based on verifiable supporting documents,

| — | the expenditure declared complies with applicable Community and national rules and has been incurred in respect of actions selected in accordance with the criteria applicable to the programme and complying with Community and national rules; |
| --- | --- |

—

the expenditure declared complies with applicable Community and national rules and has been incurred in respect of actions selected in accordance with the criteria applicable to the programme and complying with Community and national rules;

| (b) | ensure for the purposes of certification that it has received adequate information from the responsible authority on the procedures and verifications carried out in relation to expenditure included in
  declarations
  of expenditure; |
| --- | --- |

(b)

ensure for the purposes of certification that it has received adequate information from the responsible authority on the procedures and verifications carried out in relation to expenditure included in
  declarations
  of expenditure;

| (c) | take account for the purposes of certification of the results of all audits carried out by or under the responsibility of the audit authority; |
| --- | --- |

(c)

take account for the purposes of certification of the results of all audits carried out by or under the responsibility of the audit authority;

| (d) | maintain accounting records in computerised form of expenditure declared to the Commission; |
| --- | --- |

(d)

maintain accounting records in computerised form of expenditure declared to the Commission;

| (e) | ensure the recovery of any Community financing found to have been unduly paid as a result of irregularities detected, together with interest where appropriate, keeping an account of amounts recoverable and repaying amounts recovered to the
  general budget of the European Communities
  , where possible by deducting them from the next
  declaration
  of expenditure. |
| --- | --- |

(e)

ensure the recovery of any Community financing found to have been unduly paid as a result of irregularities detected, together with interest where appropriate, keeping an account of amounts recoverable and repaying amounts recovered to the
  general budget of the European Communities
  , where possible by deducting them from the next
  declaration
  of expenditure.

2.   The certifying authority's activities relating to projects implemented in the Member States can be financed under the technical assistance arrangements referred to in Article 17, provided that the prerogatives of this authority as described in Article 24 are respected.

Article 29

Audit authority

1.   The audit authority shall:

| (a) | ensure that audits are carried out to verify the effective
  functioning
  of the management and control system; |
| --- | --- |

(a)

ensure that audits are carried out to verify the effective
  functioning
  of the management and control system;

| (b) | ensure that audits are carried out on actions on the basis of an appropriate sample to verify expenditure declared; the sample shall represent at least 10 % of the total eligible expenditure for each annual programme; |
| --- | --- |

(b)

ensure that audits are carried out on actions on the basis of an appropriate sample to verify expenditure declared; the sample shall represent at least 10 % of the total eligible expenditure for each annual programme;

| (c) | present to the Commission within six months of the approval of the multiannual programme an audit strategy covering the bodies which will perform the audits referred to under 
  subparagraphs
  (a) and (b),
  ensuring
  that the main beneficiaries of co-financing by the Fund are audited and that audits are spread evenly throughout the programming period. |
| --- | --- |

(c)

present to the Commission within six months of the approval of the multiannual programme an audit strategy covering the bodies which will perform the audits referred to under 
  subparagraphs
  (a) and (b),
  ensuring
  that the main beneficiaries of co-financing by the Fund are audited and that audits are spread evenly throughout the programming period.

2.   Where the designated audit authority under this decision is also the designated audit authority under Decisions ..., ... and ... (11), or where common systems apply to two or more of these Funds, a single combined audit strategy may be submitted under paragraph 1 point (c).

3.   
  For each annual programme, the
  audit authority shall draft a report which shall comprise:

| (a) | an annual audit report setting out the findings of the audits carried out in accordance with the audit strategy in respect of the annual programme and reporting any shortcomings found in the systems for the management and control of the programme. |
| --- | --- |

(a)

an annual audit report setting out the findings of the audits carried out in accordance with the audit strategy in respect of the annual programme and reporting any shortcomings found in the systems for the management and control of the programme.

| (b) | an opinion
  , on the basis of the controls and audits that have been carried out under the responsibility of the audit authority,
  as to whether
  the functioning of
  the management and control system
  provides
  reasonable assurance
  that declarations
  of expenditure presented to the Commission
  are correct and that the
  underlying transactions
  are legal and regular
  . |
| --- | --- |

(b)

an opinion
  , on the basis of the controls and audits that have been carried out under the responsibility of the audit authority,
  as to whether
  the functioning of
  the management and control system
  provides
  reasonable assurance
  that declarations
  of expenditure presented to the Commission
  are correct and that the
  underlying transactions
  are legal and regular
  .

| (c) | a declaration assessing the validity of the
  request
  for payment of the final balance and the legality and regularity of the expenditure
  concerned
  . |
| --- | --- |

(c)

a declaration assessing the validity of the
  request
  for payment of the final balance and the legality and regularity of the expenditure
  concerned
  .

4.   
  The
  audit authority shall ensure that the
  audit
  work
  takes account of
  internationally accepted audit standards.

5.   The audit relating to projects implemented in the Member States can be financed under the technical assistance arrangements referred to in Article 17, provided that the prerogatives of this authority as described in Article 24 are respected.

CHAPTER VI

RESPONSIBILITIES AND CONTROLS

Article 30

Responsibilities of the Member States

1.   Member States shall be responsible for ensuring sound financial management of multiannual and annual programmes and the legality and regularity of underlying transactions.

2.   They shall ensure that responsible authorities and any delegated authority, certifying authorities, audit authorities and any other bodies concerned receive adequate guidance on setting up the management and control systems referred to in Articles 23 to 29 to ensure that Community financing is used efficiently and correctly.

3.   Member States shall prevent, detect and correct irregularities. They shall notify these to the Commission, and keep the Commission informed of the progress in the administrative and legal proceedings.

When amounts unduly paid to
  the final
  beneficiary cannot be recovered, the Member State is responsible for reimbursing the amounts lost to the
  general
  budget of the European Communities
  when it is established that the loss has been incurred as a result of its fault or negligence.

4.   Member States shall be primarily responsible for the financial control of actions and shall ensure that management systems and audits are implemented in such a way as to guarantee that Community funds are used properly and effectively. They shall provide the Commission with a description of these systems.

5
  .   The detailed rules for implementing paragraphs 1
  to 4
  shall be adopted in accordance with the procedure referred to in Article 51(2).

Article 31

Management and control systems

1.   Prior to the
  approval
  of
  the
  multiannual programme
  by the Commission in accordance with the procedure referred to in Article 51(2)
  , the Member States shall ensure that management and control systems have been set up in accordance with Articles 23 to 29. They shall be responsible for ensuring that the systems function effectively throughout the programming period.

2.   Member States shall submit to the Commission, together with
  their
  draft multiannual programme, a description of the organisation and procedures of the responsible authorities, delegated authorities and certifying authorities, and the internal audit systems operating in
  these
  authorities and bodies, the audit authority, and any other bodies carrying out audits under its responsibility.

3.   
  The Commission shall review the application of this provision in the context of the preparation of the report for the period 2007-2013, set out in Article 49(3).

Article 32

Responsibilities of the Commission

1.   The Commission shall satisfy itself in accordance with the procedure laid down in Article 31 that the Member States have set up management and control systems that comply with Articles 23 to 29, and on the basis of the annual audit reports and its own audits that the systems function effectively during the
  programming
  period.

2.   Without prejudice to audits carried out by Member States, Commission officials or authorised Commission representatives may carry out on-the-spot audits to verify the effective
  functioning
  of the management and control systems, which may include audits on actions included in the annual programmes, with a minimum of
  three
  working day's notice. Officials or authorised representatives of the Member State concerned may take part in such audits.

3.   The Commission may require
  a Member State
  to carry out an on-the-spot check to verify the correct functioning of the systems or the correctness of one or more transactions. Commission officials or authorised Commission representatives may take part in such audits.

4.   The Commission shall, in cooperation with the Member States, ensure that appropriate information, publicity and follow-up are provided for actions supported by the Fund.

5.   The Commission shall, in cooperation with the Member States, ensure that actions are consistent with, and complementary to, other relevant Community policies, instruments and initiatives.

6.
     
  The Commission shall lay down guidelines to ensure the visibility of the funding granted under this Decision.

Article 33

Cooperation with the control bodies of the Member States

1.   The Commission shall cooperate with the audit authorities to coordinate their respective control plans and audit methods and shall immediately exchange the results of audits carried out on management and control systems in order to make the best possible use of control resources and to avoid unjustified duplication of work.

The Commission shall provide its comments on the audit strategy presented under Article 29 not later than three months.

2.   In determining its own audit strategy, the Commission shall identify those
  annual
  programmes
  which it considers satisfactory on the basis of its existing knowledge of
  the management and control systems.

For those programmes, the Commission may
  conclude that it can
  rely principally on the
  audit evidence provided by the Member States and that it
  will carry out its own on-the-spot audits only
  if there is evidence to suggest shortcomings in the systems.

CHAPTER VII

FINANCIAL MANAGEMENT

Article 34

Eligibility — Declarations of expenditure

1.   All declarations of expenditure shall include the amount of expenditure incurred by
  final
  beneficiaries in implementing the actions and the corresponding contribution from public or private funds.

2.   Expenditure shall correspond to the payments effected by the beneficiaries. It shall be justified by receipted invoices or accounting documents of equivalent evidential value.

3.   Expenditure may be considered eligible for support from the Fund only if it is actually paid no earlier than 1 January of the year referred to in the
  financing
  decision
  , approving the annual programme
  indicated in Article 21(4). Actions co-financed must not have been completed before the starting date for eligibility.

By way of exception, the period for which the expenditure is eligible shall be fixed at three years for the expenditure implementing the actions supported under the 2007 annual programmes.

4.
     The rules governing eligibility of expenditure within the framework of actions co-financed by the Fund in the Member States under Article 4 shall be adopted in accordance with the procedure provided for by Article 51(2).

Article 35

Completeness of payment to beneficiaries

Member States shall satisfy themselves that the responsible authority ensures that the
  final
  beneficiaries receive the total amount of the contribution from public funds as quickly as possible. No amounts shall be deducted or withheld, nor any further specific charge or other charge with equivalent effect shall be levied that would reduce these amounts for the
  final
  beneficiaries
  provided that the final beneficiaries meet all the requirements regarding the eligibility of actions and expenses
  .

Article 36

Use of the euro

1.
     
  Amounts set out in the draft multi-annual and annual programmes of the Member States referred to in respectively Articles 19 and 21, certified declarations of expenditure, requests for payments referred to in Article 26(1) point (o) and expenditure mentioned in the progress report on the implementation of the annual programme referred to in Article 38(4) and the final report on the implementation of the annual programme referred to in Article 50 shall be denominated in euro.

2.
     
  Commission financing decisions, approving the annual programmes of Member States referred to in Article 21(4),
  commitments and payments
  shall be denominated
  and carried out in euro.

3.
     
  Member States which have not adopted the euro as their currency on the date of the request for payment shall convert into euro the amounts of expenditure incurred in national currency. This amount shall be converted in euro using the monthly accounting exchange rate of the Commission in the month during which the expenditure was registered in the accounts of the responsible authority of the programme concerned. This rate shall be published electronically by the Commission each month.

4.
     
  When the euro becomes the currency of a Member State, the conversion procedure set out in the preceding paragraph shall continue to apply to all expenditure recorded in the accounts by the certifying authority before the date of entry into force of the fixed conversion rate between the national currency and the euro.

Article 37

Commitments

Community budgetary commitments shall be made annually on the basis of the financing decision
  , approving the annual programme
  referred to in Article 21(4).

Article 38

Payments — Pre-financing

1.   Payments by the Commission of the contribution from the Funds shall be made in accordance with the budget commitments.

2.   Payments shall take the form of pre-financing and payment of the balance. They shall be made to the responsible authority designated by the Member State.

3.   A pre-financing payment representing 50 % of the amount allocated in the Commission's financing decision
  approving the annual programme
  shall be made to the Member State within sixty days following the adoption of
  that
  decision.

4.   A second pre-financing payment shall be made no more than three months after the Commission has approved
  , within two months of the formal submission,
  a progress report on the implementation of the annual programme and a certified declaration of expenditure drawn up in accordance with Articles 
  28(1)(a)
  and
  34
  accounting for at least
  60 %
  of the amount of the initial payment. The amount of the second pre-financing payment made by the Commission shall not exceed 50 % of the total amount allocated by the
  financing
  decision,
  approving the annual programme and
  , in any event,
  where a Member State has committed nationally an amount less the amount indicated in the financing decision, approving the annual programme,
  the balance of the amount of Community funds actually committed by the Member State for selected projects under the annual programme minus the first pre-financing payment.

5.   
  Any interest
  generated by pre-financing payments shall be
  posted
  to the programme concerned
  , being regarded as a resource for the Member State as national public contribution and shall be declared to the Commission at the time of
  the final
  declaration
  of expenditure
  of the programme concerned
  .

6.   The amounts paid as pre financing shall be cleared from the accounts when the annual programme is closed.

Article 39

Payments of balance

1.   The Commission shall pay the balance provided it has received the following documents
  no later than
  nine months
  after the eligibility deadline for expenditure laid down
  in the
  financing
  decision
  , approving the annual programme
  :

| (a) | a certified declaration of expenditure duly drawn up in accordance with Articles
  28(1) point (a)
  and 34
  and a request for payment of the balance or a declaration of reimbursement
  ; |
| --- | --- |

(a)

a certified declaration of expenditure duly drawn up in accordance with Articles
  28(1) point (a)
  and 34
  and a request for payment of the balance or a declaration of reimbursement
  ;

| (b) | the final
  report on the
  implementation
  of
  the annual programme,
  as
  set out in Article 50; |
| --- | --- |

(b)

the final
  report on the
  implementation
  of
  the annual programme,
  as
  set out in Article 50;

| (c) | the
  annual
  audit report, opinion and declaration provided for in Article 29(3). |
| --- | --- |

(c)

the
  annual
  audit report, opinion and declaration provided for in Article 29(3).

The payment of the balance is subject to the acceptance of the final report
  on the implementation
  of the annual programme and of the
  declaration assessing
  the validity
  of
  the request for payment of the balance.

2.   If the responsible authority fails to provide the documents required in paragraph 1 by the due date and in an acceptable format, the Commission shall decommit any part of the budget commitment of the corresponding annual programme that has not been used for payment of the pre-financing.

3.   The automatic cancellation procedure defined in paragraph 2 shall be suspended, for the amount of the projects concerned, where legal proceedings or administrative appeal having
  suspensive
  effects are ongoing at Member State level at the time of submission of the documents defined in paragraph 1. The Member State shall, in the partial final report submitted, give detailed information on such projects, and send reports on progress made with regard to these projects every 6 months. Within 3 months of the conclusion of the legal proceedings or administrative appeal procedure, the Member State shall present the documents required in paragraph 1 for the projects concerned.

4.   The nine months period referred to in paragraph 1 shall be interrupted if the Commission has adopted a decision suspending payments of the co-financing for the relevant annual programme in accordance with the provisions of Article 41. The period shall start to run again from the date when the Commission decision referred to in Article 41(3) has been notified to the Member State.

5.   Without prejudice to the provisions of Article 40, the Commission shall, within six months of receiving the documents referred to in paragraph 1, inform the Member State of the amount of expenditure recognised by the Commission as chargeable to the Fund, and of any financial corrections deriving from the difference between declared expenditure and the expenditure recognised. The Member State shall have three months to present its comments.

6.   Within three months of receiving the Member State's comments, the Commission shall decide on the amount of expenditure recognised as chargeable to the Fund, and recover the balance arising from the difference between final recognised expenditure and the sums already paid to the Member States.

7.   Subject to available funding, the Commission shall pay the balance within no more than sixty days from the date on which it accepts the documents referred to in paragraph one above. The balance of the budgetary commitment shall be decommitted six months following the payment.

Article 40

Interruption

1.   The payment deadline shall be interrupted by the authorising officer by delegation within the meaning of Regulation (EC, Euratom) No 1605/2002 for a maximum period of six months if [...]:

| (a) | in a report of a national or Community audit body there is evidence to suggest a significant deficiency in the
  functioning of the management and control systems [...]
  , |
| --- | --- |

(a)

in a report of a national or Community audit body there is evidence to suggest a significant deficiency in the
  functioning of the management and control systems [...]
  ,

| (b) | that officer
  has to carry out additional verifications following information coming to his notice which alerted him that expenditure in a certified declaration of expenditure is linked to a serious irregularity which has not been corrected. |
| --- | --- |

(b)

that officer
  has to carry out additional verifications following information coming to his notice which alerted him that expenditure in a certified declaration of expenditure is linked to a serious irregularity which has not been corrected.

2.
     The Member State and the
  certifying
  authority
  shall be informed
  immediately of the reasons for the interruption.
  The interruption shall be ended
  as soon as
  the necessary measures have been taken by the Member State.

Article 41

Suspension

1.   All or part of the pre-financing and balance payments may be suspended by the Commission when:

| (a) | there is a serious deficiency in the management and control system of the programme which affects the reliability of the procedure for certification of payments and for which corrective measures have not been taken; or |
| --- | --- |

(a)

there is a serious deficiency in the management and control system of the programme which affects the reliability of the procedure for certification of payments and for which corrective measures have not been taken; or

| (b) | expenditure in a certified
  declaration
  of expenditure is linked to a serious irregularity which has not been corrected; or |
| --- | --- |

(b)

expenditure in a certified
  declaration
  of expenditure is linked to a serious irregularity which has not been corrected; or

| (c) | a Member State has not complied with its obligations under Articles 30 and 31. |
| --- | --- |

(c)

a Member State has not complied with its obligations under Articles 30 and 31.

2.   The Commission may decide to suspend pre-financing and balance payments after having given the Member State the opportunity to present its observations within a period of three months.

3.   The Commission shall end
  the
  suspension of pre-financing and balance payments when it considers that the Member State has taken the necessary measures to enable the suspension to be lifted.

4.   If the required measures are not taken by the Member State, the Commission may adopt a decision to cancel
  all or part of
  the Community contribution to the annual programme in accordance with Article 45.

Article 42

Conservation of documents

Without prejudice to the rules governing State aid under Article 87 of the Treaty,
  the responsible Authority shall ensure that all the supporting documents regarding expenditure and audits on the
  programmes
  concerned are kept available for the Commission and the Court of Auditors
  for a period of five years following the closure of the programmes as defined in Article 39(1)
  .

This period shall be interrupted either in the case of legal proceedings or at the duly motivated request of the Commission.

The documents shall be kept either in the form of the originals or in versions certified to be in conformity with the originals on commonly accepted data carriers.

CHAPTER VIII

FINANCIAL CORRECTIONS

Article 43

Financial corrections established by the Member States

1.   
  The
  Member States shall
  in the first instance bear the responsibility
  for investigating irregularities,
  acting
  upon evidence of any major change affecting the nature or the conditions for the implementation or control of
  programmes
  and
  making
  the required financial corrections.

2.   The Member State shall make the financial corrections required in connection with the individual or systemic irregularities detected in actions or annual programmes. The corrections made by the Member States shall consist in recovering all or part of the Community contribution. The Member State shall take into account the nature and gravity of the irregularities and the financial loss to the Fund.

3.   Member States shall include in the
  final
  report
  on the implementation of the annual programme referred to in Article 50
  a list of cancellation proceedings initiated for the annual programme concerned.

The corrections made by the Member State shall consist in cancelling all or part of the Community contribution, and, where the amount is not repaid in the time allowed by the relevant Member State, default interest shall be due at the rate provided for by Article 46(2).

4.   In the case of systemic irregularities the Member State shall extend its enquiries to cover all operations liable to be affected.

Article 44

Audit of accounts and financial corrections by the Commission

1.   Without prejudice to the powers of the Court of Auditors or the checks carried out by the Member States in accordance with national laws, regulations and administrative provisions, Commission officials or authorised Commission representatives may carry out on-the-spot checks, including sample checks, on the operations financed by the Fund and on management and control systems with a minimum of
  three working days'
  notice. The Commission shall give notice to the Member State concerned with a view to obtaining all the assistance necessary. Officials or authorised representatives of the Member State concerned may take part in such checks.

The Commission may require the Member State concerned to carry out an on-the-spot-check to verify the correctness of one or more transactions. Commission officials or authorised Commission representatives may take part in such checks.

2.   If, after completing the necessary verifications, the Commission concludes that a Member State is not complying with its obligations under Article 30, it shall suspend the pre-financing or final payment in accordance with Article 41.

Article 45

Criteria for the corrections

1.   
  The Commission may make financial
  corrections
  by cancelling
  all or part of the Community contribution to an annual programme
  where, after carrying out the necessary examination,
  it concludes that:

| (a) | there is a serious deficiency in the management and control system of the programme which has put at risk the Community contribution already paid to the programme; |
| --- | --- |

(a)

there is a serious deficiency in the management and control system of the programme which has put at risk the Community contribution already paid to the programme;

| (b) | expenditure contained in a certified
  declaration
  of expenditure is irregular and has not been corrected by the Member State prior to the opening of the correction procedure under this paragraph; |
| --- | --- |

(b)

expenditure contained in a certified
  declaration
  of expenditure is irregular and has not been corrected by the Member State prior to the opening of the correction procedure under this paragraph;

| (c) | a Member State has not complied with its obligations under Article
  30
  prior to the opening of the correction procedure under this paragraph. |
| --- | --- |

(c)

a Member State has not complied with its obligations under Article
  30
  prior to the opening of the correction procedure under this paragraph.

The Commission shall decide after having taken into account any comments made by the Member State.

2.   The Commission shall base its financial corrections on individual cases of irregularity identified, taking account of the systemic nature of the irregularity to determine whether a flat-rate or extrapolated correction should be applied. Where the case of irregularity relates to a
  declaration
  of expenditure for which a positive assurance had previously been given in accordance with the Article 29(3)(b) in an annual report, there will be a presumption of a systemic problem giving rise to the application of a flat-rate or extrapolated correction, unless the Member State can provide proof within three months to rebut this presumption.

3.   The Commission shall, when deciding the amount of a correction, take account of the importance of the irregularity and the extent and financial implications of the deficiencies found in the annual programme concerned.

4.   Where the Commission bases its position on the facts established by auditors other than those of its own services, it shall draw its own conclusions regarding the financial consequences, after examining the measures taken by the Member State concerned under Article 31, the reports of notified irregularities and any replies from the Member State.

Article 46

Repayment

1.   Any repayment due to be made to the
  general budget of the European Communities
  shall be effected before the due date indicated in the order for recovery drawn up in accordance with Article 72 Council Regulation (EC, Euratom) No 1605/2002 (12). This due date shall be the last day of the second month following the issuing of the order.

2.   Any delay in effecting repayment shall give rise to interest on account of late payment, starting on the due date and ending on the date of actual payment. The rate of such interest shall be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union, in force on the first calendar day of the month in which the due date falls, increased by three and a half percentage points.

Article 47

Obligations of Member States

A financial correction by the Commission shall not prejudice the Member State's obligation to pursue recoveries under Article 45.

CHAPTER IX

MONITORING, EVALUATION AND REPORTS

Article 48

Monitoring and evaluation

1.   The Commission shall carry out regular monitoring on the Fund in cooperation with the Member States.

2.   The Fund shall be evaluated regularly by the Commission in partnership with the Member States to assess the relevance, effectiveness and impact of actions in the light of the general objective referred to in Article 2
  in the context of the preparation of the report set out in Article 49(3)
  .

3.   The Commission shall also look at the complementarity between the actions implemented under the Fund and those pursued under other relevant Community policies, instruments and initiatives.

Article 49

Reporting obligations

1.   In each Member State the responsible authority shall take the necessary measures to ensure project-monitoring and evaluation.

To that end, the agreements and contracts it concludes with the organisations responsible for the implementation of the actions shall include clauses laying down an obligation to submit regular and detailed reports on the state of progress of implementation and completion of the assigned objectives
  which shall be the basis for respectively the progress and final reports on the implementation of the annual programme
  .

2
  .   The Member States shall submit to the Commission:

| (a) | no later that 30 June 2010, an evaluation report on the implementation of actions co-financed by the Fund; |
| --- | --- |

(a)

no later that 30 June 2010, an evaluation report on the implementation of actions co-financed by the Fund;

| (b) | no later than 30 June 2012 (for the period 2007-2010) and 30 June 2015 (for the period 2011-2013) respectively, an evaluation report on the results and impact of actions co-financed by the Fund. |
| --- | --- |

(b)

no later than 30 June 2012 (for the period 2007-2010) and 30 June 2015 (for the period 2011-2013) respectively, an evaluation report on the results and impact of actions co-financed by the Fund.

3.
     The Commission shall submit to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions:

| (a) | no later than 30 June 2009, a report on
  and a review of
  the application of the criteria set out in Article 14 for the annual breakdown of resources between member States; together with proposals for amendments if deemed necessary; |
| --- | --- |

(a)

no later than 30 June 2009, a report on
  and a review of
  the application of the criteria set out in Article 14 for the annual breakdown of resources between member States; together with proposals for amendments if deemed necessary;

| (b) | no later than 31 December 2010, an intermediate report on the results achieved and on qualitative and quantitative aspects of implementation of the Fund, together with a proposal on the Fund's future development; |
| --- | --- |

(b)

no later than 31 December 2010, an intermediate report on the results achieved and on qualitative and quantitative aspects of implementation of the Fund, together with a proposal on the Fund's future development;

| (c) | no later than 31 December 2012 (for the period 2007-2010) and 31 December 2015 (for the period 2011-2013) respectively, an ex post evaluation report. |
| --- | --- |

(c)

no later than 31 December 2012 (for the period 2007-2010) and 31 December 2015 (for the period 2011-2013) respectively, an ex post evaluation report.

Article 50

Final report
  on the implementation of the annual programme

1.   The
  report
  shall include the following information in order to obtain a clear view of the implementation of the
  programme
  :

| (a) | the financial and operational implementation of the annual programme; |
| --- | --- |

(a)

the financial and operational implementation of the annual programme;

| (b) | the progress made in implementing the multiannual programme and its priorities in relation to their specific, verifiable targets, with a quantification, wherever and whenever they lend themselves to quantification, of the indicators; |
| --- | --- |

(b)

the progress made in implementing the multiannual programme and its priorities in relation to their specific, verifiable targets, with a quantification, wherever and whenever they lend themselves to quantification, of the indicators;

| (c) | the steps taken by the responsible authority to ensure the quality and effectiveness of implementation, in particular:






  — | monitoring and evaluation measures, including data collection arrangements; |
| --- | --- | --- |

(c)

the steps taken by the responsible authority to ensure the quality and effectiveness of implementation, in particular:

—

monitoring and evaluation measures, including data collection arrangements;

| — | a summary of any significant problems encountered in implementing the operational programme and any measures taken; |
| --- | --- |

—

a summary of any significant problems encountered in implementing the operational programme and any measures taken;

| — | the use made of technical assistance; |
| --- | --- |

—

the use made of technical assistance;

| (d) | the measures taken to provide information on and make public the annual and multiannual programmes. |
| --- | --- |

(d)

the measures taken to provide information on and make public the annual and multiannual programmes.

2.   The report shall be judged acceptable where
  it contains
  all the information listed in paragraph 1. The Commission shall reach a decision on the content of the report submitted by the
  responsible authority
  within two months
  of having received all the information referred to in paragraph 1, which shall be acknowledged to the Member States.
  If the Commission does not respond within the time-limit laid down, the report shall be deemed to be accepted.

CHAPTER X

TRANSITIONAL PROVISIONS

Article 50A

The preparation for the multi-annual programme

1.
     
  By way of derogation from Article 19, Member States shall

| (a) | as soon as possible after the entry into force of this Decision but no later than 1 March 2007, designate the national responsible authority referred to in Article 25, paragraph 1, point (a), as well as, where appropriate, the delegated authority; |
| --- | --- |

(a)

as soon as possible after the entry into force of this Decision but no later than 1 March 2007, designate the national responsible authority referred to in Article 25, paragraph 1, point (a), as well as, where appropriate, the delegated authority;

| (b) | no later than 1 May 2007, submit the description of the management and control systems referred to in Article 32, paragraph 2. |
| --- | --- |

(b)

no later than 1 May 2007, submit the description of the management and control systems referred to in Article 32, paragraph 2.

2.
     
  By 31 May 2007, the Commission shall provide Member States with

| (a) | an estimate of the amounts allocated to them for the financial year 2007; |
| --- | --- |

(a)

an estimate of the amounts allocated to them for the financial year 2007;

| (b) | estimates of the amounts to be allocated to them for the financial years 2008-2013, on the basis of an extrapolation of the calculation for the estimate for the financial year 2007, bearing in mind the proposed annual appropriations for the years 2007-2013 as set out by the financial perspectives. |
| --- | --- |

(b)

estimates of the amounts to be allocated to them for the financial years 2008-2013, on the basis of an extrapolation of the calculation for the estimate for the financial year 2007, bearing in mind the proposed annual appropriations for the years 2007-2013 as set out by the financial perspectives.

Article 50B

The preparation for the 2007 annual programme

1.
     
  By way of derogation from Article 21, the following time table shall apply for implementation in the financial year 2007:

| (a) | By 31 May 2007, the Commission shall provide Member States with an estimate of the amounts allocated to them for the financial year 2007; |
| --- | --- |

(a)

By 31 May 2007, the Commission shall provide Member States with an estimate of the amounts allocated to them for the financial year 2007;

| (b) | By 1 September 2007, Member States shall present the draft annual programme to the Commission. |
| --- | --- |

(b)

By 1 September 2007, Member States shall present the draft annual programme to the Commission.

2.
     
  Expenditure actually disbursed between 1 January 2007 and the date on which the financing decision approving the annual programme of the Member State in question is adopted, may qualify for support from the Fund.

3.
     
  To allow for the adoption in 2008 of financing decisions, approving the annual programme for 2007, the Commission shall make the Community budgetary commitment for 2007 on the basis of the estimate of the amount to be allocated to the Member States, calculated as provided by Article 14.

CHAPTER XI

FINAL PROVISIONS

Article 51

Committee

1.   The Commission shall be assisted by the common Committee ‘Solidarity and Management of Migration Flows’, established by the Decision establishing the External Borders Fund for the period 2007-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ .../... (13) (the ‘Committee’).

2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.

3.   The Committee shall adopt its Rules of Procedure.

Article 52

Review

The Council shall review this Decision on the basis of a proposal from the Commission by 30 June 2013 at the latest.

Article 53

Entry into force

This Decision shall apply from 1 January 2007.

Article 54

Addressees

This Decision is addressed to the Member States.

---

(1)  OJ C ...

1

(2)  OJ C ...

2

(3)  OJ L 248,16.9.2002, p. 1.

3

(4)  OJ C 139, 14.6.2006, p. 1.

4

(5)  OJ L 200, 22.7.2006, p. 11.

5

(6)  OJ C ...

6

(7)  OJ C ...

7

(8)  OJ L 375, 23.12.2004, p. 12.

8

(9)  OJ L 289, 3.11.2005, p. 15.

9

(10)  OJ L 16, 23.1.2004, p. 44.

10

(11)  References will be inserted to decisions establishing the ERF, the External Borders Fund and the Return Fund.

11

(12)  OJ L 248, 16.9.2002.

12

(13)  References will be inserted to decisions establishing the ERF, the External Borders Fund and the Return Fund.

13

P6_TA(2006)0584

Prevention, Preparedness and Consequence Management of Terrorism (Programme on Security and Safeguarding Liberties) *

European Parliament legislative resolution on the proposal for a Council decision establishing the specific programme ‘Prevention, Preparedness and Consequence Management of Terrorism’ for the period 2007-2013 — General Programme ‘Security and Safeguarding Liberties’ (COM(2005)0124 — C6-0241/2005 — 2005/0034(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2005)0124) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2005)0124) (1),

| — | having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0241/2005), |
| --- | --- |

—

having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0241/2005),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Budgets (A6-0390/2006); |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Budgets (A6-0390/2006);

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Considers that the indicative financial reference amount indicated in the legislative proposal must be compatible with the ceiling of heading 3 A of the new multi-annual Financial Framework and points out that the annual amount will be decided within the annual budgetary procedure in accordance with the provisions of point 38 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management of 17 May 2006 (2); |
| --- | --- |

2.

Considers that the indicative financial reference amount indicated in the legislative proposal must be compatible with the ceiling of heading 3 A of the new multi-annual Financial Framework and points out that the annual amount will be decided within the annual budgetary procedure in accordance with the provisions of point 38 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management of 17 May 2006 (2);

| 3. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
| --- | --- |

3.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

| 4. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

4.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 5. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

5.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

| 6. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

6.

Instructs its President to forward its position to the Council and Commission.

| (1) | Prevention
  , preparedness and consequence management of terrorism
  are essential aspects of the objective of maintaining and developing the Union as an area of freedom, security and justice as provided for in Article 2, fourth indent, of the Treaty on European Union. |
| --- | --- |

(1)

Prevention
  , preparedness and consequence management of terrorism
  are essential aspects of the objective of maintaining and developing the Union as an area of freedom, security and justice as provided for in Article 2, fourth indent, of the Treaty on European Union.

| (1) | Prevention
  of the risks relating to security, in particular to terrorism, and management of their consequences,
  are essential aspects of the objective of maintaining and developing the Union as an area of freedom, security and justice as provided for in Article 2, fourth indent, of the Treaty on European Union. |
| --- | --- |

(1)

Prevention
  of the risks relating to security, in particular to terrorism, and management of their consequences,
  are essential aspects of the objective of maintaining and developing the Union as an area of freedom, security and justice as provided for in Article 2, fourth indent, of the Treaty on European Union.

| (2) | The Community must take the necessary measures to prevent
  terrorists
  from attacking the values of democracy, the rule of law, open society
  and the freedom of our citizens and societies, and
  to limit the consequences of
  any attack
  wherever possible. |
| --- | --- |

(2)

The Community must take the necessary measures to prevent
  terrorists
  from attacking the values of democracy, the rule of law, open society
  and the freedom of our citizens and societies, and
  to limit the consequences of
  any attack
  wherever possible.

| (2) | The Community must take the necessary measures to prevent
  natural or man-made disasters (including terrorism), in the case of the former, from impairing the well-being, freedom and security of citizens and societies and, in the case of the latter,
  from attacking the
  very
  values of democracy, the rule of law
  and
  open society,
  as well as
  to limit the consequences of
  such disasters
  wherever possible. |
| --- | --- |

(2)

The Community must take the necessary measures to prevent
  natural or man-made disasters (including terrorism), in the case of the former, from impairing the well-being, freedom and security of citizens and societies and, in the case of the latter,
  from attacking the
  very
  values of democracy, the rule of law
  and
  open society,
  as well as
  to limit the consequences of
  such disasters
  wherever possible.

| (6) | The Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions, established by Council Decision 2001/792/EC, Euratom of 23 October 2001, addresses immediate response to all major emergencies, but has not been designed specifically for prevention, preparedness and consequence management of terrorist attacks. |
| --- | --- |

(6)

The Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions, established by Council Decision 2001/792/EC, Euratom of 23 October 2001, addresses immediate response to all major emergencies, but has not been designed specifically for prevention, preparedness and consequence management of terrorist attacks.

deleted

| (7) | In the interest of efficacy, cost-efficiency and transparency, the specific efforts on prevention
  , preparedness and consequence management of
  terrorism should be streamlined and financed by one single programme. |
| --- | --- |

(7)

In the interest of efficacy, cost-efficiency and transparency, the specific efforts on prevention
  , preparedness and consequence management of
  terrorism should be streamlined and financed by one single programme.

| (7) | In the interest of efficacy, cost-efficiency and transparency, the specific efforts on prevention
  of the risks relating to security, in particular to
  terrorism
  , and management of their consequences,
  should be streamlined and financed by one single programme. |
| --- | --- |

(7)

In the interest of efficacy, cost-efficiency and transparency, the specific efforts on prevention
  of the risks relating to security, in particular to
  terrorism
  , and management of their consequences,
  should be streamlined and financed by one single programme.

| (8) | With regard to legal certainty and coherence, and to the complementarity with other financial programmes, the terms ‘prevention
  and preparedness
  measures’, ‘
  crisis and
  consequence management’ and ‘critical infrastructure’ should be defined. |
| --- | --- |

(8)

With regard to legal certainty and coherence, and to the complementarity with other financial programmes, the terms ‘prevention
  and preparedness
  measures’, ‘
  crisis and
  consequence management’ and ‘critical infrastructure’ should be defined.

| (8) | With regard to legal certainty and coherence, and to the complementarity with other financial programmes, the terms ‘prevention measures’, ‘consequence management’ and ‘critical infrastructure’ should be defined. |
| --- | --- |

(8)

With regard to legal certainty and coherence, and to the complementarity with other financial programmes, the terms ‘prevention measures’, ‘consequence management’ and ‘critical infrastructure’ should be defined.

| (9) | Commission actions
  , together with
  transnational projects
  where appropriate,
  are essential to achieve an integrated and coordinated
  EU
  approach. In addition, it is useful and appropriate to support projects within Member States to the extent that they can provide useful experience and knowledge
  for
  further actions at Community level, in particular inspections and risk and threat assessments. |
| --- | --- |

(9)

Commission actions
  , together with
  transnational projects
  where appropriate,
  are essential to achieve an integrated and coordinated
  EU
  approach. In addition, it is useful and appropriate to support projects within Member States to the extent that they can provide useful experience and knowledge
  for
  further actions at Community level, in particular inspections and risk and threat assessments.

| (9) | Commission actions
  and
  transnational projects are essential
  to identify and assess without delay the threats to individuals and critical European infrastructure and
  to achieve
  an early warning system between the Commission and the Member States and
  an integrated and coordinated approach
  to responses at EU level
  . In addition, it is useful and appropriate to support projects within Member States to the extent that they can provide useful experience and knowledge
  applicable to
  further actions at Community level, in particular inspections and risk and threat assessments. |
| --- | --- |

(9)

Commission actions
  and
  transnational projects are essential
  to identify and assess without delay the threats to individuals and critical European infrastructure and
  to achieve
  an early warning system between the Commission and the Member States and
  an integrated and coordinated approach
  to responses at EU level
  . In addition, it is useful and appropriate to support projects within Member States to the extent that they can provide useful experience and knowledge
  applicable to
  further actions at Community level, in particular inspections and risk and threat assessments.

| (10) | It is also appropriate to provide for third countries and international organisations to participate in transnational projects. |
| --- | --- |

(10)

It is also appropriate to provide for third countries and international organisations to participate in transnational projects.

| (10) | Given that terrorism has no borders,
  it is also appropriate to provide for third countries and international organisations to participate in transnational projects |
| --- | --- |

(10)

Given that terrorism has no borders,
  it is also appropriate to provide for third countries and international organisations to participate in transnational projects

| (11) | Complementarity needs to be ensured with other Community and Union programmes such as the EU Solidarity Fund and the Response and Preparedness Instrument for major emergencies, the Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions, the Research & Development Framework Programme and the structural funds. |
| --- | --- |

(11)

Complementarity needs to be ensured with other Community and Union programmes such as the EU Solidarity Fund and the Response and Preparedness Instrument for major emergencies, the Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions, the Research & Development Framework Programme and the structural funds.

| (11) | Complementarity needs to be ensured with other Community and Union programmes such as the EU Solidarity Fund and the Response and Preparedness Instrument for major emergencies, the Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions, the Research & Development Framework Programme and the structural funds.
  Joint funding should also be expressly authorised with Commission programmes which allow specific studies to be carried out on the security of individuals and of critical infrastructure, in particular in the fields of transport and energy, with the aim of eventually bringing all funding resources together in a single instrument serving a clearly established global strategy. |
| --- | --- |

(11)

Complementarity needs to be ensured with other Community and Union programmes such as the EU Solidarity Fund and the Response and Preparedness Instrument for major emergencies, the Community mechanism to facilitate reinforced cooperation in civil protection assistance interventions, the Research & Development Framework Programme and the structural funds.
  Joint funding should also be expressly authorised with Commission programmes which allow specific studies to be carried out on the security of individuals and of critical infrastructure, in particular in the fields of transport and energy, with the aim of eventually bringing all funding resources together in a single instrument serving a clearly established global strategy.

| (12) | Since the objectives of this programme cannot be sufficiently achieved by the Member States and
  can
  therefore, by reason of the scale or impact of the initiative,
  be better achieved
  at the Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty establishing the European Community. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary to achieve those objectives. |
| --- | --- |

(12)

Since the objectives of this programme cannot be sufficiently achieved by the Member States and
  can
  therefore, by reason of the scale or impact of the initiative,
  be better achieved
  at the Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty establishing the European Community. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary to achieve those objectives.

| (12) | Since the objectives of this programme cannot be sufficiently achieved by the Member States and
  may
  therefore, by reason of the scale or impact of the initiative,
  require in this case an intervention
  at the Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty establishing the European Community. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary to achieve those objectives. |
| --- | --- |

(12)

Since the objectives of this programme cannot be sufficiently achieved by the Member States and
  may
  therefore, by reason of the scale or impact of the initiative,
  require in this case an intervention
  at the Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty establishing the European Community. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary to achieve those objectives.

| (16) | In accordance with Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission, measures for the implementation of this Decision should be adopted by use of the
  advisory
  procedure provided for in
  Article 3
  of that Decision.
  This is appropriate since the programme does not have a significant impact on the Community budget
  . |
| --- | --- |

(16)

In accordance with Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission, measures for the implementation of this Decision should be adopted by use of the
  advisory
  procedure provided for in
  Article 3
  of that Decision.
  This is appropriate since the programme does not have a significant impact on the Community budget
  .

| (16) | In accordance with Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission, measures for the implementation of this Decision should be adopted by use of the
  regulatory
  procedure provided for in
  Article 5
  of that Decision. |
| --- | --- |

(16)

In accordance with Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission, measures for the implementation of this Decision should be adopted by use of the
  regulatory
  procedure provided for in
  Article 5
  of that Decision.

This decision establishes for the period from 1 January 2007 to 31 December 2013 the specific programme ‘Prevention,
  Preparedness and Consequence Management of
  Terrorism’, hereinafter referred to as ‘the programme’, as part of the general programme ‘Security and safeguarding liberties’ in order to contribute to the strengthening of the area of Freedom, Security and Justice.

This decision establishes for the period from 1 January 2007 to 31 December 2013 the specific programme ‘Prevention
  of the Risks relating to Security, in particular to
  Terrorism
  , and Management of their Consequences
  ’, hereinafter referred to as ‘the programme’, as part of the general programme ‘Security and safeguarding liberties’ in order to contribute to the strengthening of the area of Freedom, Security and Justice.

| (a) | ‘prevention
  and preparedness
  ’ refers to measures aiming to prevent and/or reduce the risk of
  a terrorist attack and/or its consequences
  , particularly through risk and threat assessments, inspections and development of common standards on technology and methodology; |
| --- | --- |

(a)

‘prevention
  and preparedness
  ’ refers to measures aiming to prevent and/or reduce the risk of
  a terrorist attack and/or its consequences
  , particularly through risk and threat assessments, inspections and development of common standards on technology and methodology;

| (a) | ‘prevention’ refers to measures aiming to prevent and/or reduce the risk of
  terrorist attacks and other security risks and to identify threats to individuals and critical infrastructure
  , particularly through risk and threat assessments, inspections and development of common standards on technology and methodology; |
| --- | --- |

(a)

‘prevention’ refers to measures aiming to prevent and/or reduce the risk of
  terrorist attacks and other security risks and to identify threats to individuals and critical infrastructure
  , particularly through risk and threat assessments, inspections and development of common standards on technology and methodology;

| (b) | ‘consequence management’ refers to measures
  limiting the mid-term consequences of terrorist attacks which are
  necessary to safeguard the European Union as an area of Freedom, Security and Justice; |
| --- | --- |

(b)

‘consequence management’ refers to measures
  limiting the mid-term consequences of terrorist attacks which are
  necessary to safeguard the European Union as an area of Freedom, Security and Justice;

| (b) | ‘consequence management’ refers to
  the coordination of
  measures
  , limited to the actions eligible pursuant to Article 5(2), in order to respond to security incidents, particularly terrorism, and to limit their consequences, these measures being
  necessary to safeguard the European Union as an area of Freedom, Security and Justice
  , in particular through the establishment of a centralised early warning system and effective coordination at Community level of responses to such situations
  ; |
| --- | --- |

(b)

‘consequence management’ refers to
  the coordination of
  measures
  , limited to the actions eligible pursuant to Article 5(2), in order to respond to security incidents, particularly terrorism, and to limit their consequences, these measures being
  necessary to safeguard the European Union as an area of Freedom, Security and Justice
  , in particular through the establishment of a centralised early warning system and effective coordination at Community level of responses to such situations
  ;

| (c) | ‘critical infrastructure’ refers to physical resources, services, communication facilities, networks and/or assets the disruption or destruction of which would have a serious impact on the health, safety, security or economic well-being of citizens or
  of
  the effective functioning of the European Union or its Member States' governments. |
| --- | --- |

(c)

‘critical infrastructure’ refers to physical resources, services, communication facilities, networks and/or assets the disruption or destruction of which would have a serious impact on the health, safety, security or economic well-being of citizens or
  of
  the effective functioning of the European Union or its Member States' governments.

| (c) | ‘critical infrastructure’ refers to physical resources, services, communication facilities, networks and/or assets the disruption or destruction of which would have a serious impact on the health, safety, security or economic well-being of citizens
  , on the environment
  or
  on
  the effective functioning of the European Union or its Member States' governments
  , a non-exhaustive list of which appears in the annex to this decision
  . |
| --- | --- |

(c)

‘critical infrastructure’ refers to physical resources, services, communication facilities, networks and/or assets the disruption or destruction of which would have a serious impact on the health, safety, security or economic well-being of citizens
  , on the environment
  or
  on
  the effective functioning of the European Union or its Member States' governments
  , a non-exhaustive list of which appears in the annex to this decision
  .

1.   This programme shall contribute to protect citizens, their liberties and society against terrorist attacks and related incidents, and to safeguard the European Union as an area of Freedom, Security and Justice.

1.   This programme shall contribute to protect citizens, their liberties and society against terrorist attacks and
  other security risks, irrespective of their cause or origin, as well as
  related incidents, and to safeguard the European Union as an area of Freedom, Security and Justice.

2.   The general objectives of the programme contribute to the development of other Union and Community policies such as police and judicial cooperation in criminal matters, protection of the environment, public health, transport, research and technological development and economic and social cohesion.

2.   The general objectives of the programme contribute to the development of
  a comprehensive concept of security based, in particular, on
  other Union and Community policies such as police and judicial cooperation in criminal matters, protection of the environment,
  energy supply, security of communication and information networks,
  public health, transport, research and technological development
  , continuity of public action
  and economic and social cohesion.

1.   Within the general objectives, and unless covered by other specific legal instruments, the programme shall stimulate, promote and develop measures on prevention
  , preparedness
  and
  consequence
  management.

1.   Within the general objectives, and unless covered by other specific legal instruments, the programme shall stimulate, promote and develop measures on prevention
  of risks relating to security, in particular terrorism,
  and management
  of their consequences
  .

2.   With regard to prevention
  and preparedness to
  terrorist attacks, the programme aims at

2.   With regard to prevention
  of
  terrorist attacks, the programme aims at

| (a) | stimulating, promoting, and supporting risk and threat assessments on critical infrastructure,
  including
  evaluations on site, to identify possible targets
  of terrorist attacks
  and possible needs for upgrading their security, |
| --- | --- |

(a)

stimulating, promoting, and supporting risk and threat assessments on critical infrastructure,
  including
  evaluations on site, to identify possible targets
  of terrorist attacks
  and possible needs for upgrading their security,

| (a) | stimulating, promoting, and supporting risk and threat assessments on
  individuals and
  critical infrastructure,
  in particular by means of
  evaluations on site, to identify possible targets and possible needs for upgrading their security, |
| --- | --- |

(a)

stimulating, promoting, and supporting risk and threat assessments on
  individuals and
  critical infrastructure,
  in particular by means of
  evaluations on site, to identify possible targets and possible needs for upgrading their security,

3.   With regard to
  consequence management in case of
  terrorist attacks, the programme aims at

3.   With regard to
  the management of consequences, particularly those of
  terrorist attacks, the programme aims at

| (a) | stimulating, promoting and supporting exchange of know-how, experience and technology on the potential consequences of terrorist attacks, |
| --- | --- |

(a)

stimulating, promoting and supporting exchange of know-how, experience and technology on the potential consequences of terrorist attacks,

| (a) | stimulating, promoting and supporting exchange of know-how, experience and technology on the potential consequences of terrorist attacks
  and other security risks
  , |
| --- | --- |

(a)

stimulating, promoting and supporting exchange of know-how, experience and technology on the potential consequences of terrorist attacks
  and other security risks
  ,

| (c) | ensuring real-time input of specific expertise on terrorism
  matters
  within overall crisis management, rapid alert and civil protection mechanisms. |
| --- | --- |

(c)

ensuring real-time input of specific expertise on terrorism
  matters
  within overall crisis management, rapid alert and civil protection mechanisms.

| (c) | ensuring real-time input of specific expertise on
  matters including
  terrorism within overall crisis management, rapid alert and civil protection mechanisms. |
| --- | --- |

(c)

ensuring real-time input of specific expertise on
  matters including
  terrorism within overall crisis management, rapid alert and civil protection mechanisms.

| — | contribute otherwise considerably to protecting the Union and its citizens from terrorist attacks. |
| --- | --- |

—

contribute otherwise considerably to protecting the Union and its citizens from terrorist attacks.

| — | contribute otherwise considerably to protecting the Union and its citizens from terrorist attacks
  and other security risks; measures undertaken in partnership with the Member States concerned, relating to critical national infrastructure, so as to eliminate or reduce the risks of exploitation of their security shortcomings, particularly if these could have serious cross-border repercussions, shall therefore be eligible
  . |
| --- | --- |

—

contribute otherwise considerably to protecting the Union and its citizens from terrorist attacks
  and other security risks; measures undertaken in partnership with the Member States concerned, relating to critical national infrastructure, so as to eliminate or reduce the risks of exploitation of their security shortcomings, particularly if these could have serious cross-border repercussions, shall therefore be eligible
  .

2a.
     
  Member States shall remain responsible for the adoption, implementation and financing of operational security measures identified by this programme as being necessary for the improvement of general security in the European Union.

2a.
     
  Access to funding shall be facilitated by the application of the principle of proportionality as regards the documents to be supplied and by the creation of a database for the submission of applications.

Article 7a

Acknowledgement of funding

All institutions, associations or networks in receipt of a grant under this programme have the obligation to acknowledge the support granted by the European Union. To this end the Commission shall lay down detailed visibility guidelines.

| (-a) | priority to be given to prevention of terrorist attacks, in the absence of major disasters; |
| --- | --- |

(-a)

4a.
     
  The Commission shall, as far as possible, simplify procedures and ensure that calls for proposals provided for in this programme do not entail a bureaucratic burden for promoters of the projects proposed. Calls for proposals may be organised in two stages, the first of which would only require information that was strictly necessary for a proper assessment of the project to be sent.

2.   Where reference is made to this paragraph,
  Articles 3
  and 7 of Decision 1999/468/EC shall apply.

2.   Where reference is made to this paragraph,
  Articles 5
  and 7 of Decision 1999/468/EC shall apply.

1.   Synergies, consistency and complementarity will be sought with other Union and Community instruments, inter alia with the programmes Prevention of and Fight against Crime and Criminal Justice as well as with the Framework Programmes on Research ad technological Development, the European Union Solidarity Fund and the Response and Preparedness Instrument for major emergencies.

1.   Synergies, consistency and complementarity will be sought with other Union and Community instruments, inter alia with the programmes Prevention of and Fight against Crime and Criminal Justice as well as with the Framework Programmes on Research ad technological Development, the European Union Solidarity Fund and the Response and Preparedness Instrument for major emergencies.
  The Commission shall ensure that the actions undertaken under these programmes do not overlap.

2.   The programme may share resources with other Community and Union instruments, in particular the programme ‘Prevention of and Fight against Crime’, in order to implement actions meeting the objectives of both the programme and other Community/Union instruments.

2.   The programme may share resources with other Community and Union instruments, in particular the programme ‘Prevention of and Fight against Crime’, in order to implement actions meeting the objectives of both the programme and other Community/Union instruments
  and with Commission programmes allowing specific studies relating to critical infrastructure security to be carried out, such as those already in progress in the fields of transport and energy.

2a
  .   
  The Commission shall ensure that the actions covered by this Decision are complementary to those covered by the programmes mentioned in paragraph 1 and that they do not overlap.

3a.
     
  Should the programme's resources prove insufficient for the implementation of measures already in progress, the Community shall guarantee access to other compatible funds.

The Commission shall ensure that the actions covered by this Decision are subject to prior evaluation, monitoring and ex post evaluation.

2a.
     
  The Commission shall inform the European Parliament and the Council annually, at the same time as it submits the Preliminary Draft Budget, on the implementation of the programme, in particular the use of the resources available
  .

3.   The Commission shall submit to the European Parliament and the Council:

| (a) | an
  interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of this programme no later than 31 March 2010; |
| --- | --- |

(a)

an
  interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of this programme no later than 31 March 2010;

| (b) | a Communication on the continuation of this programme no later than 31 December 2010; |
| --- | --- |

(b)

a Communication on the continuation of this programme no later than 31 December 2010;

| (c) | an ex post evaluation report no later than 31 March 2015. |
| --- | --- |

(c)

an ex post evaluation report no later than 31 March 2015.

3.   The Commission shall submit to the European Parliament and the Council:

| (-a) | a succinct yearly report, including, in particular, information making it possible to measure the programme's success in quantitative terms. |
| --- | --- |

(-a)

a succinct yearly report, including, in particular, information making it possible to measure the programme's success in quantitative terms.

| (a) | a detailed
  interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of this programme no later than 31 March 2010; |
| --- | --- |

(a)

a detailed
  interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of this programme no later than 31 March 2010;

| (b) | a Communication on the continuation of this programme,
  especially regarding its objectives,
  no later than 31 December 2010; |
| --- | --- |

(b)

a Communication on the continuation of this programme,
  especially regarding its objectives,
  no later than 31 December 2010;

| (c) | an ex post evaluation report,
  presenting the results achieved by the programme, including a budgetary evaluation, on completion of its implementation but
  no later than 31 March 2015. |
| --- | --- |

(c)

an ex post evaluation report,
  presenting the results achieved by the programme, including a budgetary evaluation, on completion of its implementation but
  no later than 31 March 2015.

Article 14a

Publication of projects

Each year, the Commission, together with the Member States, shall publish a list of the projects financed under this programme with a short description of each project.

Article 14b

Equal treatment

Organisations in receipt of an operating grant by virtue of this programme may take part in calls for proposals for other programmes, without however being entitled to preferential treatment vis-à-vis other organisations financed from budgets other than that of the European Union.

| 1) | Energy










  a. | Oil and gas production, refining, treatment and storage, including pipelines |
| --- | --- | --- |

1)

Energy

a.

Oil and gas production, refining, treatment and storage, including pipelines

| b. | Electricity generation |
| --- | --- |

b.

Electricity generation

| c. | Transmission of electricity, gas and oil |
| --- | --- |

c.

Transmission of electricity, gas and oil

| d. | Distribution of electricity, gas and oil |
| --- | --- |

d.

Distribution of electricity, gas and oil

| 2) | Information, Communication Technologies, ICT










  a. | Information system and network protection |
| --- | --- | --- |

2)

Information, Communication Technologies, ICT

a.

Information system and network protection

| b. | Instrumentation automation and control systems (SCADA etc.) |
| --- | --- |

b.

Instrumentation automation and control systems (SCADA etc.)

| c. | Internet |
| --- | --- |

c.

Internet

| d. | Provision of fixed telecommunications |
| --- | --- |

d.

Provision of fixed telecommunications

| e. | Provision of mobile telecommunications |
| --- | --- |

e.

Provision of mobile telecommunications

| f. | Radio communication and navigation |
| --- | --- |

f.

Radio communication and navigation

| g. | Satellite communication |
| --- | --- |

g.

Satellite communication

| h. | Broadcasting |
| --- | --- |

h.

Broadcasting

| 3) | Water










  a. | Provision of drinking water |
| --- | --- | --- |

3)

Water

a.

Provision of drinking water

| b. | Control of water quality |
| --- | --- |

b.

Control of water quality

| c. | Stemming and control of water quantity |
| --- | --- |

c.

Stemming and control of water quantity

| 4) | Food



  Provision of food and safeguarding food safety and security |
| --- | --- |

4)

Food

| 5) | Health










  a. | Medical and hospital care |
| --- | --- | --- |

5)

Health

a.

Medical and hospital care

| b. | Medicines, serums, vaccines and pharmaceuticals |
| --- | --- |

b.

Medicines, serums, vaccines and pharmaceuticals

| c. | Bio-laboratories and bio-agents |
| --- | --- |

c.

Bio-laboratories and bio-agents

| 6) | Financial










  a. | Payment services/payment structures (private) |
| --- | --- | --- |

6)

Financial

a.

Payment services/payment structures (private)

| b. | Government financial assignment |
| --- | --- |

b.

Government financial assignment

| 7) | Public & Legal Order and Safety










  a. | Maintaining public & legal order, safety and security |
| --- | --- | --- |

7)

Public & Legal Order and Safety

a.

Maintaining public & legal order, safety and security

| b. | Administration of justice and detention |
| --- | --- |

b.

Administration of justice and detention

| 8) | Civil administration










  a. | Government functions |
| --- | --- | --- |

8)

Civil administration

a.

Government functions

| b. | Armed forces |
| --- | --- |

b.

Armed forces

| c. | Civil administration services |
| --- | --- |

c.

Civil administration services

| d. | Emergency services |
| --- | --- |

d.

Emergency services

| e. | Exposal and courier services |
| --- | --- |

e.

Exposal and courier services

| 9) | Transport










  a. | Road transport |
| --- | --- | --- |

9)

Transport

a.

Road transport

| b. | Rail transport |
| --- | --- |

b.

Rail transport

| c. | Air traffic |
| --- | --- |

c.

Air traffic

| d. | Inland waterways transport |
| --- | --- |

d.

Inland waterways transport

| e. | Ocean and short-sea shipping |
| --- | --- |

e.

Ocean and short-sea shipping

| 10) | Chemical and nuclear industry










  a. | Production and storage/processing of chemical and nuclear substances |
| --- | --- | --- |

10)

Chemical and nuclear industry

a.

Production and storage/processing of chemical and nuclear substances

| b. | Pipelines of dangerous goods (chemical substances) |
| --- | --- |

b.

Pipelines of dangerous goods (chemical substances)

| 11) | Space and Research










  a. | Space |
| --- | --- | --- |

11)

Space and Research

a.

Space

| b. | Research |
| --- | --- |

b.

Research

---

(1)  Not yet published in OJ.

(2)  OJ C 139, 14.6.2006, p. 1.

P6_TA(2006)0585

Numerical strength of the committees

Decision on the numerical strength of the committees

The European Parliament,

| — | having regard to Rule 174 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 174 of its Rules of Procedure,

| — | having regard to its decision of 21 July 2004 on the numerical strength of the committees (1); |
| --- | --- |

—

having regard to its decision of 21 July 2004 on the numerical strength of the committees (1);

| 1. | Decides that, as from 8 January 2007, the numerical strength of the committees shall be as follows:
  C01 — Committee on Foreign Affairs: 86 members
  C02 — Committee on Development: 36 members
  C03 — Committee on International Trade: 33 members
  C04 — Committee on Budgets: 50 members
  C05 — Committee on Budgetary Control: 40 members
  C06 — Committee on Economic and Monetary Affairs: 51 members
  C07 — Committee on Employment and Social Affairs: 52 members
  C08 — Committee on the Environment, Public Health and Food Safety: 68 members
  C09 — Committee on Industry, Research and Energy: 54 members
  C10 — Committee on the Internal Market and Consumer Protection: 44 members
  C11 — Committee on Transport and Tourism: 51 members
  C12 — Committee on Regional Development: 57 members
  C13 — Committee on Agriculture and Rural Development: 47 members
  C14 — Committee on Fisheries: 40 members
  C15 — Committee on Culture and Education: 38 members
  C16 — Committee on Legal Affairs: 28 members
  C17 — Committee on Civil Liberties, Justice and Home Affairs: 60 members
  C18 — Committee on Constitutional Affairs: 29 members
  C19 — Committee on Women's Rights and Gender Equality: 40 members
  C20 — Committee on Petitions: 40 members; |
| --- | --- |

1.

Decides that, as from 8 January 2007, the numerical strength of the committees shall be as follows:

C01 — Committee on Foreign Affairs: 86 members

C02 — Committee on Development: 36 members

C03 — Committee on International Trade: 33 members

C04 — Committee on Budgets: 50 members

C05 — Committee on Budgetary Control: 40 members

C06 — Committee on Economic and Monetary Affairs: 51 members

C07 — Committee on Employment and Social Affairs: 52 members

C08 — Committee on the Environment, Public Health and Food Safety: 68 members

C09 — Committee on Industry, Research and Energy: 54 members

C10 — Committee on the Internal Market and Consumer Protection: 44 members

C11 — Committee on Transport and Tourism: 51 members

C12 — Committee on Regional Development: 57 members

C13 — Committee on Agriculture and Rural Development: 47 members

C14 — Committee on Fisheries: 40 members

C15 — Committee on Culture and Education: 38 members

C16 — Committee on Legal Affairs: 28 members

C17 — Committee on Civil Liberties, Justice and Home Affairs: 60 members

C18 — Committee on Constitutional Affairs: 29 members

C19 — Committee on Women's Rights and Gender Equality: 40 members

C20 — Committee on Petitions: 40 members;

| 2. | Decides that, as from 8 January 2007, the numerical strength of the subcommittees shall be as follows:
  SC01A — Subcommittee on Human Rights: 36 members
  SC01B — Subcommittee on Security and Defence: 36 members. |
| --- | --- |

2.

Decides that, as from 8 January 2007, the numerical strength of the subcommittees shall be as follows:

SC01A — Subcommittee on Human Rights: 36 members

SC01B — Subcommittee on Security and Defence: 36 members.

---

(1)  OJ C 103 E, 28.4.2005, p. 30.

P6_TA(2006)0586

European Institute for Gender Equality ***II

European Parliament legislative resolution on the Council common position for adopting a regulation of the European Parliament and of the Council establishing a European Institute for Gender Equality (10351/1/2006 — C6-0314/2006 — 2005/0017(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (10351/1/2006 — C6-0314/2006) (1), |
| --- | --- |

—

having regard to the Council common position (10351/1/2006 — C6-0314/2006) (1),

| — | having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2005)0081) (3), |
| --- | --- |

—

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2005)0081) (3),

| — | having regard to the amended Commission proposal (COM(2006)0209) (4), |
| --- | --- |

—

having regard to the amended Commission proposal (COM(2006)0209) (4),

| — | 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 Women's Rights and Gender Equality (A6-0455/2006); |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Women's Rights and Gender Equality (A6-0455/2006);

| 1. | Approves the common position as amended; confirms the joint statement of the Parliament, the Council and the Commission thereon, as annexed hereto; |
| --- | --- |

1.

Approves the common position as amended; confirms the joint statement of the Parliament, the Council and the Commission thereon, as annexed hereto;

| 2. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  OJ C 295 E, 5.12.2006, p. 57.

(2)  Texts adopted, 14.3.2006, P6_TA(2006)0074.

(3)  Not yet published in the OJ.

(4)  Not yet published in the OJ.

P6_TC2-COD(2005)0017

Position of the European Parliament adopted at second reading on 14 December 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council on establishing a European Institute for Gender Equality

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 13(2) and 141(3) thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

| (1) | Equality between men and women is a fundamental principle of the European Union. Articles 21 and 23 of the Charter of Fundamental Rights of the European Union set out a prohibition on any discrimination on grounds of sex and provide that equality between men and women must be ensured in all areas. |
| --- | --- |

(1)

Equality between men and women is a fundamental principle of the European Union. Articles 21 and 23 of the Charter of Fundamental Rights of the European Union set out a prohibition on any discrimination on grounds of sex and provide that equality between men and women must be ensured in all areas.

| (2) | Article 2 of the Treaty provides that equality between men and women is one of the Community's essential tasks. Similarly, Article 3(2) of the Treaty requires the Community to aim to eliminate inequalities and to promote equality between men and women in all its activities and thus ensure the integration of the dimension of equality between men and women in all Community policies. |
| --- | --- |

(2)

Article 2 of the Treaty provides that equality between men and women is one of the Community's essential tasks. Similarly, Article 3(2) of the Treaty requires the Community to aim to eliminate inequalities and to promote equality between men and women in all its activities and thus ensure the integration of the dimension of equality between men and women in all Community policies.

| (3) | Article 13 of the Treaty empowers the Council to take appropriate action to combat discrimination inter alia on grounds of sex in all areas of Community competence. |
| --- | --- |

(3)

Article 13 of the Treaty empowers the Council to take appropriate action to combat discrimination inter alia on grounds of sex in all areas of Community competence.

| (4) | The principle of equal opportunities and equal treatment of men and women in matters of employment and occupation is enshrined in Article 141 of the Treaty and a comprehensive body of legislation on equal treatment of men and women in relation to access to employment and working conditions including equal pay is already in place. |
| --- | --- |

(4)

The principle of equal opportunities and equal treatment of men and women in matters of employment and occupation is enshrined in Article 141 of the Treaty and a comprehensive body of legislation on equal treatment of men and women in relation to access to employment and working conditions including equal pay is already in place.

| (5) | The Commission's first annual report on equality between men and women to the Spring European Council in 2004 concluded that significant gender gaps exist in most policy fields, that inequality between men and women is a multi-dimensional phenomenon that has to be tackled by a comprehensive mix of policy measures and that enhanced efforts are needed to meet the Lisbon strategy targets. |
| --- | --- |

(5)

The Commission's first annual report on equality between men and women to the Spring European Council in 2004 concluded that significant gender gaps exist in most policy fields, that inequality between men and women is a multi-dimensional phenomenon that has to be tackled by a comprehensive mix of policy measures and that enhanced efforts are needed to meet the Lisbon strategy targets.

| (6) | The Nice European Council of 7-9 December 2000 called for ‘Increased awareness, the pooling of resources and the exchange of experience, in particular through the establishment of a European Institute for gender issues’. |
| --- | --- |

(6)

The Nice European Council of 7-9 December 2000 called for ‘Increased awareness, the pooling of resources and the exchange of experience, in particular through the establishment of a European Institute for gender issues’.

| (7) | The feasibility study (3) carried out for the Commission concluded that there is a clear role for a European Institute for Gender Equality to carry out some of the tasks with which the existing institutions do not currently deal, specifically in the areas of coordination, centralisation and dissemination of research data and information, network building, the raising of visibility of equality between men and women, highlighting the gender perspective and the development of tools for improved integration of gender equality in all Community policies. |
| --- | --- |

(7)

The feasibility study (3) carried out for the Commission concluded that there is a clear role for a European Institute for Gender Equality to carry out some of the tasks with which the existing institutions do not currently deal, specifically in the areas of coordination, centralisation and dissemination of research data and information, network building, the raising of visibility of equality between men and women, highlighting the gender perspective and the development of tools for improved integration of gender equality in all Community policies.

| (8) | The European Parliament in its Resolution of 10 March 2004 on the European Union's policies on gender equality (4) called on the Commission to speed up the efforts leading to the setting-up of an Institute. |
| --- | --- |

(8)

The European Parliament in its Resolution of 10 March 2004 on the European Union's policies on gender equality (4) called on the Commission to speed up the efforts leading to the setting-up of an Institute.

| (9) | The Council of Employment, Social Affairs, Health and Consumers Affairs of 1-2 June 2004 and the European Council of 17-18 June 2004 supported the establishment of a European Institute for Gender Equality. The European Council asked the Commission to bring forward a specific proposal. |
| --- | --- |

(9)

The Council of Employment, Social Affairs, Health and Consumers Affairs of 1-2 June 2004 and the European Council of 17-18 June 2004 supported the establishment of a European Institute for Gender Equality. The European Council asked the Commission to bring forward a specific proposal.

| (10) | The collection, analysis and dissemination of objective, reliable and comparable information and data on equality between men and women, the development of appropriate tools for the elimination of all forms of discrimination on grounds of sex and the integration of the gender dimension in all policy areas, the promotion of dialogue among stakeholders and the raising of awareness among EU citizens are necessary so as to enable the Community to effectively promote and implement gender equality policy, in particular in an enlarged Union. It is therefore appropriate to establish a European Institute for Gender Equality, which would assist the Community institutions and the Member States by carrying out those tasks. |
| --- | --- |

(10)

The collection, analysis and dissemination of objective, reliable and comparable information and data on equality between men and women, the development of appropriate tools for the elimination of all forms of discrimination on grounds of sex and the integration of the gender dimension in all policy areas, the promotion of dialogue among stakeholders and the raising of awareness among EU citizens are necessary so as to enable the Community to effectively promote and implement gender equality policy, in particular in an enlarged Union. It is therefore appropriate to establish a European Institute for Gender Equality, which would assist the Community institutions and the Member States by carrying out those tasks.

| (11) | Gender equality cannot be achieved by an anti-discrimination policy alone but requires measures to promote harmonious co-existence and balanced participation by men and women within society; the Institute should contribute to the attainment of that objective. |
| --- | --- |

(11)

Gender equality cannot be achieved by an anti-discrimination policy alone but requires measures to promote harmonious co-existence and balanced participation by men and women within society; the Institute should contribute to the attainment of that objective.

| (12) | Given the importance of eliminating gender stereotypes in European society in all walks of life and of providing positive examples for women and men to follow, action to achieve those aims should also be included among the Institute's tasks. |
| --- | --- |

(12)

Given the importance of eliminating gender stereotypes in European society in all walks of life and of providing positive examples for women and men to follow, action to achieve those aims should also be included among the Institute's tasks.

| (13) | Cooperation with the relevant authorities of the Member States and relevant statistical bodies, in particular Eurostat, is essential to promote the collection of comparable and reliable data at European level. Given that information on equality between men and women is relevant to all levels within the Community — local, regional, national and Community — it would be useful for such information to be available to Member States' authorities in order to help them formulate policies and measures at local, regional and national level in their spheres of competence. |
| --- | --- |

(13)

Cooperation with the relevant authorities of the Member States and relevant statistical bodies, in particular Eurostat, is essential to promote the collection of comparable and reliable data at European level. Given that information on equality between men and women is relevant to all levels within the Community — local, regional, national and Community — it would be useful for such information to be available to Member States' authorities in order to help them formulate policies and measures at local, regional and national level in their spheres of competence.

| (14) | The Institute should work as closely as possible with all Community programmes and bodies in order to avoid duplication and ensure the best possible use of resources, in particular as regards the European Foundation for the Improvement of Living and Working Conditions (5), the European Agency for Safety and Health at Work (6), the Centre for the Development of Vocational Training (7) and the European Union Agency for Fundamental Rights (8). |
| --- | --- |

(14)

The Institute should work as closely as possible with all Community programmes and bodies in order to avoid duplication and ensure the best possible use of resources, in particular as regards the European Foundation for the Improvement of Living and Working Conditions (5), the European Agency for Safety and Health at Work (6), the Centre for the Development of Vocational Training (7) and the European Union Agency for Fundamental Rights (8).

| (15) | The Institute should develop cooperation and dialogue with non-governmental and equal opportunities organisations, research centres, social partners, and other related bodies actively seeking to achieve equality at national and European level and in third countries. In the interest of efficiency, it is appropriate for the Institute to set up and coordinate an electronic European Network on Gender Equality with such entities and experts in the Member States. |
| --- | --- |

(15)

The Institute should develop cooperation and dialogue with non-governmental and equal opportunities organisations, research centres, social partners, and other related bodies actively seeking to achieve equality at national and European level and in third countries. In the interest of efficiency, it is appropriate for the Institute to set up and coordinate an electronic European Network on Gender Equality with such entities and experts in the Member States.

| (16) | With a view to ensuring the necessary balance among the Member States and the continuity of the members of the Management Board, the representatives of the Council will be appointed for each term of office in accordance with the order of rotation of the Presidencies of the Council, commencing in 2007. |
| --- | --- |

(16)

With a view to ensuring the necessary balance among the Member States and the continuity of the members of the Management Board, the representatives of the Council will be appointed for each term of office in accordance with the order of rotation of the Presidencies of the Council, commencing in 2007.

| (17) | In accordance with Article 3(2) of the Treaty it is appropriate to promote a balanced participation of men and women in the composition of the Management Board. |
| --- | --- |

(17)

In accordance with Article 3(2) of the Treaty it is appropriate to promote a balanced participation of men and women in the composition of the Management Board.

| (18) | The Institute should enjoy maximum independence in the performance of its tasks. |
| --- | --- |

(18)

The Institute should enjoy maximum independence in the performance of its tasks.

| (19) | The Institute should apply the relevant Community legislation concerning public access to documents as set out in Regulation (EC) No 1049/2001 (9) and the protection of individuals with regard to the processing of personal data as set out in Regulation (EC) No 45/2001 (10). |
| --- | --- |

(19)

The Institute should apply the relevant Community legislation concerning public access to documents as set out in Regulation (EC) No 1049/2001 (9) and the protection of individuals with regard to the processing of personal data as set out in Regulation (EC) No 45/2001 (10).

| (20) | Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (11), applies to the Institute. |
| --- | --- |

(20)

Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (11), applies to the Institute.

| (21) | For the contractual liability of the Institute, which is governed by the law applicable to the contracts concluded by the Institute, the Court of Justice should have jurisdiction to give judgment, pursuant to any arbitration clause, contained in the contract. The Court of Justice should also have jurisdiction in disputes relating to compensation for any damage arising from the non-contractual liability of the Institute. |
| --- | --- |

(21)

For the contractual liability of the Institute, which is governed by the law applicable to the contracts concluded by the Institute, the Court of Justice should have jurisdiction to give judgment, pursuant to any arbitration clause, contained in the contract. The Court of Justice should also have jurisdiction in disputes relating to compensation for any damage arising from the non-contractual liability of the Institute.

| (22) | An independent external evaluation should be undertaken to assess the impact of the Institute, the possible need to modify or extend its tasks and the timing of further such reviews. |
| --- | --- |

(22)

An independent external evaluation should be undertaken to assess the impact of the Institute, the possible need to modify or extend its tasks and the timing of further such reviews.

| (23) | Since the objectives of this Regulation, namely to contribute to and strengthen the promotion of gender equality, including gender mainstreaming in all Community policies and the resulting national policies, and the fight against discrimination based on sex, and to raise EU citizens' awareness of gender equality by providing technical assistance to the Community institutions and the authorities of the Member States, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives. |
| --- | --- |

(23)

Since the objectives of this Regulation, namely to contribute to and strengthen the promotion of gender equality, including gender mainstreaming in all Community policies and the resulting national policies, and the fight against discrimination based on sex, and to raise EU citizens' awareness of gender equality by providing technical assistance to the Community institutions and the authorities of the Member States, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives.

| (24) | Article 13(2) of the Treaty permits the adoption of Community measures in order to support and promote the objective of combating discrimination on grounds of sex beyond the field of employment. Article 141(3) of the Treaty is the specific legal basis for measures aimed to ensure the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation. Therefore, Article 13(2) and Article 141(3) combined constitute the appropriate legal basis for adoption of this Regulation, |
| --- | --- |

(24)

Article 13(2) of the Treaty permits the adoption of Community measures in order to support and promote the objective of combating discrimination on grounds of sex beyond the field of employment. Article 141(3) of the Treaty is the specific legal basis for measures aimed to ensure the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation. Therefore, Article 13(2) and Article 141(3) combined constitute the appropriate legal basis for adoption of this Regulation,

HAVE ADOPTED THIS REGULATION:

Article 1

Establishment of the Institute

A European Institute for Gender Equality (hereinafter referred to as ‘the Institute’) is hereby established.

Article 2

Objectives

The overall objectives of the Institute shall be to contribute to and strengthen the promotion of gender equality, including gender mainstreaming in all Community policies and the resulting national policies, and the fight against discrimination based on sex, and to raise EU citizens' awareness of gender equality by providing technical assistance to the Community institutions, in particular the Commission, and the authorities of the Member States, as set out in Article 3.

Article 3

Tasks

1.   To meet the objectives set in Article 2, the Institute shall:

| (a) | collect, analyse and disseminate relevant objective, comparable and reliable information as regards gender equality, including results from research and best practice communicated to it by Member States, Community institutions, research centres, national equality bodies, non-governmental organisations, social partners, relevant third countries and international organisations, and suggest areas for further research; |
| --- | --- |

(a)

collect, analyse and disseminate relevant objective, comparable and reliable information as regards gender equality, including results from research and best practice communicated to it by Member States, Community institutions, research centres, national equality bodies, non-governmental organisations, social partners, relevant third countries and international organisations, and suggest areas for further research;

| (b) | develop methods to improve the objectivity, comparability and reliability of data at European level by establishing criteria that will improve the consistency of information and take into account gender issues when collecting data; |
| --- | --- |

(b)

develop methods to improve the objectivity, comparability and reliability of data at European level by establishing criteria that will improve the consistency of information and take into account gender issues when collecting data;

| (c) | develop, analyse, evaluate and disseminate methodological tools in order to support the integration of gender equality into all Community policies and the resulting national policies and to support gender mainstreaming in all Community institutions and bodies; |
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(c)

develop, analyse, evaluate and disseminate methodological tools in order to support the integration of gender equality into all Community policies and the resulting national policies and to support gender mainstreaming in all Community institutions and bodies;

| (d) | carry out surveys on the situation in Europe as regards gender equality; |
| --- | --- |

(d)

carry out surveys on the situation in Europe as regards gender equality;

| (e) | set up and coordinate a European Network on Gender Equality, involving the centres, bodies, organisations and experts dealing with gender equality and gender mainstreaming in order to support and encourage research, optimise the use of available resources and foster the exchange and dissemination of information; |
| --- | --- |

(e)

set up and coordinate a European Network on Gender Equality, involving the centres, bodies, organisations and experts dealing with gender equality and gender mainstreaming in order to support and encourage research, optimise the use of available resources and foster the exchange and dissemination of information;

| (f) | organise ad hoc meetings of experts to support the institute's research work, encourage the exchange of information among researchers and promote the inclusion of a gender perspective in their research; |
| --- | --- |

(f)

organise ad hoc meetings of experts to support the institute's research work, encourage the exchange of information among researchers and promote the inclusion of a gender perspective in their research;

| (g) | in order to raise EU citizens' awareness of gender equality, organise, with relevant stakeholders, conferences, campaigns and meetings at European level, and present the findings and conclusions to the Commission; |
| --- | --- |

(g)

in order to raise EU citizens' awareness of gender equality, organise, with relevant stakeholders, conferences, campaigns and meetings at European level, and present the findings and conclusions to the Commission;

| (h) | disseminate information regarding positive examples of non-stereotypical roles for women and men in every walk of life, present its findings and initiatives designed to publicise and build on such success stories; |
| --- | --- |

(h)

disseminate information regarding positive examples of non-stereotypical roles for women and men in every walk of life, present its findings and initiatives designed to publicise and build on such success stories;

| (i) | develop dialogue and cooperation with non-governmental and equal opportunities organisations, universities and experts, research centres, social partners and related bodies actively seeking to achieve equality at national and European level; |
| --- | --- |

(i)

develop dialogue and cooperation with non-governmental and equal opportunities organisations, universities and experts, research centres, social partners and related bodies actively seeking to achieve equality at national and European level;

| (j) | set up documentation resources accessible to the public; |
| --- | --- |

(j)

set up documentation resources accessible to the public;

| (k) | make information on gender mainstreaming available to public and private organisations; and |
| --- | --- |

(k)

make information on gender mainstreaming available to public and private organisations; and

| (l) | provide information to the Community Institutions on gender equality and gender mainstreaming in the accession and candidate countries. |
| --- | --- |

(l)

provide information to the Community Institutions on gender equality and gender mainstreaming in the accession and candidate countries.

2.   The Institute shall publish an annual report on its activities.

Article 4

Areas of activity and working methods

1.   The Institute shall carry out its tasks within the competences of the Community and in the light of the objectives adopted and priority areas identified in its annual programme, and with due regard to the available budgetary resources.

2.   The work programme of the Institute shall be in line with the Community priorities in the field of gender equality and the work programme of the Commission, including its statistical and research work.

3.   In pursuing its activities, the Institute shall, in order to avoid duplication and to ensure the best possible use of resources, take account of existing information from whatever source and in particular of activities already carried out by the Community institutions and by other institutions, bodies and competent national and international organisations and work closely with the competent Commission services, including Eurostat. The Institute shall ensure appropriate coordination with all relevant Community agencies and Union bodies to be determined in a memorandum of understanding where appropriate.

4.   The Institute shall ensure that the information disseminated is comprehensible to the final users.

5.   The Institute may enter into contractual relations, in particular subcontracting arrangements, with other organisations, in order to accomplish any tasks which it may entrust to them.

Article 5

Legal personality and capacity

The Institute shall have legal personality. It shall enjoy, in each of the Member States, the most extensive legal capacity accorded to legal persons under their laws. In particular, it may acquire or dispose of movable or immovable property and may be a party to legal proceedings.

Article 6

Independence of the Institute

The Institute shall carry out its activities independently in the public interest.

Article 7

Access to documents

1.   Regulation (EC) No 1049/2001 shall apply to documents held by the Institute.

2.   The Management Board shall adopt arrangements for implementing Regulation (EC) No 1049/2001 within six months of the establishment of the Institute.

3.   Decisions taken by the Institute pursuant to Article 8 of Regulation (EC) No 1049/2001 may give rise to the lodging of a complaint to the Ombudsman or form the subject of an action before the Court of Justice, under the conditions laid down in Articles 195 and 230 of the Treaty respectively.

4.   Regulation (EC) No 45/2001 shall apply to the processing of data by the Institute.

Article 8

Cooperation with organisations at national and European level, international organisations and third countries

1.   To help it carry out its tasks, the Institute shall cooperate with organisations and experts in the Member States, such as equality bodies, research centres, universities, non-governmental organisations, social partners as well as with relevant organisations at European or international level and third countries.

2.   Should agreements with international organisations or with third countries prove necessary for the Institute to carry out its tasks efficiently, the Community shall, in accordance with the procedure provided for in Article 300 of the Treaty, enter into such agreements with the international organisations or with third countries in the interests of the Institute. This provision shall not preclude ad hoc cooperation with such organisations or third countries.

Article 9

Composition of the Institute

The Institute shall comprise:

| (a) | a Management Board; |
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(a)

a Management Board;

| (b) | an Experts' Forum; |
| --- | --- |

(b)

an Experts' Forum;

| (c) | a Director and his or her staff. |
| --- | --- |

(c)

a Director and his or her staff.

Article 10

Management Board

1.   The Management Board shall consist of:

| (a) | eighteen representatives appointed by the Council, on the basis of a proposal from each Member State concerned; |
| --- | --- |

(a)

eighteen representatives appointed by the Council, on the basis of a proposal from each Member State concerned;

| (b) | one member representing the Commission, appointed by the Commission; |
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(b)

one member representing the Commission, appointed by the Commission;

2.   The members of the Management Board shall be appointed in such a way as to secure the highest standards of competence and a broad range of relevant and transdisciplinary expertise in the area of gender equality.

The Council and the Commission shall aim to achieve a balanced representation between men and women on the Management Board.

Alternates who represent the member in his or her absence shall be appointed by the same procedure.

The list of the members and alternates of the Management Board shall be published by the Council in the Official Journal of the European Union, on the website of the Institute and on other relevant websites.

3.   The term of office shall be three years. For each term of office, the members appointed by the Council shall represent eighteen Members States in the order of the rotating Presidencies, one member being nominated by each Member State concerned.

4.   The Management Board shall elect its Chairperson and Vice-Chairperson to serve for a period of three years.

5.   Each member of the Management Board referred to under paragraph 1(a) or (b), or in his or her absence, his or her alternate, shall have one vote.

6.   The Management Board shall take the decisions necessary for the operation of the Institute. In particular, it shall:

| (a) | adopt, on the basis of a draft drawn up by the Director, as referred to in Article 12, after consultation with the Commission, the annual work programme and the medium term work programme, covering a three-year period, in accordance with the budget and the available resources; the programmes may be reviewed whenever necessary; the first annual work programme shall be adopted not later than nine months after the appointment of the Director; |
| --- | --- |

(a)

adopt, on the basis of a draft drawn up by the Director, as referred to in Article 12, after consultation with the Commission, the annual work programme and the medium term work programme, covering a three-year period, in accordance with the budget and the available resources; the programmes may be reviewed whenever necessary; the first annual work programme shall be adopted not later than nine months after the appointment of the Director;

| (b) | adopt the annual report referred to in Article 3(2), comparing, in particular, the results achieved with the objectives of the annual work programme; this report shall be forwarded by 15 June at the latest to the European Parliament, the Council, the Commission, the Court of Auditors, the European Economic and Social Committee and the Committee of the Regions and shall be published on the website of the Institute; |
| --- | --- |

(b)

adopt the annual report referred to in Article 3(2), comparing, in particular, the results achieved with the objectives of the annual work programme; this report shall be forwarded by 15 June at the latest to the European Parliament, the Council, the Commission, the Court of Auditors, the European Economic and Social Committee and the Committee of the Regions and shall be published on the website of the Institute;

| (c) | exercise disciplinary authority over the Director and appoint or dismiss him or her pursuant to Article 12; and |
| --- | --- |

(c)

exercise disciplinary authority over the Director and appoint or dismiss him or her pursuant to Article 12; and

| (d) | adopt the Institute's annual draft and final budgets. |
| --- | --- |

(d)

adopt the Institute's annual draft and final budgets.

7.   The Management Board shall adopt the Institute's internal rules on the basis of a proposal drawn up by the Director after consultation with the Commission.

8.   Decisions by the Management Board shall be taken by a majority of its members. The Chairperson shall have the casting vote. In the cases referred to in paragraph 6 and in Article 12(1), decisions shall be taken by a two-thirds majority of its members.

9.   The Management Board shall adopt its rules of procedure on the basis of a proposal drawn up by the Director after consultation with the Commission.

10.   The Chairperson shall convene the Management Board at least once a year. The Chairperson shall convene additional meetings on his or her own initiative or at the request of one-third of the members of the Management Board.

11.   The Institute shall forward annually to the European Parliament and the Council (hereinafter referred to as the ‘budgetary authority’) any information relevant to the outcome of the evaluation procedures.

12.   The Directors of the European Foundation for the Improvement of Living and Working Conditions, the European Agency for Safety and Health at Work, the Centre for the Development of Vocational Training and of the European Union Agency for Fundamental Rights may as appropriate be invited to attend meetings of the Management Board as observers in order to coordinate the respective working programmes as regards gender mainstreaming.

Article 11

Experts' Forum

1.   The Experts' Forum shall be composed of members from competent bodies specialised in gender equality issues, on the basis of one representative designated by each Member State, two members representing other relevant organisations specialised in gender equality issues designated by the European Parliament, as well as three members designated by the Commission and representing interested parties at European level, with one representative each from:

| (a) | an appropriate non-governmental organisation at Community level which has a legitimate interest in contributing to the fight against discrimination on grounds of sex and the promotion of gender equality; |
| --- | --- |

(a)

an appropriate non-governmental organisation at Community level which has a legitimate interest in contributing to the fight against discrimination on grounds of sex and the promotion of gender equality;

| (b) | employers' organisations at Community level; and |
| --- | --- |

(b)

employers' organisations at Community level; and

| (c) | workers' organisations at Community level. |
| --- | --- |

(c)

workers' organisations at Community level.

The Member States and the Commission shall aim to achieve a balanced representation between men and women in the Experts' Forum.

Members may be replaced by alternates, appointed at the same time.

2.   Members of the Experts' Forum shall not be members of the Management Board.

3.   The Experts' Forum shall support the Director in ensuring the excellence and independence of activities of the Institute.

4.   The Experts' Forum shall constitute a mechanism for an exchange of information in relation to gender equality issues and the pooling of knowledge. It shall ensure close cooperation between the Institute and competent bodies in the Member States.

5.   The Experts' Forum shall be chaired by the Director or, in his/her absence, by a deputy from within the Institute. It shall meet regularly at the invitation of the Director, or at the request of at least a third of its members, and at least once per year. Its operational procedures shall be specified in the Institute's internal rules and shall be made public.

6.   Representatives of the Commission's departments shall participate in the work of the Experts' Forum.

7.   The Institute shall provide the technical and logistic support necessary for the Experts' Forum and provide a secretariat for its meetings.

8.   The Director may invite experts or representatives of relevant economic sectors, employers, trade unions, professional or research bodies, or non-governmental organisations with recognised experience in disciplines related to the work of the Institute to cooperate in specific tasks and to take part in the relevant activities of the Experts' Forum.

Article 12

Director

1.   The Institute shall be headed by a Director appointed by the Management Board on the basis of a list of candidates proposed by the Commission after an open competition, following publication in the Official Journal of the European Union and elsewhere of a call for expressions of interest. Before being appointed, the candidate selected by the Management Board shall be asked to make a declaration before the competent committee(s) of the European Parliament and answer questions from its/their members.

2.   The Director's term of office shall be 5 years. On a proposal from the Commission and after evaluation, that term of office may be extended once for a period of not more than 5 years. In the evaluation, the Commission shall assess in particular:

| (a) | the results achieved in the first term of office and the way they were achieved, |
| --- | --- |

(a)

the results achieved in the first term of office and the way they were achieved,

| (b) | the Institute's duties and requirements in the coming years. |
| --- | --- |

(b)

the Institute's duties and requirements in the coming years.

3.   The Director shall be responsible, under the supervision of the Management Board, for:

| (a) | performance of the tasks referred to in Article 3; |
| --- | --- |

(a)

performance of the tasks referred to in Article 3;

| (b) | preparing and implementing the Institute's annual and medium-term programmes of activities; |
| --- | --- |

(b)

preparing and implementing the Institute's annual and medium-term programmes of activities;

| (c) | preparing the meetings of the Management Board and the Experts' Forum; |
| --- | --- |

(c)

preparing the meetings of the Management Board and the Experts' Forum;

| (d) | preparing and publishing the annual report referred to in Article 3(2); |
| --- | --- |

(d)

preparing and publishing the annual report referred to in Article 3(2);

| (e) | all staff-related matters, and in particular exercising the powers provided for in Article 13(3); |
| --- | --- |

(e)

all staff-related matters, and in particular exercising the powers provided for in Article 13(3);

| (f) | matters of day-to-day administration; and |
| --- | --- |

(f)

matters of day-to-day administration; and

| (g) | the implementation of effective monitoring and evaluation procedures relating to the performance of the Institute against its objectives according to professionally recognised standards. The Director shall report annually to the Management Board on the results of the monitoring system. |
| --- | --- |

(g)

the implementation of effective monitoring and evaluation procedures relating to the performance of the Institute against its objectives according to professionally recognised standards. The Director shall report annually to the Management Board on the results of the monitoring system.

4.   The Director shall be accountable for the management of his/her activities to the Management Board and shall take part in its meetings without voting rights. He/she may also be invited by the European Parliament to report during a hearing on significant issues linked to the Institute's activities.

5.   The Director shall be the Institute's legal representative.

Article 13

Staff

1.   The Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of the European Communities laid down in Regulation (EEC, ECSC, Euratom) No 259/68 (12) and the rules adopted jointly by the European Community institutions for the purpose of applying these Staff Regulations and Conditions of Employment shall apply to the staff of the Institute.

2.   The Management Board, in agreement with the Commission, shall adopt the necessary implementing measures, in accordance with the arrangements provided for in Article 110 of the Staff Regulations. The Management Board may adopt provisions to allow national experts from Member States to be employed on secondment at the Institute.

3.   The Institute shall exercise in respect of its staff the powers devolved to the appointing authority.

Article 14

Drawing up of the budget

1.   Estimates of all the revenue and expenditure of the Institute shall be prepared for each financial year, corresponding to the calendar year, and shall be shown in the budget of the Institute.

2.   The revenue and expenditure shown in the budget of the Institute shall be in balance.

3.   The revenue of the Institute shall, without prejudice to other resources, comprise:

| (a) | a subsidy from the Community, entered in the general budget of the European Union (Commission section); |
| --- | --- |

(a)

a subsidy from the Community, entered in the general budget of the European Union (Commission section);

| (b) | payments received for services rendered; |
| --- | --- |

(b)

payments received for services rendered;

| (c) | any financial contributions from the organisations or third countries referred to in Article 8; and |
| --- | --- |

(c)

any financial contributions from the organisations or third countries referred to in Article 8; and

| (d) | any voluntary contribution from the Member States. |
| --- | --- |

(d)

any voluntary contribution from the Member States.

4.   The expenditure of the Institute shall include staff remuneration, administrative and infrastructure costs and operating expenses.

5.   Each year the Management Board, on the basis of a draft drawn up by the Director, shall produce an estimate of revenue and expenditure for the Institute for the following financial year. This estimate, which shall include a draft establishment plan, shall be forwarded by the Management Board to the Commission by 31 March at the latest.

6.   The estimate shall be forwarded by the Commission to the budgetary authority together with the preliminary draft general budget of the European Union.

7.   On the basis of the estimate, the Commission shall enter in the preliminary draft general budget of the European Union the estimates it deems necessary for the establishment plan and the amount of the subsidy to be charged to the general budget, which it shall place before the budgetary authority in accordance with Article 272 of the Treaty.

8.   The budgetary authority shall authorise the appropriations for the subsidy to the Institute and shall adopt the establishment plan for the Institute.

9.   The budget of the Institute shall be adopted by the Management Board. It shall become final following final adoption of the general budget of the European Union. Where appropriate, it shall be adjusted accordingly.

10.   The Management Board shall, as soon as possible, notify the budgetary authority of its intention to implement any project which may have significant financial implications for the funding of its budget, in particular any projects relating to property such as the rental or purchase of buildings. It shall inform the Commission thereof.

Where a branch of the budgetary authority has notified its intention to deliver an opinion, it shall forward its opinion to the Management Board within a period of six weeks from the date of notification of the project.

Article 15

Implementation of the budget

1.   The Director shall implement the budget of the Institute.

2.   By 1 March at the latest following each financial year, the Institute's accounting officer shall communicate the provisional accounts to the Commission's accounting officer together with a report on the budgetary and financial management for that financial year. The Commission's accounting officer shall consolidate the provisional accounts of the institutions and decentralised bodies in accordance with Article 128 of Regulation (EC, Euratom) No 1605/2002.

3.   By 31 March at the latest following each financial year, the Commission's accounting officer shall forward the Institute's provisional accounts to the Court of Auditors, together with the report mentioned in paragraph 2. The report shall also be forwarded to the European Parliament and the Council.

4.   On receipt of the Court of Auditors' observations on the Institute's provisional accounts, pursuant to Article 129 of the Regulation (EC, Euratom) No 1605/2002, the Director shall draw up the Institute's final accounts under his or her own responsibility and forward them to the Management Board for an opinion.

5.   The Management Board shall deliver an opinion on the Institute's final accounts.

6.   By 1 July at the latest following each financial year, the Director shall forward the final accounts to the European Parliament, the Council, the Commission and the Court of Auditors, together with the Management Board's opinion.

7.   The final accounts shall be published.

8.   The Director shall send the Court of Auditors a reply to its observations by 30 September at the latest. He or she shall also send that reply to the Management Board.

9.   The Director shall submit to the European Parliament, at the latter's request, any information required for the smooth application of the discharge procedure for the financial year in question, as laid down in Article 146(3) of the Regulation (EC, Euratom) No 1605/2002.

10.   By 30 April of year N + 2, the European Parliament, on a recommendation from the Council acting by a qualified majority, shall give a discharge to the Director in respect of the implementation of the budget for year N.

11.   The financial rules applicable to the Institute shall be adopted by the Management Board after the Commission has been consulted. They may not depart from Regulation (EC, Euratom) No 2343/2002 unless specifically required for the Institute's operation and with the Commission's prior consent.

Article 16

Languages

1.   The provisions laid down in Regulation No 1 of 15 April 1958 determining the languages to be used in the European Economic Community (13) shall apply to the Institute.

2.   The translation services required for the functioning of the Institute shall, in principle, be provided by the Translation Centre for the Bodies of the European Union set up by Council Regulation (EC) No 2965/94 (14).

Article 17

Privileges and immunities

The Protocol on the Privileges and Immunities of the European Communities shall apply to the Institute.

Article 18

Liability

1.   The contractual liability of the Institute shall be governed by the law applicable to the contract in question.

The Court of Justice shall have jurisdiction pursuant to an arbitration clause contained in any contracts concluded by the Institute.

2.   In the case of non-contractual liability, the Institute shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by the Institute or its servants in the performance of their duties.

The Court of Justice shall have jurisdiction in disputes relating to compensation for any such damage.

Article 19

Participation of third countries

1.   The Institute shall be open to the participation of countries which have concluded agreements with the European Community by virtue of which they have adopted and apply Community legislation in the field covered by this Regulation.

2.   Arrangements shall be made under the relevant provisions of those agreements, specifying in particular the nature, extent and manner in which those countries are to participate in the Institute's work, including provisions relating to participation in the initiatives undertaken by the Institute, financial contributions and staff. As regards staff matters, those agreements shall, at all events, be in accordance with the Staff Regulations of officials of the European Communities and the Conditions of employment of other servants of the European Communities.

Article 20

Evaluation

1.   By ... (*), the Institute shall commission an independent external evaluation of its achievements on the basis of terms of reference issued by the Management Board in agreement with the Commission. The evaluation shall assess the impact of the Institute on the promotion of gender equality and shall include an analysis of the synergy effects. It shall, in particular, address the possible need to modify or extend the tasks of the Institute, including the financial implications of any such modification or extension of the tasks. Such evaluation shall also examine the appropriateness of the management structure in carrying out the Institute's tasks. The evaluation shall take into account the views of the stakeholders, at both Community and national level.

2.   The Management Board, in agreement with the Commission, shall decide the timing of future evaluations, taking into account the results of the evaluation report mentioned in paragraph 1.

Article 21

Review clause

The Management Board shall examine the conclusions of the evaluation mentioned in Article 20 and issue to the Commission such recommendations as may be necessary regarding changes in the Institute, its working practices and remit. The Commission shall forward the evaluation report and the recommendations to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions and make them public. After examination of the evaluation report and the recommendations, the Commission may submit any proposals which it deems necessary concerning this Regulation.

Article 22

Administrative control

The operations of the Institute shall be subject to the supervision of the Ombudsman in accordance with the provisions of Article 195 of the Treaty.

Article 23

Start of the Institute's activities

The Institute shall be operational as soon as possible and in any event not later than ... (**).

Article 24

Entry into force

This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 24, 31.1.2006, p. 29.

1

(2)  Opinion of the European Parliament of 14 March 2006 (not yet published in the Official Journal), Council Common Position of 18 September 2006 (OJ C 295 E, 5.12.2006, p. 57) and Position of the European Parliament of 14 December 2006.

2

(3)  European Commission Feasibility Study for a European Gender Institute (conducted by PLS Ramboll Management, DK, 2002).

3

(4)  OJ C 102 E, 28.4.2004, p. 638.

4

(5)  Council Regulation (EEC) No 1365/75 of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions (OJ L 139, 30.5.1975, p. 1). Regulation as last amended by Regulation (EC) No 1111/2005 (OJ L 184, 15.7.2005, p. 1).

5

(6)  Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work (OJ L 216, 20.8.1994, p. 1). Regulation as last amended by Regulation (EC) No 1112/2005 (OJ L 184, 15.7.2005, p. 5).

6

(7)  Council Regulation (EEC) No 337/75 of 10 February 1975 establishing a European Centre for the Development of Vocational Training (OJ L 39, 13.2.1975, p. 1). Regulation as last amended by Regulation (EC) No 2051/2004 (OJ L 355, 1.12.2004, p. 1).

7

(8)  Member States meeting in the framework of the European Council in December 2003 requested the Commission to prepare a proposal for a human rights agency by extending the mandate of the European Monitoring Centre on Racism and Xenophobia.

8

(9)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

9

(10)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and of the free movement of such data (OJ L 8, 12.1.2001, p. 1).

10

(11)  OJ L 357, 31.12.2002, p. 72.

11

(12)  OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 723/2004 (OJ L 124, 27.4.2004, p. 1).

12

(13)  OJ P 17, 6.10.1958, p. 385. Regulation as last amended by Regulation (EC) No 920/2005 (OJ L 156, 18.6.2005, p. 3).

13

(14)  Council Regulation (EC) No 2965/94 of 28 November 1994 setting up a Translation Centre for bodies of the European Union (OJ L 314, 7.12.1994, p. 1). Regulation as last amended by Regulation (EC) No 920/2005.

14

(*)  The end of the third year following the entry into force of this Regulation.

*

(**)  Twelve months after the entry into force of this Regulation.

**

P6_TA(2006)0587

Driving licenses ***II

European Parliament legislative resolution on the Council common position for adopting a directive of the European Parliament and of the Council on driving licences (9010/1/2006 — C6-0312/2006 — 2003/0252(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (9010/1/2006 — C6-0312/2006), |
| --- | --- |

—

having regard to the Council common position (9010/1/2006 — C6-0312/2006),

| — | having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2003)0621) (2), |
| --- | --- |

—

having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2003)0621) (2),

| — | having regard to Article 251(2) of the EC Treaty, |
| --- | --- |

—

having regard to Article 251(2) of the EC Treaty,

| — | having regard to Rule 62 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 62 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Transport and Tourism (A6-0414/2006); |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Transport and Tourism (A6-0414/2006);

| 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 304 E, 1.12.2005, p. 138.

(2)  Not yet published in OJ.

P6_TC2-COD(2003)0252

Position of the European Parliament adopted at second reading on 14 December 2006 with a view to the adoption of Directive 2006/.../EC of the European Parliament and of the Council on driving licences (Recast)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

| (1) | Council Directive 91/439/EEC of 29 July 1991 on driving licences (3) has been significantly amended on several occasions. Now that new amendments are being made to the said Directive, it is desirable, in order to clarify matters, that the provisions in question should be recast. |
| --- | --- |

(1)

Council Directive 91/439/EEC of 29 July 1991 on driving licences (3) has been significantly amended on several occasions. Now that new amendments are being made to the said Directive, it is desirable, in order to clarify matters, that the provisions in question should be recast.

| (2) | The rules on driving licences are essential elements of the common transport policy, contribute to improving road safety, and facilitate the free movement of persons taking up residence in a Member State other than the one issuing the licence. Given the importance of individual means of transport, possession of a driving licence duly recognised by a host Member State promotes free movement and freedom of establishment of persons. Despite the progress achieved with harmonising the rules on driving licences, significant differences have persisted between Member States in the rules on periodicity of licences renewal and on subcategories of vehicles, which needed to be harmonised more fully, in order to contribute to the implementation of Community policies. |
| --- | --- |

(2)

The rules on driving licences are essential elements of the common transport policy, contribute to improving road safety, and facilitate the free movement of persons taking up residence in a Member State other than the one issuing the licence. Given the importance of individual means of transport, possession of a driving licence duly recognised by a host Member State promotes free movement and freedom of establishment of persons. Despite the progress achieved with harmonising the rules on driving licences, significant differences have persisted between Member States in the rules on periodicity of licences renewal and on subcategories of vehicles, which needed to be harmonised more fully, in order to contribute to the implementation of Community policies.

| (3) | The possibility of laying down national provisions with regard to the period of validity provided for in Directive 91/439/EEC leads to the co-existence of different rules in different Member States and over 110 different models of driving licences valid in the Member States. This creates problems of transparency for citizens, police forces and the administrations responsible for the administration of driving licences and leads to the falsification of documents which sometimes date back several decades. |
| --- | --- |

(3)

The possibility of laying down national provisions with regard to the period of validity provided for in Directive 91/439/EEC leads to the co-existence of different rules in different Member States and over 110 different models of driving licences valid in the Member States. This creates problems of transparency for citizens, police forces and the administrations responsible for the administration of driving licences and leads to the falsification of documents which sometimes date back several decades.

| (4) | In order to prevent the single European driving licence model from becoming an additional model to the 110 already in circulation, Member States should take all necessary measures to issue this single model to all licence holders. |
| --- | --- |

(4)

In order to prevent the single European driving licence model from becoming an additional model to the 110 already in circulation, Member States should take all necessary measures to issue this single model to all licence holders.

| (5) | This Directive should not prejudice existing entitlements to drive granted or acquired before its date of application. |
| --- | --- |

(5)

This Directive should not prejudice existing entitlements to drive granted or acquired before its date of application.

| (6) | Driving licences are mutually recognised. Member States should be able to apply the period of validity prescribed by this Directive to a licence without a limited administrative validity issued by another Member State and whose holder has resided on their territory for more than two years. |
| --- | --- |

(6)

Driving licences are mutually recognised. Member States should be able to apply the period of validity prescribed by this Directive to a licence without a limited administrative validity issued by another Member State and whose holder has resided on their territory for more than two years.

| (7) | The introduction of a period of administrative validity for new driving licences should make it possible to apply at the time of periodic renewal the most recent counter-falsification measures and the medical examinations or other measures provided for by the Member States. |
| --- | --- |

(7)

The introduction of a period of administrative validity for new driving licences should make it possible to apply at the time of periodic renewal the most recent counter-falsification measures and the medical examinations or other measures provided for by the Member States.

| (8) | On road safety grounds, the minimum requirements for the issue of a driving licence should be laid down. Standards for driving tests and licensing need to be harmonised. To this end the knowledge, skills and behaviour connected with driving motor vehicles should be defined, the driving test should be based on these concepts and the minimum standards of physical and mental fitness for driving such vehicles should be redefined. |
| --- | --- |

(8)

On road safety grounds, the minimum requirements for the issue of a driving licence should be laid down. Standards for driving tests and licensing need to be harmonised. To this end the knowledge, skills and behaviour connected with driving motor vehicles should be defined, the driving test should be based on these concepts and the minimum standards of physical and mental fitness for driving such vehicles should be redefined.

| (9) | Proof of fulfilment of compliance with minimum standards of physical and mental fitness for driving by drivers of vehicles used for the transport of persons or goods should be provided when the driving licence is issued and periodically thereafter. Such regular control in accordance with national rules of compliance with minimum standards will contribute to the free movement of persons, avoid distortions of competition and better take into account the specific responsibility of drivers of such vehicles. Member States should be allowed to impose medical examinations as a guarantee of compliance with the minimum standards of physical and mental fitness for driving other motor vehicles. For reasons of transparency, such examinations should coincide with a renewal of driving licences and therefore be determined by the period of validity of the licence. |
| --- | --- |

(9)

Proof of fulfilment of compliance with minimum standards of physical and mental fitness for driving by drivers of vehicles used for the transport of persons or goods should be provided when the driving licence is issued and periodically thereafter. Such regular control in accordance with national rules of compliance with minimum standards will contribute to the free movement of persons, avoid distortions of competition and better take into account the specific responsibility of drivers of such vehicles. Member States should be allowed to impose medical examinations as a guarantee of compliance with the minimum standards of physical and mental fitness for driving other motor vehicles. For reasons of transparency, such examinations should coincide with a renewal of driving licences and therefore be determined by the period of validity of the licence.

| (10) | It is necessary to strengthen further the principle of progressive access to the categories of two-wheeled vehicles and to the categories of vehicles used for the transport of passengers and goods. |
| --- | --- |

(10)

It is necessary to strengthen further the principle of progressive access to the categories of two-wheeled vehicles and to the categories of vehicles used for the transport of passengers and goods.

| (11) | Nevertheless, Member States should be allowed to set a higher age limit for the driving of certain categories of vehicles in order to further promote road safety; Member States should in exceptional circumstances be allowed to set lower age limits in order to take account of national circumstances. |
| --- | --- |

(11)

Nevertheless, Member States should be allowed to set a higher age limit for the driving of certain categories of vehicles in order to further promote road safety; Member States should in exceptional circumstances be allowed to set lower age limits in order to take account of national circumstances.

| (12) | The definitions of the categories should reflect to a greater extent the technical characteristics of the vehicles concerned and the skills needed to drive a vehicle. |
| --- | --- |

(12)

The definitions of the categories should reflect to a greater extent the technical characteristics of the vehicles concerned and the skills needed to drive a vehicle.

| (13) | Introducing a category of driving licences for mopeds will, in particular, increase road safety as regards the youngest drivers who, according to the statistics, are the hardest hit by road accidents. |
| --- | --- |

(13)

Introducing a category of driving licences for mopeds will, in particular, increase road safety as regards the youngest drivers who, according to the statistics, are the hardest hit by road accidents.

| (14) | Specific provisions should be adopted to make it easier for physically disabled persons to drive vehicles. |
| --- | --- |

(14)

Specific provisions should be adopted to make it easier for physically disabled persons to drive vehicles.

| (15) | For reasons connected with road safety, Member States should be able to apply their national provisions on the withdrawal, suspension, renewal and cancellation of driving licences to all licence holders having acquired normal residence in their territory. |
| --- | --- |

(15)

For reasons connected with road safety, Member States should be able to apply their national provisions on the withdrawal, suspension, renewal and cancellation of driving licences to all licence holders having acquired normal residence in their territory.

| (16) | The model driving licence as set out in Directive 91/439/EEC should be replaced by a single model in the form of a plastic card. At the same time, this model driving licence needs to be adapted on account of the introduction of a new category of driving licences for mopeds and of a new category of driving licences for motorcycles. |
| --- | --- |

(16)

The model driving licence as set out in Directive 91/439/EEC should be replaced by a single model in the form of a plastic card. At the same time, this model driving licence needs to be adapted on account of the introduction of a new category of driving licences for mopeds and of a new category of driving licences for motorcycles.

| (17) | The introduction of an optional microchip in the new plastic card model driving licence should enable the Member States to further improve the level of anti-fraud protection. Member States should have flexibility to include national data on the chip provided that it does not interfere with commonly accessible data. The technical requirements for the microchip should be determined by the Commission, assisted by the committee on driving licences. |
| --- | --- |

(17)

The introduction of an optional microchip in the new plastic card model driving licence should enable the Member States to further improve the level of anti-fraud protection. Member States should have flexibility to include national data on the chip provided that it does not interfere with commonly accessible data. The technical requirements for the microchip should be determined by the Commission, assisted by the committee on driving licences.

| (18) | Minimum standards concerning access to the profession of examiner and examiner training requirements should be established in order to improve the knowledge and skills of examiners thereby ensuring a more objective evaluation of driving licence applicants and achieving greater harmonisation of driving tests. |
| --- | --- |

(18)

Minimum standards concerning access to the profession of examiner and examiner training requirements should be established in order to improve the knowledge and skills of examiners thereby ensuring a more objective evaluation of driving licence applicants and achieving greater harmonisation of driving tests.

| (19) | The Commission should be allowed to undertake the adaptation of Annexes I to VI to scientific and technical progress. |
| --- | --- |

(19)

The Commission should be allowed to undertake the adaptation of Annexes I to VI to scientific and technical progress.

| (20) | 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 (4). |
| --- | --- |

(20)

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 (4).

| (21) | In particular, the Commission should be empowered to establish the criteria necessary for the application of this Directive. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. |
| --- | --- |

(21)

In particular, the Commission should be empowered to establish the criteria necessary for the application of this Directive. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

| (22) | Since the objectives of this Directive cannot be sufficiently achieved by the Member States and can therefore, by reason of their scale and their effects, 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. |
| --- | --- |

(22)

Since the objectives of this Directive cannot be sufficiently achieved by the Member States and can therefore, by reason of their scale and their effects, 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.

| (23) | This Directive should not prejudice the obligations of the Member States relating to the deadlines for transposition into national law and application of the Directives listed in Annex VII, Part B, |
| --- | --- |

(23)

This Directive should not prejudice the obligations of the Member States relating to the deadlines for transposition into national law and application of the Directives listed in Annex VII, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Model licence

1.   Member States shall introduce a national driving licence based on the Community model set out in Annex I, in accordance with the provisions of this Directive. The emblem on page 1 of the Community model driving licences shall contain the distinguishing sign of the Member State issuing the licence.

2.   Without prejudice to data protection rules, Member States may introduce a storage medium (microchip) as part of the driving licence, as soon as the requirements concerning the microchip referred to in Annex I, which are designed to amend non-essential elements of this Directive, by supplementing it, are laid down by the Commission in accordance with the procedure referred to in Article 9(2). These requirements shall provide for EC type-approval, which shall only be granted when the ability to resist attempts to tamper with or alter data is demonstrated.

3.   The microchip shall incorporate the harmonised driving licence data specified in Annex I.

After consulting the Commission, Member States may store additional data, provided that it does not in any way interfere with the implementation of this Directive.

In accordance with the procedure referred to in Article 9(2), the Commission may amend Annex I in order to guarantee future interoperability.

4.   With the agreement of the Commission, Member States may make to the model set out in Annex I such adjustments as are necessary for computer processing of the driving licence.

Article 2

Mutual recognition

1.   Driving licences issued by Member States shall be mutually recognised.

2.   When the holder of a valid national driving licence without the administrative validity period set out in Article 7(2) takes up normal residence in a Member State other than that which issued the driving licence, the host Member State may apply to the licence the administrative validity periods set out in that Article by renewing the driving licence, as from 2 years after the date on which the holder has taken up normal residence on its territory.

Article 3

Anti-forgery measures

1.   Member States shall take all necessary steps to avoid any risk of forgery of driving licences, including that of model driving licences issued before the entry into force of this Directive. They shall inform the Commission thereof.

2.   The material used for the driving licence, as set out in Annex I, shall be made secure against forgery in application of specifications designed to amend non-essential elements of this Directive, by supplementing it, which are to be laid down by the Commission in accordance with the procedure referred to in Article 9(2). Member States are free to introduce additional security features.

3.   Member States shall ensure that, by ... (*), all driving licences issued or in circulation fulfil all the requirements of this Directive.

Article 4

Categories, definitions and minimum ages

1.   The driving licence provided for in Article 1 shall authorise the driving of power-driven vehicles in the categories defined hereafter. It may be issued from the minimum age indicated for each category. A ‘power-driven vehicle’ means any self-propelled vehicle running on a road under its own power, other than a rail-borne vehicle.

2.   mopeds:

Category AM:

| — | two-wheel vehicles or three-wheel vehicles with a maximum design speed of not more than 45 km/h, as defined in Article 1(2)(a) of Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles (5) (excluding those with a maximum design speed under or equal to 25 km/h), and light quadricycles as defined in Article 1(3)(a) of Directive 2002/24/EC, |
| --- | --- |

—

two-wheel vehicles or three-wheel vehicles with a maximum design speed of not more than 45 km/h, as defined in Article 1(2)(a) of Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles (5) (excluding those with a maximum design speed under or equal to 25 km/h), and light quadricycles as defined in Article 1(3)(a) of Directive 2002/24/EC,

| — | the minimum age for category AM is fixed at 16 years; |
| --- | --- |

—

the minimum age for category AM is fixed at 16 years;

3.   motorcycles with or without a sidecar and motor tricycles:

| — | ‘motorcycle’ means two-wheel vehicles with or without a sidecar, as defined in Article 1(2)(b) of Directive 2002/24/EC, |
| --- | --- |

—

‘motorcycle’ means two-wheel vehicles with or without a sidecar, as defined in Article 1(2)(b) of Directive 2002/24/EC,

| — | ‘motor tricycle’ means vehicles with three symmetrically arranged wheels, as defined in Article 1(2)(c) of Directive 2002/24/EC; |
| --- | --- |

—

‘motor tricycle’ means vehicles with three symmetrically arranged wheels, as defined in Article 1(2)(c) of Directive 2002/24/EC;

| (a) | Category A1:






  — | motorcycles with a cylinder capacity not exceeding 125 cubic centimetres, of a power not exceeding 11 kW and with a power/weight ratio not exceeding 0,1 kW/kg, |
| --- | --- | --- |

(a)

Category A1:

—

motorcycles with a cylinder capacity not exceeding 125 cubic centimetres, of a power not exceeding 11 kW and with a power/weight ratio not exceeding 0,1 kW/kg,

| — | motor tricycles with a power not exceeding 15 kW, |
| --- | --- |

—

motor tricycles with a power not exceeding 15 kW,

| — | the minimum age for category A1 is fixed at 16 years; |
| --- | --- |

—

the minimum age for category A1 is fixed at 16 years;

| (b) | Category A2:






  — | motorcycles of a power not exceeding 35 kW and with a power/weight ratio not exceeding 0,2 kW/kg and not derived from a vehicle of more than double its power, |
| --- | --- | --- |

(b)

Category A2:

—

motorcycles of a power not exceeding 35 kW and with a power/weight ratio not exceeding 0,2 kW/kg and not derived from a vehicle of more than double its power,

| — | the minimum age for category A2 is fixed at 18 years; |
| --- | --- |

—

the minimum age for category A2 is fixed at 18 years;

| (c) | Category A:






  (i) | motorcycles






  — | The minimum age for category A is fixed at 20 years. However, access to the driving of motorcycles of this category shall be subject to a minimum of two years' experience on motorcycles under an A2 licence. This requirement as to previous experience may be waived if the candidate is at least 24 years old. |
| --- | --- | --- | --- |

(c)

Category A:

(i)

motorcycles

—

The minimum age for category A is fixed at 20 years. However, access to the driving of motorcycles of this category shall be subject to a minimum of two years' experience on motorcycles under an A2 licence. This requirement as to previous experience may be waived if the candidate is at least 24 years old.

| (ii) | motor tricycles with a power exceeding 15 kW






  — | The minimum age for motor tricycles exceeding 15 kW is fixed at 21 years. |
| --- | --- | --- |

(ii)

motor tricycles with a power exceeding 15 kW

—

The minimum age for motor tricycles exceeding 15 kW is fixed at 21 years.

4.   motor vehicles:

| — | ‘motor vehicle’ means any power-driven vehicle, which is normally used for carrying persons or goods by road or for drawing, on the road, vehicles used for the carriage of persons or goods. This term shall include trolleybuses, i.e. vehicles connected to an electric conductor and not rail-borne. It shall not include agricultural or forestry tractors, |
| --- | --- |

—

‘motor vehicle’ means any power-driven vehicle, which is normally used for carrying persons or goods by road or for drawing, on the road, vehicles used for the carriage of persons or goods. This term shall include trolleybuses, i.e. vehicles connected to an electric conductor and not rail-borne. It shall not include agricultural or forestry tractors,

| — | ‘Agricultural or forestry tractor’ means any power-driven vehicle running on wheels or tracks, having at least two axles, the principal function of which lies in its tractive power, which is specially designed to pull, push, carry or operate certain tools, machines or trailers used in connection with agricultural or forestry operations, and the use of which for carrying persons or goods by road or drawing, on the road, vehicles used for the carriage of persons or goods is only a secondary function; |
| --- | --- |

—

‘Agricultural or forestry tractor’ means any power-driven vehicle running on wheels or tracks, having at least two axles, the principal function of which lies in its tractive power, which is specially designed to pull, push, carry or operate certain tools, machines or trailers used in connection with agricultural or forestry operations, and the use of which for carrying persons or goods by road or drawing, on the road, vehicles used for the carriage of persons or goods is only a secondary function;

| (a) | Category B1:






  — | quadricycles, as defined in Article 1(3)(b) of Directive 2002/24/EC, |
| --- | --- | --- |

(a)

Category B1:

—

quadricycles, as defined in Article 1(3)(b) of Directive 2002/24/EC,

| — | the minimum age for category B1 is fixed at 16 years, |
| --- | --- |

—

the minimum age for category B1 is fixed at 16 years,

| — | category B1 is optional; in Member States which do not introduce this category of driving licence, a driving licence for category B shall be required to drive such vehicles; |
| --- | --- |

—

category B1 is optional; in Member States which do not introduce this category of driving licence, a driving licence for category B shall be required to drive such vehicles;

| (b) | Category B:
  motor vehicles with a maximum authorised mass not exceeding 3 500 kg and designed and constructed for the carriage of no more than eight passengers in addition to the driver; motor vehicles in this category may be combined with a trailer having a maximum authorised mass which does not exceed 750 kg.
  Without prejudice to the provisions of type-approval rules for the vehicles concerned, motor vehicles in this category may be combined with a trailer with a maximum authorised mass exceeding 750 kg, provided that the maximum authorised mass of this combination does not exceed 4 250 kg. In case such a combination exceeds 3 500 kg, Member States shall, in accordance with the provisions of Annex V, require that this combination shall only be driven after:






  — | a training has been completed, or |
| --- | --- | --- |

(b)

Category B:

motor vehicles with a maximum authorised mass not exceeding 3 500 kg and designed and constructed for the carriage of no more than eight passengers in addition to the driver; motor vehicles in this category may be combined with a trailer having a maximum authorised mass which does not exceed 750 kg.

Without prejudice to the provisions of type-approval rules for the vehicles concerned, motor vehicles in this category may be combined with a trailer with a maximum authorised mass exceeding 750 kg, provided that the maximum authorised mass of this combination does not exceed 4 250 kg. In case such a combination exceeds 3 500 kg, Member States shall, in accordance with the provisions of Annex V, require that this combination shall only be driven after:

—

a training has been completed, or

| — | a test of skills and behaviour has been passed. |
| --- | --- |

—

a test of skills and behaviour has been passed.

Member States may also require both such a training and the passing of a test of skills and behaviour.

Member States shall indicate the entitlement to drive such a combination on the driving licence by means of the relevant Community code.

The minimum age for category B is fixed at 18 years;

| (c) | Category BE:






  — | without prejudice to the provisions of type-approval rules for the vehicles concerned, combination of vehicles consisting of a tractor vehicle in category B and a trailer or semi-trailer where the maximum authorised mass of the trailer or semi-trailer does not exceed 3 500 kg, |
| --- | --- | --- |

(c)

Category BE:

—

without prejudice to the provisions of type-approval rules for the vehicles concerned, combination of vehicles consisting of a tractor vehicle in category B and a trailer or semi-trailer where the maximum authorised mass of the trailer or semi-trailer does not exceed 3 500 kg,

| — | the minimum age for category BE is fixed at 18 years; |
| --- | --- |

—

the minimum age for category BE is fixed at 18 years;

| (d) | Category C1:
  motor vehicles other than those in categories D1 or D, the maximum authorised mass of which exceeds 3 500 kg, but does not exceed 7 500 kg, and which are designed and constructed for the carriage of no more than eight passengers in addition to the driver; motor vehicles in this category may be combined with a trailer having a maximum authorised mass not exceeding 750 kg; |
| --- | --- |

(d)

Category C1:

motor vehicles other than those in categories D1 or D, the maximum authorised mass of which exceeds 3 500 kg, but does not exceed 7 500 kg, and which are designed and constructed for the carriage of no more than eight passengers in addition to the driver; motor vehicles in this category may be combined with a trailer having a maximum authorised mass not exceeding 750 kg;

| (e) | Category C1E:






  — | without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category C1 and its trailer or semi-trailer has a maximum authorised mass of over 750 kg provided that the authorised mass of the combination does not exceed 12 000 kg, |
| --- | --- | --- |

(e)

Category C1E:

—

without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category C1 and its trailer or semi-trailer has a maximum authorised mass of over 750 kg provided that the authorised mass of the combination does not exceed 12 000 kg,

| — | without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category B and its trailer or semi-trailer has an authorised mass of over 3 500 kg, provided that the authorised mass of the combination does not exceed 12 000 kg, |
| --- | --- |

—

without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category B and its trailer or semi-trailer has an authorised mass of over 3 500 kg, provided that the authorised mass of the combination does not exceed 12 000 kg,

| — | the minimum age for categories C1 and C1E is fixed at the age of 18 years, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers (6); |
| --- | --- |

—

the minimum age for categories C1 and C1E is fixed at the age of 18 years, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers (6);

| (f) | Category C:
  motor vehicles other than those in categories D1 or D, whose maximum authorised mass is over 3 500 kg and which are designed and constructed for the carriage of no more than eight passengers in addition to the driver; motor vehicles in this category may be combined with a trailer having a maximum authorised mass which does not exceed 750 kg; |
| --- | --- |

(f)

Category C:

motor vehicles other than those in categories D1 or D, whose maximum authorised mass is over 3 500 kg and which are designed and constructed for the carriage of no more than eight passengers in addition to the driver; motor vehicles in this category may be combined with a trailer having a maximum authorised mass which does not exceed 750 kg;

| (g) | Category CE:






  — | without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category C and its trailer or semi-trailer has a maximum authorised mass of over 750 kg, |
| --- | --- | --- |

(g)

Category CE:

—

without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category C and its trailer or semi-trailer has a maximum authorised mass of over 750 kg,

| — | the minimum age for categories C and CE is fixed at 21 years, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC; |
| --- | --- |

—

the minimum age for categories C and CE is fixed at 21 years, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC;

| (h) | Category D1:
  motor vehicles designed and constructed for the carriage of no more than 16 passengers in addition to the driver and with a maximum length not exceeding 8 m; motor vehicles in this category may be combined with a trailer having a maximum authorised mass not exceeding 750 kg; |
| --- | --- |

(h)

Category D1:

motor vehicles designed and constructed for the carriage of no more than 16 passengers in addition to the driver and with a maximum length not exceeding 8 m; motor vehicles in this category may be combined with a trailer having a maximum authorised mass not exceeding 750 kg;

| (i) | Category D1E:






  — | without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category D1 and its trailer has a maximum authorised mass of over 750 kg, |
| --- | --- | --- |

(i)

Category D1E:

—

without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category D1 and its trailer has a maximum authorised mass of over 750 kg,

| — | the minimum age for categories D1 and D1E is fixed at 21 years, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC; |
| --- | --- |

—

the minimum age for categories D1 and D1E is fixed at 21 years, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC;

| (j) | Category D:
  motor vehicles designed and constructed for the carriage of more than eight passengers in addition to the driver; motor vehicles which may be driven with a category D licence may be combined with a trailer having a maximum authorised mass which does not exceed 750 kg; |
| --- | --- |

(j)

Category D:

motor vehicles designed and constructed for the carriage of more than eight passengers in addition to the driver; motor vehicles which may be driven with a category D licence may be combined with a trailer having a maximum authorised mass which does not exceed 750 kg;

| (k) | Category DE:






  — | without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category D and its trailer has a maximum authorised mass of over 750 kg, |
| --- | --- | --- |

(k)

Category DE:

—

without prejudice to the provisions of type-approval rules for the vehicles concerned, combinations of vehicles where the tractor vehicle is in category D and its trailer has a maximum authorised mass of over 750 kg,

| — | the minimum age for categories D and DE is fixed at 24 years, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC; |
| --- | --- |

—

the minimum age for categories D and DE is fixed at 24 years, without prejudice to the provisions for the driving of such vehicles in Directive 2003/59/EC;

5.   With the agreement of the Commission, Member States may exclude from the application of this Article certain specific types of power-driven vehicle such as special vehicles for disabled persons.

Member States may exclude from the application of this Directive vehicles used by, or under the control of, the armed forces and civil defence.

6.   Member States may raise or lower the minimum age for issuing a driving licence:

| (a) | for category AM down to 14 years or up to 18 years; |
| --- | --- |

(a)

for category AM down to 14 years or up to 18 years;

| (b) | for category B1 up to 18 years; |
| --- | --- |

(b)

for category B1 up to 18 years;

| (c) | for category A1 up to 17 or 18 years,






  — | if there is a two years difference between the minimum age for category A1 and the minimum age for category A2, and |
| --- | --- | --- |

(c)

for category A1 up to 17 or 18 years,

—

if there is a two years difference between the minimum age for category A1 and the minimum age for category A2, and

| — | there is a requirement of a minimum of two years experience on motorcycles of category A2 before access to the driving of motorcycles for category A can be granted, as referred to in Article 4(3)(c)(i); |
| --- | --- |

—

there is a requirement of a minimum of two years experience on motorcycles of category A2 before access to the driving of motorcycles for category A can be granted, as referred to in Article 4(3)(c)(i);

| (d) | for categories B and BE down to 17 years. |
| --- | --- |

(d)

for categories B and BE down to 17 years.

Member States may lower the minimum age for category C to 18 years and for category D to 21 years with regard to:

| (a) | vehicles used by the fire service and vehicles used for maintaining public order; |
| --- | --- |

(a)

vehicles used by the fire service and vehicles used for maintaining public order;

| (b) | vehicles undergoing road tests for repair or maintenance purposes. |
| --- | --- |

(b)

vehicles undergoing road tests for repair or maintenance purposes.

Driving licences issued to persons at a lower age than set out in paragraphs 2 to 4 in accordance with this paragraph shall only be valid on the territory of the issuing Member State until the licence holder has reached the minimum age limit set out in paragraphs 2 to 4.

Member States may recognise the validity on their territory of driving licences issued to drivers under the minimum ages set out in paragraphs 2 to 4.

Article 5

Conditions and restrictions

1.   Driving licences shall state the conditions under which the driver is authorised to drive.

2.   If, because of a physical disability, driving is authorised only for certain types of vehicle or for adapted vehicles, the test of skills and behaviour provided for in Article 7 shall be taken in such a vehicle.

Article 6

Staging and equivalences between categories

1.   The issue of driving licences shall be subject to the following conditions:

| (a) | licences for categories C1, C, D1 and D shall be issued only to drivers already entitled to drive vehicles in category B; |
| --- | --- |

(a)

licences for categories C1, C, D1 and D shall be issued only to drivers already entitled to drive vehicles in category B;

| (b) | licences for categories BE, C1E, CE, D1E and DE shall be issued only to drivers already entitled to drive vehicles in categories B, C1, C, D1 and D respectively. |
| --- | --- |

(b)

licences for categories BE, C1E, CE, D1E and DE shall be issued only to drivers already entitled to drive vehicles in categories B, C1, C, D1 and D respectively.

2.   The validity of driving licences shall be determined as follows:

| (a) | licences granted for categories C1E, CE, D1E or DE shall be valid for combinations of vehicles in category BE; |
| --- | --- |

(a)

licences granted for categories C1E, CE, D1E or DE shall be valid for combinations of vehicles in category BE;

| (b) | licences granted for category CE shall be valid for category DE as long as their holders are entitled to drive vehicles in category D; |
| --- | --- |

(b)

licences granted for category CE shall be valid for category DE as long as their holders are entitled to drive vehicles in category D;

| (c) | licences granted for category CE and DE shall be valid for combinations of vehicles in categories C1E and D1E respectively; |
| --- | --- |

(c)

licences granted for category CE and DE shall be valid for combinations of vehicles in categories C1E and D1E respectively;

| (d) | licences granted for any category shall be valid for vehicles in category AM. However, for driving licences issued on its territory, a Member State may limit the equivalences for category AM to categories A1, A2 and A, if that Member State imposes a practical test as a condition for obtaining category AM; |
| --- | --- |

(d)

licences granted for any category shall be valid for vehicles in category AM. However, for driving licences issued on its territory, a Member State may limit the equivalences for category AM to categories A1, A2 and A, if that Member State imposes a practical test as a condition for obtaining category AM;

| (e) | licences issued for category A2 shall also be valid for category A1; |
| --- | --- |

(e)

licences issued for category A2 shall also be valid for category A1;

| (f) | licences granted for categories A, B, C or D shall be valid for categories A1, A2, B1, C1, or D1 respectively. |
| --- | --- |

(f)

licences granted for categories A, B, C or D shall be valid for categories A1, A2, B1, C1, or D1 respectively.

3.   For driving on their territory, Member States may grant the following equivalences:

| (a) | motor tricycles under a licence for category B, for motor tricycles with a power exceeding 15 kW provided that the holder of the licence for category B is at least 21 years old; |
| --- | --- |

(a)

motor tricycles under a licence for category B, for motor tricycles with a power exceeding 15 kW provided that the holder of the licence for category B is at least 21 years old;

| (b) | category A1 motorcycles under a licence for category B. |
| --- | --- |

(b)

category A1 motorcycles under a licence for category B.

As this paragraph is only valid on their territories, Member States shall not indicate on the driving licence that a holder is entitled to drive these vehicles.

4.   Member States may, after consulting the Commission, authorise the driving on their territory of:

| (a) | vehicles of category D1 (with a maximum authorised mass of 3 500 kg, excluding any specialised equipment intended for the carriage of disabled passengers) by holders over 21 years old of a driving licence for category B which was obtained at least two years earlier provided that the vehicles are being used by non-commercial bodies for social purposes and that the driver provides his services on a voluntary basis; |
| --- | --- |

(a)

vehicles of category D1 (with a maximum authorised mass of 3 500 kg, excluding any specialised equipment intended for the carriage of disabled passengers) by holders over 21 years old of a driving licence for category B which was obtained at least two years earlier provided that the vehicles are being used by non-commercial bodies for social purposes and that the driver provides his services on a voluntary basis;

| b) | vehicles of a maximum authorised mass exceeding 3 500 kg by holders over 21 years old of a driving licence for category B which was obtained at least two years before, provided that the main purpose of the vehicles is to be used only when stationary as an instructional or recreational area, and that they are being used by non-commercial bodies for social purposes and that vehicles have been modified so that they may not be used either for the transport of more than nine persons or for the transport of any goods other than those strictly necessary for their purposes. |
| --- | --- |

b)

vehicles of a maximum authorised mass exceeding 3 500 kg by holders over 21 years old of a driving licence for category B which was obtained at least two years before, provided that the main purpose of the vehicles is to be used only when stationary as an instructional or recreational area, and that they are being used by non-commercial bodies for social purposes and that vehicles have been modified so that they may not be used either for the transport of more than nine persons or for the transport of any goods other than those strictly necessary for their purposes.

Article 7

Issue, validity and renewal

1.   Driving licences shall be issued only to those applicants:

| (a) | who have passed a test of skills and behaviour and a theoretical test and who meet medical standards, in accordance with the provisions of Annexes II and III; |
| --- | --- |

(a)

who have passed a test of skills and behaviour and a theoretical test and who meet medical standards, in accordance with the provisions of Annexes II and III;

| (b) | who have passed a theory test only as regards category AM; Member States may require applicants to pass a test of skills and behaviour and a medical examination for this category.
  For tricycles and quadricycles within this category, Member States may impose a distinctive test of skills and behaviour. For the differentiation of vehicles in category AM, a national code may be inserted on the driving licence; |
| --- | --- |

(b)

who have passed a theory test only as regards category AM; Member States may require applicants to pass a test of skills and behaviour and a medical examination for this category.

For tricycles and quadricycles within this category, Member States may impose a distinctive test of skills and behaviour. For the differentiation of vehicles in category AM, a national code may be inserted on the driving licence;

| (c) | who have, as regards category A2 or category A, on the condition of having acquired a minimum of 2 years' experience on a motorcycle in category A1 or in category A2 respectively, passed a test of skills and behaviour only, or completed a training pursuant to Annex VI; |
| --- | --- |

(c)

who have, as regards category A2 or category A, on the condition of having acquired a minimum of 2 years' experience on a motorcycle in category A1 or in category A2 respectively, passed a test of skills and behaviour only, or completed a training pursuant to Annex VI;

| (d) | who have completed a training or passed a test of skills and behaviour, or completed a training and passed a test of skills and behaviour pursuant to Annex V as regards category B for driving a vehicle combination as defined in the second subparagraph of Article 4(4)(b); |
| --- | --- |

(d)

who have completed a training or passed a test of skills and behaviour, or completed a training and passed a test of skills and behaviour pursuant to Annex V as regards category B for driving a vehicle combination as defined in the second subparagraph of Article 4(4)(b);

| (e) | who have their normal residence in the territory of the Member State issuing the licence, or can produce evidence that they have been studying there for at least six months. |
| --- | --- |

(e)

who have their normal residence in the territory of the Member State issuing the licence, or can produce evidence that they have been studying there for at least six months.

| 2. | (a) | As from ... (**), licences issued by Member States for categories AM, A1, A2, A, B, B1 and BE shall have an administrative validity of 10 years.
  A Member State may choose to issue such licences with an administrative validity of up to 15 years; |
| --- | --- | --- |
| (b) | As from ... (**), licences issued by Member States for categories C, CE, C1, C1E, D, DE, D1, D1E shall have an administrative validity of 5 years; |
| (c) | The renewal of a driving licence may trigger a new administrative validity period for another category or categories the licence holder is entitled to drive, insofar as this is in conformity with the conditions laid down in this Directive; |
| (d) | The presence of a microchip pursuant to Article 1 shall not be a prerequisite for the validity of a driving licence. The loss or unreadability of the microchip, or any other damage thereto, shall not affect the validity of the document. |

2.

(a)

As from ... (**), licences issued by Member States for categories AM, A1, A2, A, B, B1 and BE shall have an administrative validity of 10 years.

A Member State may choose to issue such licences with an administrative validity of up to 15 years;

(b)

As from ... (**), licences issued by Member States for categories C, CE, C1, C1E, D, DE, D1, D1E shall have an administrative validity of 5 years;

(c)

The renewal of a driving licence may trigger a new administrative validity period for another category or categories the licence holder is entitled to drive, insofar as this is in conformity with the conditions laid down in this Directive;

(d)

The presence of a microchip pursuant to Article 1 shall not be a prerequisite for the validity of a driving licence. The loss or unreadability of the microchip, or any other damage thereto, shall not affect the validity of the document.

3.   The renewal of driving licences when their administrative validity expires shall be subject to:

| (a) | continuing compliance with the minimum standards of physical and mental fitness for driving set out in Annex III for driving licences in categories C, CE, C1, C1E, D, DE, D1, D1E; and |
| --- | --- |

(a)

continuing compliance with the minimum standards of physical and mental fitness for driving set out in Annex III for driving licences in categories C, CE, C1, C1E, D, DE, D1, D1E; and

| (b) | normal residence in the territory of the Member State issuing the licence, or evidence that applicants have been studying there for at least six months. |
| --- | --- |

(b)

normal residence in the territory of the Member State issuing the licence, or evidence that applicants have been studying there for at least six months.

Member States may, when renewing driving licences in categories AM, A, A1, A2, B, B1 and BE, require an examination applying the minimum standards of physical and mental fitness for driving set out in Annex III.

Member States may limit the period of administrative validity set out in paragraph 2 of driving licences issued to novice drivers for any category in order to apply specific measures to such drivers, aiming at improving road safety.

Member States may limit the period of administrative validity of the first licence issued to novice drivers for categories C and D to 3 years in order to be able to apply specific measures to such drivers, so as to improve their road safety.

Member States may limit the period of administrative validity set out in paragraph 2 of individual driving licences for any category in case it is found necessary to apply an increased frequency of medical checks or other specific measures such as restrictions for traffic offenders.

Member States may reduce the period of administrative validity set out in paragraph 2 of driving licences of holders residing on their territory having reached the age of 50 years in order to apply an increased frequency of medical checks or other specific measures such as refresher courses. This reduced period of administrative validity can only be applied upon renewing the driving licence.

4.   Without prejudice to national criminal and police laws, Member States may, after consulting the Commission, apply to the issuing of driving licences the provisions of their national rules relating to conditions other than those referred to in this Directive.

| 5. | (a) | No person may hold more than one driving licence; |
| --- | --- | --- |
| (b) | A Member State shall refuse to issue a licence where it establishes that the applicant already holds a driving licence; |
| (c) | Member States shall take the necessary measures pursuant to point (b). The necessary measures as regards the issue, replacement, renewal or exchange of a driving licence shall be to verify with other Member States where there are reasonable grounds to suspect that the applicant is already the holder of another driving licence; |
| (d) | In order to facilitate the checks pursuant to point (b), Member States shall use the EU driving licence network once it is operational. |

5.

(a)

No person may hold more than one driving licence;

(b)

A Member State shall refuse to issue a licence where it establishes that the applicant already holds a driving licence;

(c)

Member States shall take the necessary measures pursuant to point (b). The necessary measures as regards the issue, replacement, renewal or exchange of a driving licence shall be to verify with other Member States where there are reasonable grounds to suspect that the applicant is already the holder of another driving licence;

(d)

In order to facilitate the checks pursuant to point (b), Member States shall use the EU driving licence network once it is operational.

Without prejudice to Article 2, a Member State issuing a licence shall apply due diligence to ensure that a person fulfils the requirements set out in paragraph 1 of this Article and shall apply its national provisions on the cancellation or withdrawal of the right to drive if it is established that a licence has been issued without the requirements having been met.

Article 8

Adaptation to scientific and technical progress

The amendments necessary to adapt Annexes I to VI to scientific and technical progress shall be adopted in accordance with the procedure referred to in Article 9(2).

Article 9

Committee

1.   The Commission shall be assisted by the committee on driving licences.

2.   Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 10

Examiners

From the entry into force of this Directive, driving examiners shall meet the minimum standards set out in Annex IV.

Driving examiners already working in that capacity before ... (**) shall be subject only to the requirements concerning quality assurance and regular periodic training measures.

Article 11

Various provisions concerning the exchange, the withdrawal, the replacement and the recognition of driving licences

1.   Where the holder of a valid national driving licence issued by a Member State has taken up normal residence in another Member State, he may request that his driving licence be exchanged for an equivalent licence. It shall be for the Member State effecting the exchange to check for which category the licence submitted is in fact still valid.

2.   Subject to observance of the principle of territoriality of criminal and police laws, the Member State of normal residence may apply its national provisions on the restriction, suspension, withdrawal or cancellation of the right to drive to the holder of a driving licence issued by another Member State and, if necessary, exchange the licence for that purpose.

3.   The Member State effecting the exchange shall return the old licence to the authorities of the Member State which issued it and give the reasons for doing so.

4.   A Member State shall refuse to issue a driving licence to an applicant whose driving licence is restricted, suspended or withdrawn in another Member State.

A Member State shall refuse to recognise the validity of any driving licence issued by another Member State to a person whose driving licence is restricted, suspended or withdrawn in the former State's territory.

A Member State may also refuse to issue a driving licence to an applicant whose licence is cancelled in another Member State.

5.   A replacement for a driving licence which has, for example, been lost or stolen may only be obtained from the competent authorities of the Member State in which the holder has his normal residence; those authorities shall provide the replacement on the basis of the information in their possession or, where appropriate, proof from the competent authorities of the Member State which issued the original licence.

6.   Where a Member State exchanges a driving licence issued by a third country for a Community model driving licence, such exchange shall be recorded on the Community model driving licence as shall any subsequent renewal or replacement.

Such an exchange may occur only if the licence issued by the third country has been surrendered to the competent authorities of the Member State making the exchange. If the holder of this licence transfers his normal residence to another Member State, the latter need not apply the principle of mutual recognition set out in Article 2.

Article 12

Normal residence

For the purpose of this Directive, ‘normal residence’ means the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he is living.

However, the normal residence of a person whose occupational ties are in a different place from his personal ties and who consequently lives in turn in different places situated in two or more Member States shall be regarded as being the place of his personal ties, provided that such person returns there regularly. This last condition need not be met where the person is living in a Member State in order to carry out a task of a definite duration. Attendance at a university or school shall not imply transfer of normal residence.

Article 13

Equivalences between non-Community model licences

1.   With the agreement of the Commission, Member States shall establish equivalences between entitlements obtained before the implementation of this Directive and the categories defined in Article 4.

After consulting the Commission, Member States may make to their national legislation such adjustments as are necessary for the purpose of implementing the provisions of Article 11(4), (5) and (6).

2.   Any entitlement to drive granted before ... (**) shall not be removed or in any way qualified by the provisions of this Directive.

Article 14

Review

The Commission shall report on the implementation of this Directive, including its impact on road safety, not earlier than ... (***).

Article 15

Mutual Assistance

Member States shall assist one another in the implementation of this Directive and shall exchange information on the licences they have issued, exchanged, replaced, renewed or revoked. They shall use the EU driving licence network set up for these purposes, once this network is operational.

Article 16

Transposition

1.   Member States shall adopt and publish, not later than ... (****), the laws, regulations and administrative provisions necessary to comply with Article 1(1), Article 3, Article 4(1), (2), (3) and (4)(b) to (k), Article 6(1), (2)(a), (c), (d) and (e), Article 7(1)(b), (c) and (d), (2), (3) and (5), Article 8, Article 10, Article 13, Article 14, Article 15, and Annexes I, point 2, II, point 5.2 concerning categories A1, A2 and A, IV, V and VI. They shall forthwith communicate to the Commission the text of those provisions.

2.   They shall apply those provisions as from ... (**).

3.   When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. They shall also contain an indication that references made, in the laws, regulations or administrative provisions in force, to the repealed Directive shall be construed as being made to this Directive. The methods of making such reference, and its wording, shall be laid down by Member States.

4.   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 17

Repeal

Directive 91/439/EEC shall be repealed with effect from ... (**), without prejudice to the obligations of the Member States with regard to the deadlines indicated in Annex VII, Part B for transposing that Directive into national law.

Article 2(4) of Directive 91/439/EEC shall be repealed on ... (*****).

References made to the repealed Directive shall be construed as being made to this Directive and should be read in accordance with the correlation table in Annex VIII.

Article 18

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 2(1), Article 5, Article 6(2)(b), Article 7(1)(a), Article 9, Article 11(1), (3), (4), (5) and (6), Article 12, and Annexes I, II and III shall apply from ... (******).

Article 19

Addressees

This Directive is addressed to the Member States.

Done at ..., ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 112, 30.4.2004, p. 34.

1

(2)  Opinion of the European Parliament of 23 February 2005 (OJ C 304 E, 1.12.2005, p. 202), Council Common Position of 18 September 2006 (OJ C 295 E, 5.12.2006, p. 1) and Position of the European Parliament of 14 December 2006 (not yet published in the Official Journal).

2

(3)  OJ L 237, 24.8.1991, p. 1. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

3

(4)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

4

(*)  26 years after the date of entry into force of this Directive.

*

(5)  OJ L 124, 9.5.2002, p. 1. Directive as last amended by Commission Directive 2005/30/EC (OJ L 106, 27.4.2005, p. 17).

5

(6)  OJ L 226, 10.9.2003, p. 4. Directive as amended by Council Directive 2004/66/EC (OJ L 168, 1.5.2004, p. 35).

6

(**)  Six years after the date of entry into force of this Directive.

**

(***)  Eleven years after the date of entry into force of this Directive.

***

(****)  Four years after the date of entry into force of this Directive.

****

(*****)  Date of entry into force of this Directive.

*****

(******)  Two years after the date of entry into force of this Directive.

******

ANNEX I

PROVISIONS CONCERNING THE COMMUNITY MODEL DRIVING LICENCE

| 1. | The physical characteristics of the card of the Community model driving licence shall be in accordance with ISO 7810 and ISO 7816-1.
  The card shall be made of polycarbonate.
  Methods for testing the characteristics of driving licences for the purpose of confirming their compliance with the international standards shall be in accordance with ISO 10373. |
| --- | --- |

1.

The physical characteristics of the card of the Community model driving licence shall be in accordance with ISO 7810 and ISO 7816-1.

The card shall be made of polycarbonate.

Methods for testing the characteristics of driving licences for the purpose of confirming their compliance with the international standards shall be in accordance with ISO 10373.

| 2. | Physical security of driving licences
  The threats to the physical security of driving licences are:






  — | production of false cards: creating a new object which bears great resemblance to the document, either by making it from scratch or by copying an original document, |
| --- | --- | --- |

2.

Physical security of driving licences

The threats to the physical security of driving licences are:

—

production of false cards: creating a new object which bears great resemblance to the document, either by making it from scratch or by copying an original document,

| — | material alteration: changing a property of an original document, e.g. modifying some of the data printed on the document. |
| --- | --- |

—

material alteration: changing a property of an original document, e.g. modifying some of the data printed on the document.

The overall security lies in the system in its entirety, consisting of the application process, the transmission of data, the card body material, the printing technique, a minimum set of different security features and the personalisation process.

| (a) | The material used for driving licences shall be made secure against forgery by using the following techniques (mandatory security features):






  — | card bodies shall be UV dull, |
| --- | --- | --- |

(a)

The material used for driving licences shall be made secure against forgery by using the following techniques (mandatory security features):

—

card bodies shall be UV dull,

| — | a security background pattern designed to be resistant to counterfeit by scanning, printing or copying, using rainbow printing with multicolour security inks and positive and negative guilloche printing. The pattern shall not be composed of the primary colours (CMYK), shall contain complex pattern designs in a minimum of two special colours and shall include micro lettering, |
| --- | --- |

—

a security background pattern designed to be resistant to counterfeit by scanning, printing or copying, using rainbow printing with multicolour security inks and positive and negative guilloche printing. The pattern shall not be composed of the primary colours (CMYK), shall contain complex pattern designs in a minimum of two special colours and shall include micro lettering,

| — | optical variable elements providing adequate protection against copying and tampering of the photograph, |
| --- | --- |

—

optical variable elements providing adequate protection against copying and tampering of the photograph,

| — | laser engraving, |
| --- | --- |

—

laser engraving,

| — | in the area of the photograph the security design background and photograph should overlap on at least its border (weakening pattern). |
| --- | --- |

—

in the area of the photograph the security design background and photograph should overlap on at least its border (weakening pattern).

| (b) | In addition, the material used for driving licences shall be made secure against forgery by using at least three of the following techniques (additional security features):






  — | colour-shifting inks*, |
| --- | --- | --- |

(b)

In addition, the material used for driving licences shall be made secure against forgery by using at least three of the following techniques (additional security features):

—

colour-shifting inks*,

| — | termochromic ink*, |
| --- | --- |

—

termochromic ink*,

| — | custom holograms*, |
| --- | --- |

—

custom holograms*,

| — | variable laser images*, |
| --- | --- |

—

variable laser images*,

| — | ultraviolet fluorescent ink, visible and transparent, |
| --- | --- |

—

ultraviolet fluorescent ink, visible and transparent,

| — | iridescent printing, |
| --- | --- |

—

iridescent printing,

| — | digital watermark in the background, |
| --- | --- |

—

digital watermark in the background,

| — | infrared or phosphorescent pigments, |
| --- | --- |

—

infrared or phosphorescent pigments,

| — | tactile characters, symbols or patterns*. |
| --- | --- |

—

tactile characters, symbols or patterns*.

| (c) | Member States are free to introduce additional security features. As a basis, the techniques indicated with an asterisk are to be preferred as they enable the law enforcement officers to check the validity of the card without any special means. |
| --- | --- |

(c)

Member States are free to introduce additional security features. As a basis, the techniques indicated with an asterisk are to be preferred as they enable the law enforcement officers to check the validity of the card without any special means.

| 3. | The licence shall have two sides.
  Page 1 shall contain:






  (a) | the words ‘Driving Licence’ printed in large type in the language or languages of the Member State issuing the licence; |
| --- | --- | --- |

3.

The licence shall have two sides.

Page 1 shall contain:

(a)

the words ‘Driving Licence’ printed in large type in the language or languages of the Member State issuing the licence;

| (b) | the name of the Member State issuing the licence (optional); |
| --- | --- |

(b)

the name of the Member State issuing the licence (optional);

| (c) | the distinguishing sign of the Member State issuing the licence, printed in negative in a blue rectangle and encircled by twelve yellow stars; the distinguishing signs shall be as follows:







  B | : | Belgium |
| --- | --- | --- | --- |
| CZ | : | Czech Republic |
| DK | : | Denmark |
| D | : | Germany |
| EST | : | Estonia |
| GR | : | Greece |
| E | : | Spain |
| F | : | France |
| IRL | : | Ireland |
| I | : | Italy |
| CY | : | Cyprus |
| LV | : | Latvia |
| LT | : | Lithuania |
| L | : | Luxembourg |
| H | : | Hungary |
| M | : | Malta |
| NL | : | The Netherlands |
| A | : | Austria |
| PL | : | Poland |
| P | : | Portugal |
| SLO | : | Slovenia |
| SK | : | Slovakia |
| FIN | : | Finland |
| S | : | Sweden |
| UK | : | The United Kingdom; |

(c)

the distinguishing sign of the Member State issuing the licence, printed in negative in a blue rectangle and encircled by twelve yellow stars; the distinguishing signs shall be as follows:

B

:

Belgium

CZ

:

Czech Republic

DK

:

Denmark

D

:

Germany

EST

:

Estonia

GR

:

Greece

E

:

Spain

F

:

France

IRL

:

Ireland

I

:

Italy

CY

:

Cyprus

LV

:

Latvia

LT

:

Lithuania

L

:

Luxembourg

H

:

Hungary

M

:

Malta

NL

:

The Netherlands

A

:

Austria

PL

:

Poland

P

:

Portugal

SLO

:

Slovenia

SK

:

Slovakia

FIN

:

Finland

S

:

Sweden

UK

:

The United Kingdom;

| (d) | information specific to the licence issued, numbered as follows:






  1. | surname of the holder; |
| --- | --- | --- |

(d)

information specific to the licence issued, numbered as follows:

1.

surname of the holder;

| 2. | other name(s) of the holder; |
| --- | --- |

2.

other name(s) of the holder;

| 3. | date and place of birth; |
| --- | --- |

3.

date and place of birth;

| 4. | (a) | date of issue of the licence; |
| --- | --- | --- |

4.

(a)

date of issue of the licence;

| (b) | date of expiry of the licence or a dash if the licence is valid indefinitely under the provision of Article 7(2)(c); |
| --- | --- |

(b)

date of expiry of the licence or a dash if the licence is valid indefinitely under the provision of Article 7(2)(c);

| (c) | the name of the issuing authority (may be printed on page 2); |
| --- | --- |

(c)

the name of the issuing authority (may be printed on page 2);

| (d) | a different number from the one under heading 5, for administrative purposes (optional); |
| --- | --- |

(d)

a different number from the one under heading 5, for administrative purposes (optional);

| 5. | number of the licence; |
| --- | --- |

5.

number of the licence;

| 6. | photograph of the holder; |
| --- | --- |

6.

photograph of the holder;

| 7. | signature of the holder; |
| --- | --- |

7.

signature of the holder;

| 8. | permanent place of residence, or postal address (optional); |
| --- | --- |

8.

permanent place of residence, or postal address (optional);

| 9. | category of vehicle(s) the holder is entitled to drive (national categories shall be printed in a different type from harmonised categories); |
| --- | --- |

9.

category of vehicle(s) the holder is entitled to drive (national categories shall be printed in a different type from harmonised categories);

| (e) | the words ‘European Communities model’ in the language(s) of the Member State issuing the licence and the words ‘Driving Licence’ in the other languages of the Community, printed in pink to form the background of the licence: | Permiso de Conducción |
| --- | --- | --- |

(e)

the words ‘European Communities model’ in the language(s) of the Member State issuing the licence and the words ‘Driving Licence’ in the other languages of the Community, printed in pink to form the background of the licence:

Permiso de Conducción

| | Řidičský průkaz |
| --- | --- |

Řidičský průkaz

| | Kørekort |
| --- | --- |

Kørekort

| | Führerschein |
| --- | --- |

Führerschein

| | Juhiluba |
| --- | --- |

Juhiluba

| | Άδεια Οδήγησης |
| --- | --- |

Άδεια Οδήγησης

| | Driving Licence |
| --- | --- |

Driving Licence

| | Permis de conduire |
| --- | --- |

Permis de conduire

| | Ceadúnas Tiomána |
| --- | --- |

Ceadúnas Tiomána

| | Patente di guida |
| --- | --- |

Patente di guida

| | Vadītāja apliecība |
| --- | --- |

Vadītāja apliecība

| | Vairuotojo pažymėjimas |
| --- | --- |

Vairuotojo pažymėjimas

| | Vezetői engedély |
| --- | --- |

Vezetői engedély

| | Liċenzja tas-Sewqan |
| --- | --- |

Liċenzja tas-Sewqan

| | Rijbewijs |
| --- | --- |

Rijbewijs

| | Prawo Jazdy |
| --- | --- |

Prawo Jazdy

| | Carta de Condução |
| --- | --- |

Carta de Condução

| | Vodičský preukaz |
| --- | --- |

Vodičský preukaz

| | Vozniško dovoljenje |
| --- | --- |

Vozniško dovoljenje

| | Ajokortti |
| --- | --- |

Ajokortti

| | Körkort; |
| --- | --- |

Körkort;

| (f) | Colour references:






  — | blue: Pantone Reflex Blue, |
| --- | --- | --- |

(f)

Colour references:

—

blue: Pantone Reflex Blue,

| — | yellow: Pantone Yellow. |
| --- | --- |

—

yellow: Pantone Yellow.

Page 2 shall contain:

| (a) | 9. | category of vehicle(s) the holder is entitled to drive (national categories shall be printed in a different type from harmonised categories); |
| --- | --- | --- |

(a)

9.

category of vehicle(s) the holder is entitled to drive (national categories shall be printed in a different type from harmonised categories);

| 10. | date of first issue of each category (this date must be repeated on the new licence in the event of subsequent replacement or exchange); |
| --- | --- |

10.

date of first issue of each category (this date must be repeated on the new licence in the event of subsequent replacement or exchange);

| 11. | date of expiry of each category; |
| --- | --- |

11.

date of expiry of each category;

| 12. | additional information/restriction(s), in code form, facing the (sub)category affected. |
| --- | --- |

12.

additional information/restriction(s), in code form, facing the (sub)category affected.

The codes shall be as follows:

| — | codes 01 to 99 | : | harmonised Community codes |
| --- | --- | --- | --- |

—

codes 01 to 99

:

harmonised Community codes

DRIVER (Medical reasons)

| 01. | Sight correction and/or protection






  01.01 | Glasses |
| --- | --- | --- |

01.

Sight correction and/or protection

01.01

Glasses

| 01.02 | Contact lense(s) |
| --- | --- |

01.02

Contact lense(s)

| 01.03 | Protective glass |
| --- | --- |

01.03

Protective glass

| 01.04 | Opaque lense |
| --- | --- |

01.04

Opaque lense

| 01.05 | Eye cover |
| --- | --- |

01.05

Eye cover

| 01.06 | Glasses or contact lenses |
| --- | --- |

01.06

Glasses or contact lenses

| 02. | Hearing aid/communication aid






  02.01 | Hearing aid for one ear |
| --- | --- | --- |

02.

Hearing aid/communication aid

02.01

Hearing aid for one ear

| 02.02 | Hearing aid for two ears |
| --- | --- |

02.02

Hearing aid for two ears

| 03. | Prosthesis/orthosis for the limbs






  03.01 | Upper limb prosthesis/orthosis |
| --- | --- | --- |

03.

Prosthesis/orthosis for the limbs

03.01

Upper limb prosthesis/orthosis

| 03.02 | Lower limb prosthesis/orthosis |
| --- | --- |

03.02

Lower limb prosthesis/orthosis

| 05. | Limited use (subcode use obligatory, driving subject to restrictions for medical reasons)






  05.01 | Limited to day time journeys (for example: one hour after sunrise and one hour before sunset) |
| --- | --- | --- |

05.

Limited use (subcode use obligatory, driving subject to restrictions for medical reasons)

05.01

Limited to day time journeys (for example: one hour after sunrise and one hour before sunset)

| 05.02 | Limited to journeys within a radius of ... km from holder's place of residence or only inside city/region |
| --- | --- |

05.02

Limited to journeys within a radius of ... km from holder's place of residence or only inside city/region

| 05.03 | Driving without passengers |
| --- | --- |

05.03

Driving without passengers

| 05.04 | Limited to journeys with a speed not greater than ... km/h |
| --- | --- |

05.04

Limited to journeys with a speed not greater than ... km/h

| 05.05 | Driving authorised solely when accompanied by a holder of a driving licence |
| --- | --- |

05.05

Driving authorised solely when accompanied by a holder of a driving licence

| 05.06 | Without trailer |
| --- | --- |

05.06

Without trailer

| 05.07 | No driving on motorways |
| --- | --- |

05.07

No driving on motorways

| 05.08 | No alcohol |
| --- | --- |

05.08

No alcohol

VEHICLE ADAPTATIONS

| 10. | Modified transmission






  10.01 | Manual transmission |
| --- | --- | --- |

10.

Modified transmission

10.01

Manual transmission

| 10.02 | Automatic transmission |
| --- | --- |

10.02

Automatic transmission

| 10.03 | Electronically operated transmission |
| --- | --- |

10.03

Electronically operated transmission

| 10.04 | Adjusted gear-shift lever |
| --- | --- |

10.04

Adjusted gear-shift lever

| 10.05 | Without secondary gearbox |
| --- | --- |

10.05

Without secondary gearbox

| 15. | Modified clutch






  15.01 | Adjusted gear-shift lever |
| --- | --- | --- |

15.

Modified clutch

15.01

Adjusted gear-shift lever

| 15.02 | Manual clutch |
| --- | --- |

15.02

Manual clutch

| 15.03 | Automatic clutch |
| --- | --- |

15.03

Automatic clutch

| 15.04 | Partitioning in front of/fold away/detached clutch pedal |
| --- | --- |

15.04

Partitioning in front of/fold away/detached clutch pedal

| 20. | Modified braking systems






  20.01 | Adjusted brake pedal |
| --- | --- | --- |

20.

Modified braking systems

20.01

Adjusted brake pedal

| 20.02 | Enlarged brake pedal |
| --- | --- |

20.02

Enlarged brake pedal

| 20.03 | Brake pedal suitable for use by left foot |
| --- | --- |

20.03

Brake pedal suitable for use by left foot

| 20.04 | Brake pedal by sole |
| --- | --- |

20.04

Brake pedal by sole

| 20.05 | Tilted brake pedal |
| --- | --- |

20.05

Tilted brake pedal

| 20.06 | Manual (adapted) service brake |
| --- | --- |

20.06

Manual (adapted) service brake

| 20.07 | Maximum use of reinforced service brake |
| --- | --- |

20.07

Maximum use of reinforced service brake

| 20.08 | Maximum use of emergency brake integrated in the service brake |
| --- | --- |

20.08

Maximum use of emergency brake integrated in the service brake

| 20.09 | Adjusted parking brake |
| --- | --- |

20.09

Adjusted parking brake

| 20.10 | Electrically operated parking brake |
| --- | --- |

20.10

Electrically operated parking brake

| 20.11 | (Adjusted) foot operated parking brake |
| --- | --- |

20.11

(Adjusted) foot operated parking brake

| 20.12 | Partitioning in front of/fold away/detached brake pedal |
| --- | --- |

20.12

Partitioning in front of/fold away/detached brake pedal

| 20.13 | Brake operated by knee |
| --- | --- |

20.13

Brake operated by knee

| 20.14 | Electrically operated service brake |
| --- | --- |

20.14

Electrically operated service brake

| 25. | Modified accelerator systems






  25.01 | Adjusted accelerator pedal |
| --- | --- | --- |

25.

Modified accelerator systems

25.01

Adjusted accelerator pedal

| 25.02 | Accelerator pedal by sole |
| --- | --- |

25.02

Accelerator pedal by sole

| 25.03 | Tilted accelerator pedal |
| --- | --- |

25.03

Tilted accelerator pedal

| 25.04 | Manual accelerator |
| --- | --- |

25.04

Manual accelerator

| 25.05 | Accelerator at knee |
| --- | --- |

25.05

Accelerator at knee

| 25.06 | Servo accelerator (electronic, pneumatic, etc.) |
| --- | --- |

25.06

Servo accelerator (electronic, pneumatic, etc.)

| 25.07 | Accelerator pedal on the left of brake pedal |
| --- | --- |

25.07

Accelerator pedal on the left of brake pedal

| 25.08 | Accelerator pedal on the left |
| --- | --- |

25.08

Accelerator pedal on the left

| 25.09 | Partitioning in front of/fold away/detached accelerator pedal |
| --- | --- |

25.09

Partitioning in front of/fold away/detached accelerator pedal

| 30. | Modified combined braking and accelerator systems






  30.01 | Parallel pedals |
| --- | --- | --- |

30.

Modified combined braking and accelerator systems

30.01

Parallel pedals

| 30.02 | Pedals at (or almost at) the same level |
| --- | --- |

30.02

Pedals at (or almost at) the same level

| 30.03 | Accelerator and brake with sliding |
| --- | --- |

30.03

Accelerator and brake with sliding

| 30.04 | Accelerator and brake with sliding and orthesis |
| --- | --- |

30.04

Accelerator and brake with sliding and orthesis

| 30.05 | Fold away/detached accelerator and brake pedals |
| --- | --- |

30.05

Fold away/detached accelerator and brake pedals

| 30.06 | Raised floor |
| --- | --- |

30.06

Raised floor

| 30.07 | Partitioning on the side of the brake pedal |
| --- | --- |

30.07

Partitioning on the side of the brake pedal

| 30.08 | Partitioning for prosthesis on the side of the brake pedal |
| --- | --- |

30.08

Partitioning for prosthesis on the side of the brake pedal

| 30.09 | Partitioning in front of the accelerator and brake pedals |
| --- | --- |

30.09

Partitioning in front of the accelerator and brake pedals

| 30.10 | Heel/leg support |
| --- | --- |

30.10

Heel/leg support

| 30.11 | Electrically operated accelerator and brake |
| --- | --- |

30.11

Electrically operated accelerator and brake

| 35. | Modified control layouts
  (Lights switches, windscreen wiper/washer, horn, direction indicators, etc.)






  35.01 | Control devices operable without negative influence on the steering and handling |
| --- | --- | --- |

35.

Modified control layouts

(Lights switches, windscreen wiper/washer, horn, direction indicators, etc.)

35.01

Control devices operable without negative influence on the steering and handling

| 35.02 | Control devices operable without releasing the steering wheel and accessories (knob, fork, etc.) |
| --- | --- |

35.02

Control devices operable without releasing the steering wheel and accessories (knob, fork, etc.)

| 35.03 | Control devices operable without releasing the steering wheel and accessories (knob, fork, etc.) with the left hand |
| --- | --- |

35.03

Control devices operable without releasing the steering wheel and accessories (knob, fork, etc.) with the left hand

| 35.04 | Control devices operable without releasing the steering wheel and accessories (knob, fork, etc.) with the right hand |
| --- | --- |

35.04

Control devices operable without releasing the steering wheel and accessories (knob, fork, etc.) with the right hand

| 35.05 | Control devices operable without releasing the steering wheel and accessories (knob, fork, etc.) and the combined accelerator and braking mechanismss |
| --- | --- |

35.05

Control devices operable without releasing the steering wheel and accessories (knob, fork, etc.) and the combined accelerator and braking mechanismss

| 40. | Modified steering






  40.01 | Standard assisted steering |
| --- | --- | --- |

40.

Modified steering

40.01

Standard assisted steering

| 40.02 | Reinforced assisted steering |
| --- | --- |

40.02

Reinforced assisted steering

| 40.03 | Steering with backup system |
| --- | --- |

40.03

Steering with backup system

| 40.04 | Lengthened steering column |
| --- | --- |

40.04

Lengthened steering column

| 40.05 | Adjusted steering wheel (Larger and/or thicker steering wheel section, reduced diameter steering wheel, etc.) |
| --- | --- |

40.05

Adjusted steering wheel (Larger and/or thicker steering wheel section, reduced diameter steering wheel, etc.)

| 40.06 | Tilted steering wheel |
| --- | --- |

40.06

Tilted steering wheel

| 40.07 | Vertical steering wheel |
| --- | --- |

40.07

Vertical steering wheel

| 40.08 | Horizontal steering wheel |
| --- | --- |

40.08

Horizontal steering wheel

| 40.09 | Foot operated driving |
| --- | --- |

40.09

Foot operated driving

| 40.10 | Alternative adjusted steering (joy-stick, etc.) |
| --- | --- |

40.10

Alternative adjusted steering (joy-stick, etc.)

| 40.11 | Knob on the steering wheel |
| --- | --- |

40.11

Knob on the steering wheel

| 40.12 | Hand orthesis on the steering wheel |
| --- | --- |

40.12

Hand orthesis on the steering wheel

| 40.13 | With orthesis tenodese |
| --- | --- |

40.13

With orthesis tenodese

| 42. | Modified rearview mirror(s)






  42.01 | External (left or) right-side rear-view mirror |
| --- | --- | --- |

42.

Modified rearview mirror(s)

42.01

External (left or) right-side rear-view mirror

| 42.02 | External rear-view mirror set on the wing |
| --- | --- |

42.02

External rear-view mirror set on the wing

| 42.03 | Additional inside rear-view mirror permitting view of traffic |
| --- | --- |

42.03

Additional inside rear-view mirror permitting view of traffic

| 42.04 | Panoramic inside rear-view mirror |
| --- | --- |

42.04

Panoramic inside rear-view mirror

| 42.05 | Blind spot rear-view mirror |
| --- | --- |

42.05

Blind spot rear-view mirror

| 42.06 | Electrically operated outside rear-view mirror(s) |
| --- | --- |

42.06

Electrically operated outside rear-view mirror(s)

| 43. | Modified driver seat






  43.01 | Driver seat at a good viewing height and in normal distance from the steering wheel and the pedal |
| --- | --- | --- |

43.

Modified driver seat

43.01

Driver seat at a good viewing height and in normal distance from the steering wheel and the pedal

| 43.02 | Driver seat adjusted to body shape |
| --- | --- |

43.02

Driver seat adjusted to body shape

| 43.03 | Driver seat with lateral support for good sitting stability |
| --- | --- |

43.03

Driver seat with lateral support for good sitting stability

| 43.04 | Driver seat with armrest |
| --- | --- |

43.04

Driver seat with armrest

| 43.05 | Lengthening of sliding driver's seat |
| --- | --- |

43.05

Lengthening of sliding driver's seat

| 43.06 | Seat-belt adjustment |
| --- | --- |

43.06

Seat-belt adjustment

| 43.07 | Harness-type seat-belt |
| --- | --- |

43.07

Harness-type seat-belt

| 44. | Modifications to motorcycles (subcode use obligatory)






  44.01 | Single operated brake |
| --- | --- | --- |

44.

Modifications to motorcycles (subcode use obligatory)

44.01

Single operated brake

| 44.02 | (Adjusted) hand operated brake (front wheel) |
| --- | --- |

44.02

(Adjusted) hand operated brake (front wheel)

| 44.03 | (Adjusted) foot operated brake (back wheel) |
| --- | --- |

44.03

(Adjusted) foot operated brake (back wheel)

| 44.04 | (Adjusted) accelerator handle |
| --- | --- |

44.04

(Adjusted) accelerator handle

| 44.05 | (Adjusted) manual transmission and manual clutch |
| --- | --- |

44.05

(Adjusted) manual transmission and manual clutch

| 44.06 | (Adjusted) rear-view mirror(s) |
| --- | --- |

44.06

(Adjusted) rear-view mirror(s)

| 44.07 | (Adjusted) commands (direction indicators, braking light, ...) |
| --- | --- |

44.07

(Adjusted) commands (direction indicators, braking light, ...)

| 44.08 | Seat height allowing the driver, in sitting position, to have two feet on the road at the same time |
| --- | --- |

44.08

Seat height allowing the driver, in sitting position, to have two feet on the road at the same time

| 45. | Motorcycle with side-car only |
| --- | --- |

45.

Motorcycle with side-car only

| 50. | Restricted to a specific vehicle/chassis number (vehicle identification number, VIN) |
| --- | --- |

50.

Restricted to a specific vehicle/chassis number (vehicle identification number, VIN)

| 51. | Restricted to a specific vehicle/registration plate (vehicle registration number, VRN) |
| --- | --- |

51.

Restricted to a specific vehicle/registration plate (vehicle registration number, VRN)

ADMINISTRATIVE MATTERS

| 70. | Exchange of licence No ... issued by ... (EU/UN distinguishing sign in the case of a third country; e.g. 70.0123456789.NL) |
| --- | --- |

70.

Exchange of licence No ... issued by ... (EU/UN distinguishing sign in the case of a third country; e.g. 70.0123456789.NL)

| 71. | Duplicate of licence No ... (EU/UN distinguishing sign in the case of a third country; e.g. 71.987654321.HR) |
| --- | --- |

71.

Duplicate of licence No ... (EU/UN distinguishing sign in the case of a third country; e.g. 71.987654321.HR)

| 72. | Restricted to category A vehicles having a maximum cylinder capacity of 125 cc and maximum power of 11 KW (A1) |
| --- | --- |

72.

Restricted to category A vehicles having a maximum cylinder capacity of 125 cc and maximum power of 11 KW (A1)

| 73. | Restricted to category B vehicles of the motor tricycle or quadricycle type (B1) |
| --- | --- |

73.

Restricted to category B vehicles of the motor tricycle or quadricycle type (B1)

| 74. | Restricted to category C vehicles the maximum authorised mass of which does not exceed 7 500 kg (C1) |
| --- | --- |

74.

Restricted to category C vehicles the maximum authorised mass of which does not exceed 7 500 kg (C1)

| 75. | Restricted to category D vehicles with not more than 16 seats, excluding the driver's seat (D1) |
| --- | --- |

75.

Restricted to category D vehicles with not more than 16 seats, excluding the driver's seat (D1)

| 76. | Restricted to category C vehicles the maximum authorised mass of which does not exceed 7 500 kg (C1), attached to a trailer the maximum authorised mass of which exceeds 750 kg, provided that the maximum authorised mass of the vehicle train thus formed does not exceed 12 000 kg, and that the maximum authorised mass of the trailer does not exceed the unladen mass of the drawing vehicle (C1E) |
| --- | --- |

76.

Restricted to category C vehicles the maximum authorised mass of which does not exceed 7 500 kg (C1), attached to a trailer the maximum authorised mass of which exceeds 750 kg, provided that the maximum authorised mass of the vehicle train thus formed does not exceed 12 000 kg, and that the maximum authorised mass of the trailer does not exceed the unladen mass of the drawing vehicle (C1E)

| 77. | Restricted to category D vehicles with not more than 16 passenger seats, excluding the driver's seat (D1), attached to a trailer the maximum authorised mass of which exceeds 750 kg provided that (a) the maximum authorised mass of the vehicle train thus formed does not exceed 12 000 kg and the maximum authorised mass of the trailer does not exceed the unladen mass of the drawing vehicle and (b) the trailer is not used to carry passengers (D1E) |
| --- | --- |

77.

Restricted to category D vehicles with not more than 16 passenger seats, excluding the driver's seat (D1), attached to a trailer the maximum authorised mass of which exceeds 750 kg provided that (a) the maximum authorised mass of the vehicle train thus formed does not exceed 12 000 kg and the maximum authorised mass of the trailer does not exceed the unladen mass of the drawing vehicle and (b) the trailer is not used to carry passengers (D1E)

| 78. | Restricted to vehicles with automatic transmission |
| --- | --- |

78.

Restricted to vehicles with automatic transmission

| 79. | (...) Restricted to vehicles which comply with the specifications indicated in brackets, in the context of the application of Article 10(1) of Directive 91/439/EEC







  90.01 | : | to the left |
| --- | --- | --- | --- |
| 90.02 | : | to the right |
| 90.03 | : | left |
| 90.04 | : | right |
| 90.05 | : | hand |
| 90.06 | : | foot |
| 90.07 | : | usable |

79.

(...) Restricted to vehicles which comply with the specifications indicated in brackets, in the context of the application of Article 10(1) of Directive 91/439/EEC

90.01

:

to the left

90.02

:

to the right

90.03

:

left

90.04

:

right

90.05

:

hand

90.06

:

foot

90.07

:

usable

| 95. | Driver holding CPC meeting the obligation of professional aptitude provided for by Directive 2003/59/EC until ... [e.g. 95.01.01.2012] |
| --- | --- |

95.

Driver holding CPC meeting the obligation of professional aptitude provided for by Directive 2003/59/EC until ... [e.g. 95.01.01.2012]

| 96. | Driver having completed training or having passed a test of skills and behaviour in accordance with the provisions of Annex V. |
| --- | --- |

96.

Driver having completed training or having passed a test of skills and behaviour in accordance with the provisions of Annex V.

| — | codes 100 and above | : | national codes valid only for driving in the territory of the Member State which issued the licence. |
| --- | --- | --- | --- |

—

codes 100 and above

:

national codes valid only for driving in the territory of the Member State which issued the licence.

Where a code applies to all categories for which the licence is issued, it may be printed under headings 9, 10 and 11;

| 13. | in implementation of section 4(a) of this Annex, a space reserved for the possible entry by the host Member State of information essential for administering the licence; |
| --- | --- |

13.

in implementation of section 4(a) of this Annex, a space reserved for the possible entry by the host Member State of information essential for administering the licence;

| 14. | a space reserved for the possible entry by the Member State which issues the licence of information essential for administering the licence or related to road safety (optional). If the information relates to one of the headings defined in this Annex, it should be preceded by the number of the heading in question.
  With the specific written agreement of the holder, information which is not related to the administration of the driving licence or road safety may also be added in this space; such addition shall not alter in any way the use of the model as a driving licence; |
| --- | --- |

14.

a space reserved for the possible entry by the Member State which issues the licence of information essential for administering the licence or related to road safety (optional). If the information relates to one of the headings defined in this Annex, it should be preceded by the number of the heading in question.

With the specific written agreement of the holder, information which is not related to the administration of the driving licence or road safety may also be added in this space; such addition shall not alter in any way the use of the model as a driving licence;

| (b) | an explanation of the numbered items which appear on pages 1 and 2 of the licence (at least items 1, 2, 3, 4 (a), 4 (b), 4 (c), 5, 10, 11 and 12).
  If a Member State wishes to make the entries in a national language other than one of the following languages: Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish or Swedish, it shall draw up a bilingual version of the licence using one of the aforementioned languages, without prejudice to the other provisions of this Annex; |
| --- | --- |

(b)

an explanation of the numbered items which appear on pages 1 and 2 of the licence (at least items 1, 2, 3, 4 (a), 4 (b), 4 (c), 5, 10, 11 and 12).

If a Member State wishes to make the entries in a national language other than one of the following languages: Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish or Swedish, it shall draw up a bilingual version of the licence using one of the aforementioned languages, without prejudice to the other provisions of this Annex;

| (c) | a space shall be reserved on the Community model licence to allow for the possible introduction of a microchip or similar computer device. |
| --- | --- |

(c)

a space shall be reserved on the Community model licence to allow for the possible introduction of a microchip or similar computer device.

| 4. | Special provisions






  (a) | Where the holder of a driving licence issued by a Member State in accordance with this Annex has his normal place of residence in another Member State, that Member State may enter in the licence such information as is essential for administering it, provided that it also enters this type of information in the licences which it issues and provided that there remains enough space for the purpose. |
| --- | --- | --- |

4.

Special provisions

(a)

Where the holder of a driving licence issued by a Member State in accordance with this Annex has his normal place of residence in another Member State, that Member State may enter in the licence such information as is essential for administering it, provided that it also enters this type of information in the licences which it issues and provided that there remains enough space for the purpose.

| (b) | After consulting the Commission, Member States may add colours or markings, such as bar codes and national symbols, without prejudice to the other provisions of this Annex.
  In the context of mutual recognition of licences, the bar code may not contain information other than what can already be read on the driving licence or which is essential to the process of issuing the licence. |
| --- | --- |

(b)

After consulting the Commission, Member States may add colours or markings, such as bar codes and national symbols, without prejudice to the other provisions of this Annex.

In the context of mutual recognition of licences, the bar code may not contain information other than what can already be read on the driving licence or which is essential to the process of issuing the licence.

COMMUNITY MODEL DRIVING LICENCE

Page 1   DRIVING LICENCE ... [MEMBER STATE]

Image

Page 2   1. Name 2. First name 3. Date and place of birth 4a. Date of issue of driving licence 4b. Official date of expiry 4c. Issued by 5. Serial number of licence 8. Place of residence 9. (1) Category 10. Date of issue, by category 11. Date of expiry, by category 12. Restrictions

Image

SPECIMEN MODEL LICENCE

Belgian licence (for information)

---

(1)

Note: a pictogram and a line for category AM will be added.

Note: the term ‘A2’ will be added to the section on motorcycle categories.

ANNEX II

I.   MINIMUM REQUIREMENTS FOR DRIVING TESTS

Member States shall take the necessary measures to ensure that applicants for driving licences possess the knowledge and skills and exhibit the behaviour required for driving a motor vehicle. The tests introduced to this effect must consist of:

| — | a theory test, and then |
| --- | --- |

—

a theory test, and then

| — | a test of skills and behaviour. |
| --- | --- |

—

a test of skills and behaviour.

The conditions under which these tests shall be conducted are set out below.

A.   THEORY TEST

1.   Form

The form chosen shall be such as to make sure that the applicant has the required knowledge of the subjects listed on points 2, 3 and 4.

Any applicant for a licence in one category who has passed a theory test for a licence in a different category may be exempt from the common provisions of points 2, 3 and 4.

2.   Content of the theory test concerning all vehicle categories

2.1.   Questions must be asked on each of the points listed below, the content and form of the questions being left to the discretion of each Member State:

| 2.1.1. | Road traffic regulations:






  — | in particular as regards road signs, markings and signals, rights of way and speed limits; |
| --- | --- | --- |

2.1.1.

Road traffic regulations:

—

in particular as regards road signs, markings and signals, rights of way and speed limits;

| 2.1.2. | The driver:






  — | importance of alertness and of attitude to other road users, |
| --- | --- | --- |

2.1.2.

The driver:

—

importance of alertness and of attitude to other road users,

| — | perception, judgement and decision-taking, especially reaction time, as well as changes in driving behaviour due to the influence of alcohol, drugs and medicinal products, state of mind and fatigue; |
| --- | --- |

—

perception, judgement and decision-taking, especially reaction time, as well as changes in driving behaviour due to the influence of alcohol, drugs and medicinal products, state of mind and fatigue;

| 2.1.3. | The road:






  — | the most important principles concerning the observance of a safe distance between vehicles, braking distances and road holding under various weather and road conditions, |
| --- | --- | --- |

2.1.3.

The road:

—

the most important principles concerning the observance of a safe distance between vehicles, braking distances and road holding under various weather and road conditions,

| — | driving risk factors related to various road conditions, in particular as they change with the weather and the time of day or night, |
| --- | --- |

—

driving risk factors related to various road conditions, in particular as they change with the weather and the time of day or night,

| — | characteristics of various types of road and the related statutory requirements; |
| --- | --- |

—

characteristics of various types of road and the related statutory requirements;

| 2.1.4. | Other road users:






  — | specific risk factors related to the lack of experience of other road users and the most vulnerable categories of users such as children, pedestrians, cyclists and people whose mobility is reduced, |
| --- | --- | --- |

2.1.4.

Other road users:

—

specific risk factors related to the lack of experience of other road users and the most vulnerable categories of users such as children, pedestrians, cyclists and people whose mobility is reduced,

| — | risks involved in the movement and driving of various types of vehicles and of the different fields of view of their drivers; |
| --- | --- |

—

risks involved in the movement and driving of various types of vehicles and of the different fields of view of their drivers;

| 2.1.5. | General rules and regulations and other matters:






  — | rules concerning the administrative documents required for the use of vehicles, |
| --- | --- | --- |

2.1.5.

General rules and regulations and other matters:

—

rules concerning the administrative documents required for the use of vehicles,

| — | general rules specifying how the driver must behave in the event of an accident (setting warning devices and raising the alarm) and the measures which he can take to assist road accident victims where necessary, |
| --- | --- |

—

general rules specifying how the driver must behave in the event of an accident (setting warning devices and raising the alarm) and the measures which he can take to assist road accident victims where necessary,

| — | safety factors relating to the vehicle, the load and persons carried; |
| --- | --- |

—

safety factors relating to the vehicle, the load and persons carried;

| 2.1.6. | Precautions necessary when alighting from the vehicle; |
| --- | --- |

2.1.6.

Precautions necessary when alighting from the vehicle;

| 2.1.7. | Mechanical aspects with a bearing on road safety; applicants must be able to detect the most common faults, in particular in the steering, suspension and braking systems, tyres, lights and direction indicators, reflectors, rear-view mirrors, windscreen and wipers, the exhaust system, seat-belts and the audible warning device; |
| --- | --- |

2.1.7.

Mechanical aspects with a bearing on road safety; applicants must be able to detect the most common faults, in particular in the steering, suspension and braking systems, tyres, lights and direction indicators, reflectors, rear-view mirrors, windscreen and wipers, the exhaust system, seat-belts and the audible warning device;

| 2.1.8. | Vehicle safety equipment and, in particular, the use of seat-belts, head restraints and child safety equipment; |
| --- | --- |

2.1.8.

Vehicle safety equipment and, in particular, the use of seat-belts, head restraints and child safety equipment;

| 2.1.9. | Rules regarding vehicle use in relation to the environment (appropriate use of audible warning devices, moderate fuel consumption, limitation of pollutant emissions, etc.). |
| --- | --- |

2.1.9.

Rules regarding vehicle use in relation to the environment (appropriate use of audible warning devices, moderate fuel consumption, limitation of pollutant emissions, etc.).

3.   Specific provisions concerning categories A1, A2 and A

3.1.   Compulsory check of general knowledge on:

| 3.1.1. | Use of protective outfit such as gloves, boots, clothes and safety helmet; |
| --- | --- |

3.1.1.

Use of protective outfit such as gloves, boots, clothes and safety helmet;

| 3.1.2. | Visibility of motorcycle riders for other road users; |
| --- | --- |

3.1.2.

Visibility of motorcycle riders for other road users;

| 3.1.3. | Risk factors related to various road conditions as laid down above with additional attention to slippery parts such as drain covers, road markings such as lines and arrows, tram rails; |
| --- | --- |

3.1.3.

Risk factors related to various road conditions as laid down above with additional attention to slippery parts such as drain covers, road markings such as lines and arrows, tram rails;

| 3.1.4. | Mechanical aspects with a bearing on road safety as laid down above with additional attention to the emergency stop switch, the oil levels and the chain. |
| --- | --- |

3.1.4.

Mechanical aspects with a bearing on road safety as laid down above with additional attention to the emergency stop switch, the oil levels and the chain.

4.   Specific provisions concerning categories C, CE, C1, C1E, D, DE, D1 and D1E

4.1.   Compulsory check of general knowledge on:

| 4.1.1. | Rules on driving hours and rest periods as defined by Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport (1); use of the recording equipment as defined by Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (2); |
| --- | --- |

4.1.1.

Rules on driving hours and rest periods as defined by Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport (1); use of the recording equipment as defined by Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (2);

| 4.1.2. | Rules concerning the type of transport concerned: goods or passengers; |
| --- | --- |

4.1.2.

Rules concerning the type of transport concerned: goods or passengers;

| 4.1.3. | Vehicle and transport documents required for the national and international carriage of goods and passengers; |
| --- | --- |

4.1.3.

Vehicle and transport documents required for the national and international carriage of goods and passengers;

| 4.1.4. | How to behave in the event of an accident; knowledge of measures to be taken after an accident or similar occurrence, including emergency action such as evacuation of passengers and basic knowledge of first aid; |
| --- | --- |

4.1.4.

How to behave in the event of an accident; knowledge of measures to be taken after an accident or similar occurrence, including emergency action such as evacuation of passengers and basic knowledge of first aid;

| 4.1.5. | The precautions to be taken during the removal and replacement of wheels; |
| --- | --- |

4.1.5.

The precautions to be taken during the removal and replacement of wheels;

| 4.1.6. | Rules on vehicle weights and dimensions; rules on speed limiters; |
| --- | --- |

4.1.6.

Rules on vehicle weights and dimensions; rules on speed limiters;

| 4.1.7. | Obstruction of the field of view caused by the characteristics of their vehicles; |
| --- | --- |

4.1.7.

Obstruction of the field of view caused by the characteristics of their vehicles;

| 4.1.8. | Reading a road map, route planning, including the use of electronic navigation systems (optional); |
| --- | --- |

4.1.8.

Reading a road map, route planning, including the use of electronic navigation systems (optional);

| 4.1.9. | Safety factors relating to vehicle loading: controlling the load (stowing and fastening), difficulties with different kinds of load (e.g. liquids, hanging loads, ...), loading and unloading goods and the use of loading equipment (categories C, CE, C1, C1E only); |
| --- | --- |

4.1.9.

Safety factors relating to vehicle loading: controlling the load (stowing and fastening), difficulties with different kinds of load (e.g. liquids, hanging loads, ...), loading and unloading goods and the use of loading equipment (categories C, CE, C1, C1E only);

| 4.1.10. | The driver's responsibility in respect to the carriage of passengers; comfort and safety of passengers; transport of children; necessary checks before driving away; all sorts of buses should be part of the theory test (public service buses and coaches, buses with special dimensions, ...) (categories D, DE, D1, D1E only). |
| --- | --- |

4.1.10.

The driver's responsibility in respect to the carriage of passengers; comfort and safety of passengers; transport of children; necessary checks before driving away; all sorts of buses should be part of the theory test (public service buses and coaches, buses with special dimensions, ...) (categories D, DE, D1, D1E only).

4.2.   Compulsory check of general knowledge on the following additional provisions concerning categories C, CE, D and DE:

| 4.2.1. | The principles of the construction and functioning of: internal combustion engines, fluids (e.g. engine oil, coolant, washer fluid), the fuel system, the electrical system, the ignition system, the transmission system (clutch, gearbox, etc.); |
| --- | --- |

4.2.1.

The principles of the construction and functioning of: internal combustion engines, fluids (e.g. engine oil, coolant, washer fluid), the fuel system, the electrical system, the ignition system, the transmission system (clutch, gearbox, etc.);

| 4.2.2. | Lubrication and antifreeze protection; |
| --- | --- |

4.2.2.

Lubrication and antifreeze protection;

| 4.2.3. | The principles of the construction, the fitting, correct use and care of tyres; |
| --- | --- |

4.2.3.

The principles of the construction, the fitting, correct use and care of tyres;

| 4.2.4. | The principles of the types, operation, main parts, connection, use and day-to-day maintenance of brake fittings and speed governors, and use of anti-lock brakes; |
| --- | --- |

4.2.4.

The principles of the types, operation, main parts, connection, use and day-to-day maintenance of brake fittings and speed governors, and use of anti-lock brakes;

| 4.2.5. | The principles of the types, operation, main parts, connection, use and day-to-day maintenance of coupling systems (categories CE, DE only); |
| --- | --- |

4.2.5.

The principles of the types, operation, main parts, connection, use and day-to-day maintenance of coupling systems (categories CE, DE only);

| 4.2.6. | Methods of locating causes of breakdowns; |
| --- | --- |

4.2.6.

Methods of locating causes of breakdowns;

| 4.2.7. | Preventive maintenance of vehicles and necessary running repairs; |
| --- | --- |

4.2.7.

Preventive maintenance of vehicles and necessary running repairs;

| 4.2.8. | The driver's responsibility in respect of the receipt, carriage and delivery of goods in accordance with the agreed conditions (categories C, CE only). |
| --- | --- |

4.2.8.

The driver's responsibility in respect of the receipt, carriage and delivery of goods in accordance with the agreed conditions (categories C, CE only).

B.   TEST OF SKILLS AND BEHAVIOUR

5.   The vehicle and its equipment

| 5.1. | The driving of a vehicle with manual transmission shall be subject to the passing of a skills and behaviour test taken on a vehicle with manual transmission.
  If an applicant takes the test of skills and behaviour on a vehicle with automatic transmission this shall be recorded on any licence issued on the basis of such a test. Licences with this indication shall be used only for driving vehicles with automatic transmission.
  ‘Vehicle with automatic transmission’ means a vehicle in which the gear ratio between the engine and the wheels can be varied by use only of the accelerator or the brakes. |
| --- | --- |

5.1.

The driving of a vehicle with manual transmission shall be subject to the passing of a skills and behaviour test taken on a vehicle with manual transmission.

If an applicant takes the test of skills and behaviour on a vehicle with automatic transmission this shall be recorded on any licence issued on the basis of such a test. Licences with this indication shall be used only for driving vehicles with automatic transmission.

‘Vehicle with automatic transmission’ means a vehicle in which the gear ratio between the engine and the wheels can be varied by use only of the accelerator or the brakes.

| 5.2. | The vehicles used in tests of skills and behaviour shall comply with the minimum criteria given below. Member States may make provisions for more stringent criteria or add others. |
| --- | --- |

5.2.

The vehicles used in tests of skills and behaviour shall comply with the minimum criteria given below. Member States may make provisions for more stringent criteria or add others.

Category A1:

Category A1 motorcycle without sidecar, with a cubic capacity of at least 120 cm3, and capable of a speed of at least 90 km/h;

Category A2:

Motorcycle without sidecar, with a cylinder capacity of at least 400 cm3, and an engine power of at least 25 kW;

Category A

Motorcycle without sidecar, with a cylinder capacity of at least 600 cm3, and an engine power of at least 40 kW;

Category B:

A four-wheeled category B vehicle capable of a speed of at least 100 km/h;

Category BE:

A combination, made up of a category B test vehicle and a trailer with a maximum authorised mass of at least 1 000 kg, capable of a speed of at least 100 km/h, which does not fall within category B; the cargo compartment of the trailer shall consist of a closed box body which is at least as wide and as high as the motor vehicle; the closed box body may also be slightly less wide than the motor vehicle provided that the view to the rear is only possible by use of the external rear-view mirrors of the motor vehicle; the trailer shall be presented with a minimum of 800 kg real total mass;

Category B1:

A motor-powered quadricycle capable of a speed of at least 60 km/h;

Category C:

A category C vehicle with a maximum authorised mass of at least 12 000 kg, a length of at least 8 m, a width of at least 2,40 m and capable of a speed of at least 80 km/h; fitted with anti-lock brakes, equipped with a gearbox having at least eight forward ratios and recording equipment as defined by Regulation (EEC) No 3821/85; the cargo compartment shall consist of a closed box body which is at least as wide and as high as the cab; the vehicle shall be presented with a minimum of 10 000 kg real total mass;

Category CE:

either an articulated vehicle or a combination of a category C test vehicle and a trailer of at least 7,5 m in length; both the articulated vehicle and the combination shall have a maximum authorised mass of at least 20 000 kg, a length of at least 14 m and a width of at least 2,40 m, shall be capable of a speed of at least 80 km/h, fitted with anti-lock brakes, equipped with a gearbox having at least eight forward ratios and with recording equipment as defined by Regulation (EEC) No 3821/85; the cargo compartment shall consist of a closed box body which is at least as wide and as high as the cab; both the articulated vehicle and the combination shall be presented with a minimum of 15 000 kg real total mass;

Category C1:

A subcategory C1 vehicle with a maximum authorised mass of at least 4 000 kg, with a length of at least 5 m and capable of a speed of at least 80 km/h; fitted with anti-lock brakes and equipped with recording equipment as defined by Regulation (EEC) No 3821/85; the cargo compartment shall consist of a closed box body which is at least as wide and as high as the cab;

Category C1E:

A combination made up of a subcategory C1 test vehicle and a trailer with a maximum authorised mass of at least 1 250 kg; this combination shall be at least 8 m in length and capable of a speed of at least 80 km/h; the cargo compartment of the trailer shall consist of a closed box body which is at least as wide and as high as the cab; the closed box body may also be slightly less wide than the cab provided that the view to the rear is only possible by use of the external rear-view mirrors of the motor vehicle; the trailer shall be presented with a minimum of 800 kg real total mass;

Category D:

A category D vehicle with a length of at least 10 m, a width of at least 2,40 m and capable of a speed of at least 80 km/h; fitted with anti-lock brakes and equipped with recording equipment as defined by Regulation (EEC) No 3821/85;

Category DE:

A combination made up of a category D test vehicle and a trailer with a maximum authorised mass of at least 1 250 kg, a width of at least 2,40 m and capable of a speed of at least 80 km/h; the cargo compartment of the trailer shall consist of a closed box body which is at least 2 m wide and 2 m high; the trailer shall be presented with a minimum of 800 kg real total mass;

Category D1:

A subcategory D1 vehicle with a maximum authorised mass of at least 4 000 kg, with a length of at least 5 m and capable of a speed of at least 80 km/h; fitted with anti-lock brakes and equipped with recording equipment as defined by Regulation (EEC) No 3821/85;

Category D1E:

A combination made up of a subcategory D1 test vehicle and a trailer with a maximum authorised mass of at least 1 250 kg and capable of a speed of at least 80 km/h; the cargo compartment of the trailer shall consist of a closed box body which is at least 2 m wide and 2 m high; the trailer shall be presented with a minimum of 800 kg real total mass;

Testing vehicles for categories BE, C, CE, C1, C1E, D, DE, D1 and D1E which are not in conformity with the minimum criteria given above but which were in use on or before the moment of entry into force of this Directive, may still be used for a period not exceeding ten years after that date. The requirements related to the load to be carried by these vehicles, may be implemented by Member States up to ten years from the moment of entry into force of Commission Directive 2000/56/EC (3).

6.   Skills and behaviour to be tested concerning categories A1, A2 and A

6.1.   Preparation and technical check of the vehicle with a bearing on road safety

Applicants must demonstrate that they are capable of preparing to ride safely by satisfying the following requirements:

| 6.1.1. | Adjust the protective outfit, such as gloves, boots, clothes and safety helmet; |
| --- | --- |

6.1.1.

Adjust the protective outfit, such as gloves, boots, clothes and safety helmet;

| 6.1.2. | Perform a random check on the condition of the tyres, brakes, steering, emergency stop switch (if applicable), chain, oil levels, lights, reflectors, direction indicators and audible warning device. |
| --- | --- |

6.1.2.

Perform a random check on the condition of the tyres, brakes, steering, emergency stop switch (if applicable), chain, oil levels, lights, reflectors, direction indicators and audible warning device.

6.2.   Special manoeuvres to be tested with a bearing on road safety

| 6.2.1. | Putting the motorcycle on and off its stand and moving it, without the aid of the engine, by walking alongside the vehicle; |
| --- | --- |

6.2.1.

Putting the motorcycle on and off its stand and moving it, without the aid of the engine, by walking alongside the vehicle;

| 6.2.2. | Parking the motorcycle on its stand; |
| --- | --- |

6.2.2.

Parking the motorcycle on its stand;

| 6.2.3. | At least two manoeuvres to be executed at slow speed, including a slalom; this should allow competence to be assessed in handling of the clutch in combination with the brake, balance, vision direction and position on the motorcycle and the position of the feet on the foot rests; |
| --- | --- |

6.2.3.

At least two manoeuvres to be executed at slow speed, including a slalom; this should allow competence to be assessed in handling of the clutch in combination with the brake, balance, vision direction and position on the motorcycle and the position of the feet on the foot rests;

| 6.2.4. | At least two manoeuvres to be executed at higher speed, of which one manoeuvre in second or third gear, at least 30 km/h and one manoeuvre avoiding an obstacle at a minimum speed of 50 km/h; this should allow competence to be assessed in the position on the motorcycle, vision direction, balance, steering technique and technique of changing gears; |
| --- | --- |

6.2.4.

At least two manoeuvres to be executed at higher speed, of which one manoeuvre in second or third gear, at least 30 km/h and one manoeuvre avoiding an obstacle at a minimum speed of 50 km/h; this should allow competence to be assessed in the position on the motorcycle, vision direction, balance, steering technique and technique of changing gears;

| 6.2.5. | Braking: at least two braking exercises shall be executed, including an emergency brake at a minimum speed of 50 km/h; this should allow competence to be assessed in handling of the front and rear brake, vision direction and the position on the motorcycle.
  The special manoeuvres mentioned under points 6.2.3 to 6.2.5 have to be implemented at the latest five years after entry into force of Directive 2000/56/EC. |
| --- | --- |

6.2.5.

Braking: at least two braking exercises shall be executed, including an emergency brake at a minimum speed of 50 km/h; this should allow competence to be assessed in handling of the front and rear brake, vision direction and the position on the motorcycle.

The special manoeuvres mentioned under points 6.2.3 to 6.2.5 have to be implemented at the latest five years after entry into force of Directive 2000/56/EC.

6.3.   Behaviour in traffic

Applicants must perform all the following actions in normal traffic situations, in complete safety and taking all necessary precautions:

| 6.3.1. | Riding away: after parking, after a stop in traffic; exiting a driveway; |
| --- | --- |

6.3.1.

Riding away: after parking, after a stop in traffic; exiting a driveway;

| 6.3.2. | Riding on straight roads; passing oncoming vehicles, including in confined spaces; |
| --- | --- |

6.3.2.

Riding on straight roads; passing oncoming vehicles, including in confined spaces;

| 6.3.3. | Riding round bends; |
| --- | --- |

6.3.3.

Riding round bends;

| 6.3.4. | Crossroads: approaching and crossing of intersections and junctions; |
| --- | --- |

6.3.4.

Crossroads: approaching and crossing of intersections and junctions;

| 6.3.5. | Changing direction: left and right turns; changing lanes; |
| --- | --- |

6.3.5.

Changing direction: left and right turns; changing lanes;

| 6.3.6. | Approach/exit of motorways or similar (if available): joining from the acceleration lane; leaving on the deceleration lane; |
| --- | --- |

6.3.6.

Approach/exit of motorways or similar (if available): joining from the acceleration lane; leaving on the deceleration lane;

| 6.3.7. | Overtaking/passing: overtaking other traffic (if possible); riding alongside obstacles, e.g. parked cars; being overtaken by other traffic (if appropriate); |
| --- | --- |

6.3.7.

Overtaking/passing: overtaking other traffic (if possible); riding alongside obstacles, e.g. parked cars; being overtaken by other traffic (if appropriate);

| 6.3.8. | Special road features (if available): roundabouts; railway level crossings; tram/bus stops; pedestrian crossings; riding up-/downhill on long slopes; |
| --- | --- |

6.3.8.

Special road features (if available): roundabouts; railway level crossings; tram/bus stops; pedestrian crossings; riding up-/downhill on long slopes;

| 6.3.9. | Taking the necessary precautions when getting off the vehicle. |
| --- | --- |

6.3.9.

Taking the necessary precautions when getting off the vehicle.

7.   Skills and behaviour to be tested concerning categories B, B1 and BE

7.1.   Preparation and technical check of the vehicle with a bearing on road safety

Applicants must demonstrate that they are capable of preparing to drive safely by satisfying the following requirements:

| 7.1.1. | Adjusting the seat as necessary to obtain a correct seated position; |
| --- | --- |

7.1.1.

Adjusting the seat as necessary to obtain a correct seated position;

| 7.1.2. | Adjusting rear-view mirrors, seat belts and head restraints if available; |
| --- | --- |

7.1.2.

Adjusting rear-view mirrors, seat belts and head restraints if available;

| 7.1.3. | Checking that the doors are closed; |
| --- | --- |

7.1.3.

Checking that the doors are closed;

| 7.1.4. | Performing a random check on the condition of the tyres, steering, brakes, fluids (e.g. engine oil, coolant, washer fluid), lights, reflectors, direction indicators and audible warning device; |
| --- | --- |

7.1.4.

Performing a random check on the condition of the tyres, steering, brakes, fluids (e.g. engine oil, coolant, washer fluid), lights, reflectors, direction indicators and audible warning device;

| 7.1.5. | Checking the safety factors relating to vehicle loading: body, sheets, cargo doors, cabin locking, way of loading, securing load (category BE only); |
| --- | --- |

7.1.5.

Checking the safety factors relating to vehicle loading: body, sheets, cargo doors, cabin locking, way of loading, securing load (category BE only);

| 7.1.6. | Checking the coupling mechanism and the brake and electrical connections (category BE only). |
| --- | --- |

7.1.6.

Checking the coupling mechanism and the brake and electrical connections (category BE only).

7.2.   Categories B and B1: special manoeuvres to be tested with a bearing on road safety

A selection of the following manoeuvres shall be tested (at least two manoeuvres for the four points, including one in reverse gear):

| 7.2.1. | Reversing in a straight line or reversing right or left round a corner while keeping within the correct traffic lane; |
| --- | --- |

7.2.1.

Reversing in a straight line or reversing right or left round a corner while keeping within the correct traffic lane;

| 7.2.2. | Turning the vehicle to face the opposite way, using forward and reverse gears; |
| --- | --- |

7.2.2.

Turning the vehicle to face the opposite way, using forward and reverse gears;

| 7.2.3. | Parking the vehicle and leaving a parking space (parallel, oblique or right-angle, forwards or in reverse, on the flat, uphill or downhill); |
| --- | --- |

7.2.3.

Parking the vehicle and leaving a parking space (parallel, oblique or right-angle, forwards or in reverse, on the flat, uphill or downhill);

| 7.2.4. | Braking accurately to a stop; however, performing an emergency stop is optional. |
| --- | --- |

7.2.4.

Braking accurately to a stop; however, performing an emergency stop is optional.

7.3.   Category BE: special manoeuvres to be tested with a bearing on road safety

| 7.3.1. | Coupling and uncoupling, or uncoupling and re-coupling a trailer from its motor vehicle; the manoeuvre must involve the towing vehicle being parked alongside the trailer (i.e. not in one line); |
| --- | --- |

7.3.1.

Coupling and uncoupling, or uncoupling and re-coupling a trailer from its motor vehicle; the manoeuvre must involve the towing vehicle being parked alongside the trailer (i.e. not in one line);

| 7.3.2. | Reversing along a curve, the line of which shall be left to the discretion of the Member States; |
| --- | --- |

7.3.2.

Reversing along a curve, the line of which shall be left to the discretion of the Member States;

| 7.3.3. | Parking safely for loading/unloading. |
| --- | --- |

7.3.3.

Parking safely for loading/unloading.

7.4.   Behaviour in traffic

Applicants must perform all the following actions in normal traffic situations, in complete safety and taking all necessary precautions:

| 7.4.1. | Driving away: after parking, after a stop in traffic; exiting a driveway; |
| --- | --- |

7.4.1.

Driving away: after parking, after a stop in traffic; exiting a driveway;

| 7.4.2. | Driving on straight roads; passing oncoming vehicles, including in confined spaces; |
| --- | --- |

7.4.2.

Driving on straight roads; passing oncoming vehicles, including in confined spaces;

| 7.4.3. | Driving round bends; |
| --- | --- |

7.4.3.

Driving round bends;

| 7.4.4. | Crossroads: approaching and crossing of intersections and junctions; |
| --- | --- |

7.4.4.

Crossroads: approaching and crossing of intersections and junctions;

| 7.4.5. | Changing direction: left and right turns; changing lanes; |
| --- | --- |

7.4.5.

Changing direction: left and right turns; changing lanes;

| 7.4.6. | Approach/exit of motorways or similar (if available): joining from the acceleration lane; leaving on the deceleration lane; |
| --- | --- |

7.4.6.

Approach/exit of motorways or similar (if available): joining from the acceleration lane; leaving on the deceleration lane;

| 7.4.7. | Overtaking/passing: overtaking other traffic (if possible); driving alongside obstacles, e.g. parked cars; being overtaken by other traffic (if appropriate); |
| --- | --- |

7.4.7.

Overtaking/passing: overtaking other traffic (if possible); driving alongside obstacles, e.g. parked cars; being overtaken by other traffic (if appropriate);

| 7.4.8. | Special road features (if available): roundabouts; railway level crossings; tram/bus stops; pedestrian crossings; driving up-/downhill on long slopes; |
| --- | --- |

7.4.8.

Special road features (if available): roundabouts; railway level crossings; tram/bus stops; pedestrian crossings; driving up-/downhill on long slopes;

| 7.4.9 | Taking the necessary precautions when alighting from the vehicle. |
| --- | --- |

7.4.9

Taking the necessary precautions when alighting from the vehicle.

8.   Skills and behaviour to be tested concerning categories C, CE, C1, C1E, D, DE, D1 and D1E

8.1.   Preparation and technical check of the vehicle with a bearing on road safety

Applicants must demonstrate that they are capable of preparing to drive safely by satisfying the following requirements:

| 8.1.1. | Adjusting the seat as necessary to obtain a correct seated position; |
| --- | --- |

8.1.1.

Adjusting the seat as necessary to obtain a correct seated position;

| 8.1.2. | Adjusting rear-view mirrors, seat belts and head restraints if available; |
| --- | --- |

8.1.2.

Adjusting rear-view mirrors, seat belts and head restraints if available;

| 8.1.3. | Random checks on the condition of the tyres, steering, brakes, lights, reflectors, direction indicators and audible warning device; |
| --- | --- |

8.1.3.

Random checks on the condition of the tyres, steering, brakes, lights, reflectors, direction indicators and audible warning device;

| 8.1.4. | Checking the power-assisted braking and steering systems; checking the condition of the wheels, wheelnuts, mudguards, windscreen, windows and wipers, fluids (e.g. engine oil, coolant, washer fluid); checking and using the instrument panel including the recording equipment as defined in Regulation (EEC) No 3821/85; |
| --- | --- |

8.1.4.

Checking the power-assisted braking and steering systems; checking the condition of the wheels, wheelnuts, mudguards, windscreen, windows and wipers, fluids (e.g. engine oil, coolant, washer fluid); checking and using the instrument panel including the recording equipment as defined in Regulation (EEC) No 3821/85;

| 8.1.5. | Checking the air pressure, air tanks and the suspension; |
| --- | --- |

8.1.5.

Checking the air pressure, air tanks and the suspension;

| 8.1.6. | Checking the safety factors relating to vehicle loading: body, sheets, cargo doors, loading mechanism (if available), cabin locking (if available), way of loading, securing load (categories C, CE, C1, C1E only); |
| --- | --- |

8.1.6.

Checking the safety factors relating to vehicle loading: body, sheets, cargo doors, loading mechanism (if available), cabin locking (if available), way of loading, securing load (categories C, CE, C1, C1E only);

| 8.1.7. | Checking the coupling mechanism and the brake and electrical connections (categories CE, C1E, DE, D1E only); |
| --- | --- |

8.1.7.

Checking the coupling mechanism and the brake and electrical connections (categories CE, C1E, DE, D1E only);

| 8.1.8. | Being capable of taking special vehicle safety measures; controlling the body, service doors, emergency exits, first aid equipment, fire extinguishers and other safety equipment (categories D, DE, D1, D1E only); |
| --- | --- |

8.1.8.

Being capable of taking special vehicle safety measures; controlling the body, service doors, emergency exits, first aid equipment, fire extinguishers and other safety equipment (categories D, DE, D1, D1E only);

| 8.1.9. | Reading a road map, route planning, including the use of electronic navigation systems (optional). |
| --- | --- |

8.1.9.

Reading a road map, route planning, including the use of electronic navigation systems (optional).

8.2.   Special manoeuvres to be tested with a bearing on road safety

| 8.2.1. | Coupling and uncoupling, or uncoupling and re-coupling a trailer from its motor vehicle; the manoeuvre must involve the towing vehicle being parked alongside the trailer (i.e. not in one line) (categories CE, C1E, DE, D1E only); |
| --- | --- |

8.2.1.

Coupling and uncoupling, or uncoupling and re-coupling a trailer from its motor vehicle; the manoeuvre must involve the towing vehicle being parked alongside the trailer (i.e. not in one line) (categories CE, C1E, DE, D1E only);

| 8.2.2. | Reversing along a curve, the line of which shall be left to the discretion of the Member States; |
| --- | --- |

8.2.2.

Reversing along a curve, the line of which shall be left to the discretion of the Member States;

| 8.2.3. | Parking safely for loading/unloading at a loading ramp/platform or similar installation (categories C, CE, C1, C1E only); |
| --- | --- |

8.2.3.

Parking safely for loading/unloading at a loading ramp/platform or similar installation (categories C, CE, C1, C1E only);

| 8.2.4. | Parking to let passengers on or off the bus safely (categories D, DE, D1, D1E only). |
| --- | --- |

8.2.4.

Parking to let passengers on or off the bus safely (categories D, DE, D1, D1E only).

8.3.   Behaviour in traffic

Applicants must perform all the following actions in normal traffic situations, in complete safety and taking all necessary precautions:

| 8.3.1. | Driving away: after parking, after a stop in traffic; exiting a driveway; |
| --- | --- |

8.3.1.

Driving away: after parking, after a stop in traffic; exiting a driveway;

| 8.3.2. | Driving on straight roads; passing oncoming vehicles, including in confined spaces; |
| --- | --- |

8.3.2.

Driving on straight roads; passing oncoming vehicles, including in confined spaces;

| 8.3.3. | Driving round bends; |
| --- | --- |

8.3.3.

Driving round bends;

| 8.3.4. | Crossroads: approaching and crossing of intersections and junctions; |
| --- | --- |

8.3.4.

Crossroads: approaching and crossing of intersections and junctions;

| 8.3.5. | Changing direction: left and right turns; changing lanes; |
| --- | --- |

8.3.5.

Changing direction: left and right turns; changing lanes;

| 8.3.6. | Approach/exit of motorways or similar (if available): joining from the acceleration lane; leaving on the deceleration lane; |
| --- | --- |

8.3.6.

Approach/exit of motorways or similar (if available): joining from the acceleration lane; leaving on the deceleration lane;

| 8.3.7. | Overtaking/passing: overtaking other traffic (if possible); driving alongside obstacles, e.g. parked cars; being overtaken by other traffic (if appropriate); |
| --- | --- |

8.3.7.

Overtaking/passing: overtaking other traffic (if possible); driving alongside obstacles, e.g. parked cars; being overtaken by other traffic (if appropriate);

| 8.3.8. | Special road features (if available): roundabouts; railway level crossings; tram/bus stops; pedestrian crossings; driving up-/downhill on long slopes; |
| --- | --- |

8.3.8.

Special road features (if available): roundabouts; railway level crossings; tram/bus stops; pedestrian crossings; driving up-/downhill on long slopes;

| 8.3.9. | Taking the necessary precautions when alighting from the vehicle. |
| --- | --- |

8.3.9.

Taking the necessary precautions when alighting from the vehicle.

9.   Marking of the test of skills and behaviour

| 9.1. | For each of the abovementioned driving situations, the assessment must reflect the degree of ease with which the applicant handles the vehicle controls and his demonstrated capacity to drive in traffic in complete safety. The examiner must feel safe throughout the test. Driving errors or dangerous conduct immediately endangering the safety of the test vehicle, its passengers or other road users shall be penalised by failing the test, whether or not the examiner or accompanying person has to intervene. Nonetheless, the examiner shall be free to decide whether or not the skills and behaviour test should be completed.
  Driving examiners must be trained to assess correctly the applicants' ability to drive safely. The work of driving examiners must be monitored and supervised, by a body authorised by the Member State, to ensure correct and consistent application of fault assessment in accordance with the standards laid down in this Annex. |
| --- | --- |

9.1.

For each of the abovementioned driving situations, the assessment must reflect the degree of ease with which the applicant handles the vehicle controls and his demonstrated capacity to drive in traffic in complete safety. The examiner must feel safe throughout the test. Driving errors or dangerous conduct immediately endangering the safety of the test vehicle, its passengers or other road users shall be penalised by failing the test, whether or not the examiner or accompanying person has to intervene. Nonetheless, the examiner shall be free to decide whether or not the skills and behaviour test should be completed.

Driving examiners must be trained to assess correctly the applicants' ability to drive safely. The work of driving examiners must be monitored and supervised, by a body authorised by the Member State, to ensure correct and consistent application of fault assessment in accordance with the standards laid down in this Annex.

| 9.2. | During their assessment, driving examiners shall pay special attention to whether an applicant is showing a defensive and social driving behaviour. This should reflect the overall style of driving and the driving examiner should take this into account in the overall picture of the applicant. It includes adapted and determined (safe) driving, taking into account road and weather conditions, taking into account other traffic, taking into account the interests of other road users (particularly the more vulnerable) and anticipation. |
| --- | --- |

9.2.

During their assessment, driving examiners shall pay special attention to whether an applicant is showing a defensive and social driving behaviour. This should reflect the overall style of driving and the driving examiner should take this into account in the overall picture of the applicant. It includes adapted and determined (safe) driving, taking into account road and weather conditions, taking into account other traffic, taking into account the interests of other road users (particularly the more vulnerable) and anticipation.

9.3.   The driving examiner will furthermore assess whether the applicant is:

| 9.3.1. | Controlling the vehicle; taking into account: proper use of safety belts, rear-view mirrors, head restraints; seat; proper use of lights and other equipment; proper use of clutch, gearbox, accelerator, braking systems (including third braking system, if available), steering; controlling the vehicle under different circumstances, at different speeds; steadiness on the road; the weight and dimensions and characteristics of the vehicle; the weight and type of load (categories BE, C, CE, C1, C1E, DE, D1E only); the comfort of the passengers (categories D, DE, D1, D1E only) (no fast acceleration, smoothly driving and no hard braking); |
| --- | --- |

9.3.1.

Controlling the vehicle; taking into account: proper use of safety belts, rear-view mirrors, head restraints; seat; proper use of lights and other equipment; proper use of clutch, gearbox, accelerator, braking systems (including third braking system, if available), steering; controlling the vehicle under different circumstances, at different speeds; steadiness on the road; the weight and dimensions and characteristics of the vehicle; the weight and type of load (categories BE, C, CE, C1, C1E, DE, D1E only); the comfort of the passengers (categories D, DE, D1, D1E only) (no fast acceleration, smoothly driving and no hard braking);

| 9.3.2. | Driving economically and in an environmentally friendly way, taking into account the revolutions per minute, changing gears, braking and accelerating (categories BE, C, CE, C1, C1E, D, DE, D1, D1E only); |
| --- | --- |

9.3.2.

Driving economically and in an environmentally friendly way, taking into account the revolutions per minute, changing gears, braking and accelerating (categories BE, C, CE, C1, C1E, D, DE, D1, D1E only);

| 9.3.3. | Observation: all-round observation; proper use of mirrors; far, middle, near distance vision; |
| --- | --- |

9.3.3.

Observation: all-round observation; proper use of mirrors; far, middle, near distance vision;

| 9.3.4. | Priority/giving way: priority at crossroads, intersections and junctions; giving way at other occasions (e.g. changing direction, changing lanes, special manoeuvres); |
| --- | --- |

9.3.4.

Priority/giving way: priority at crossroads, intersections and junctions; giving way at other occasions (e.g. changing direction, changing lanes, special manoeuvres);

| 9.3.5. | Correct position on the road: proper position on the road, in lanes, on roundabouts, round bends, suitable for the type and the characteristics of the vehicle; pre-positioning; |
| --- | --- |

9.3.5.

Correct position on the road: proper position on the road, in lanes, on roundabouts, round bends, suitable for the type and the characteristics of the vehicle; pre-positioning;

| 9.3.6. | Keeping distance: keeping adequate distance to the front and the side; keeping adequate distance from other road users; |
| --- | --- |

9.3.6.

Keeping distance: keeping adequate distance to the front and the side; keeping adequate distance from other road users;

| 9.3.7. | Speed: not exceeding the maximum allowed speed; adapting speed to weather/traffic conditions and where appropriate up to national speed limits; driving at such a speed that stopping within distance of the visible and free road is possible; adapting speed to general speed of same kind of road users; |
| --- | --- |

9.3.7.

Speed: not exceeding the maximum allowed speed; adapting speed to weather/traffic conditions and where appropriate up to national speed limits; driving at such a speed that stopping within distance of the visible and free road is possible; adapting speed to general speed of same kind of road users;

| 9.3.8. | Traffic lights, road signs and other indications: acting correctly at traffic lights; obeying instructions from traffic controllers; acting correctly at road signs (prohibitions or commands); take appropriate action at road markings; |
| --- | --- |

9.3.8.

Traffic lights, road signs and other indications: acting correctly at traffic lights; obeying instructions from traffic controllers; acting correctly at road signs (prohibitions or commands); take appropriate action at road markings;

| 9.3.9. | Signalling: give signals where necessary, correctly and properly timed; indicating directions correctly; taking appropriate action with regard to all signals made by other road users; |
| --- | --- |

9.3.9.

Signalling: give signals where necessary, correctly and properly timed; indicating directions correctly; taking appropriate action with regard to all signals made by other road users;

| 9.3.10. | Braking and stopping: decelerating in time, braking or stopping according to circumstances; anticipation; using the various braking systems (only for categories C, CE, D, DE); using speed reduction systems other than the brakes (only for categories C, CE, D, DE). |
| --- | --- |

9.3.10.

Braking and stopping: decelerating in time, braking or stopping according to circumstances; anticipation; using the various braking systems (only for categories C, CE, D, DE); using speed reduction systems other than the brakes (only for categories C, CE, D, DE).

10.   Length of the test

The length of the test and the distance travelled must be sufficient to assess the skills and behaviour laid down in paragraph B of this Annex. In no circumstances should the time spent driving on the road be less than 25 minutes for categories A, A1, A2, B, B1 and BE and 45 minutes for the other categories. This does not include the reception of the applicant, the preparation of the vehicle, the technical check of the vehicle with a bearing on road safety, the special manoeuvres and the announcement of the outcome of the practical test.

11.   Location of the test

The part of the test to assess the special manoeuvres may be conducted on a special testing ground. Wherever practicable, the part of the test to assess behaviour in traffic should be conducted on roads outside built-up areas, expressways and motorways (or similar), as well as on all kinds of urban streets (residential areas, 30 and 50 km/h areas, urban expressways) which should represent the various types of difficulty likely to be encountered by drivers. It is also desirable for the test to take place in various traffic density conditions. The time spent driving on the road should be used in an optimal way to assess the applicant in all the various traffic areas that can be encountered, with a special emphasis on changing between these areas.

II.   KNOWLEDGE, SKILL AND BEHAVIOUR FOR DRIVING A POWER-DRIVEN VEHICLE

Drivers of all power-driven vehicles must at any moment have the knowledge, skills and behaviour described under points 1 to 9, with a view to be able to:

| — | Recognise traffic dangers and assess their seriousness, |
| --- | --- |

—

Recognise traffic dangers and assess their seriousness,

| — | Have sufficient command of their vehicle not to create dangerous situations and to react appropriately should such situations occur, |
| --- | --- |

—

Have sufficient command of their vehicle not to create dangerous situations and to react appropriately should such situations occur,

| — | Comply with road traffic regulations, and in particular those intended to prevent road accidents and to maintain the flow of traffic, |
| --- | --- |

—

Comply with road traffic regulations, and in particular those intended to prevent road accidents and to maintain the flow of traffic,

| — | Detect any major technical faults in their vehicles, in particular those posing a safety hazard, and have them remedied in an appropriate fashion, |
| --- | --- |

—

Detect any major technical faults in their vehicles, in particular those posing a safety hazard, and have them remedied in an appropriate fashion,

| — | Take account of all the factors affecting driving behaviour (e.g. alcohol, fatigue, poor eyesight, etc.) so as to retain full use of the faculties needed to drive safely, |
| --- | --- |

—

Take account of all the factors affecting driving behaviour (e.g. alcohol, fatigue, poor eyesight, etc.) so as to retain full use of the faculties needed to drive safely,

| — | Help ensure the safety of all road users, and in particular of the weakest and most exposed by showing due respect for others. |
| --- | --- |

—

Help ensure the safety of all road users, and in particular of the weakest and most exposed by showing due respect for others.

Member States may implement the appropriate measures to ensure that drivers who have lost the knowledge, skills and behaviour as described under points 1 to 9 can recover this knowledge and these skills and will continue to exhibit such behaviour required for driving a motor vehicle.

---

(1)  OJ L 370, 31.12.1985, p. 1. Regulation as repealed by Regulation (EC) No 561/2006 of the European Parliament and of the Council (OJ L 102, 11.4.2006, p. 1).

(2)  OJ L 370, 31.12.1985, p. 8. Regulation as last amended by Regulation (EC) No 561/2006.

(3)  OJ L 237, 21.9.2000, p. 45.

ANNEX III

MINIMUM STANDARDS OF PHYSICAL AND MENTAL FITNESS FOR DRIVING A POWER-DRIVEN VEHICLE

DEFINITIONS

| 1. | For the purpose of this Annex, drivers are classified in two groups: |
| --- | --- |

1.

For the purpose of this Annex, drivers are classified in two groups:

| 1.1. | Group 1:
  drivers of vehicles of categories A, A1, A2, AM, B, B1 and BE. |
| --- | --- |

1.1.

Group 1:

drivers of vehicles of categories A, A1, A2, AM, B, B1 and BE.

| 1.2. | Group 2:
  drivers of vehicles of categories C, CE, C1, C1E, D, DE, D1 and D1E. |
| --- | --- |

1.2.

Group 2:

drivers of vehicles of categories C, CE, C1, C1E, D, DE, D1 and D1E.

| 1.3. | National legislation may provide for the provisions set out in this Annex for Group 2 drivers to apply to drivers of Category B vehicles using their driving licence for professional purposes (taxis, ambulances, etc.). |
| --- | --- |

1.3.

National legislation may provide for the provisions set out in this Annex for Group 2 drivers to apply to drivers of Category B vehicles using their driving licence for professional purposes (taxis, ambulances, etc.).

| 2. | Similarly, applicants for a first driving licence or for the renewal of a driving licence are classified in the group to which they will belong once the licence has been issued or renewed. |
| --- | --- |

2.

Similarly, applicants for a first driving licence or for the renewal of a driving licence are classified in the group to which they will belong once the licence has been issued or renewed.

MEDICAL EXAMINATIONS

| 3. | Group 1:
  Applicants shall be required to undergo a medical examination if it becomes apparent, when the necessary formalities are being completed or during the tests which they have to undergo prior to obtaining a driving licence, that they have one or more of the medical disabilities mentioned in this Annex. |
| --- | --- |

3.

Group 1:

Applicants shall be required to undergo a medical examination if it becomes apparent, when the necessary formalities are being completed or during the tests which they have to undergo prior to obtaining a driving licence, that they have one or more of the medical disabilities mentioned in this Annex.

| 4. | Group 2:
  Applicants shall undergo medical examinations before a driving licence is first issued to them and thereafter drivers shall be checked in accordance with the national system in place in the Member State of normal residence whenever their driving licence is renewed. |
| --- | --- |

4.

Group 2:

Applicants shall undergo medical examinations before a driving licence is first issued to them and thereafter drivers shall be checked in accordance with the national system in place in the Member State of normal residence whenever their driving licence is renewed.

| 5. | The standards set by Member States for the issue or any subsequent renewal of driving licences may be stricter than those set out in this Annex. |
| --- | --- |

5.

The standards set by Member States for the issue or any subsequent renewal of driving licences may be stricter than those set out in this Annex.

SIGHT

| 6. | All applicants for a driving licence shall undergo an appropriate investigation to ensure that they have adequate visual acuity for driving power-driven vehicles. Where there is reason to doubt that the applicant's vision is adequate, he shall be examined by a competent medical authority. At this examination attention shall be paid the following in particular: visual acuity, field of vision, twilight vision and progressive eye diseases.
  For the purpose of this Annex, intra-ocular lenses shall not be considered corrective lenses. |
| --- | --- |

6.

All applicants for a driving licence shall undergo an appropriate investigation to ensure that they have adequate visual acuity for driving power-driven vehicles. Where there is reason to doubt that the applicant's vision is adequate, he shall be examined by a competent medical authority. At this examination attention shall be paid the following in particular: visual acuity, field of vision, twilight vision and progressive eye diseases.

For the purpose of this Annex, intra-ocular lenses shall not be considered corrective lenses.

Group 1:

| 6.1. | Applicants for a driving licence or for the renewal of such a licence shall have a binocular visual acuity, with corrective lenses if necessary, of at least 0,5 when using both eyes together. Driving licences shall not be issued or renewed if, during the medical examination, it is shown that the horizontal field of vision is less than 120°, apart from exceptional cases duly justified by a favourable medical opinion and a positive practical test, or that the person concerned suffers from any other eye condition that would compromise safe driving. When a progressive eye disease is detected or declared, driving licences may be issued or renewed subject to the applicant undergoing regular examination by a competent medical authority. |
| --- | --- |

6.1.

Applicants for a driving licence or for the renewal of such a licence shall have a binocular visual acuity, with corrective lenses if necessary, of at least 0,5 when using both eyes together. Driving licences shall not be issued or renewed if, during the medical examination, it is shown that the horizontal field of vision is less than 120°, apart from exceptional cases duly justified by a favourable medical opinion and a positive practical test, or that the person concerned suffers from any other eye condition that would compromise safe driving. When a progressive eye disease is detected or declared, driving licences may be issued or renewed subject to the applicant undergoing regular examination by a competent medical authority.

| 6.2. | Applicants for a driving licence, or for the renewal of such a licence, who have total functional loss of vision in one eye or who use only one eye (e.g. in the case of diplopia) must have a visual acuity of at least 0,6, with corrective lenses if necessary. The competent medical authority must certify that this condition of monocular vision has existed sufficiently long to allow adaptation and that the field of vision in this eye is normal. |
| --- | --- |

6.2.

Applicants for a driving licence, or for the renewal of such a licence, who have total functional loss of vision in one eye or who use only one eye (e.g. in the case of diplopia) must have a visual acuity of at least 0,6, with corrective lenses if necessary. The competent medical authority must certify that this condition of monocular vision has existed sufficiently long to allow adaptation and that the field of vision in this eye is normal.

Group 2:

| 6.3. | Applicants for a driving licence or for the renewal of such a licence must have a visual acuity, with corrective lenses if necessary, of at least 0,8 in the better eye and at least 0,5 in the worse eye. If corrective lenses are used to attain the values of 0,8 and 0,5, the uncorrected acuity in each eye must reach 0,05, or else the minimum acuity (0,8 and 0,5) must be achieved either by correction by means of glasses with a power not exceeding plus or minus 8 dioptres or with the aid of contact lenses (uncorrected vision = 0,05). The correction must be well tolerated. Driving licences shall not be issued to or renewed for applications or drivers without a normal binocular field of vision or suffering from diplopia. |
| --- | --- |

6.3.

Applicants for a driving licence or for the renewal of such a licence must have a visual acuity, with corrective lenses if necessary, of at least 0,8 in the better eye and at least 0,5 in the worse eye. If corrective lenses are used to attain the values of 0,8 and 0,5, the uncorrected acuity in each eye must reach 0,05, or else the minimum acuity (0,8 and 0,5) must be achieved either by correction by means of glasses with a power not exceeding plus or minus 8 dioptres or with the aid of contact lenses (uncorrected vision = 0,05). The correction must be well tolerated. Driving licences shall not be issued to or renewed for applications or drivers without a normal binocular field of vision or suffering from diplopia.

HEARING

| 7. | Driving licences may be issued to or renewed for applicants or drivers in Group 2 subject to the opinion of the competent medical authorities; particular account will be taken in medical examinations of the scope for compensation. |
| --- | --- |

7.

Driving licences may be issued to or renewed for applicants or drivers in Group 2 subject to the opinion of the competent medical authorities; particular account will be taken in medical examinations of the scope for compensation.

PERSONS WITH A LOCOMOTOR DISABILITY

| 8. | Driving licences shall not be issued to or renewed for applicants or drivers suffering from complaints or abnormalities of the locomotor system which make it dangerous to drive a power-driven vehicle. |
| --- | --- |

8.

Driving licences shall not be issued to or renewed for applicants or drivers suffering from complaints or abnormalities of the locomotor system which make it dangerous to drive a power-driven vehicle.

Group 1:

| 8.1. | Driving licences subject to certain restrictions, if necessary, may be issued to physically disabled applicants or drivers following the issuing of an opinion by a competent medical authority. This opinion must be based on a medical assessment of the complaint or abnormality in question and, where necessary, on a practical test. It must also indicate what type of modification to the vehicle is required and whether the driver needs to be fitted with an orthopaedic device, insofar as the test of skills and behaviour demonstrates that with such a device driving would not to be dangerous. |
| --- | --- |

8.1.

Driving licences subject to certain restrictions, if necessary, may be issued to physically disabled applicants or drivers following the issuing of an opinion by a competent medical authority. This opinion must be based on a medical assessment of the complaint or abnormality in question and, where necessary, on a practical test. It must also indicate what type of modification to the vehicle is required and whether the driver needs to be fitted with an orthopaedic device, insofar as the test of skills and behaviour demonstrates that with such a device driving would not to be dangerous.

| 8.2. | Driving licences may be issued to or renewed for any applicant suffering from a progressive complaint on condition that the disabled person is regularly examined to check that the person is still capable of driving the vehicle completely safely.
  Where the disability is static, driving licences may be issued or renewed without the applicant being subject to regular medical examination. |
| --- | --- |

8.2.

Driving licences may be issued to or renewed for any applicant suffering from a progressive complaint on condition that the disabled person is regularly examined to check that the person is still capable of driving the vehicle completely safely.

Where the disability is static, driving licences may be issued or renewed without the applicant being subject to regular medical examination.

Group 2:

| 8.3. | The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group. |
| --- | --- |

8.3.

The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group.

CARDIOVASCULAR DISEASES

| 9. | Any disease capable of exposing an applicant for a first licence or a driver applying for renewal to a sudden failure of the cardiovascular system such that there is a sudden impairment of the cerebral functions constitutes a danger to road safety. |
| --- | --- |

9.

Any disease capable of exposing an applicant for a first licence or a driver applying for renewal to a sudden failure of the cardiovascular system such that there is a sudden impairment of the cerebral functions constitutes a danger to road safety.

Group 1:

| 9.1. | Driving licences will not to be issued to, or renewed for, applicants or drivers with serious arrhythmia. |
| --- | --- |

9.1.

Driving licences will not to be issued to, or renewed for, applicants or drivers with serious arrhythmia.

| 9.2. | Driving licences may be issued to, or renewed for, applicants or drivers wearing a pacemaker subject to authorised medical opinion and regular medical check-ups. |
| --- | --- |

9.2.

Driving licences may be issued to, or renewed for, applicants or drivers wearing a pacemaker subject to authorised medical opinion and regular medical check-ups.

| 9.3. | The question of whether to issue or renew a licence for applicants or drivers suffering from abnormal arterial blood pressure shall be assessed with reference to the other results of the examination, any associated complications and the danger they might constitute for road safety. |
| --- | --- |

9.3.

The question of whether to issue or renew a licence for applicants or drivers suffering from abnormal arterial blood pressure shall be assessed with reference to the other results of the examination, any associated complications and the danger they might constitute for road safety.

| 9.4. | Generally speaking, a driving licence shall not be issued to or renewed for applicants or drivers suffering from angina during rest or emotion. The issuing or renewal of a driving licence to any applicant or driver having suffered myocardial infarction shall be subject to authorised medical opinion and, if necessary, regular medical check-ups. |
| --- | --- |

9.4.

Generally speaking, a driving licence shall not be issued to or renewed for applicants or drivers suffering from angina during rest or emotion. The issuing or renewal of a driving licence to any applicant or driver having suffered myocardial infarction shall be subject to authorised medical opinion and, if necessary, regular medical check-ups.

Group 2:

| 9.5. | The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group. |
| --- | --- |

9.5.

The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group.

DIABETES MELLITUS

| 10. | Driving licences may be issued to, or renewed for, applicants or drivers suffering from diabetes mellitus, subject to authorised medical opinion and regular medical check-ups appropriate to each case. |
| --- | --- |

10.

Driving licences may be issued to, or renewed for, applicants or drivers suffering from diabetes mellitus, subject to authorised medical opinion and regular medical check-ups appropriate to each case.

Group 2:

| 10.1. | Only in very exceptional cases may driving licences be issued to, or renewed for, applicants or drivers in this group suffering from diabetes mellitus and requiring insulin treatment, and then only where duly justified by authorised medical opinion and subject to regular medical check-ups. |
| --- | --- |

10.1.

Only in very exceptional cases may driving licences be issued to, or renewed for, applicants or drivers in this group suffering from diabetes mellitus and requiring insulin treatment, and then only where duly justified by authorised medical opinion and subject to regular medical check-ups.

NEUROLOGICAL DISEASES

| 11. | Driving licences shall not be issued to, or renewed for, applicants or drivers suffering from a serious neurological disease, unless the application is supported by authorised medical opinion.
  Neurological disturbances associated with diseases or surgical intervention affecting the central or peripheral nervous system, which lead to sensory or motor deficiencies and affect balance and coordination, must accordingly be taken into account in relation to their functional effects and the risks of progression. In such cases, the issue or renewal of the licence may be subject to periodic assessment in the event of risk of deterioration. |
| --- | --- |

11.

Driving licences shall not be issued to, or renewed for, applicants or drivers suffering from a serious neurological disease, unless the application is supported by authorised medical opinion.

Neurological disturbances associated with diseases or surgical intervention affecting the central or peripheral nervous system, which lead to sensory or motor deficiencies and affect balance and coordination, must accordingly be taken into account in relation to their functional effects and the risks of progression. In such cases, the issue or renewal of the licence may be subject to periodic assessment in the event of risk of deterioration.

| 12. | Epileptic seizures or other sudden disturbances of the state of consciousness constitute a serious danger to road safety if they occur in a person driving a power-driven vehicle. |
| --- | --- |

12.

Epileptic seizures or other sudden disturbances of the state of consciousness constitute a serious danger to road safety if they occur in a person driving a power-driven vehicle.

Group 1:

| 12.1. | A licence may be issued or renewed subject to an examination by a competent medical authority and to regular medical check-ups. The authority shall decide on the state of the epilepsy or other disturbances of consciousness, its clinical form and progress (no seizure in the last two years, for example), the treatment received and the results thereof. |
| --- | --- |

12.1.

A licence may be issued or renewed subject to an examination by a competent medical authority and to regular medical check-ups. The authority shall decide on the state of the epilepsy or other disturbances of consciousness, its clinical form and progress (no seizure in the last two years, for example), the treatment received and the results thereof.

Group 2:

| 12.2. | Driving licences shall not be issued to or renewed for applicants or drivers suffering or liable to suffer from epileptic seizures or other sudden disturbances of the state of consciousness. |
| --- | --- |

12.2.

Driving licences shall not be issued to or renewed for applicants or drivers suffering or liable to suffer from epileptic seizures or other sudden disturbances of the state of consciousness.

MENTAL DISORDERS

Group 1:

| 13.1. | Driving licences shall not be issued to, or renewed for, applicants or drivers who suffer from:






  — | severe mental disturbance, whether congenital or due to disease, trauma or neurosurgical operations, |
| --- | --- | --- |

13.1.

Driving licences shall not be issued to, or renewed for, applicants or drivers who suffer from:

—

severe mental disturbance, whether congenital or due to disease, trauma or neurosurgical operations,

| — | severe mental retardation, |
| --- | --- |

—

severe mental retardation,

| — | severe behavioural problems due to ageing; or personality defects leading to seriously impaired judgment, behaviour or adaptability, |
| --- | --- |

—

severe behavioural problems due to ageing; or personality defects leading to seriously impaired judgment, behaviour or adaptability,

unless their application is supported by authorised medical opinion and, if necessary, subject to regular medical check-ups.

Group 2:

| 13.2. | The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group. |
| --- | --- |

13.2.

The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group.

ALCOHOL

| 14. | Alcohol consumption constitutes a major danger to road safety. In view of the scale of the problem, the medical profession must be very vigilant. |
| --- | --- |

14.

Alcohol consumption constitutes a major danger to road safety. In view of the scale of the problem, the medical profession must be very vigilant.

Group 1:

| 14.1. | Driving licences shall not be issued to, or renewed for, applicants or drivers who are dependent on alcohol or unable to refrain from drinking and driving.
  After a proven period of abstinence and subject to authorised medical opinion and regular medical check-ups, driving licences may be issued to, or renewed for, applicant or drivers who have in the past been dependent on alcohol. |
| --- | --- |

14.1.

Driving licences shall not be issued to, or renewed for, applicants or drivers who are dependent on alcohol or unable to refrain from drinking and driving.

After a proven period of abstinence and subject to authorised medical opinion and regular medical check-ups, driving licences may be issued to, or renewed for, applicant or drivers who have in the past been dependent on alcohol.

Group 2:

| 14.2. | The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group. |
| --- | --- |

14.2.

The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group.

DRUGS AND MEDICINAL PRODUCTS

15.   Abuse:

Driving licences shall not be issued to or renewed for applicants or drivers who are dependent on psychotropic substances or who are not dependent on such substances but regularly abuse them, whatever category of licence is requested.

Regular use:

Group 1:

| 15.1. | Driving licences shall not be issued to, or renewed for, applicants or drivers who regularly use psychotropic substances, in whatever form, which can hamper the ability to drive safely where the quantities absorbed are such as to have an adverse effect on driving. This shall apply to all other medicinal products or combinations of medicinal products which affect the ability to drive. |
| --- | --- |

15.1.

Driving licences shall not be issued to, or renewed for, applicants or drivers who regularly use psychotropic substances, in whatever form, which can hamper the ability to drive safely where the quantities absorbed are such as to have an adverse effect on driving. This shall apply to all other medicinal products or combinations of medicinal products which affect the ability to drive.

Group 2:

| 15.2. | The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definitions of this group. |
| --- | --- |

15.2.

The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definitions of this group.

RENAL DISORDERS

Group 1:

| 16.1. | Driving licences may be issued or renewed for applicants and drivers suffering from serious renal insufficiency subject to authorised medical opinion and regular medical check-ups. |
| --- | --- |

16.1.

Driving licences may be issued or renewed for applicants and drivers suffering from serious renal insufficiency subject to authorised medical opinion and regular medical check-ups.

Group 2:

| 16.2. | Save in exceptional cases duly justified by authorised medical opinion, and subject to regular medical check-ups, driving licences shall not be issued to or renewed for applicants or drivers suffering from serious and irreversible renal deficiency. |
| --- | --- |

16.2.

Save in exceptional cases duly justified by authorised medical opinion, and subject to regular medical check-ups, driving licences shall not be issued to or renewed for applicants or drivers suffering from serious and irreversible renal deficiency.

MISCELLANEOUS PROVISIONS

Group 1:

| 17.1. | Subject to authorised medical opinion and, if necessary, regular medical check-ups, driving licences may be issued to or renewed for applications or drivers who have had an organ transplant or an artificial implant which affects the ability to drive. |
| --- | --- |

17.1.

Subject to authorised medical opinion and, if necessary, regular medical check-ups, driving licences may be issued to or renewed for applications or drivers who have had an organ transplant or an artificial implant which affects the ability to drive.

Group 2:

| 17.2. | The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group. |
| --- | --- |

17.2.

The competent medical authority shall give due consideration to the additional risks and dangers involved in the driving of vehicles covered by the definition of this group.

| 18. | As a general rule, where applicants or drivers suffer from any disorder which is not mentioned in the preceding paragraph but is liable to be, or to result in, a functional incapacity affecting safety at the wheel, driving licences shall not be issued or renewed unless the application is supported by authorised medical opinion and, if necessary, subject to regular medical check-ups. |
| --- | --- |

18.

As a general rule, where applicants or drivers suffer from any disorder which is not mentioned in the preceding paragraph but is liable to be, or to result in, a functional incapacity affecting safety at the wheel, driving licences shall not be issued or renewed unless the application is supported by authorised medical opinion and, if necessary, subject to regular medical check-ups.

ANNEX IV

MINIMUM STANDARDS FOR PERSONS WHO CONDUCT PRACTICAL DRIVING TESTS

1.   Competences required by a driving examiner

| 1.1. | A person authorised to conduct practical assessments in a motor vehicle of the driving performance of a candidate must have knowledge, skills and understanding related to the topics listed in points 1.2 to 1.6. |
| --- | --- |

1.1.

A person authorised to conduct practical assessments in a motor vehicle of the driving performance of a candidate must have knowledge, skills and understanding related to the topics listed in points 1.2 to 1.6.

| 1.2. | The competences of an examiner must be relevant to assessing the performance of a candidate seeking the category of driving licence entitlement for which the driving test is being undertaken. |
| --- | --- |

1.2.

The competences of an examiner must be relevant to assessing the performance of a candidate seeking the category of driving licence entitlement for which the driving test is being undertaken.

1.3.   Knowledge and understanding of driving and assessment:

| — | theory of driving behaviour, |
| --- | --- |

—

theory of driving behaviour,

| — | hazard perception and accident avoidance, |
| --- | --- |

—

hazard perception and accident avoidance,

| — | the syllabus underpinning driving test standards, |
| --- | --- |

—

the syllabus underpinning driving test standards,

| — | the requirements of the driving test, |
| --- | --- |

—

the requirements of the driving test,

| — | relevant road and traffic legislation, including relevant EU and national legislation and interpretative guidelines, |
| --- | --- |

—

relevant road and traffic legislation, including relevant EU and national legislation and interpretative guidelines,

| — | assessment theory and techniques, |
| --- | --- |

—

assessment theory and techniques,

| — | defensive driving. |
| --- | --- |

—

defensive driving.

1.4.   Assessment skills:

| — | ability to observe accurately, monitor, and evaluate overall candidate performance, in particular:






  — | correct and comprehensive recognition of dangerous situations, |
| --- | --- | --- |

—

ability to observe accurately, monitor, and evaluate overall candidate performance, in particular:

—

correct and comprehensive recognition of dangerous situations,

| — | accurate determination of cause and likely effect of such situations, |
| --- | --- |

—

accurate determination of cause and likely effect of such situations,

| — | achievement of competence and recognition of errors, |
| --- | --- |

—

achievement of competence and recognition of errors,

| — | uniformity and consistency in assessment, |
| --- | --- |

—

uniformity and consistency in assessment,

| — | assimilate information quickly and extract key points, |
| --- | --- |

—

assimilate information quickly and extract key points,

| — | look ahead, identify potential problems, and develop strategies to deal with them, |
| --- | --- |

—

look ahead, identify potential problems, and develop strategies to deal with them,

| — | provide timely and constructive feedback. |
| --- | --- |

—

provide timely and constructive feedback.

1.5.   Personal driving skills:

A person authorised to conduct a practical test for a category of driving licence must be able to drive to a consistently high standard that type of motor vehicle.

1.6.   Quality of service:

| — | establish and communicate what the candidate can expect during the test, |
| --- | --- |

—

establish and communicate what the candidate can expect during the test,

| — | communicate clearly, choosing content, style and language to suit the audience and context and deal with enquiries from candidates, |
| --- | --- |

—

communicate clearly, choosing content, style and language to suit the audience and context and deal with enquiries from candidates,

| — | provide clear feedback about the test result, |
| --- | --- |

—

provide clear feedback about the test result,

| — | treat candidates with respect and indiscriminately. |
| --- | --- |

—

treat candidates with respect and indiscriminately.

1.7.   Knowledge about vehicle technique and physics:

| — | knowledge about vehicle technique such as steering, tyres, brakes, lights, specially for motorcycles and heavy vehicles, |
| --- | --- |

—

knowledge about vehicle technique such as steering, tyres, brakes, lights, specially for motorcycles and heavy vehicles,

| — | loading safety, |
| --- | --- |

—

loading safety,

| — | knowledge about vehicle physics such as speed, friction, dynamics, energy. |
| --- | --- |

—

knowledge about vehicle physics such as speed, friction, dynamics, energy.

| 1.8. | Driving in a fuel efficient and environmentally friendly way. |
| --- | --- |

1.8.

Driving in a fuel efficient and environmentally friendly way.

2.   General conditions

2.1.   A category B driving examiner:

| (a) | must have held a category B licence for at least 3 years; |
| --- | --- |

(a)

must have held a category B licence for at least 3 years;

| (b) | must be at least 23 years old; |
| --- | --- |

(b)

must be at least 23 years old;

| (c) | must have successfully completed the initial qualification provided for in point 3 of this Annex and subsequently followed the quality assurance and the periodic training arrangements as provided for in point 4 of this Annex; |
| --- | --- |

(c)

must have successfully completed the initial qualification provided for in point 3 of this Annex and subsequently followed the quality assurance and the periodic training arrangements as provided for in point 4 of this Annex;

| (d) | must have terminated a vocational education that leads at least to a completion of level 3 as defined by Council Decision 85/368/EEC of 16 July 1985 on the comparability of vocational training qualifications between the Member States of the European Community (1); |
| --- | --- |

(d)

must have terminated a vocational education that leads at least to a completion of level 3 as defined by Council Decision 85/368/EEC of 16 July 1985 on the comparability of vocational training qualifications between the Member States of the European Community (1);

| (e) | may not be active as a commercial driving instructor in a driving school simultaneously. |
| --- | --- |

(e)

may not be active as a commercial driving instructor in a driving school simultaneously.

2.2.   A driving examiner for the other categories:

| (a) | must hold a driving licence in the category concerned or possess equivalent knowledge through adequate professional qualification; |
| --- | --- |

(a)

must hold a driving licence in the category concerned or possess equivalent knowledge through adequate professional qualification;

| (b) | must have successfully completed the initial qualification provided for in point 3 of this Annex and subsequently followed the quality assurance and the periodic training arrangements as provided for in point 4 of this Annex; |
| --- | --- |

(b)

must have successfully completed the initial qualification provided for in point 3 of this Annex and subsequently followed the quality assurance and the periodic training arrangements as provided for in point 4 of this Annex;

| (c) | must have been a qualified category B driving examiner for at least 3 years; this period may be waived provided that the examiner in question can provide evidence of:






  — | at least 5 years of driving in the category concerned, or, |
| --- | --- | --- |

(c)

must have been a qualified category B driving examiner for at least 3 years; this period may be waived provided that the examiner in question can provide evidence of:

—

at least 5 years of driving in the category concerned, or,

| — | a theoretical and practical assessment of driving ability of a standard higher than that needed to obtain a driving licence thus making that requirement unnecessary, |
| --- | --- |

—

a theoretical and practical assessment of driving ability of a standard higher than that needed to obtain a driving licence thus making that requirement unnecessary,

| (d) | must have completed a vocational education that leads at least to a termination of the level 3 as defined by Decision 85/368/EEC; |
| --- | --- |

(d)

must have completed a vocational education that leads at least to a termination of the level 3 as defined by Decision 85/368/EEC;

| (e) | may not be active as a commercial driving instructor in a driving school simultaneously. |
| --- | --- |

(e)

may not be active as a commercial driving instructor in a driving school simultaneously.

2.3.   Equivalences

| 2.3.1. | Member States may authorise an examiner to conduct driving tests for categories AM, A1, A2 and A upon passing the initial qualification prescribed in point 3 for one of these categories. |
| --- | --- |

2.3.1.

Member States may authorise an examiner to conduct driving tests for categories AM, A1, A2 and A upon passing the initial qualification prescribed in point 3 for one of these categories.

| 2.3.2. | Member States may authorise an examiner to conduct driving tests for categories C1, C, D1 and D upon passing the initial qualification prescribed in point 3 for one of these categories. |
| --- | --- |

2.3.2.

Member States may authorise an examiner to conduct driving tests for categories C1, C, D1 and D upon passing the initial qualification prescribed in point 3 for one of these categories.

| 2.3.3. | Member States may authorise an examiner to conduct driving tests for categories BE, C1E, CE, D1E and DE upon passing the initial qualification prescribed in point 3 for one of these categories. |
| --- | --- |

2.3.3.

Member States may authorise an examiner to conduct driving tests for categories BE, C1E, CE, D1E and DE upon passing the initial qualification prescribed in point 3 for one of these categories.

3.   Initial qualification

3.1.   Initial training

| 3.1.1. | Before a person may be authorised to conduct driving tests, that person must satisfactorily complete such training programme as a Member State may specify in order to have the competences set out in point 1. |
| --- | --- |

3.1.1.

Before a person may be authorised to conduct driving tests, that person must satisfactorily complete such training programme as a Member State may specify in order to have the competences set out in point 1.

| 3.1.2. | Member States must determine whether the content of any particular training programme will relate to authorisation to conduct driving tests for one driving licence category, or more than one. |
| --- | --- |

3.1.2.

Member States must determine whether the content of any particular training programme will relate to authorisation to conduct driving tests for one driving licence category, or more than one.

3.2.   Examinations

| 3.2.1. | Before a person may be authorised to conduct driving tests, that person must demonstrate a satisfactory standard of knowledge, understanding, skills and aptitude in respect of the subjects listed in point 1. |
| --- | --- |

3.2.1.

Before a person may be authorised to conduct driving tests, that person must demonstrate a satisfactory standard of knowledge, understanding, skills and aptitude in respect of the subjects listed in point 1.

| 3.2.2. | Member States shall operate an examination process that assesses, in a pedagogically appropriate manner, the competences of the person as defined under point 1, in particular point 1.4. The examination process must include both a theoretical element and a practical element. Computer-based assessment may be used where appropriate. The details concerning the nature and duration of any tests and assessments within the examination shall be at the discretion of the individual Member States. |
| --- | --- |

3.2.2.

Member States shall operate an examination process that assesses, in a pedagogically appropriate manner, the competences of the person as defined under point 1, in particular point 1.4. The examination process must include both a theoretical element and a practical element. Computer-based assessment may be used where appropriate. The details concerning the nature and duration of any tests and assessments within the examination shall be at the discretion of the individual Member States.

| 3.2.3. | Member States must determine whether the content of any particular examination will relate to authorisation to conduct driving tests for one driving licence category, or more than one. |
| --- | --- |

3.2.3.

Member States must determine whether the content of any particular examination will relate to authorisation to conduct driving tests for one driving licence category, or more than one.

4.   Quality assurance and periodic training

4.1.   Quality assurance

| 4.1.1. | Member States shall have in place quality assurance arrangements to provide for the maintenance of standards of driving examiners. |
| --- | --- |

4.1.1.

Member States shall have in place quality assurance arrangements to provide for the maintenance of standards of driving examiners.

| 4.1.2. | Quality assurance arrangements should involve the supervision of examiners at work, their further training and re-accreditation, their continuing professional development, and by periodic review of the outcomes of the driving tests that they have conducted. |
| --- | --- |

4.1.2.

Quality assurance arrangements should involve the supervision of examiners at work, their further training and re-accreditation, their continuing professional development, and by periodic review of the outcomes of the driving tests that they have conducted.

| 4.1.3. | Member States must provide that each examiner is subject to yearly supervision making use of quality assurance arrangements listed in point 4.1.2. Moreover, the Member States must provide that each examiner is observed conducting tests once every 5 years, for a minimum period cumulatively of at least half a day, allowing the observation of several tests. When issues are identified corrective action should be put in place. The person undertaking the supervision must be a person authorised by the Member State for that purpose. |
| --- | --- |

4.1.3.

Member States must provide that each examiner is subject to yearly supervision making use of quality assurance arrangements listed in point 4.1.2. Moreover, the Member States must provide that each examiner is observed conducting tests once every 5 years, for a minimum period cumulatively of at least half a day, allowing the observation of several tests. When issues are identified corrective action should be put in place. The person undertaking the supervision must be a person authorised by the Member State for that purpose.

| 4.1.4. | Member States may provide that where an examiner is authorised to conduct driving tests in more than one category, satisfying the supervision requirement in relation to tests for one category satisfies the requirement for more than one category. |
| --- | --- |

4.1.4.

Member States may provide that where an examiner is authorised to conduct driving tests in more than one category, satisfying the supervision requirement in relation to tests for one category satisfies the requirement for more than one category.

| 4.1.5. | The work of driving examination must be monitored and supervised by a body authorised by the Member State, to ensure correct and consistent application of assessment. |
| --- | --- |

4.1.5.

The work of driving examination must be monitored and supervised by a body authorised by the Member State, to ensure correct and consistent application of assessment.

4.2.   Periodic training.

| 4.2.1. | Member States shall provide that, in order to remain authorised, driving examiners, irrespective of the number of categories for which they are accredited, undertake:






  — | a minimum regular periodic training of four days in total per period of two years in order to: |
| --- | --- | --- |

4.2.1.

Member States shall provide that, in order to remain authorised, driving examiners, irrespective of the number of categories for which they are accredited, undertake:

—

a minimum regular periodic training of four days in total per period of two years in order to:

| — | maintain and refresh the necessary knowledge and examining skills, |
| --- | --- |

—

maintain and refresh the necessary knowledge and examining skills,

| — | to develop new competences that have become essential for the exercise of their profession, |
| --- | --- |

—

to develop new competences that have become essential for the exercise of their profession,

| — | ensure that an examiner continues to conduct tests to a fair and uniform standard, |
| --- | --- |

—

ensure that an examiner continues to conduct tests to a fair and uniform standard,

| — | a minimum periodic training of at least five days in total per period of five years, |
| --- | --- |

—

a minimum periodic training of at least five days in total per period of five years,

| — | in order to develop and maintain the necessary practical driving skills. |
| --- | --- |

—

in order to develop and maintain the necessary practical driving skills.

| 4.2.2. | Member States shall take the appropriate measures for ensuring that specific training is given promptly to those examiners that have found to be seriously malfunctioning by the quality assurance system in place. |
| --- | --- |

4.2.2.

Member States shall take the appropriate measures for ensuring that specific training is given promptly to those examiners that have found to be seriously malfunctioning by the quality assurance system in place.

| 4.2.3. | The nature of periodic training may take the form of briefing, classroom training, conventional or electronic-based learning, and it may be undertaken on an individual or group basis. It may include such re-accreditation of standards as Member States consider appropriate. |
| --- | --- |

4.2.3.

The nature of periodic training may take the form of briefing, classroom training, conventional or electronic-based learning, and it may be undertaken on an individual or group basis. It may include such re-accreditation of standards as Member States consider appropriate.

| 4.2.4. | Member States may provide that where an examiner is authorised to conduct driving tests in more than one category, satisfying the periodic training requirement in relation to tests for one category satisfies the requirement for more than one category, provided the condition set out in point 4.2.5 is satisfied. |
| --- | --- |

4.2.4.

Member States may provide that where an examiner is authorised to conduct driving tests in more than one category, satisfying the periodic training requirement in relation to tests for one category satisfies the requirement for more than one category, provided the condition set out in point 4.2.5 is satisfied.

| 4.2.5. | Where an examiner has not conducted tests for a category within a 24-month period, the examiner shall undertake a suitable reassessment before being allowed to carry out driving tests relating to that category. That re-assessment may be undertaken as part of the requirement set out in point 4.2.1. |
| --- | --- |

4.2.5.

Where an examiner has not conducted tests for a category within a 24-month period, the examiner shall undertake a suitable reassessment before being allowed to carry out driving tests relating to that category. That re-assessment may be undertaken as part of the requirement set out in point 4.2.1.

5.   Acquired rights

| 5.1. | Member States may allow persons authorised to conduct driving tests immediately before these provisions come into force to continue to conduct driving tests, notwithstanding that they were not authorised in accordance with the general conditions in point 2 or the initial qualification process set out in point 3. |
| --- | --- |

5.1.

Member States may allow persons authorised to conduct driving tests immediately before these provisions come into force to continue to conduct driving tests, notwithstanding that they were not authorised in accordance with the general conditions in point 2 or the initial qualification process set out in point 3.

| 5.2. | Such examiners are nonetheless subject to the regular supervision and quality assurance arrangements set out in point 4. |
| --- | --- |

5.2.

Such examiners are nonetheless subject to the regular supervision and quality assurance arrangements set out in point 4.

---

(1)  OJ L 199, 31.7.1985, p. 56.

ANNEX V

MINIMUM REQUIREMENTS FOR DRIVER TRAINING AND TESTING FOR COMBINATIONS AS DEFINED IN THE SECOND SUBPARAGRAPH OF ARTICLE 4(4)(B)

1.   Member States shall take the necessary measures to:

| — | approve and supervise the training provided for in Article 7(1)(d) or, |
| --- | --- |

—

approve and supervise the training provided for in Article 7(1)(d) or,

| — | organise the test of skills and behaviour provided for in Article 7(1)(d). |
| --- | --- |

—

organise the test of skills and behaviour provided for in Article 7(1)(d).

2.   Duration of driver training

| — | at least 7 hours. |
| --- | --- |

—

at least 7 hours.

3.   Content of driver training

The driver training shall cover the knowledge, skills and behaviour as described in points 2 and 7 of Annex II. Particular attention shall be paid to:

| — | vehicle movement dynamics, safety criteria, tractor vehicle and trailer (coupling mechanism), correct loading and safety fittings; |
| --- | --- |

—

vehicle movement dynamics, safety criteria, tractor vehicle and trailer (coupling mechanism), correct loading and safety fittings;

A practical component shall include the following exercises: acceleration, deceleration, reversing, braking, stopping distance, lane-changing, braking/evasive action, trailer swing, uncoupling from and re-coupling a trailer to its motor vehicle, parking;

| — | Each training participant has to perform the practical component and shall demonstrate its skills and behaviour on public roads, |
| --- | --- |

—

Each training participant has to perform the practical component and shall demonstrate its skills and behaviour on public roads,

| — | Vehicle combinations used for the training shall fall within the category of driving licence participants have applied for. |
| --- | --- |

—

Vehicle combinations used for the training shall fall within the category of driving licence participants have applied for.

4.   Duration and contents of the test of skills and behaviour

The length of the test and the distance travelled must be sufficient to assess the skills and behaviour laid down in point 3.

ANNEX VI

MINIMUM REQUIREMENTS FOR DRIVER TRAINING AND TESTING FOR MOTORCYCLES WITHIN CATEGORY A (PROGRESSIVE ACCESS)

1.   Member States shall take the necessary measures to:

| — | approve and supervise the training provided for in Article 7(1)(c) or, |
| --- | --- |

—

approve and supervise the training provided for in Article 7(1)(c) or,

| — | organise the test of skills and behaviour provided for in Article 7(1)(c). |
| --- | --- |

—

organise the test of skills and behaviour provided for in Article 7(1)(c).

2.   Duration of driver training

| — | at least 7 hours. |
| --- | --- |

—

at least 7 hours.

3.   Content of driver training

| — | The driver training shall contain all aspects covered in point 6 of Annex II. |
| --- | --- |

—

The driver training shall contain all aspects covered in point 6 of Annex II.

| — | Each participant has to perform the practical components of the training and shall demonstrate its skills and behaviour on public roads. |
| --- | --- |

—

Each participant has to perform the practical components of the training and shall demonstrate its skills and behaviour on public roads.

| — | Motorcycles used for the training shall fall within the category of driving licence participants have applied for. |
| --- | --- |

—

Motorcycles used for the training shall fall within the category of driving licence participants have applied for.

4.   Duration and contents of the test of skills and behaviour

The length of the test and the distance travelled must be sufficient to assess the skills and behaviour laid down in point 3 of this Annex.

ANNEX VII

Part A

Repealed Directive as successively amended

(referred to in Article 17)

| Council Directive 91/439/EEC (1) | (OJ L 237, 24.8.1991, p. 1) |
| --- | --- |
| Council Directive 94/72/EC | (OJ L 337, 24.12.1994, p. 86) |
| Council Directive 96/47/EC | (OJ L 235, 17.9.1996, p. 1) |
| Council Directive 97/26/EC | (OJ L 150, 7.6.1997, p. 41) |
| Commission Directive 2000/56/EC | (OJ L 237, 21.9.2000, p. 45) |
| Directive 2003/59/EC of the European Parliament and of the Council, only Article 10, paragraph 2 | (OJ L 226, 10.9.2003, p. 4) |
| Regulation (EC) No 1882/2003 of the European Parliament and of the Council, only Annex II, point 24 | (OJ L 284, 31.10.2003, p. 1) |

Council Directive 91/439/EEC (1)

(OJ L 237, 24.8.1991, p. 1)

Council Directive 94/72/EC

(OJ L 337, 24.12.1994, p. 86)

Council Directive 96/47/EC

(OJ L 235, 17.9.1996, p. 1)

Council Directive 97/26/EC

(OJ L 150, 7.6.1997, p. 41)

Commission Directive 2000/56/EC

(OJ L 237, 21.9.2000, p. 45)

Directive 2003/59/EC of the European Parliament and of the Council, only Article 10, paragraph 2

(OJ L 226, 10.9.2003, p. 4)

Regulation (EC) No 1882/2003 of the European Parliament and of the Council, only Annex II, point 24

(OJ L 284, 31.10.2003, p. 1)

Part B

Deadlines for transposition into national law and for application

(referred to in Article 17)

| Directive | Deadline for transposition | Date of application |
| --- | --- | --- |
| Directive 91/439/EEC | 1st July 1994 | 1st July 1996 |
| Directive 94/72/EC | — | 1st January 1995 |
| Decision 96/427/EC | — | 16 July 1996 |
| Directive 96/47/EC | 1st July 1996 | 1st July 1996 |
| Directive 97/26/EC | 1st January 1998 | 1st January 1998 |
| Directive 2000/56/EC | 30 September 2003 | 30 September 2003, 30 September 2008 (Annex II, point 6.2.5) and 30 September 2013 (Annex II point 5.2) |
| Directive 2003/59/EC | 10 September 2006 | 10 September 2008 (passenger transport) and 10 September 2009 (goods transport) |

Directive

Deadline for transposition

Date of application

Directive 91/439/EEC

1st July 1994

1st July 1996

Directive 94/72/EC

—

1st January 1995

Decision 96/427/EC

—

16 July 1996

Directive 96/47/EC

1st July 1996

1st July 1996

Directive 97/26/EC

1st January 1998

1st January 1998

Directive 2000/56/EC

30 September 2003

30 September 2003, 30 September 2008 (Annex II, point 6.2.5) and 30 September 2013 (Annex II point 5.2)

Directive 2003/59/EC

10 September 2006

10 September 2008 (passenger transport) and 10 September 2009 (goods transport)

---

(1)  Directive 91/439/EEC was also amended by the following act which has not been repealed: 1994 Act of accession.

ANNEX VIII

CORRELATION TABLE

| Directive 91/439/EEC | This Directive |
| --- | --- |
| Article 1(1), 1st sentence | Article 1(1) 1st sentence |
| Article 1(1), 2nd sentence | |
| | Article 1(2) |
| Article 1(2) | Article 2(1) |
| — | Article 2(2) |
| Article 1(3) | — |
| Article 2(1) | Article 1(1), 2nd sentence |
| Article 2(2) | Article 3(1) |
| | Article 3(2) |
| | Article 3(3) |
| Article 2(3) | — |
| Article 2(4) | — |
| Article 3(1), 1st subparagraph, introductory words | Article 4(1), 1st sentence |
| — | Article 4(2), 1st indent |
| — | Article 4(2), 2nd indent |
| Article 3(1), 1st subparagraph, 1st indent | Article 4(3), 1st indent |
| Article 3(1), 1st subparagraph, 2nd indent | Article 4(4)(b), 1st subparagraph |
| Article 3(1), 1st subparagraph, 3rd indent | Article 4(4)(b), 2nd subparagraph |
| Article 3(1), 1st subparagraph, 4th indent | Article 4(4)(c) |
| Article 3(1), 1st subparagraph, 5th indent | Article 4(4)(f) |
| Article 3(1), 1st subparagraph, 6th indent | Article 4(4)(g) |
| Article 3(1), 1st subparagraph, 7th indent | Article 4(4)(j) |
| Article 3(1), 1st subparagraph, 8th indent | Article 4(4)(k) |
| Article 3(2), 1st subparagraph, introductory words | — |
| Article 3(2), 1st subparagraph, 1st indent | Article 4(3)(a) |
| Article 3(2), 1st subparagraph, 2nd indent | Article 4(4)(a) |
| Article 3(2), 1st subparagraph, 3rd indent | Article 4(4)(d) |
| Article 3(2), 1st subparagraph, 4th indent | Article 4(4)(e) |
| Article 3(2), 1st subparagraph, 5th indent | Article 4(4)(h) |
| Article 3(2), 1st subparagraph, 6th indent, introductory words | Article 4(4)(i) |
| Article 3(2), 1st subparagraph, 6th indent, 1st sub-indent | — |
| Article 3(2), 1st subparagraph, 6th indent, 2nd sub-indent | — |
| Article 3(3), introductory words | — |
| Article 3(3), 1st indent | Article 4(1), 3rd sentence |
| Article 3(3), 2nd indent, 1st subparagraph | Article 4(3), 2nd indent |
| Article 3(3), 2nd indent, 2nd subparagraph | — |
| Article 3(3), 3rd indent | Article 4(3), 1st indent |
| Article 3(3), 4th indent | Article 4(4), 1st indent |
| Article 3(3), 5th indent | Article 4(4), 2nd indent |
| — | Article 4(3) |
| Article 3(4) | — |
| Article 3(5) | — |
| Article 3(6) | Article 4(5), 1st sentence |
| — | Article 4(5), 2nd sentence |
| Article 4 | Article 5 |
| Article 5(1) | Article 6(1) |
| Article 5(1)(a) | Article 6(1)(a) |
| Article 5(1)(b) | Article 6(1)(b) |
| Article 5(2), introductory words | Article 6(2), introductory words |
| Article 5(2)(a) | Article 6(2)(a) |
| Article 5(2)(b) | Article 6(2)(b) |
| — | Article 6(2)(c) |
| — | Article 6(2)(d) |
| — | Article 6(2)(e) |
| — | Article 6(2)(f) |
| Article 5(3) | — |
| Article 5(4) | Article 6(4) |
| Article 6(1), introductory words | Article 4(1), 2nd sentence |
| Article 6(1)(a), 1st indent | Article 4(3)(a), 3rd indent |
| Article 6(1)(a), 2nd indent | Article 4(4)(a), 2nd indent |
| Article 6(1)(b), 1st indent | Article 4(3)(b), 2nd indent |
| — | Article 4(3)(c), 2nd indent |
| Article 6(1)(b), 2nd indent 1st alternative | Article 4(4)(b), 5th subparagraph |
| Article 6(1)(b), 2nd indent 2nd alternative | Article 4(4)(c), 2nd indent |
| Article 6(1)(b), 3rd indent 1st and 2nd alternative | Article 4(4)(g), 2nd indent |
| Article 6(1)(b), 3rd indent 3rd and 4th alternative | Article 4(4)(e), 3rd indent |
| Article 6(1)(c), 1st indent 1st and 2nd alternative | Article 4(4)(k), 2nd indent |
| Article 6(1)(c), 1st indent 3rd and 4th alternative | Article 4(4)(i), 2nd indent |
| Article 6(2) | Article 4(6), 1st subparagraph |
| — | Article 4(6), 2nd subparagraph |
| Article 6(3) | Article 4(6), 3rd and 4th subparagraphs |
| Article 7(1), introductory words | Article 7(1), introductory words |
| Article 7(1)(a) | Article 7(1)(a) |
| — | Article 7(1)(b) |
| — | Article 7(1)(c) |
| — | Article 7(1)(d) |
| Article 7(1)(b) | Article 7(1)(e) |
| Article 7(2) | — |
| Article 7(3) | — |
| — | Article 7(2) |
| — | Article 7(3) |
| Article 7(4) | Article 7(4) |
| Article 7(5) | Article 7(5)(a) |
| — | Article 7(5)(b) |
| — | Article 7(5)(c) |
| — | Article 7(5)(d) |
| Article 7 a(1) | — |
| Article 7 a(2) | Article 8 |
| Article 7 b | Article 9 |
| — | Article 10 |
| Article 8 | Article 11 |
| Article 9 | Article 12 |
| Article 10 | Article 13(1) |
| — | Article 13(2) |
| Article 11 | Article 14 |
| Article 12(1) | — |
| Article 12(2) | — |
| Article 12(3) | Article 15 |
| — | Article 16 |
| Article 13 | Article 17, 1st subparagraph |
| — | Article 17, 2nd subparagraph |
| — | Article 18 |
| Article 14 | Article 19 |
| Annex I | — |
| Annex Ia | Annex I |
| Annex II | Annex II |
| Annex III | Annex III |
| — | Annex IV |
| — | Annex V |
| — | Annex VI |

Directive 91/439/EEC

This Directive

Article 1(1), 1st sentence

Article 1(1) 1st sentence

Article 1(1), 2nd sentence

Article 1(2)

Article 1(2)

Article 2(1)

—

Article 2(2)

Article 1(3)

—

Article 2(1)

Article 1(1), 2nd sentence

Article 2(2)

Article 3(1)

Article 3(2)

Article 3(3)

Article 2(3)

—

Article 2(4)

—

Article 3(1), 1st subparagraph, introductory words

Article 4(1), 1st sentence

—

Article 4(2), 1st indent

—

Article 4(2), 2nd indent

Article 3(1), 1st subparagraph, 1st indent

Article 4(3), 1st indent

Article 3(1), 1st subparagraph, 2nd indent

Article 4(4)(b), 1st subparagraph

Article 3(1), 1st subparagraph, 3rd indent

Article 4(4)(b), 2nd subparagraph

Article 3(1), 1st subparagraph, 4th indent

Article 4(4)(c)

Article 3(1), 1st subparagraph, 5th indent

Article 4(4)(f)

Article 3(1), 1st subparagraph, 6th indent

Article 4(4)(g)

Article 3(1), 1st subparagraph, 7th indent

Article 4(4)(j)

Article 3(1), 1st subparagraph, 8th indent

Article 4(4)(k)

Article 3(2), 1st subparagraph, introductory words

—

Article 3(2), 1st subparagraph, 1st indent

Article 4(3)(a)

Article 3(2), 1st subparagraph, 2nd indent

Article 4(4)(a)

Article 3(2), 1st subparagraph, 3rd indent

Article 4(4)(d)

Article 3(2), 1st subparagraph, 4th indent

Article 4(4)(e)

Article 3(2), 1st subparagraph, 5th indent

Article 4(4)(h)

Article 3(2), 1st subparagraph, 6th indent, introductory words

Article 4(4)(i)

Article 3(2), 1st subparagraph, 6th indent, 1st sub-indent

—

Article 3(2), 1st subparagraph, 6th indent, 2nd sub-indent

—

Article 3(3), introductory words

—

Article 3(3), 1st indent

Article 4(1), 3rd sentence

Article 3(3), 2nd indent, 1st subparagraph

Article 4(3), 2nd indent

Article 3(3), 2nd indent, 2nd subparagraph

—

Article 3(3), 3rd indent

Article 4(3), 1st indent

Article 3(3), 4th indent

Article 4(4), 1st indent

Article 3(3), 5th indent

Article 4(4), 2nd indent

—

Article 4(3)

Article 3(4)

—

Article 3(5)

—

Article 3(6)

Article 4(5), 1st sentence

—

Article 4(5), 2nd sentence

Article 4

Article 5

Article 5(1)

Article 6(1)

Article 5(1)(a)

Article 6(1)(a)

Article 5(1)(b)

Article 6(1)(b)

Article 5(2), introductory words

Article 6(2), introductory words

Article 5(2)(a)

Article 6(2)(a)

Article 5(2)(b)

Article 6(2)(b)

—

Article 6(2)(c)

—

Article 6(2)(d)

—

Article 6(2)(e)

—

Article 6(2)(f)

Article 5(3)

—

Article 5(4)

Article 6(4)

Article 6(1), introductory words

Article 4(1), 2nd sentence

Article 6(1)(a), 1st indent

Article 4(3)(a), 3rd indent

Article 6(1)(a), 2nd indent

Article 4(4)(a), 2nd indent

Article 6(1)(b), 1st indent

Article 4(3)(b), 2nd indent

—

Article 4(3)(c), 2nd indent

Article 6(1)(b), 2nd indent 1st alternative

Article 4(4)(b), 5th subparagraph

Article 6(1)(b), 2nd indent 2nd alternative

Article 4(4)(c), 2nd indent

Article 6(1)(b), 3rd indent 1st and 2nd alternative

Article 4(4)(g), 2nd indent

Article 6(1)(b), 3rd indent 3rd and 4th alternative

Article 4(4)(e), 3rd indent

Article 6(1)(c), 1st indent 1st and 2nd alternative

Article 4(4)(k), 2nd indent

Article 6(1)(c), 1st indent 3rd and 4th alternative

Article 4(4)(i), 2nd indent

Article 6(2)

Article 4(6), 1st subparagraph

—

Article 4(6), 2nd subparagraph

Article 6(3)

Article 4(6), 3rd and 4th subparagraphs

Article 7(1), introductory words

Article 7(1), introductory words

Article 7(1)(a)

Article 7(1)(a)

—

Article 7(1)(b)

—

Article 7(1)(c)

—

Article 7(1)(d)

Article 7(1)(b)

Article 7(1)(e)

Article 7(2)

—

Article 7(3)

—

—

Article 7(2)

—

Article 7(3)

Article 7(4)

Article 7(4)

Article 7(5)

Article 7(5)(a)

—

Article 7(5)(b)

—

Article 7(5)(c)

—

Article 7(5)(d)

Article 7 a(1)

—

Article 7 a(2)

Article 8

Article 7 b

Article 9

—

Article 10

Article 8

Article 11

Article 9

Article 12

Article 10

Article 13(1)

—

Article 13(2)

Article 11

Article 14

Article 12(1)

—

Article 12(2)

—

Article 12(3)

Article 15

—

Article 16

Article 13

Article 17, 1st subparagraph

—

Article 17, 2nd subparagraph

—

Article 18

Article 14

Article 19

Annex I

—

Annex Ia

Annex I

Annex II

Annex II

Annex III

Annex III

—

Annex IV

—

Annex V

—

Annex VI

P6_TA(2006)0588

Amendment of Rule 81 of Parliament's Rules of Procedure, Implementing provisions

European Parliament decision on amendment of Rule 81 of Parliament's Rules of Procedure, Implementing provisions (2006/2211(REG))

The European Parliament,

| — | having regard to its position of 6 July 2006 on the draft Council Decision amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission, and, in particular, paragraph 2 thereof (1), |
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—

having regard to its position of 6 July 2006 on the draft Council Decision amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission, and, in particular, paragraph 2 thereof (1),

| — | having regard to the Council Decision 2006/512/EC of 17 July 2006 amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (2), |
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—

having regard to the Council Decision 2006/512/EC of 17 July 2006 amending Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (2),

| — | having regard to the letter of its President of 20 July 2006, |
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—

having regard to the letter of its President of 20 July 2006,

| — | having regard to Rules 201 and 202 of its Rules of Procedure, |
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—

having regard to Rules 201 and 202 of its Rules of Procedure,

| — | having regard to the report of the Committee on Constitutional Affairs (A6-0415/2006); |
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—

having regard to the report of the Committee on Constitutional Affairs (A6-0415/2006);

Whereas

| A. | negotiations between the European Parliament, the Council and the Commission have led to the conclusion of an interinstitutional agreement taking the form of a joint statement welcoming the draft for a new procedure to be introduced into Decision 1999/468/EC, |
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A.

negotiations between the European Parliament, the Council and the Commission have led to the conclusion of an interinstitutional agreement taking the form of a joint statement welcoming the draft for a new procedure to be introduced into Decision 1999/468/EC,

| B. | the new procedure, known as the ‘regulatory procedure with scrutiny’, entitles the European Parliament and the Council to scrutinise ‘quasi-legislative’ measures implementing an instrument adopted by codecision on an equal footing and to reject such measures, |
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B.

the new procedure, known as the ‘regulatory procedure with scrutiny’, entitles the European Parliament and the Council to scrutinise ‘quasi-legislative’ measures implementing an instrument adopted by codecision on an equal footing and to reject such measures,

| C. | decision 2006/512/EC is accompanied by this joint statement, a statement by the Commission recorded in the minutes of the Council and statements by the Commission concerning the implementation and application of the new procedure, |
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C.

decision 2006/512/EC is accompanied by this joint statement, a statement by the Commission recorded in the minutes of the Council and statements by the Commission concerning the implementation and application of the new procedure,

| D. | it is appropriate to modify Rule 81 of the Rules of Procedure so as to enable Parliament to make use of the rights under the new procedure under the best possible conditions, |
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D.

it is appropriate to modify Rule 81 of the Rules of Procedure so as to enable Parliament to make use of the rights under the new procedure under the best possible conditions,

| 1. | Decides to amend its Rules of Procedure as shown below; |
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1.

Decides to amend its Rules of Procedure as shown below;

| 2. | Decides that the amendment will enter into force on 1 January 2007; |
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2.

Decides that the amendment will enter into force on 1 January 2007;

| 3. | Instructs its President to ensure through arrangements with the other institutions at the administrative level, that drafts of measures are not transmitted to Parliament shortly before a recess of Parliament; |
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3.

Instructs its President to ensure through arrangements with the other institutions at the administrative level, that drafts of measures are not transmitted to Parliament shortly before a recess of Parliament;

| 4. | Instructs its President to forward this decision to the Council and Commission, for information. |
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4.

Instructs its President to forward this decision to the Council and Commission, for information.

Rule 81

Implementing
  provisions

1.   When the Commission forwards a draft implementing
  measure
  to Parliament, the President shall refer
  the document in question
  to the committee responsible for the act from which the implementing
  provisions
  derive.

2.   
  On a proposal from the committee responsible, Parliament may, within one month — or three months for financial services measures — of the date of receipt of the draft implementing measure, adopt a resolution objecting to the draft measure, in particular if it exceeds the implementing powers provided for in the basic instrument. Where there is no part-session before the deadline expires, or in cases where urgent action is required, the right of response shall be deemed to have been delegated to the committee responsible. This shall take the form of a letter from the committee chairman to the Member of the Commission responsible, and shall be brought to the attention of all Members of Parliament. If Parliament objects to the measure, the President shall request the Commission to withdraw or amend the measure or submit a proposal under the appropriate legislative procedure.

Rule 81

Implementing
  measures

1.   When the Commission forwards a draft
  of
  implementing
  measures
  to Parliament, the President shall refer
  the draft of measures
  to the committee responsible for the act from which the implementing
  measures
  derive.
  When enhanced cooperation between committees has taken place with regard to the basic act, the committee responsible shall invite the other committee to communicate its views orally or by letter.

2.   
  The chairman of the committee responsible shall set a deadline for Members to propose that the committee objects to the draft of measures. Where the committee considers it to be appropriate, it may decide to appoint a rapporteur from among its members or permanent substitutes. If the committee objects to the draft of measures, it shall table a motion for a resolution opposing the adoption of the draft of measures which may also indicate the changes that ought to be brought to the draft of measures.

If, within the applicable deadline from the date of receipt of the draft of measures, Parliament adopts such a resolution the President shall request the Commission to withdraw or amend the draft of measures or submit a proposal under the appropriate legislative procedure.

3.
     
  Where there is no part-session before the deadline expires, the right of response shall be deemed to have been delegated to the committee responsible. This response shall take the form of a letter from the committee chairman to the Member of the Commission responsible, and shall be brought to the attention of all Members of Parliament.

4.
     
  If the implementing measures envisaged by the Commission fall under the Regulatory Procedure with Scrutiny, paragraph 3 shall not apply and paragraphs 1 and 2 shall be supplemented as follows:

| (a) | the time for scrutiny starts to run when the draft of measures has been submitted to Parliament in all official languages; |
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(a)

the time for scrutiny starts to run when the draft of measures has been submitted to Parliament in all official languages;

| (b) | Parliament may oppose the adoption of the draft of measures, justifying its opposition by indicating that the draft of measures exceeds the implementing powers provided for in the basic instrument, is not compatible with the aim or the content of the basic instrument or does not respect the principles of subsidiarity or proportionality; |
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(b)

Parliament may oppose the adoption of the draft of measures, justifying its opposition by indicating that the draft of measures exceeds the implementing powers provided for in the basic instrument, is not compatible with the aim or the content of the basic instrument or does not respect the principles of subsidiarity or proportionality;

| (c) | Parliament may oppose the adoption of the draft of measures acting by a majority of its component members. |
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(c)

Parliament may oppose the adoption of the draft of measures acting by a majority of its component members.

| (d) | If the draft of measures is based on paragraph 5 or 6 of Article 5a of Decision 1999/468/EC, which provides for curtailed time-limits for the opposition of Parliament, a motion for resolution opposing the adoption of the draft of measures may be tabled by the chairman of the committee responsible if the committee has not been able to meet in the time available. |
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(d)

If the draft of measures is based on paragraph 5 or 6 of Article 5a of Decision 1999/468/EC, which provides for curtailed time-limits for the opposition of Parliament, a motion for resolution opposing the adoption of the draft of measures may be tabled by the chairman of the committee responsible if the committee has not been able to meet in the time available.

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(1)  P6_TA(2006)0310.

(2)  OJ L 200, 22.7.2006, p. 11.

P6_TA(2006)0589

Amendment of the Rules of Procedure (Quaestors, committee bureaux)

European Parliament decision on amendment of Rules 15 and 182(1) of Parliament's Rules of Procedure — Election of Quaestors and committee bureaux (2006/2287(REG))

The European Parliament,

| — | having regard to the proposal for amendment of its Rules of Procedure (B6-0628/2006), |
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—

having regard to the proposal for amendment of its Rules of Procedure (B6-0628/2006),

| — | having regard to Rules 201 and 202 of its Rules of Procedure, |
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—

having regard to Rules 201 and 202 of its Rules of Procedure,

| — | having regard to the report of the Committee on Constitutional Affairs (A6-0464/2006); |
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—

having regard to the report of the Committee on Constitutional Affairs (A6-0464/2006);

| 1. | Decides to amend its Rules of Procedure as shown below; |
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1.

Decides to amend its Rules of Procedure as shown below;

| 2. | Decides that the amendments will enter into force on 1 January 2007; |
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2.

Decides that the amendments will enter into force on 1 January 2007;

| 3. | Instructs its President to forward this decision to the Council and Commission, for information. |
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3.

Instructs its President to forward this decision to the Council and Commission, for information.

For the period from January 2007 to July 2009 the Parliament shall elect six Quaestors.

For the period from January 2007 to July 2009 the Committee bureaux shall include four Vice-Chairmen.

P6_TA(2006)0590

External Borders Fund ***I

European Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council establishing the External Borders Fund for the period 2007-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (COM(2005)0123 — C6-0125/2005 — 2005/0047(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0123) (1), |
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—

having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0123) (1),

| — | having regard to Article 251(2) and Article 62(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0125/2005), |
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—

having regard to Article 251(2) and Article 62(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0125/2005),

| — | having regard to Rule 51 of its Rules of Procedure, |
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—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Foreign Affairs and the Committee on Budgets (A6-0427/2006); |
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—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Foreign Affairs and the Committee on Budgets (A6-0427/2006);

| 1. | Approves the Commission proposal as amended; |
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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; |
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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. |
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3.

Instructs its President to forward its position to the Council and Commission.

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(1)  Not yet published in OJ.

P6_TC1-COD(2005)0047

Position of the European Parliament adopted at first reading on 14 December 2006 with a view to the adoption of Decision No .../2007/EC of the European Parliament and of the Council on establishing the External Borders Fund for the period 2007 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 62(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) | While each Member State contributes to a high and uniform level of control on persons and surveillance of the external borders of the Member States of the European Union within the framework of common rules, some Member States face a heavier burden than others. |
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(1)

While each Member State contributes to a high and uniform level of control on persons and surveillance of the external borders of the Member States of the European Union within the framework of common rules, some Member States face a heavier burden than others.

| (2) | The difference in the burden is explained by the differing situations prevailing in Member States as regards the geography of their external borders, the number of authorised and operative border crossing points, the level of migratory pressure, both legal and illegal, the risks and threats encountered and finally the workload of the national services regarding the examination of visas applications and the issuing of visas. |
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(2)

The difference in the burden is explained by the differing situations prevailing in Member States as regards the geography of their external borders, the number of authorised and operative border crossing points, the level of migratory pressure, both legal and illegal, the risks and threats encountered and finally the workload of the national services regarding the examination of visas applications and the issuing of visas.

| (3) | Burden-sharing between Member States and the European Union in the management of external borders is one of the five components of the common policy for the management of the external borders, as proposed by the Commission in its Communication of 7 May 2002‘Towards integrated management of the external borders of the Member States of the European Union’ and endorsed by the Council in its ‘Plan for the management of the external borders of the Member States of the European Union’ of 14 June 2002. |
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(3)

Burden-sharing between Member States and the European Union in the management of external borders is one of the five components of the common policy for the management of the external borders, as proposed by the Commission in its Communication of 7 May 2002‘Towards integrated management of the external borders of the Member States of the European Union’ and endorsed by the Council in its ‘Plan for the management of the external borders of the Member States of the European Union’ of 14 June 2002.

| (4) | While Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (4) constitutes an important step towards the progressive development of the operational dimension of the European common-integrated-border management system, the implementation of effective and common standards for control and surveillance of the external borders calls for a Community financial solidarity mechanism in order to support the Member States who bear, for the benefit of the Community, a lasting and heavy financial burden. |
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(4)

While Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (4) constitutes an important step towards the progressive development of the operational dimension of the European common-integrated-border management system, the implementation of effective and common standards for control and surveillance of the external borders calls for a Community financial solidarity mechanism in order to support the Member States who bear, for the benefit of the Community, a lasting and heavy financial burden.

| (5) | The common corpus of legislation, as defined, in particular, by Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (the Schengen Borders Code) (5), provides for border checks to help combat illegal immigration and trafficking in human beings and to prevent any threat to the Member States' internal security while, at the same time, providing for border checks to be carried out in such a way as to fully respect human dignity. |
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(5)

The common corpus of legislation, as defined, in particular, by Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (the Schengen Borders Code) (5), provides for border checks to help combat illegal immigration and trafficking in human beings and to prevent any threat to the Member States' internal security while, at the same time, providing for border checks to be carried out in such a way as to fully respect human dignity.

| (6) | The External Borders Fund (hereinafter referred to as ‘the Fund’) should express solidarity through financial assistance to those Member States that apply the Schengen provisions on external borders. |
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(6)

The External Borders Fund (hereinafter referred to as ‘the Fund’) should express solidarity through financial assistance to those Member States that apply the Schengen provisions on external borders.

| (7) | Such financial assistance should be structured in such a way as to form a bridge with past financial contributions from the European Union to Member States which at the time of entry into force of this Decision do not yet apply all provisions of the Schengen acquis, without, however, constituting a mere continuation of the actions funded previously from other sources covered by the general budget of the European Union. In such cases, the Fund should assist those Member States preparing for full participation as soon as possible, in accordance with the Hague Programme of 4 and 5 November 2004. |
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(7)

Such financial assistance should be structured in such a way as to form a bridge with past financial contributions from the European Union to Member States which at the time of entry into force of this Decision do not yet apply all provisions of the Schengen acquis, without, however, constituting a mere continuation of the actions funded previously from other sources covered by the general budget of the European Union. In such cases, the Fund should assist those Member States preparing for full participation as soon as possible, in accordance with the Hague Programme of 4 and 5 November 2004.

| (8) | Moreover, the Fund should take into account specific situations, such as the transit by land of third-country nationals who must necessarily cross the territory of one or more Member States in order to travel between two parts of their own country which are not geographically contiguous, not only in the own interests of the Member State(s) concerned but also of all Member States which have abolished checks at their internal borders. In such cases, the actions to be financed should be exhaustively defined and the allocation of resources should be determined on the basis of a factual assessment of the needs in relation to those actions. |
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(8)

Moreover, the Fund should take into account specific situations, such as the transit by land of third-country nationals who must necessarily cross the territory of one or more Member States in order to travel between two parts of their own country which are not geographically contiguous, not only in the own interests of the Member State(s) concerned but also of all Member States which have abolished checks at their internal borders. In such cases, the actions to be financed should be exhaustively defined and the allocation of resources should be determined on the basis of a factual assessment of the needs in relation to those actions.

| (9) | In order to ensure uniform and high-quality external border control and flexible cross-border traffic, the Fund should contribute to the development of a European common-integrated-border management system which includes all the measures relating to policy, legislation, systematic cooperation, the distribution of the burden, personnel, equipment and technology taken at different levels by the competent authorities of the Member States, acting in cooperation and, where necessary, together with other actors, utilising, inter alia, the four-tier border security model and integrated risk analysis of the European Union. |
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(9)

In order to ensure uniform and high-quality external border control and flexible cross-border traffic, the Fund should contribute to the development of a European common-integrated-border management system which includes all the measures relating to policy, legislation, systematic cooperation, the distribution of the burden, personnel, equipment and technology taken at different levels by the competent authorities of the Member States, acting in cooperation and, where necessary, together with other actors, utilising, inter alia, the four-tier border security model and integrated risk analysis of the European Union.

| (10) | In accordance with Protocol No 5 to the 2003 Act of Accession (6) on the transit of persons by land between the region of Kaliningrad and other parts of the Russian Federation, the Fund should bear any additional cost incurred in implementing the specific provision of the acquis covering such transit. |
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(10)

In accordance with Protocol No 5 to the 2003 Act of Accession (6) on the transit of persons by land between the region of Kaliningrad and other parts of the Russian Federation, the Fund should bear any additional cost incurred in implementing the specific provision of the acquis covering such transit.

| (11) | As a complement to the operational cooperation developed under the aegis of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union established by Regulation (EC) No 2007/2004 (hereinafter referred to as ‘the Agency’) and in addition to the allocation of funds to the Member States, the Fund should also introduce the possibility of a Community response to weaknesses at strategic border points by co-financing specific actions to address those weaknesses, on the basis of a specific amount set aside each year for such actions. |
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(11)

As a complement to the operational cooperation developed under the aegis of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union established by Regulation (EC) No 2007/2004 (hereinafter referred to as ‘the Agency’) and in addition to the allocation of funds to the Member States, the Fund should also introduce the possibility of a Community response to weaknesses at strategic border points by co-financing specific actions to address those weaknesses, on the basis of a specific amount set aside each year for such actions.

| (12) | The Fund should include support for national measures and cooperation between Member States in the area of visa policy and other pre-frontier activities that take place prior to external border controls. The efficient management of activities organised by the consular services of the Member States in third countries is in the interest of the common visa policy as part of a multi-layered system aimed at facilitating legitimate travel and tackling illegal immigration into the European Union, and constitutes an integral part of the European common-integrated-border management system. |
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(12)

The Fund should include support for national measures and cooperation between Member States in the area of visa policy and other pre-frontier activities that take place prior to external border controls. The efficient management of activities organised by the consular services of the Member States in third countries is in the interest of the common visa policy as part of a multi-layered system aimed at facilitating legitimate travel and tackling illegal immigration into the European Union, and constitutes an integral part of the European common-integrated-border management system.

| (13) | In the light of the scope and the purpose of the Fund, it should not, in any event, support actions with respect to areas and centres for holding persons in third countries. |
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(13)

In the light of the scope and the purpose of the Fund, it should not, in any event, support actions with respect to areas and centres for holding persons in third countries.

| (14) | Objective criteria should be established to allocate the available annual resources to the Member States. These criteria should be broken down according to the type of border, taking into account the flow and the levels of threat at the external borders of the Member States. |
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(14)

Objective criteria should be established to allocate the available annual resources to the Member States. These criteria should be broken down according to the type of border, taking into account the flow and the levels of threat at the external borders of the Member States.

| (15) | The application of these criteria should be reviewed in 2010 to enable any new circumstances, including in particular those resulting from changes in the external borders themselves, to be taken into account. |
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(15)

The application of these criteria should be reviewed in 2010 to enable any new circumstances, including in particular those resulting from changes in the external borders themselves, to be taken into account.

| (16) | In view of the mission of the Agency to assist Member States in implementing the operational aspects of external border management and in order to develop complementarity between its mission and the responsibilities of the Member States for the control and surveillance of external borders, the Agency should be consulted by the Commission on draft multiannual programmes submitted by the Member States and on the strategic guidelines prepared by the Commission. |
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(16)

In view of the mission of the Agency to assist Member States in implementing the operational aspects of external border management and in order to develop complementarity between its mission and the responsibilities of the Member States for the control and surveillance of external borders, the Agency should be consulted by the Commission on draft multiannual programmes submitted by the Member States and on the strategic guidelines prepared by the Commission.

| (17) | Moreover, the Commission may request the Agency to provide input into the assessment by the Commission of the impact of the Fund on the development of policy and legislation on external border control, the synergies between the Fund and the tasks of the Agency, as well as the appropriateness of the criteria for allocating the funds between the Member States in the light of the objectives pursued by the European Union in this area. |
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(17)

Moreover, the Commission may request the Agency to provide input into the assessment by the Commission of the impact of the Fund on the development of policy and legislation on external border control, the synergies between the Fund and the tasks of the Agency, as well as the appropriateness of the criteria for allocating the funds between the Member States in the light of the objectives pursued by the European Union in this area.

| (18) | This Decision is designed to form part of a coherent framework which also includes Decision No .../2007/EC of the European Parliament and of the Council of ... establishing the European Refugee Fund for the period 2008 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (7)
   (*), Decision No .../2007/EC of the European Parliament and of the Council of ... establishing the European Return Fund for the period 2008 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (8)
   (*), and Council Decision No .../2007/EC of ... establishing the European Fund for the Integration of Third-country Nationals for the period 2007 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (9)
   (*), which aims to address the issue of fairly sharing responsibilities between Member States as concerns the financial burden arising from the introduction of integrated management of the European Union's external borders and from the implementation of common policies on asylum and immigration, as developed in accordance with Title IV of Part Three of the Treaty. |
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(18)

This Decision is designed to form part of a coherent framework which also includes Decision No .../2007/EC of the European Parliament and of the Council of ... establishing the European Refugee Fund for the period 2008 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (7)
   (*), Decision No .../2007/EC of the European Parliament and of the Council of ... establishing the European Return Fund for the period 2008 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (8)
   (*), and Council Decision No .../2007/EC of ... establishing the European Fund for the Integration of Third-country Nationals for the period 2007 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (9)
   (*), which aims to address the issue of fairly sharing responsibilities between Member States as concerns the financial burden arising from the introduction of integrated management of the European Union's external borders and from the implementation of common policies on asylum and immigration, as developed in accordance with Title IV of Part Three of the Treaty.

| (19) | Participation in this Fund by a Member State should not coincide with its participation in a future temporary instrument designed to help beneficiary Member States to finance actions at new external borders of the European Union for the implementation of the Schengen acquis and external border control. |
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(19)

Participation in this Fund by a Member State should not coincide with its participation in a future temporary instrument designed to help beneficiary Member States to finance actions at new external borders of the European Union for the implementation of the Schengen acquis and external border control.

| (20) | The actions supported under this Fund should be in synergy with the actions supported by the Community instruments on external assistance and take place within the framework of the European Union's external relations policy, in particular the strategy for the external dimensions of the area of freedom, security and justice. |
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(20)

The actions supported under this Fund should be in synergy with the actions supported by the Community instruments on external assistance and take place within the framework of the European Union's external relations policy, in particular the strategy for the external dimensions of the area of freedom, security and justice.

| (21) | The support provided by the Fund would be more efficient and better targeted if co-financing of eligible actions were based on strategic multiannual programming, drawn up by each Member State in dialogue with the Commission. |
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(21)

The support provided by the Fund would be more efficient and better targeted if co-financing of eligible actions were based on strategic multiannual programming, drawn up by each Member State in dialogue with the Commission.

| (22) | On the basis of strategic guidelines adopted by the Commission, each Member State should prepare a multiannual programming document taking into account its specific situation and needs and setting out its development strategy that should constitute the framework for preparing the implementation of the actions to be listed in annual programmes. |
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(22)

On the basis of strategic guidelines adopted by the Commission, each Member State should prepare a multiannual programming document taking into account its specific situation and needs and setting out its development strategy that should constitute the framework for preparing the implementation of the actions to be listed in annual programmes.

| (23) | In accordance with the implementation methods referred to in Article 53(1)(b) of Council Regulation (EC, Euratom), No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (10) (hereinafter referred to as ‘the Financial Regulation’), the conditions allowing the Commission to exercise its responsibilities for implementation of the general budget of the European Union should be specified and the obligations for the cooperation of the Member States clarified. Applying those conditions would enable the Commission to satisfy itself that Member States are using the Fund in a lawful and correct manner and in accordance with the principle of sound financial management within the meaning of Articles 27 and 48(2) of the Financial Regulation. |
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(23)

In accordance with the implementation methods referred to in Article 53(1)(b) of Council Regulation (EC, Euratom), No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (10) (hereinafter referred to as ‘the Financial Regulation’), the conditions allowing the Commission to exercise its responsibilities for implementation of the general budget of the European Union should be specified and the obligations for the cooperation of the Member States clarified. Applying those conditions would enable the Commission to satisfy itself that Member States are using the Fund in a lawful and correct manner and in accordance with the principle of sound financial management within the meaning of Articles 27 and 48(2) of the Financial Regulation.

| (24) | Member States should adopt adequate measures to guarantee the proper functioning of the management and control system and the quality of implementation. To this end, it is necessary to establish the general principles and necessary functions which all programmes should fulfil. |
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(24)

Member States should adopt adequate measures to guarantee the proper functioning of the management and control system and the quality of implementation. To this end, it is necessary to establish the general principles and necessary functions which all programmes should fulfil.

| (25) | Since the Fund may support national measures of a Member State to implement provisions of the Schengen acquis ranging from external border control to visa policy at different levels and locations, more than one authority in any given Member State might be involved. Therefore, Member States should be allowed to designate several certifying and audit authorities or delegated authorities as long as there is a clear allocation of functions for each of these authorities. |
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(25)

Since the Fund may support national measures of a Member State to implement provisions of the Schengen acquis ranging from external border control to visa policy at different levels and locations, more than one authority in any given Member State might be involved. Therefore, Member States should be allowed to designate several certifying and audit authorities or delegated authorities as long as there is a clear allocation of functions for each of these authorities.

| (26) | In accordance with the principles of subsidiarity and proportionality, Member States should have the primary responsibility for the implementation and control of the interventions of the Fund. |
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(26)

In accordance with the principles of subsidiarity and proportionality, Member States should have the primary responsibility for the implementation and control of the interventions of the Fund.

| (27) | The obligations on the Member States as regards management and control systems, the certification of expenditure, and the prevention, detection and correction of irregularities and infringements of Community law should be specified in order to guarantee the efficient and correct implementation of their multiannual and annual programmes. In particular, as far as management and control are concerned, it is necessary to establish the arrangements by which Member States ensure that the relevant systems are in place and function satisfactorily. |
| --- | --- |

(27)

The obligations on the Member States as regards management and control systems, the certification of expenditure, and the prevention, detection and correction of irregularities and infringements of Community law should be specified in order to guarantee the efficient and correct implementation of their multiannual and annual programmes. In particular, as far as management and control are concerned, it is necessary to establish the arrangements by which Member States ensure that the relevant systems are in place and function satisfactorily.

| (28) | Without prejudice to the Commission's powers as regards financial control, cooperation between the Member States and the Commission in this field should be encouraged. |
| --- | --- |

(28)

Without prejudice to the Commission's powers as regards financial control, cooperation between the Member States and the Commission in this field should be encouraged.

| (29) | The effectiveness and impact of actions supported by the Fund also depend on their evaluation and the dissemination of their results. The responsibilities of the Member States and the Commission in this regard, and arrangements to ensure the reliability of evaluation and the quality of the related information, should be formalised. |
| --- | --- |

(29)

The effectiveness and impact of actions supported by the Fund also depend on their evaluation and the dissemination of their results. The responsibilities of the Member States and the Commission in this regard, and arrangements to ensure the reliability of evaluation and the quality of the related information, should be formalised.

| (30) | Actions should be evaluated with a view to a mid-term review and impact assessment, and the evaluation process should be incorporated into project monitoring arrangements. |
| --- | --- |

(30)

Actions should be evaluated with a view to a mid-term review and impact assessment, and the evaluation process should be incorporated into project monitoring arrangements.

| (31) | Bearing in mind the importance of visibility of Community funding, the Commission should provide guidance to facilitate the proper acknowledgement of the support received by any authority, non-governmental organisation, international organisation or other entity receiving a grant under this Fund, taking into account the practice with respect to other instruments under shared management, such as the Structural Funds. |
| --- | --- |

(31)

Bearing in mind the importance of visibility of Community funding, the Commission should provide guidance to facilitate the proper acknowledgement of the support received by any authority, non-governmental organisation, international organisation or other entity receiving a grant under this Fund, taking into account the practice with respect to other instruments under shared management, such as the Structural Funds.

| (32) | This Decision establishes a financial envelope for the entire duration of the programme, which constitutes the prime reference for the budgetary authority during the annual budgetary procedure, according to point 37 of the Interinstitutional agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (11). |
| --- | --- |

(32)

This Decision establishes a financial envelope for the entire duration of the programme, which constitutes the prime reference for the budgetary authority during the annual budgetary procedure, according to point 37 of the Interinstitutional agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (11).

| (33) | Since the objective of this Decision, namely to support the establishment of a European common-integrated-border management system, which covers, inter alia, the management of activities organised by consular and other services of the Member States in third countries as regards the flows of third-country nationals into the territory of the Member States, cannot be sufficiently achieved by the Member States and can therefore by reason of the scale and effects of the action be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary to achieve this objective. |
| --- | --- |

(33)

Since the objective of this Decision, namely to support the establishment of a European common-integrated-border management system, which covers, inter alia, the management of activities organised by consular and other services of the Member States in third countries as regards the flows of third-country nationals into the territory of the Member States, cannot be sufficiently achieved by the Member States and can therefore by reason of the scale and effects of the action be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary to achieve this objective.

| (34) | The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (12). |
| --- | --- |

(34)

The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (12).

| (35) | Since the measure of this Decision relating to the adoption of strategic guidelines is of general scope and are designed to amend non-essential elements of this Decision, inter alia by deleting some of those elements or by supplementing this Decision by the addition of new non-essential elements, it should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. On grounds of efficiency, the normal time-limits for the regulatory procedure with scrutiny should be curtailed for the adoption of the strategic guidelines. |
| --- | --- |

(35)

Since the measure of this Decision relating to the adoption of strategic guidelines is of general scope and are designed to amend non-essential elements of this Decision, inter alia by deleting some of those elements or by supplementing this Decision by the addition of new non-essential elements, it should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. On grounds of efficiency, the normal time-limits for the regulatory procedure with scrutiny should be curtailed for the adoption of the strategic guidelines.

| (36) | In order to ensure the timely implementation of the Fund, certain provisions of this Decision should apply as from 1 January 2007. |
| --- | --- |

(36)

In order to ensure the timely implementation of the Fund, certain provisions of this Decision should apply as from 1 January 2007.

| (37) | As regards Iceland and Norway, this Decision constitutes a development of the Schengen acquis which falls within the areas referred to in Article 1, Points A and B of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (13). |
| --- | --- |

(37)

As regards Iceland and Norway, this Decision constitutes a development of the Schengen acquis which falls within the areas referred to in Article 1, Points A and B of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (13).

| (38) | An arrangement should be made to allow representatives of Iceland and Norway to be associated with the work of committees assisting the Commission in the exercise of its implementing powers. Such an arrangement has been contemplated in the Agreement in the form of Exchanges of Letters between the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning committees which assist the European Commission in the exercise of its executive powers (14), annexed to the Agreement referred to in Recital 37. |
| --- | --- |

(38)

An arrangement should be made to allow representatives of Iceland and Norway to be associated with the work of committees assisting the Commission in the exercise of its implementing powers. Such an arrangement has been contemplated in the Agreement in the form of Exchanges of Letters between the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning committees which assist the European Commission in the exercise of its executive powers (14), annexed to the Agreement referred to in Recital 37.

| (39) | As regards Switzerland, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement signed by the European Union, the European Community and the Swiss Confederation on the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis which falls within the area referred to in Article 1(a) of Decision 1999/437/EC read in conjunction with Article 4(1) of Council Decision 2004/860/EC (15) on the signing, on behalf of the European Community, and on the provisional application of certain provisions of the Agreement. |
| --- | --- |

(39)

As regards Switzerland, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement signed by the European Union, the European Community and the Swiss Confederation on the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis which falls within the area referred to in Article 1(a) of Decision 1999/437/EC read in conjunction with Article 4(1) of Council Decision 2004/860/EC (15) on the signing, on behalf of the European Community, and on the provisional application of certain provisions of the Agreement.

| (40) | An arrangement should be made to allow representatives of Switzerland to be associated with the work of committees assisting the Commission in the exercise of its implementing powers. Such an arrangement has been contemplated in the Exchange of Letters between the Council of the European Union and Switzerland, annexed to the Agreement referred to in Recital 39. |
| --- | --- |

(40)

An arrangement should be made to allow representatives of Switzerland to be associated with the work of committees assisting the Commission in the exercise of its implementing powers. Such an arrangement has been contemplated in the Exchange of Letters between the Council of the European Union and Switzerland, annexed to the Agreement referred to in Recital 39.

| (41) | In order to determine the supplementary rules necessary for the implementation of this instrument, an agreement should be concluded between the Community and Iceland, Norway and Switzerland. |
| --- | --- |

(41)

In order to determine the supplementary rules necessary for the implementation of this instrument, an agreement should be concluded between the Community and Iceland, Norway and Switzerland.

| (42) | In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision and is not bound by it or subject to its application. Given that this Decision builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark shall, in accordance with Article 5 of the said Protocol, decide within a period of six months after the date of adoption of this Decision whether it will implement it in its national law. |
| --- | --- |

(42)

In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision and is not bound by it or subject to its application. Given that this Decision builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark shall, in accordance with Article 5 of the said Protocol, decide within a period of six months after the date of adoption of this Decision whether it will implement it in its national law.

| (43) | This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (16) and subsequent Council Decision 2004/926/EC of 22 December 2004 on the putting into effect of parts of the Schengen acquis by the United Kingdom of Great Britain and Northern Ireland (17). The United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application. |
| --- | --- |

(43)

This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (16) and subsequent Council Decision 2004/926/EC of 22 December 2004 on the putting into effect of parts of the Schengen acquis by the United Kingdom of Great Britain and Northern Ireland (17). The United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.

| (44) | This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (18). Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application. |
| --- | --- |

(44)

This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (18). Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.

| (45) | In accordance with the second indent of paragraph 2 of Article 67 of the Treaty, Council Decision 2004/927/EC of 22 December 2004 providing for certain areas covered by Title IV of Part Three of the Treaty establishing the European Community to be governed by the procedure laid down in Article 251 of that Treaty (19) rendered the procedure referred to in Article 251 of the Treaty applicable in the areas covered by Articles 62(1), (2)(a) and (3) and 63(2)(b) and (3)(b) of the Treaty, |
| --- | --- |

(45)

In accordance with the second indent of paragraph 2 of Article 67 of the Treaty, Council Decision 2004/927/EC of 22 December 2004 providing for certain areas covered by Title IV of Part Three of the Treaty establishing the European Community to be governed by the procedure laid down in Article 251 of that Treaty (19) rendered the procedure referred to in Article 251 of the Treaty applicable in the areas covered by Articles 62(1), (2)(a) and (3) and 63(2)(b) and (3)(b) of the Treaty,

HAVE ADOPTED THIS DECISION:

CHAPTER I

SUBJECT MATTER, OBJECTIVES AND ACTIONS

Article 1

Subject matter and scope

This Decision establishes for the period from 1 January 2007 to 31 December 2013 the External Borders Fund (hereinafter referred to as ‘the Fund’), as part of a coherent framework which also includes Decision No .../2007/EC (**), Decision No .../2007/EC (***), and Decision No .../2007/EC (****), in order to contribute to the strengthening of the area of freedom, security and justice and the application of the principle of solidarity between the Member States.

This Decision defines the objectives to which the Fund contributes, its implementation, the available financial resources and the distribution criteria for the allocation of the available financial resources.

It establishes the Fund's management rules, including financial rules, as well as monitoring and control mechanisms, based on the sharing of responsibilities between the Commission and the Member States.

Article 2

Definitions

For the purposes of this Decision:

| (1) | ‘external borders’ means the Member States' land borders, including river and lake borders, sea borders and their airports, river ports, sea ports and lake ports to which the provisions of Community law on the crossing of external borders apply, whether these borders are temporary or not; |
| --- | --- |

(1)

‘external borders’ means the Member States' land borders, including river and lake borders, sea borders and their airports, river ports, sea ports and lake ports to which the provisions of Community law on the crossing of external borders apply, whether these borders are temporary or not;

| (2) | ‘temporary external borders’ means:






  (a) | the common border between a Member State fully implementing the Schengen acquis and a Member State bound to apply the Schengen acquis in full, in conformity with its Act of Accession, but for which the relevant Council Decision authorising it to fully apply that acquis has not entered into force; |
| --- | --- | --- |

(2)

‘temporary external borders’ means:

(a)

the common border between a Member State fully implementing the Schengen acquis and a Member State bound to apply the Schengen acquis in full, in conformity with its Act of Accession, but for which the relevant Council Decision authorising it to fully apply that acquis has not entered into force;

| (b) | the common border between two Member States bound to apply the Schengen acquis in full, in conformity with their respective Acts of Accession, but for which the relevant Council Decision authorising them to fully apply that acquis has not yet entered into force; |
| --- | --- |

(b)

the common border between two Member States bound to apply the Schengen acquis in full, in conformity with their respective Acts of Accession, but for which the relevant Council Decision authorising them to fully apply that acquis has not yet entered into force;

| (3) | ‘border crossing point’ means any crossing point authorised by the competent authorities for the crossing of external borders as notified in accordance with Article 34(2) of Regulation (EC) No 562/2006; |
| --- | --- |

(3)

‘border crossing point’ means any crossing point authorised by the competent authorities for the crossing of external borders as notified in accordance with Article 34(2) of Regulation (EC) No 562/2006;

| (4) | ‘Agency’ means the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union as established by Regulation (EC) No 2007/2004. |
| --- | --- |

(4)

‘Agency’ means the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union as established by Regulation (EC) No 2007/2004.

Article 3

General Objectives of the Fund

1.   The Fund shall contribute to achieving the following objectives:

| (a) | efficient organisation of control, covering both checks and surveillance tasks relating to the external borders; |
| --- | --- |

(a)

efficient organisation of control, covering both checks and surveillance tasks relating to the external borders;

| (b) | efficient management by the Member States of the flows of persons at the external borders in order to ensure, on the one hand, a high level of protection at the external borders and, on the other, the smooth crossing of the external borders in conformity with the Schengen acquis and the principles of respectful treatment and dignity; |
| --- | --- |

(b)

efficient management by the Member States of the flows of persons at the external borders in order to ensure, on the one hand, a high level of protection at the external borders and, on the other, the smooth crossing of the external borders in conformity with the Schengen acquis and the principles of respectful treatment and dignity;

| (c) | uniform application by border guards of the provisions of Community law on the crossing of external borders, in particular Regulation (EC) No 562/2006; |
| --- | --- |

(c)

uniform application by border guards of the provisions of Community law on the crossing of external borders, in particular Regulation (EC) No 562/2006;

| (d) | improvement of the management of activities organised by the consular and other services of the Member States in third countries as regards the flows of third-country nationals into the territory of the Member States and the cooperation between Member States in this regard. |
| --- | --- |

(d)

improvement of the management of activities organised by the consular and other services of the Member States in third countries as regards the flows of third-country nationals into the territory of the Member States and the cooperation between Member States in this regard.

2.   The Fund shall contribute to the financing of technical assistance at the initiative of the Member States or the Commission.

Article 4

Specific objectives

1.   As regards the objective laid down in Article 3(1)(a), the Fund shall support the following specific objectives:

| (a) | implementation of the recommendations, operational standards and best practices resulting from the operational cooperation between Member States in the field of border control; |
| --- | --- |

(a)

implementation of the recommendations, operational standards and best practices resulting from the operational cooperation between Member States in the field of border control;

| (b) | development and application of the measures necessary to improve surveillance systems between border crossing points; |
| --- | --- |

(b)

development and application of the measures necessary to improve surveillance systems between border crossing points;

| (c) | introduction of measures or development of effective systems enabling a methodical gathering of relevant information with respect to the evolving situation on the ground close to at and immediately beyond the external borders; |
| --- | --- |

(c)

introduction of measures or development of effective systems enabling a methodical gathering of relevant information with respect to the evolving situation on the ground close to at and immediately beyond the external borders;

| (d) | ensuring adequate registration of the number of persons crossing at all types of external borders (land, air, sea); |
| --- | --- |

(d)

ensuring adequate registration of the number of persons crossing at all types of external borders (land, air, sea);

| (e) | introduction or upgrading a system of collection of statistical and administrative data with respect to the categories of travellers, the number and nature of checks and surveillance measures at the different types of external borders, based on registration and other sources for data collection; |
| --- | --- |

(e)

introduction or upgrading a system of collection of statistical and administrative data with respect to the categories of travellers, the number and nature of checks and surveillance measures at the different types of external borders, based on registration and other sources for data collection;

| (f) | setting up an effective, structural, strategic and operational coordination between all authorities operating at border crossing points; |
| --- | --- |

(f)

setting up an effective, structural, strategic and operational coordination between all authorities operating at border crossing points;

| (g) | improvement of the capacity and the qualifications of border guards in executing their surveillance, advisory and control tasks; |
| --- | --- |

(g)

improvement of the capacity and the qualifications of border guards in executing their surveillance, advisory and control tasks;

| (h) | improvement of the information exchange at national level between the authorities responsible for external border management and between those authorities and other authorities responsible for migration, asylum and other related matters; |
| --- | --- |

(h)

improvement of the information exchange at national level between the authorities responsible for external border management and between those authorities and other authorities responsible for migration, asylum and other related matters;

| (i) | promotion of quality management standards. |
| --- | --- |

(i)

promotion of quality management standards.

2.   As regards the objective laid down in Article 3(1)(b), the Fund shall support the following specific objectives:

| (a) | except with regard to temporary external borders, the development of new working methods, logistical measures and state-of-the-art technology to strengthen systematic controls of persons on entry and exit at border crossing points; |
| --- | --- |

(a)

except with regard to temporary external borders, the development of new working methods, logistical measures and state-of-the-art technology to strengthen systematic controls of persons on entry and exit at border crossing points;

| (b) | promotion of the use of technology and specialised training for the staff responsible for its effective exploitation; |
| --- | --- |

(b)

promotion of the use of technology and specialised training for the staff responsible for its effective exploitation;

| (c) | promotion of the exchange of information concerning, and improvement of training in respect of forged or false travel documents, including the development and distribution of common tools and practices for the detection of such documents; |
| --- | --- |

(c)

promotion of the exchange of information concerning, and improvement of training in respect of forged or false travel documents, including the development and distribution of common tools and practices for the detection of such documents;

| (d) | promotion of efficient, real-time consultation of data at border crossing points through the use of large scale IT systems, such as the Schengen Information System (SIS) and the Visa Information System (VIS), and an effective exchange of information between all border crossing points along the external borders in real time; |
| --- | --- |

(d)

promotion of efficient, real-time consultation of data at border crossing points through the use of large scale IT systems, such as the Schengen Information System (SIS) and the Visa Information System (VIS), and an effective exchange of information between all border crossing points along the external borders in real time;

| (e) | ensuring the optimal implementation at operational and technical level of the results of the risk analyses. |
| --- | --- |

(e)

ensuring the optimal implementation at operational and technical level of the results of the risk analyses.

3.   As regards the objective laid down in Article 3(1)(c) the Fund shall support the following specific objectives:

| (a) | gradual establishment in each Member State of uniform education, training and qualifications of border guards, particularly by implementing the common core curriculum for training as developed by the Agency and by supplementing in a coherent way the activities of the Agency in this field; |
| --- | --- |

(a)

gradual establishment in each Member State of uniform education, training and qualifications of border guards, particularly by implementing the common core curriculum for training as developed by the Agency and by supplementing in a coherent way the activities of the Agency in this field;

| (b) | support to and increase of the exchange and secondment of border guards between Member States, complementary to the guidelines and activities of the Agency in this area; |
| --- | --- |

(b)

support to and increase of the exchange and secondment of border guards between Member States, complementary to the guidelines and activities of the Agency in this area;

| (c) | promotion of the use of compatible state-of-the-art technology along the external borders, whenever this is indispensable for the correct, effective or uniform use of the rules; |
| --- | --- |

(c)

promotion of the use of compatible state-of-the-art technology along the external borders, whenever this is indispensable for the correct, effective or uniform use of the rules;

| (d) | promotion of the capacity of authorities to apply the same procedures and to take consistent, rapid and high quality decisions on the crossing of external borders, including on the issuance of visas; |
| --- | --- |

(d)

promotion of the capacity of authorities to apply the same procedures and to take consistent, rapid and high quality decisions on the crossing of external borders, including on the issuance of visas;

| (e) | promotion of the use of the common Practical Handbook for Border Guards; |
| --- | --- |

(e)

promotion of the use of the common Practical Handbook for Border Guards;

| (f) | building and upgrading of areas and centres for persons whose entry is refused and for persons who are intercepted after having crossed the border illegally or when approaching the external borders with a view to illegally entering the territory of the Member States; |
| --- | --- |

(f)

building and upgrading of areas and centres for persons whose entry is refused and for persons who are intercepted after having crossed the border illegally or when approaching the external borders with a view to illegally entering the territory of the Member States;

| (g) | upgrading of the security at the premises of border crossing points to secure the safety of border guards and the protection of equipment, surveillance systems and means of transport. |
| --- | --- |

(g)

upgrading of the security at the premises of border crossing points to secure the safety of border guards and the protection of equipment, surveillance systems and means of transport.

4.   As regards the objective laid down in Article 3(1)(d), the Fund shall support the following specific objectives:

| (a) | reinforcement of the operational capacity of the network of the immigration liaison officers and promotion of a more effective cooperation through the network between the Member States' services; |
| --- | --- |

(a)

reinforcement of the operational capacity of the network of the immigration liaison officers and promotion of a more effective cooperation through the network between the Member States' services;

| (b) | introduction of measures aimed at assisting Member States and carriers in carrying out the obligations imposed on them by virtue of Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data (20) and of Article 26 of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (‘the Schengen Convention’) (21) in order to prevent illegal arrivals at the external borders; |
| --- | --- |

(b)

introduction of measures aimed at assisting Member States and carriers in carrying out the obligations imposed on them by virtue of Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data (20) and of Article 26 of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (‘the Schengen Convention’) (21) in order to prevent illegal arrivals at the external borders;

| (c) | promotion of a more effective cooperation with carriers in the airports of the countries of departure, including uniform training of the carriers' staff on the travel documents; |
| --- | --- |

(c)

promotion of a more effective cooperation with carriers in the airports of the countries of departure, including uniform training of the carriers' staff on the travel documents;

| (d) | promotion of quality management, and good services and facilities in terms of infrastructure in the visa application process; |
| --- | --- |

(d)

promotion of quality management, and good services and facilities in terms of infrastructure in the visa application process;

| (e) | promotion of cooperation between Member States in enhancing the capacity of consular services to examine visa applications; |
| --- | --- |

(e)

promotion of cooperation between Member States in enhancing the capacity of consular services to examine visa applications;

| (f) | promotion of common investigative practices, uniform administrative procedures and decisions on visas by the consular services of a Member State located in different third countries; |
| --- | --- |

(f)

promotion of common investigative practices, uniform administrative procedures and decisions on visas by the consular services of a Member State located in different third countries;

| (g) | promotion of progress towards a systematic and regular cooperation between the consular and other services of different Member States, in particular in connection with the VIS, including pooling of resources and means for visa issuance, exchange of information, surveys and investigations concerning visa applications and the development of common visa application centres; |
| --- | --- |

(g)

promotion of progress towards a systematic and regular cooperation between the consular and other services of different Member States, in particular in connection with the VIS, including pooling of resources and means for visa issuance, exchange of information, surveys and investigations concerning visa applications and the development of common visa application centres;

| (h) | promotion of national initiatives aiming at common investigative practices, uniform administrative procedures and decisions on visas by the consular services of different Member States; |
| --- | --- |

(h)

promotion of national initiatives aiming at common investigative practices, uniform administrative procedures and decisions on visas by the consular services of different Member States;

| (i) | development of common consular offices. |
| --- | --- |

(i)

development of common consular offices.

Article 5

Eligible actions in the Member States

1.   The Fund shall support actions in the Member States relating to the specific objectives defined in Article 4 and in particular to the following:

| (a) | border crossing infrastructures and related buildings, such as border stations, helicopter landing places or lanes or booths for the queuing of vehicles or persons at border crossing points; |
| --- | --- |

(a)

border crossing infrastructures and related buildings, such as border stations, helicopter landing places or lanes or booths for the queuing of vehicles or persons at border crossing points;

| (b) | infrastructures, buildings and systems required for surveillance between border crossing points and protection against illegal crossing of the external borders; |
| --- | --- |

(b)

infrastructures, buildings and systems required for surveillance between border crossing points and protection against illegal crossing of the external borders;

| (c) | operating equipment, such as sensors, video-surveillance, document examination instruments, detection tools and mobile or fixed terminals for consulting the SIS, the VIS, the European Image Archiving System (FADO) and other European and national systems; |
| --- | --- |

(c)

operating equipment, such as sensors, video-surveillance, document examination instruments, detection tools and mobile or fixed terminals for consulting the SIS, the VIS, the European Image Archiving System (FADO) and other European and national systems;

| (d) | means of transport for the control of external borders, such as vehicles, vessels, helicopters, and light aircrafts, specially equipped with electronic equipment for the surveillance of the border and the detection of persons in means of transport; |
| --- | --- |

(d)

means of transport for the control of external borders, such as vehicles, vessels, helicopters, and light aircrafts, specially equipped with electronic equipment for the surveillance of the border and the detection of persons in means of transport;

| (e) | equipment for real time exchange of information between relevant authorities; |
| --- | --- |

(e)

equipment for real time exchange of information between relevant authorities;

| (f) | ICT systems; |
| --- | --- |

(f)

ICT systems;

| (g) | programmes for the secondment and exchange of staff such as border guards, immigration officers and consular officers; |
| --- | --- |

(g)

programmes for the secondment and exchange of staff such as border guards, immigration officers and consular officers;

| (h) | training and education of staff of relevant authorities, including language training; |
| --- | --- |

(h)

training and education of staff of relevant authorities, including language training;

| (i) | investments in the development, testing and instalment of state-of-the-art technology; |
| --- | --- |

(i)

investments in the development, testing and instalment of state-of-the-art technology;

| (j) | studies and pilot projects implementing recommendations, operational standards and best practices, resulting from the operational cooperation between Member States in the field of border control; |
| --- | --- |

(j)

studies and pilot projects implementing recommendations, operational standards and best practices, resulting from the operational cooperation between Member States in the field of border control;

| (k) | studies and pilot projects designed to stimulate innovation, facilitate exchanges of experience and good practice and improve the quality of the management of activities organised by the consular and other services of the Member States in third countries as regards the flows of third-country nationals into the territory of the Member States and the cooperation between Member States in this regard. |
| --- | --- |

(k)

studies and pilot projects designed to stimulate innovation, facilitate exchanges of experience and good practice and improve the quality of the management of activities organised by the consular and other services of the Member States in third countries as regards the flows of third-country nationals into the territory of the Member States and the cooperation between Member States in this regard.

2.   The Fund shall not support actions with respect to temporary external borders when such actions amount to a structural investment incompatible with the objective of the lifting of controls on persons at these borders, in particular actions referred to in points (a) and (b) of paragraph 1.

Article 6

Special Transit Scheme

1.   The Fund shall provide support to compensate for foregone fees from transit visas and additional costs incurred in implementing the Facilitated Transit Document (FTD) and the Facilitated Rail Transit Document (FRTD) scheme in accordance with Council Regulation (EC) No 693/2003 (22) and Council Regulation (EC) No 694/2003 (23).

2.   For the purpose of paragraph 1, additional costs means costs which result directly from the specific requirements of implementing the operation of the special transit scheme and which are not generated as a result of the issuing of transit or other visas.

The following types of additional cost shall be eligible for financing:

| (a) | investment in infrastructures; |
| --- | --- |

(a)

investment in infrastructures;

| (b) | training of staff implementing the special transit scheme; |
| --- | --- |

(b)

training of staff implementing the special transit scheme;

| (c) | additional operational costs, including salaries of staff specifically implementing the special transit scheme. |
| --- | --- |

(c)

additional operational costs, including salaries of staff specifically implementing the special transit scheme.

3.   The foregone fees referred to in paragraph 1 shall be calculated on the basis of the level of fees for transit visas established in Annex 12 to the Common Consular Instructions on visas, within the financial framework set out in Article 14(9).

Article 7

Community actions

1.   At the Commission's initiative, up to 6 % of the Fund's available resources may be used to finance transnational actions or actions of interest to the Community as a whole (hereinafter referred to as ‘Community actions’) concerning the following objectives:

| (a) | contributing to the enhancement of the activities organised by the consular and other services of the Member States in third countries as regards the flow of third-country nationals into the territory of the Member States and the cooperation between Member States in this regard, including the activities of air liaison officers and immigration liaison officers; |
| --- | --- |

(a)

contributing to the enhancement of the activities organised by the consular and other services of the Member States in third countries as regards the flow of third-country nationals into the territory of the Member States and the cooperation between Member States in this regard, including the activities of air liaison officers and immigration liaison officers;

| (b) | promoting the progressive inclusion of customs, veterinary and phyto-sanitary controls in integrated border management activities in line with policy evolution in this field; |
| --- | --- |

(b)

promoting the progressive inclusion of customs, veterinary and phyto-sanitary controls in integrated border management activities in line with policy evolution in this field;

| (c) | providing of support services to Member States in duly substantiated emergency situations requiring urgent action at external borders. |
| --- | --- |

(c)

providing of support services to Member States in duly substantiated emergency situations requiring urgent action at external borders.

2.   To be eligible for funding, Community actions listed under paragraph 1(a) and (b)shall in particular:

| (a) | further Community cooperation in implementing Community law and good practices; |
| --- | --- |

(a)

further Community cooperation in implementing Community law and good practices;

| (b) | support the setting-up of transnational cooperation networks and pilot projects based on transnational partnerships between consular services from two or more Member States designed to stimulate innovation and facilitate the exchange of experience and good practice; |
| --- | --- |

(b)

support the setting-up of transnational cooperation networks and pilot projects based on transnational partnerships between consular services from two or more Member States designed to stimulate innovation and facilitate the exchange of experience and good practice;

| (c) | support studies, dissemination and exchange of information on best practices and all other aspects of the general objective of contributing to enhancement of the activities organised by the consular services of the Member States in third countries and the cooperation between Member States in this field, including on the use of state-of-the-art technology; |
| --- | --- |

(c)

support studies, dissemination and exchange of information on best practices and all other aspects of the general objective of contributing to enhancement of the activities organised by the consular services of the Member States in third countries and the cooperation between Member States in this field, including on the use of state-of-the-art technology;

| (d) | support projects and studies exploring the possibility of new forms of Community cooperation and Community law in this area, in particular common application centres; |
| --- | --- |

(d)

support projects and studies exploring the possibility of new forms of Community cooperation and Community law in this area, in particular common application centres;

| (e) | support the development and application by Member States of common statistical tools, methods and indicators for measuring policy developments in the field of visa policy and consular cooperation. |
| --- | --- |

(e)

support the development and application by Member States of common statistical tools, methods and indicators for measuring policy developments in the field of visa policy and consular cooperation.

3.   The annual work programme laying down the priorities for Community actions shall be adopted in accordance with the procedure referred to in Article 56(2).

CHAPTER II

PRINCIPLES OF ASSISTANCE

Article 8

Complementarity, consistency and compliance

1.   The Fund shall provide assistance which complements national, regional and local actions, integrating into them the priorities of the Community.

2.   The Commission and the Member States shall ensure that assistance from the Fund and the Member States is consistent with the activities, policies and priorities of the Community. This consistency shall be indicated in particular in the multiannual programme referred to in Article 21.

3.   Operations financed by the Fund shall comply with the provisions of the Treaty and of acts adopted thereunder.

Article 9

Programming

1.   The objectives of the Fund shall be pursued within the framework of the multiannual programming period from 2007 to 2013, subject to a mid-term review in accordance with Article 24. The multiannual programming system shall include the priorities and a process for management, decision making, auditing and certification.

2.   The multiannual programmes approved by the Commission shall be implemented by means of annual programmes.

Article 10

Subsidiary and proportional intervention

1.   Implementation of multiannual and annual programmes referred to in Articles 21 and 23 shall be the responsibility of Member States at the appropriate territorial level, in accordance with the institutional system specific to each Member State. This responsibility shall be exercised in accordance with this Decision.

2.   In relation to audit provisions, the means employed by the Commission and the Member States shall vary according to the size of the Community contribution. The same principle shall apply to provisions on evaluation and to the reports on multiannual and annual programmes.

Article 11

Implementation methods

1.   The Community budget allocated to the Fund shall be implemented in accordance with Article 53(1)(b) of the Financial Regulation, with the exception of the Community actions referred to in Article 7 and the technical assistance referred to in Article 17 of this Decision.

2.   The Commission shall exercise its responsibility for implementing the general budget of the European Union by:

| (a) | checking the existence and proper functioning of management and control systems in the Member States in accordance with the procedures described in Article 34; |
| --- | --- |

(a)

checking the existence and proper functioning of management and control systems in the Member States in accordance with the procedures described in Article 34;

| (b) | withholding or suspending payments, in full or in part, in accordance with the procedures described in Articles 43 and 44, if the national management and control systems fail, and applying any other financial correction required, in accordance with the procedures described in Articles 47 and 48. |
| --- | --- |

(b)

withholding or suspending payments, in full or in part, in accordance with the procedures described in Articles 43 and 44, if the national management and control systems fail, and applying any other financial correction required, in accordance with the procedures described in Articles 47 and 48.

3.   Countries associated with the implementation, application and development of the Schengen acquis shall participate in the Fund in accordance with this Decision.

4.   Arrangements shall be concluded to specify the supplementary rules necessary for such participation, including provisions ensuring the protection of the Community's financial interests and the power of audit of the Court of Auditors.

Article 12

Partnership

1.   Each Member shall organise, in accordance with current national rules and practices, a partnership with the authorities and bodies which are involved in the implementation of the multiannual programme or which, according to the Member State concerned, are able to make a useful contribution to its development.

Such authorities and bodies may include the competent regional, local, urban and other public authorities, international organisations, in particular the United Nations High Commissioner for Refugees (UNHCR), and bodies representing civil society, such as non-governmental organisations or social partners.

2.   Such partnership shall be conducted in full compliance with the respective institutional, legal and financial jurisdiction of each partner category.

CHAPTER III

FINANCIAL FRAMEWORK

Article 13

Global resources

1.   The financial envelope for the implementation of this Decision from 1 January 2007 to 31 December 2013 shall be 1 820euro million.

2.   The annual appropriations shall be authorised by the budgetary authority within the limits of the Financial Framework.

3.   The Commission shall make indicative annual breakdowns by Member States in accordance with the criteria established in Article 14.

Article 14

Annual distribution of resources for eligible actions in the Member States

1.   The available annual resources shall be broken down between the Member States as follows:

| (a) | 30 % for external land borders; |
| --- | --- |

(a)

30 % for external land borders;

| (b) | 35 % for external maritime borders; |
| --- | --- |

(b)

35 % for external maritime borders;

| (c) | 20 % for airports; |
| --- | --- |

(c)

20 % for airports;

| (d) | 15 % for consular offices. |
| --- | --- |

(d)

15 % for consular offices.

2.   The resources available under paragraph 1(a) shall be broken down between Member States as follows:

| (a) | 70 % for the length of their external borders, which will be calculated, on the basis of weighting factors for each specific section, determined in accordance with Article 15(3)(a); and |
| --- | --- |

(a)

70 % for the length of their external borders, which will be calculated, on the basis of weighting factors for each specific section, determined in accordance with Article 15(3)(a); and

| (b) | 30 % for the workload at their external land borders, as determined in accordance with paragraph 7(a). |
| --- | --- |

(b)

30 % for the workload at their external land borders, as determined in accordance with paragraph 7(a).

3.   The resources available under paragraph 1(b) shall be broken down between Member States as follows:

| (a) | 70 % for the length of their external borders, which will be calculated, on the basis of weighting factors for each specific section determined in accordance with Article 15(3)(b); and |
| --- | --- |

(a)

70 % for the length of their external borders, which will be calculated, on the basis of weighting factors for each specific section determined in accordance with Article 15(3)(b); and

| (b) | 30 % for the workload at their external maritime borders, as determined in accordance with paragraph 7(a). |
| --- | --- |

(b)

30 % for the workload at their external maritime borders, as determined in accordance with paragraph 7(a).

4.   The resources available under paragraph 1(c) shall be broken down between Member States according to the workload at their airports, as determined in accordance with paragraph 7(b).

5.   The resources available under paragraph 1(d) shall be broken down between Member States as follows:

| (a) | 50 % for the number of consular offices of the Member States in the countries listed in Annex I of Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (24); and |
| --- | --- |

(a)

50 % for the number of consular offices of the Member States in the countries listed in Annex I of Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (24); and

| (b) | 50 % for the workload as regards the management of visa policy at consular offices of Member States in the countries listed in Annex I to Regulation (EC) No 539/2001, as determined in accordance with paragraph 7(c) of this Article. |
| --- | --- |

(b)

50 % for the workload as regards the management of visa policy at consular offices of Member States in the countries listed in Annex I to Regulation (EC) No 539/2001, as determined in accordance with paragraph 7(c) of this Article.

6.   For the purpose of the annual distribution of resources under paragraph 1 (a) and (b)

| (a) | the line between the areas referred to in Article 1 of Council Regulation (EC) 866/2004 of 29 April 2004 on a regime under Article 2 of Protocol No 10 of the Act of Accession (25), but not the maritime border north of that line, shall be taken into account even though it does not constitute an external land border for as long as the provisions of Article 1 of Protocol 10 of the 2003 Act of Accession remain applicable; |
| --- | --- |

(a)

the line between the areas referred to in Article 1 of Council Regulation (EC) 866/2004 of 29 April 2004 on a regime under Article 2 of Protocol No 10 of the Act of Accession (25), but not the maritime border north of that line, shall be taken into account even though it does not constitute an external land border for as long as the provisions of Article 1 of Protocol 10 of the 2003 Act of Accession remain applicable;

| (b) | ‘external maritime borders’ shall mean the outer limit of the territorial sea of the Member States as defined according to Articles 4 to 16 of the United Nations Convention on the Law of the Sea. However, in cases where long range operations on a regular basis are required in order to prevent illegal migration/entry, this shall be the outer limit of high threat areas. This shall be determined by taking into account the operational data over the past two years as provided by the Member States in question. This definition of ‘external maritime borders’ is used exclusively for the purpose of this Decision and all operations shall respect international law |
| --- | --- |

(b)

‘external maritime borders’ shall mean the outer limit of the territorial sea of the Member States as defined according to Articles 4 to 16 of the United Nations Convention on the Law of the Sea. However, in cases where long range operations on a regular basis are required in order to prevent illegal migration/entry, this shall be the outer limit of high threat areas. This shall be determined by taking into account the operational data over the past two years as provided by the Member States in question. This definition of ‘external maritime borders’ is used exclusively for the purpose of this Decision and all operations shall respect international law

7.   The workload shall be based on average figures over the previous two years for the following factors:

| (a) | at external land borders and external maritime borders:






  (i) | the number of persons crossing the external border at authorised border crossing points; |
| --- | --- | --- |

(a)

at external land borders and external maritime borders:

(i)

the number of persons crossing the external border at authorised border crossing points;

| (ii) | the number of third-country nationals refused entry at the external border; |
| --- | --- |

(ii)

the number of third-country nationals refused entry at the external border;

| (iii) | the number of third-country nationals apprehended after having crossed the external border illegally, including the number of persons apprehended at sea; |
| --- | --- |

(iii)

the number of third-country nationals apprehended after having crossed the external border illegally, including the number of persons apprehended at sea;

| (b) | at airports:






  (i) | the number of persons crossing the external border at authorised border crossing points; |
| --- | --- | --- |

(b)

at airports:

(i)

the number of persons crossing the external border at authorised border crossing points;

| (ii) | the number of third-country nationals refused entry at the external border; |
| --- | --- |

(ii)

the number of third-country nationals refused entry at the external border;

| (c) | at consular offices:
  the number of visa applications. |
| --- | --- |

(c)

at consular offices:

the number of visa applications.

For 2007, the workload shall be based on the 2005 figures only.

8.   The weighting as referred to in paragraphs 2 and 3 shall be determined by the Agency in accordance with Article 15.

9.   With respect to the length of the external land borders as referred to in paragraph 2(a), the calculation of the annual distribution of resources shall not take into account temporary external borders. However, it shall take into account the temporary external borders between a Member State which acceded to the European Union by 1 May 2004 and a Member State which acceded after 1 May 2004.

10.   The reference figures for the work-load referred to in paragraph 7 shall be the latest statistics produced by the Commission (Eurostat) on the basis of data provided by Member States in accordance with Community law.

Where Member States have not supplied the Commission (Eurostat) with the statistics concerned, they shall provide provisional data as soon as possible.

Before accepting these data as reference figures, the Commission (Eurostat) shall evaluate the quality, comparability and completeness of the statistical information in accordance with normal operational procedures. At the request of the Commission (Eurostat), Member States shall provide it with all the necessary information to do so.

11.   Where the reference figures are not available as statistics produced by the Commission (Eurostat) in accordance with Community law, Member States shall provide provisional data to the Commission by 1 November of each year for the estimate of the amount to be allocated to them for the following year in accordance with Article 23(2).

Before the Commission accepts these data as reference figures, the Commission (Eurostat) may evaluate the quality, comparability and completeness of the statistical information in accordance with normal operational procedures. At the request of the Commission (Eurostat), Member States shall provide it with all the necessary information to do so.

12.   The allocation of resources referred to in paragraph 1 shall not include the resources allocated for the purpose of Articles 6 and 19. The resources allocated for the purpose of Article 6 shall not exceed 108 million euro for the period 2007 to 2013.

Article 15

Risk Analysis carried out by the Agency for the purpose of the annual distribution of resources

1.   For the determination of the weighting, as referred to in Article 14(8), the Agency shall provide the Commission, by 1 April of each year, with a specific report describing the difficulty in carrying out border surveillance and the situation at the external borders of the Member States, paying special attention to the particular proximity of the Member States to high risk areas of illegal immigration for the previous year taking also into account the number of persons having entered those Member States illegally and the size of those Member States.

2.   The report shall, in accordance with the Common Integrated Risk Analysis Model referred to in Article 4 of Regulation (EC) No 2007/2004, analyse the threats that affected security at external borders of the Member States in the previous year, taking into account the political, economic and social developments in the third countries concerned, in particular in neighbouring third countries, and shall set out possible future trends on migratory flows and unlawful activities at the external borders.

This risk analysis shall be based primarily on the following information gathered by the Agency, provided by Member States or obtained from the Commission (Eurostat):

| (a) | the number of third-country nationals refused entry at the external border; |
| --- | --- |

(a)

the number of third-country nationals refused entry at the external border;

| (b) | the number of third-country nationals apprehended when crossing or attempting to cross the external border illegally; |
| --- | --- |

(b)

the number of third-country nationals apprehended when crossing or attempting to cross the external border illegally;

| (c) | the number of facilitators intercepted who have intentionally assisted the unauthorised entry of third-country nationals; |
| --- | --- |

(c)

the number of facilitators intercepted who have intentionally assisted the unauthorised entry of third-country nationals;

| (d) | the number of forged or false travel documents and the number of travel documents and visas issued on false grounds which have been detected at border crossing points in accordance with the Schengen Borders Code. |
| --- | --- |

(d)

the number of forged or false travel documents and the number of travel documents and visas issued on false grounds which have been detected at border crossing points in accordance with the Schengen Borders Code.

Where the reference figures have not been provided as statistics produced by the Commission (Eurostat) but by Member States, the Agency may request from those Member States the necessary information to evaluate the quality, comparability and completeness of the statistical information. The Agency may request the help of the Commission (Eurostat) in such an evaluation.

3.   Finally the report shall, in accordance with paragraphs 1 and 2, identify the current levels of threat at the external borders of each of the Member States and determine the following specific weighting-factors for each section of the external border of that particular Member State:

| (a) | external land border:






  (i) | factor 1 for normal threat |
| --- | --- | --- |

(a)

external land border:

(i)

factor 1 for normal threat

| (ii) | factor 1,5 for medium threat |
| --- | --- |

(ii)

factor 1,5 for medium threat

| (iii) | factor 3 for high threat; |
| --- | --- |

(iii)

factor 3 for high threat;

| (b) | external maritime border:






  (i) | factor 0 for minimum threat |
| --- | --- | --- |

(b)

external maritime border:

(i)

factor 0 for minimum threat

| (ii) | factor 1 for normal threat |
| --- | --- |

(ii)

factor 1 for normal threat

| (iii) | factor 3 for medium threat |
| --- | --- |

(iii)

factor 3 for medium threat

| (iv) | factor 8 for high threat. |
| --- | --- |

(iv)

factor 8 for high threat.

Article 16

Financing structure

1.   Financial contributions under the Fund shall take the form of grants.

2.   Actions supported by the Fund shall be co-financed by public or private sources, shall be of a non-profit nature and shall not be eligible for funding from other sources covered by the general budget of the European Union.

3.   Fund appropriations shall be complementary to public or equivalent expenditure allocated by Member States to the measures covered by this Decision.

4.   The Community contribution to supported projects, as regards actions implemented in the Member States under Article 4 shall not exceed 50 % of the total cost of a specific action.

This may be increased to 75 % for projects addressing specific priorities identified in the strategic guidelines referred to in Article 20.

The Community contribution shall be increased to 75 % in the Member States covered by the Cohesion Fund.

5.   Within the framework of the implementation of national programming as set out in Chapter IV, Member States shall select projects for financing on the basis of the following minimum criteria:

| (a) | the situation and requirements in the Member State concerned; |
| --- | --- |

(a)

the situation and requirements in the Member State concerned;

| (b) | the cost-effectiveness of the expenditure, inter alia in view of the number of persons concerned by the project; |
| --- | --- |

(b)

the cost-effectiveness of the expenditure, inter alia in view of the number of persons concerned by the project;

| (c) | the experience, expertise, reliability and financial contribution of the organisation applying for funding and any partner organisation; |
| --- | --- |

(c)

the experience, expertise, reliability and financial contribution of the organisation applying for funding and any partner organisation;

| (d) | the extent to which the project complements other actions funded by the general budget of the European Union or as part of national programmes. |
| --- | --- |

(d)

the extent to which the project complements other actions funded by the general budget of the European Union or as part of national programmes.

6.   As a general rule, Community financial aid for actions supported by the Fund shall be granted for a period of no more than three years, subject to periodic progress reports.

Article 17

Technical assistance at the initiative of the Commission

1.   At the initiative of and/or on behalf of the Commission, subject to a ceiling of 500 000euro of the Fund's annual allocation, the Fund may finance preparatory measures, monitoring, administrative and technical support measures, as well as evaluation, audit and inspection measures necessary for implementing this Decision.

2.   Those measures shall include:

| (a) | studies, evaluations, expert reports and statistics, including those of a general nature concerning the operation of the Fund; |
| --- | --- |

(a)

studies, evaluations, expert reports and statistics, including those of a general nature concerning the operation of the Fund;

| (b) | information measures for the Member States, the final beneficiaries and the general public, including awareness-raising campaigns and a common database of projects financed under the Fund; |
| --- | --- |

(b)

information measures for the Member States, the final beneficiaries and the general public, including awareness-raising campaigns and a common database of projects financed under the Fund;

| (c) | the installation, operation and interconnection of computerised systems for management, monitoring, inspection and evaluation; |
| --- | --- |

(c)

the installation, operation and interconnection of computerised systems for management, monitoring, inspection and evaluation;

| (d) | the design of a common framework for evaluation and monitoring as well as a systems of indicators, taking into account, where appropriate, national indicators; |
| --- | --- |

(d)

the design of a common framework for evaluation and monitoring as well as a systems of indicators, taking into account, where appropriate, national indicators;

| (e) | improvements in evaluation methods and the exchange of information on practices in this field; |
| --- | --- |

(e)

improvements in evaluation methods and the exchange of information on practices in this field;

| (f) | information and training measures for the authorities designated by Member States in accordance with Article 27, complementary to the efforts of the Member States to provide guidance to their authorities in accordance with Article 33(2). |
| --- | --- |

(f)

information and training measures for the authorities designated by Member States in accordance with Article 27, complementary to the efforts of the Member States to provide guidance to their authorities in accordance with Article 33(2).

Article 18

Technical assistance at the initiative of Member States

1.   At the initiative of a Member State for each annual programme, the Fund may finance preparatory measures, management, monitoring, evaluation, information and control measures, as well as measures for the reinforcement of the administrative capacity for the implementation of the Fund.

2.   The amount set aside for technical assistance under each annual programme may not exceed:

| (a) | for the period 2007 to 2010, 7 % of the total annual amount of co-financing allocated to that Member State plus 30 000euro and |
| --- | --- |

(a)

for the period 2007 to 2010, 7 % of the total annual amount of co-financing allocated to that Member State plus 30 000euro and

| b) | for the period 2011 to 2013, 4 % of the total annual amount of co-financing allocated to that Member State plus 30 000euro. |
| --- | --- |

b)

for the period 2011 to 2013, 4 % of the total annual amount of co-financing allocated to that Member State plus 30 000euro.

Article 19

Specific actions

1.   The Commission shall establish each year a list of specific actions to be implemented by the Member States, where appropriate, in cooperation with the Agency, which contribute to the development of the European common-integrated-border management system by addressing weaknesses at strategic border points identified in the risk analysis referred to in Article 15.

2.   The annual work programme referred to in Article 7(3), shall set out a framework for the financing of these actions, including objectives and evaluation criteria.

3.   The list of selected actions shall be adopted according to the procedure referred to in Article 56(2).

4.   Financial assistance from the Fund for specific actions shall be limited to a period of six months and shall not exceed 80 % of the cost of each action.

5.   The available annual resources for these actions shall not exceed 10 million euro. The resources remaining available after the selection referred to in paragraph 3 may be used to finance actions as defined in Article 7.

CHAPTER IV

PROGRAMMING

Article 20

Adoption of strategic guidelines

1.   The Commission shall adopt strategic guidelines setting out a framework for the intervention of the Fund, taking into account progress in the development and implementation of Community legislation in the area of external borders and visa policy as well as the indicative distribution of the financial resources of the Fund for the period of the multiannual programme.

2.   For the general objectives referred to in Article 3(1)(a), (b) and (c), those guidelines shall, in particular, give effect to the priorities of the Community with a view to the further gradual establishment of the European common-integrated-border management system for external borders and the strengthening of controls at and surveillance of the external borders of the Union.

3.   For the general objective referred to in Article 3(1)(d), those guidelines shall, in particular, give effect to the priorities of the Community with a view to the further development of the common visa policy as part of a multi-layered system aimed at facilitating legitimate travel and tackling illegal immigration through the enhancement of handling practices at local consular missions.

4.   The Commission shall adopt the strategic guidelines relating to the multiannual programming period by 31 July 2007 at the latest.

5.   The strategic guidelines shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 56(3). The strategic guidelines, once adopted, shall be annexed this Decision.

Article 21

Preparation and approval of national multiannual programmes

1.   Each Member State shall propose, on the basis of the strategic guidelines referred to in Article 20, a draft multiannual programme which shall consist of the following elements:

| (a) | a description of the current situation in that Member State as regards the infrastructure, equipment, means of transport, ICT systems and arrangements for the training and education of staff at the service of the border authorities and of the consular authorities; |
| --- | --- |

(a)

a description of the current situation in that Member State as regards the infrastructure, equipment, means of transport, ICT systems and arrangements for the training and education of staff at the service of the border authorities and of the consular authorities;

| (b) | an analysis of requirements in the Member State in question as regards infrastructure, equipment, means of transport, ICT systems and arrangements for the training and education of staff at the service of the border authorities and and of the consular authorities and an indication of the operational objectives designed to meet those requirements during the period covered by the multiannual programme; |
| --- | --- |

(b)

an analysis of requirements in the Member State in question as regards infrastructure, equipment, means of transport, ICT systems and arrangements for the training and education of staff at the service of the border authorities and and of the consular authorities and an indication of the operational objectives designed to meet those requirements during the period covered by the multiannual programme;

| (c) | the presentation of an appropriate strategy to achieve those objectives and the priorities attached to their attainment, and a description of the actions envisaged to implement those priorities; |
| --- | --- |

(c)

the presentation of an appropriate strategy to achieve those objectives and the priorities attached to their attainment, and a description of the actions envisaged to implement those priorities;

| (d) | an indication of whether that strategy is compatible with other regional, national and Community instruments; |
| --- | --- |

(d)

an indication of whether that strategy is compatible with other regional, national and Community instruments;

| (e) | information on the priorities and their specific targets. Those targets shall be quantified using a limited number of indicators, taking into account the proportionality principle. The indicators must make it possible to measure the progress in relation to the baseline situation and the effectiveness of the targets implementing the priorities; |
| --- | --- |

(e)

information on the priorities and their specific targets. Those targets shall be quantified using a limited number of indicators, taking into account the proportionality principle. The indicators must make it possible to measure the progress in relation to the baseline situation and the effectiveness of the targets implementing the priorities;

| (f) | a description of the approach chosen for the implementation of the partnership principle laid down in Article 12; |
| --- | --- |

(f)

a description of the approach chosen for the implementation of the partnership principle laid down in Article 12;

| (g) | a draft financing plan which sets out, for each priority and each annual programme, the Fund's proposed financial contribution and the overall amount of public or private co-financing; |
| --- | --- |

(g)

a draft financing plan which sets out, for each priority and each annual programme, the Fund's proposed financial contribution and the overall amount of public or private co-financing;

| (h) | the provisions laid down to ensure that the multiannual programme is made public. |
| --- | --- |

(h)

the provisions laid down to ensure that the multiannual programme is made public.

2.   Member States shall submit their draft multiannual programme to the Commission no later than four months after the Commission has provided the strategic guidelines.

3.   In order to approve the draft multiannual programme, the Commission shall examine:

| (a) | the draft multiannual programme's consistency with the objectives of the Fund and the strategic guidelines referred to in Article 20; |
| --- | --- |

(a)

the draft multiannual programme's consistency with the objectives of the Fund and the strategic guidelines referred to in Article 20;

| (b) | the relevance of the actions envisaged in the draft multiannual programme in the light of the strategy which is proposed; |
| --- | --- |

(b)

the relevance of the actions envisaged in the draft multiannual programme in the light of the strategy which is proposed;

| (c) | the compliance of the management and control arrangements set up by the Member State for the implementation of the Fund's interventions with the provisions of this Decision; |
| --- | --- |

(c)

the compliance of the management and control arrangements set up by the Member State for the implementation of the Fund's interventions with the provisions of this Decision;

| (d) | the draft multiannual programme's compliance with Community law and, in particular, with Community law aiming at ensuring the free movement of persons in conjunction with the directly related accompanying measures with respect to external border controls, asylum and immigration. |
| --- | --- |

(d)

the draft multiannual programme's compliance with Community law and, in particular, with Community law aiming at ensuring the free movement of persons in conjunction with the directly related accompanying measures with respect to external border controls, asylum and immigration.

4.   Where the Commission considers that a draft multiannual programme is inconsistent with the strategic guidelines and/or does not comply with the provisions of this Decision setting out management and control systems or with Community law, it shall invite the Member State concerned to provide all necessary additional information and, where appropriate, to revise the draft multiannual programme accordingly.

5.   The Commission shall approve each multiannual programme within three months of its formal submission, in accordance with the procedure referred to in Article 56(2).

Article 22

Revision of multiannual programmes

1.   At the initiative of the Member State in question or the Commission, the multiannual programme shall be re-examined and, if necessary, revised for the rest of the programming period in order to take greater or different account of Community priorities. Multiannual programmes may be re-examined in the light of evaluations and/or following implementation difficulties.

2.   The Commission shall adopt a decision approving the revision of the multiannual programme as soon as possible after the formal submission of a request to that effect by the Member State concerned. The revision of the multiannual programme shall be carried out in accordance with the procedure referred to in Article 56(2).

Article 23

Annual programmes

1.   The multiannual programmes approved by the Commission shall be implemented by means of annual programmes.

2.   The Commission shall provide the Member States, by 1 July of each year, with an estimate of the amounts to be allocated to them for the following year from the total appropriations allocated under the annual budgetary procedure, calculated as provided for by Article 14.

3.   Member States shall submit to the Commission, by 1 November of each year, a draft annual programme for the following year, established in accordance with the multiannual programmeand consisting of the following elements:

| (a) | the general rules for selection of projects to be financed under the annual programme; |
| --- | --- |

(a)

the general rules for selection of projects to be financed under the annual programme;

| (b) | a description of the actions to be supported under the annual programme; |
| --- | --- |

(b)

a description of the actions to be supported under the annual programme;

| (c) | the proposed financial breakdown of the Fund's contribution between the programme's various actions and an indication of the amount requested to cover technical assistance under Article 18 for the purpose of implementing the annual programme. |
| --- | --- |

(c)

the proposed financial breakdown of the Fund's contribution between the programme's various actions and an indication of the amount requested to cover technical assistance under Article 18 for the purpose of implementing the annual programme.

4.   When examining the draft annual programme of a Member State, the Commission shall take account of the final amount of the appropriations allocated to the Fund under the budgetary procedure.

Within one month of the formal submission of the draft annual programme, the Commission shall inform the Member State concerned whether it can be approved. If the draft annual programme is inconsistent with the multiannual programme, the Commission shall invite that Member State to provide all necessary information and, where appropriate, to revise the draft annual programme accordingly.

The Commission shall adopt the financing decision approving the annual programme by 1 March of the year in question. The decision shall indicate the amount allocated to the Member State concerned and the period for which the expenditure is eligible.

5.   To take into account duly substantiated emergency situations which were not foreseen at the time of the approval of the annual programme and which require urgent action, a Member State may revise up to 10 % of the financial breakdown of the contribution from the Fund between the various actions listed in the annual programme or allocate up to 10 % of the breakdown to other actions in accordance with this Decision. The Member State concerned shall inform the Commission of the revised annual programme.

Article 24

Mid-term review of the multiannual programme

1.   The Commission shall review the strategic guidelines and, where necessary, adopt, by 31 March 2010, revised strategic guidelines for the period 2011 to 2013.

2.   If such revised strategic guidelines are adopted, each Member State shall re-examine its multiannual programme and, where appropriate, revise it.

3.   The rules laid down in Article 21 on the preparation and approval of national multiannual programmes shall apply mutatis mutandis to the preparation and approval of these revised multiannual programmes.

4.   The revised strategic guidelines shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 56(3).

CHAPTER V

MANAGEMENT AND CONTROL SYSTEMS

Article 25

Implementation

The Commission shall be responsible for implementing this Decision and shall adopt such implementing rules as may be necessary.

Article 26

General principles of management and control systems

The management and control systems of multiannual programmes set up by Member States shall provide for:

| (a) | the definition of the functions of the bodies concerned in management and control and the allocation of functions within each body; |
| --- | --- |

(a)

the definition of the functions of the bodies concerned in management and control and the allocation of functions within each body;

| (b) | respect for the principle of separation of functions between and within such bodies; |
| --- | --- |

(b)

respect for the principle of separation of functions between and within such bodies;

| (c) | adequate resources for each body to carry out the functions which have been allocated to it throughout the period of implementation of actions cofinanced by the Fund; |
| --- | --- |

(c)

adequate resources for each body to carry out the functions which have been allocated to it throughout the period of implementation of actions cofinanced by the Fund;

| (d) | procedures for ensuring the correctness and regularity of the expenditure declared under the annual programmes; |
| --- | --- |

(d)

procedures for ensuring the correctness and regularity of the expenditure declared under the annual programmes;

| (e) | reliable accounting, monitoring and financial reporting systems in computerised form; |
| --- | --- |

(e)

reliable accounting, monitoring and financial reporting systems in computerised form;

| (f) | a system of reporting and monitoring where the responsible body entrusts the performance of tasks to another body; |
| --- | --- |

(f)

a system of reporting and monitoring where the responsible body entrusts the performance of tasks to another body;

| (g) | manuals of procedures in relation to the functions to be performed; |
| --- | --- |

(g)

manuals of procedures in relation to the functions to be performed;

| (h) | arrangements for auditing the functioning of the system; |
| --- | --- |

(h)

arrangements for auditing the functioning of the system;

| (i) | systems and procedures to ensure an adequate audit trail; |
| --- | --- |

(i)

systems and procedures to ensure an adequate audit trail;

| (j) | procedures for reporting and monitoring irregularities and for the recovery of amounts unduly paid. |
| --- | --- |

(j)

procedures for reporting and monitoring irregularities and for the recovery of amounts unduly paid.

Article 27

Designation of authorities

1.   For the implementation of its multiannual programme and annual programmes the Member State shall designate the following:

| (a) | a responsible authority: a functional body of the Member State, national public authority or body designated by the Member State or a body which is governed by the private law of the Member State and which has a public service mission, which shall be responsible for the management of the multiannual programme and annual programmes supported by the Fund and shall handle all communication with the Commission; |
| --- | --- |

(a)

a responsible authority: a functional body of the Member State, national public authority or body designated by the Member State or a body which is governed by the private law of the Member State and which has a public service mission, which shall be responsible for the management of the multiannual programme and annual programmes supported by the Fund and shall handle all communication with the Commission;

| (b) | a certifying authority: a national public authority or body, or individual acting as such a body or authority, designated by the Member State to certify declarations of expenditure before they are sent to the Commission; |
| --- | --- |

(b)

a certifying authority: a national public authority or body, or individual acting as such a body or authority, designated by the Member State to certify declarations of expenditure before they are sent to the Commission;

| (c) | an audit authority: a national public authority or body, provided that it is functionally independent of the responsible authority and the certifying authority, designated by the Member State and responsible for verifying the effective functioning of the management and control system; |
| --- | --- |

(c)

an audit authority: a national public authority or body, provided that it is functionally independent of the responsible authority and the certifying authority, designated by the Member State and responsible for verifying the effective functioning of the management and control system;

| (d) | where appropriate, a delegated authority. |
| --- | --- |

(d)

where appropriate, a delegated authority.

2.   The Member State shall lay down rules governing its relations with the authorities referred to in paragraph 1 and their relations with the Commission.

3.   Subject to Article 26(b), some or all of the authorities referred to in paragraph 1 of this Article may be located within the same body.

4.   The rules for implementing Articles 28 to 32 shall be adopted by the Commission in accordance with the procedure referred to in Article 56(2).

Article 28

Responsible authority

1.   The responsible authority shall meet the following minimum conditions. It shall:

| (a) | have legal personality, except where it is a functional body of the Member State; |
| --- | --- |

(a)

have legal personality, except where it is a functional body of the Member State;

| (b) | have the infrastructure required for easy communication with a wide range of users and with the responsible bodies in the other Member States and the Commission; |
| --- | --- |

(b)

have the infrastructure required for easy communication with a wide range of users and with the responsible bodies in the other Member States and the Commission;

| (c) | work in an administrative context allowing it to carry out its tasks correctly and avoiding any conflict of interest; |
| --- | --- |

(c)

work in an administrative context allowing it to carry out its tasks correctly and avoiding any conflict of interest;

| (d) | be in a position to apply Community fund management rules; |
| --- | --- |

(d)

be in a position to apply Community fund management rules;

| (e) | have financial and management capacities proportionate to the volume of Community funds which it will be called upon to manage; |
| --- | --- |

(e)

have financial and management capacities proportionate to the volume of Community funds which it will be called upon to manage;

| (f) | have at its disposal personnel with appropriate professional qualifications for administrative work in an international environment. |
| --- | --- |

(f)

have at its disposal personnel with appropriate professional qualifications for administrative work in an international environment.

2.   The Member State shall provide the responsible authority with adequate funding so that it can continue to carry out its tasks properly throughout the period 2007 to 2013.

3.   The Commission may assist the Member States in the training of staff, in particular as regards the correct application of Chapters V to IX.

Article 29

Tasks of the responsible authority

1.   The responsible authority shall be responsible for managing and implementing the multiannual programme in accordance with the principle of sound financial management.

It shall in particular:

| (a) | consult partners in accordance with Article 12; |
| --- | --- |

(a)

consult partners in accordance with Article 12;

| (b) | submit to the Commission proposals for multiannual and annual programmes to which Articles 21 and 23 refer; |
| --- | --- |

(b)

submit to the Commission proposals for multiannual and annual programmes to which Articles 21 and 23 refer;

| (c) | organise and advertise calls for tenders and proposals if appropriate; |
| --- | --- |

(c)

organise and advertise calls for tenders and proposals if appropriate;

| (d) | organise the selection of projects for co-financing under the Fund in accordance with the criteria set out in Article 16(5); |
| --- | --- |

(d)

organise the selection of projects for co-financing under the Fund in accordance with the criteria set out in Article 16(5);

| (e) | receive payments made by the Commission, and make payments to the final beneficiaries; |
| --- | --- |

(e)

receive payments made by the Commission, and make payments to the final beneficiaries;

| (f) | ensure consistency and complementarity between co-financing under the Fund and from other relevant national and Community financial instruments; |
| --- | --- |

(f)

ensure consistency and complementarity between co-financing under the Fund and from other relevant national and Community financial instruments;

| (g) | monitor the delivery of the co-financed products and services and check that the expenditure declared for actions has actually been incurred and complies with Community and national rules; |
| --- | --- |

(g)

monitor the delivery of the co-financed products and services and check that the expenditure declared for actions has actually been incurred and complies with Community and national rules;

| (h) | ensure that there is a system for recording and storing in computerised form accounting records of each action under the annual programmes and that the data on implementation necessary for financial management, monitoring, control and evaluation are collected; |
| --- | --- |

(h)

ensure that there is a system for recording and storing in computerised form accounting records of each action under the annual programmes and that the data on implementation necessary for financial management, monitoring, control and evaluation are collected;

| (i) | ensure that final beneficiaries and other bodies involved in the implementation of actions cofinanced by the Fund maintain either a separate accounting system or an adequate accounting code for all transactions relating to the action without prejudice to national accounting rules; |
| --- | --- |

(i)

ensure that final beneficiaries and other bodies involved in the implementation of actions cofinanced by the Fund maintain either a separate accounting system or an adequate accounting code for all transactions relating to the action without prejudice to national accounting rules;

| (j) | ensure that the evaluations of the Fund referred to in Article 51 are carried out within the time limits laid down in Article 52(2) and meet the quality standards agreed between the Commission and the Member State; |
| --- | --- |

(j)

ensure that the evaluations of the Fund referred to in Article 51 are carried out within the time limits laid down in Article 52(2) and meet the quality standards agreed between the Commission and the Member State;

| (k) | set up procedures to ensure that all documents regarding expenditure and audits required to ensure an adequate audit trail are held in accordance with the requirements referred to in Article 45; |
| --- | --- |

(k)

set up procedures to ensure that all documents regarding expenditure and audits required to ensure an adequate audit trail are held in accordance with the requirements referred to in Article 45;

| (l) | ensure that the audit authority receives, for the purposes of carrying out the audits defined in Article 2(1), all necessary information on the management procedures applied and the projects co-financed by the Fund; |
| --- | --- |

(l)

ensure that the audit authority receives, for the purposes of carrying out the audits defined in Article 2(1), all necessary information on the management procedures applied and the projects co-financed by the Fund;

| (m) | ensure that the certifying authority receives all necessary information on the procedures and verifications carried out in relation to expenditure for the purpose of certification; |
| --- | --- |

(m)

ensure that the certifying authority receives all necessary information on the procedures and verifications carried out in relation to expenditure for the purpose of certification;

| (n) | draw up and submit to the Commission progress and final reports on the implementation of the annual programmes, declarations of expenditure certified by the certifying authority and requests for payment or, where appropriate, statements of reimbursement; |
| --- | --- |

(n)

draw up and submit to the Commission progress and final reports on the implementation of the annual programmes, declarations of expenditure certified by the certifying authority and requests for payment or, where appropriate, statements of reimbursement;

| (o) | carry out information and advisory activities and disseminate results of supported actions; |
| --- | --- |

(o)

carry out information and advisory activities and disseminate results of supported actions;

| (p) | cooperate with the Commission and the responsible authorities in the other Member States; |
| --- | --- |

(p)

cooperate with the Commission and the responsible authorities in the other Member States;

| (q) | verify the implementation by the final beneficiaries of the guidelines referred to in Article 35(6). |
| --- | --- |

(q)

verify the implementation by the final beneficiaries of the guidelines referred to in Article 35(6).

2.   The responsible authority's management activities for projects implemented in the Member States may be financed under the technical assistance arrangements referred to in Article 18.

Article 30

Delegation of tasks by the responsible authority

1.   Where all or some of the responsible authority's tasks are delegated to a delegated authority, the responsible authority shall define the scope of the tasks delegated, and set out detailed procedures for the implementation of the delegated tasks, which shall comply with the conditions laid down in Article 28.

2.   These procedures shall include supplying the responsible authority with regular information on the effective performance of the delegated tasks and a description of the means employed.

Article 31

Certifying Authority

1.   The certifying authority shall:

| (a) | certify that:






  (i) | the declaration of expenditure is accurate, results from reliable accounting systems and is based on verifiable supporting documents; |
| --- | --- | --- |

(a)

certify that:

(i)

the declaration of expenditure is accurate, results from reliable accounting systems and is based on verifiable supporting documents;

| (ii) | the expenditure declared complies with applicable Community and national rules and has been incurred in respect of actions selected in accordance with the criteria applicable to the programme and complying with Community and national rules; |
| --- | --- |

(ii)

the expenditure declared complies with applicable Community and national rules and has been incurred in respect of actions selected in accordance with the criteria applicable to the programme and complying with Community and national rules;

| (b) | ensure for the purposes of certification that it has received adequate information from the responsible authority on the procedures and verifications carried out in relation to expenditure included in declarations of expenditure; |
| --- | --- |

(b)

ensure for the purposes of certification that it has received adequate information from the responsible authority on the procedures and verifications carried out in relation to expenditure included in declarations of expenditure;

| (c) | take account for the purposes of certification of the results of all audits carried out by or under the responsibility of the audit authority; |
| --- | --- |

(c)

take account for the purposes of certification of the results of all audits carried out by or under the responsibility of the audit authority;

| (d) | maintain accounting records in computerised form of expenditure declared to the Commission; |
| --- | --- |

(d)

maintain accounting records in computerised form of expenditure declared to the Commission;

| (e) | verify the recovery of any Community financing found to have been unduly paid as a result of irregularities detected, together with interest where appropriate; |
| --- | --- |

(e)

verify the recovery of any Community financing found to have been unduly paid as a result of irregularities detected, together with interest where appropriate;

| (f) | keep an account of amounts recoverable and amounts recovered under the general budget of the European Union, where possible by deducting them from the next declaration of expenditure. |
| --- | --- |

(f)

keep an account of amounts recoverable and amounts recovered under the general budget of the European Union, where possible by deducting them from the next declaration of expenditure.

2.   The certifying authority's activities relating to projects implemented in the Member States may be financed under the technical assistance arrangements referred to in Article 18, provided that the prerogatives of this authority as described in Article 27 are respected.

Article 32

Audit Authority

1.   The audit authority shall:

| (a) | ensure that audits are carried out to verify the effective functioning of the management and control system; |
| --- | --- |

(a)

ensure that audits are carried out to verify the effective functioning of the management and control system;

| (b) | ensure that audits are carried out on actions on the basis of an appropriate sample to verify expenditure declared; the sample shall represent at least 10 % of the total eligible expenditure for each annual programme; |
| --- | --- |

(b)

ensure that audits are carried out on actions on the basis of an appropriate sample to verify expenditure declared; the sample shall represent at least 10 % of the total eligible expenditure for each annual programme;

| (c) | present to the Commission within six months of the approval of the multiannual programme an audit strategy covering the bodies which will perform the audits referred to under points (a) and (b), ensuring that the main beneficiaries of cofinancing by the Fund are audited and that audits are spread evenly throughout the programming period. |
| --- | --- |

(c)

present to the Commission within six months of the approval of the multiannual programme an audit strategy covering the bodies which will perform the audits referred to under points (a) and (b), ensuring that the main beneficiaries of cofinancing by the Fund are audited and that audits are spread evenly throughout the programming period.

2.   Where the designated audit authority under this Decision is also the designated audit authority under Decisions No .../2007/EC, No .../2007/EC and No .../2007/EC (*****), or where common systems apply to two or more of these Funds, a single combined audit strategy may be submitted under paragraph 1(c).

3.   For each annual programme, the audit authority shall draft a report which shall comprise:

| (a) | an annual audit report setting out the findings of the audits carried out in accordance with the audit strategy in respect of the annual programme and reporting any shortcomings found in the systems for the management and control of the programme; |
| --- | --- |

(a)

an annual audit report setting out the findings of the audits carried out in accordance with the audit strategy in respect of the annual programme and reporting any shortcomings found in the systems for the management and control of the programme;

| (b) | an opinion, on the basis of the controls and audits that have been carried out under the responsibility of the audit authority, as to whether the functioning of the management and control system provides reasonable assurance that declarations of expenditure presented to the Commission are correct and that the underlying transactions are legal and regular; |
| --- | --- |

(b)

an opinion, on the basis of the controls and audits that have been carried out under the responsibility of the audit authority, as to whether the functioning of the management and control system provides reasonable assurance that declarations of expenditure presented to the Commission are correct and that the underlying transactions are legal and regular;

| (c) | a declaration assessing the validity of the request for payment or statement of reimbursement of the final balance and the legality and regularity of the expenditure concerned. |
| --- | --- |

(c)

a declaration assessing the validity of the request for payment or statement of reimbursement of the final balance and the legality and regularity of the expenditure concerned.

4.   The audit authority shall ensure that the audit work takes account of internationally accepted audit standards.

5.   The audit relating to projects implemented in the Member States may be financed under the technical assistance arrangements referred to in Article 18 provided that the prerogatives of the audit authority as described in Article 27 are respected.

CHAPTER VI

RESPONSIBILITIES AND CONTROLS

Article 33

Responsibilities of the Member States

1.   Member States shall be responsible for ensuring sound financial management of multiannual and annual programmes and the legality and regularity of underlying transactions.

2.   Member States shall ensure that responsible authorities and any delegated authority, certifying authorities, audit authorities and any other bodies concerned receive adequate guidance on setting up the management and control systems referred to in Articles 26 to 32 to ensure that Community financing is used efficiently and correctly.

3.   Member States shall prevent, detect and correct irregularities. They shall notify these to the Commission, and keep the Commission informed of the progress in the administrative and legal proceedings.

When amounts unduly paid to a final beneficiary cannot be recovered, the Member State concerned shall be responsible for reimbursing the amounts lost to the general budget of the European Union when it is established that the loss has been incurred as a result of its fault or negligence.

4.   Member States shall be primarily responsible for the financial control of actions and shall ensure that management and control systems and audits are implemented in such a way as to guarantee that Community funds are used properly and effectively. They shall provide the Commission with a description of these systems.

5.   The detailed rules for implementing paragraphs 1 to 4 shall be adopted in accordance with the procedure referred to in Article 56(2).

Article 34

Management and control systems

1.   Before the Commission approves the multiannual programme, in accordance with the procedure referred to in Article 56(2) the Member States shall ensure that management and control systems have been set up in accordance with Articles 26 to 32. They shall be responsible for ensuring that the systems function effectively throughout the programming period.

2.   Member States shall submit to the Commission, together with their draft multiannual programme, a description of the organisation and procedures of the responsible authorities, delegated authorities and certifying authorities, and the internal audit systems operating in those authorities and bodies, the audit authority, and any other bodies carrying out audits under its responsibility.

3.   The Commission shall review the application of this provision in the context of the preparation of the report for the period 2007 to 2010 referred to in Article 52(3).

Article 35

Responsibilities of the Commission

1.   The Commission shall satisfy itself in accordance with the procedure laid down in Article 34 that the Member States have set up management and control systems that comply with Articles 26 to 32, and on the basis of the annual audit reports and its own audits, that the systems function effectively during the programming period.

2.   Without prejudice to audits carried out by Member States, Commission officials or authorised Commission representatives may carry out on-the-spot checks to verify the effective functioning of the management and control systems, which may include audits of actions included in the annual programmes, with a minimum of three working days' notice. Officials or authorised representatives of the Member State concerned may take part in such audits.

3.   The Commission may require a Member State to carry out on-the-spot checks to verify the correct functioning of the systems or the correctness of one or more transactions. Commission officials or authorised Commission representatives may take part in such checks.

4.   The Commission shall, in cooperation with the Member States, ensure that appropriate information, publicity and follow-up are provided for actions supported by the Fund.

5.   The Commission shall, in cooperation with the Member States, ensure that actions are consistent with, and complementary to, other relevant Community policies, instruments and initiatives.

6.   The Commission shall lay down guidelines to ensure the visibility of the funding granted under this Decision.

Article 36

Cooperation with the audit authorities of the Member States

1.   The Commission shall cooperate with the audit authorities to coordinate their respective audit plans and methods and shall immediately exchange the results of audits carried out of management and control systems in order to make the best possible use of control resources and to avoid unjustified duplication of work.

The Commission shall provide its comments on the audit strategy presented under Article 32 within not more than three months of its receipt.

2.   In determining its own audit strategy, the Commission shall identify those annual programmes which it considers satisfactory on the basis of its existing knowledge of the management and control systems.

For those programmes, the Commission may conclude that it can rely principally on the audit evidence provided by the Member States and that it will carry out its own on the spot checks only if there is evidence to suggest shortcomings in the systems.

CHAPTER VII

FINANCIAL MANAGEMENT

Article 37

Eligibility — Declarations of expenditure

1.   All declarations of expenditure shall include the amount of expenditure incurred by final beneficiaries in implementing the actions and the corresponding contribution from public or private funds.

2.   Expenditure shall correspond to the payments effected by the final beneficiaries. It shall be justified by receipted invoices or accounting documents of equivalent evidential value.

3.   Expenditure may be considered eligible for support from the Fund only if it is actually paid no earlier than 1 January of the year referred to in the financing decision approving the annual programme referred to in the third subparagraph of Article 23(4). The co-financed actions must not have been completed before the starting date for eligibility.

By way of exception, the period for which expenditure is eligible shall be fixed at three years for the expenditure implementing the actions supported under the 2007 annual programmes.

4.   The rules governing eligibility of expenditure within the framework of implemented actions co-financed by the Fund in the Member States under Article 4 shall be adopted in accordance with the procedure referred to in Article 56(2).

Article 38

Completeness of payment to final beneficiaries

Member States shall satisfy themselves that the responsible authority ensures that the final beneficiaries receive the total amount of the contribution from public funds as quickly as possible. No amounts shall be deducted or withheld, nor shall any further specific charge or other charge with equivalent effect be levied that would reduce these amounts for the final beneficiaries, provided that the final beneficiaries meet all the requirements regarding the eligibility of actions and expenses.

Article 39

Use of the euro

1.   Amounts set out in the draft multiannual and annual programmes of the Member States referred to in Articles 21 and 23 respectively, certified declarations of expenditure, requests for payments referred to in Article 29(1)(n), expenditure mentioned in the progress report on the implementation of the annual programme referred to in Article 41(4) and the final report on the implementation of the annual programme referred to in Article 53 shall be denominated in euros.

2.   Commission financing decisions approving the annual programmes of Member States referred to in the third subparagraph of Article 23(4), Commission commitments and Commission payments shall be denominated and carried out in euros.

3.   Member States which have not adopted the euro as their currency on the date of the request for payment shall convert into euros the amounts of expenditure incurred in national currency. This amount shall be converted into euros using the monthly accounting exchange rate of the Commission for the month during which the expenditure was entered in the accounts of the responsible authority of the programme concerned. This rate shall be published electronically by the Commission each month.

4.   When the euro becomes the currency of a Member State, the conversion procedure set out in paragraph 3 shall continue to apply to all expenditure recorded in the accounts by the certifying authority before the date of entry into force of the fixed conversion rate between the national currency and the euro.

Article 40

Commitments

Community budgetary commitments shall be made annually on the basis of the Commission financing decision approving the annual programme referred to in the third subparagraph of Article 23(4).

Article 41

Payments — Prefinancing

1.   Payments by the Commission of the contribution from the Fund shall be made in accordance with the budget commitments.

2.   Payments shall take the form of pre-financing and payment of the balance. They shall be made to the responsible authority designated by the Member State.

3.   A first pre-financing payment representing 50 % of the amount allocated in the financing decision approving the annual programme shall be made to the Member State within sixty days following the adoption of that decision.

4.   A second pre-financing payment shall be made no more than three months after the Commission has approved, within two months of the formal submission of a request for payment by a Member State, a progress report on the implementation of the annual programme and a certified declaration of expenditure drawn up in accordance with Article 31(1)(a), and Article 37 accounting for at least 60 % of the amount of the initial payment.

The amount of the second pre-financing payment made by the Commission shall not exceed 50 % of the total amount allocated by the financing decision approving the annual programme and, in any event, where a Member State has committed nationally an amount less than the amount indicated in the financing decision approving the annual programme, the balance of the amount of Community funds actually committed by the Member State for selected projects under the annual programme minus the first pre-financing payment.

5.   Any interest generated by pre-financing payments shall be posted to the annual programme concerned, being regarded as a resource for the Member State as national public contribution and shall be declared to the Commission at the time of the declaration of expenditure relating to the final report on the implementation of the annual programme concerned.

6.   The amounts paid as pre-financing shall be cleared from the accounts when the annual programme is closed.

Article 42

Payment of balance

1.   The Commission shall pay the balance provided it has received the following documents no later than nine months after the eligibility deadline for expenditure laid down in the financing decision approving the annual programme:

| (a) | a certified declaration of expenditure, duly drawn up in accordance with Article 31(1)(a) and Article 37, and a request for payment of the balance or statement of reimbursement; |
| --- | --- |

(a)

a certified declaration of expenditure, duly drawn up in accordance with Article 31(1)(a) and Article 37, and a request for payment of the balance or statement of reimbursement;

| (b) | the final report on the implementation of the annual programme as set out in Article 53; |
| --- | --- |

(b)

the final report on the implementation of the annual programme as set out in Article 53;

| (c) | the annual audit report, opinion and declaration provided for in Article 32(3). |
| --- | --- |

(c)

the annual audit report, opinion and declaration provided for in Article 32(3).

The payment of the balance shall be subject to the acceptance of the final report on the implementation of the annual programme and of the declaration assessing the validity of the request for payment of the balance.

2.   If the responsible authority fails to provide the documents required in paragraph 1 by the due date and in an acceptable format, the Commission shall decommit any part of the budget commitment of the corresponding annual programme that has not been used for payment of the pre-financing.

3.   The automatic cancellation procedure defined in paragraph 2 shall be suspended, for the amount of the projects concerned, where legal proceedings or administrative appeals having suspensive effects are under way at Member State level when the documents defined in paragraph 1 are submitted. The Member State shall, in the final report submitted, give detailed information on such projects, and send reports on progress made with regard to these projects every six months. Within three months of the conclusion of the legal proceedings or administrative appeal procedure, the Member State shall present the documents required in paragraph 1 for the projects concerned.

4.   The nine-month period referred to in paragraph 1 shall cease to run if the Commission adopts a decision suspending payments of the co-financing for the relevant annual programme in accordance with Article 44. The period shall start to run again from the date when the Commission decision referred to in Article 44(3) has been notified to the Member State.

5.   Without prejudice to Article 43, the Commission shall, within six months of receiving the documents referred to in paragraph 1 of this Article, inform the Member State of the amount of expenditure recognised by the Commission as chargeable to the Fund, and of any financial corrections deriving from the difference between declared expenditure and the expenditure recognised. The Member State shall have three months to present its comments.

6.   Within three months of receiving the Member State's comments, the Commission shall decide on the amount of expenditure recognised as chargeable to the Fund, and recover the balance arising from the difference between final recognised expenditure and the sums already paid to that Member State.

7.   Subject to available funding, the Commission shall pay the balance within no more than sixty days from the date on which it accepts the documents referred to in paragraph 1. The balance of the budgetary commitment shall be decommitted within six months following the payment.

Article 43

Withholding of payments

1.   The payment shall be withheld by the authorising officer by delegation within the meaning of the Financial Regulation for a maximum period of six months if:

| (a) | in a report of a national or Community audit body there is evidence to suggest a significant deficiency in the functioning of the management and control systems; |
| --- | --- |

(a)

in a report of a national or Community audit body there is evidence to suggest a significant deficiency in the functioning of the management and control systems;

| (b) | that officer has to carry out additional verifications following information coming to his notice which alerted him that expenditure in a certified declaration of expenditure is linked to a serious irregularity which has not been corrected. |
| --- | --- |

(b)

that officer has to carry out additional verifications following information coming to his notice which alerted him that expenditure in a certified declaration of expenditure is linked to a serious irregularity which has not been corrected.

2.   The Member State and the responsible authority shall be informed immediately of the reasons for the payment being withheld. The payment shall be withheld until the necessary measures are taken by the Member State.

Article 44

Suspension of payments

1.   All or part of the pre-financing and payments of the balance may be suspended by the Commission when:

| (a) | there is a serious deficiency in the management and control system of the programme which affects the reliability of the procedure for certification of payments and for which corrective measures have not been taken; or |
| --- | --- |

(a)

there is a serious deficiency in the management and control system of the programme which affects the reliability of the procedure for certification of payments and for which corrective measures have not been taken; or

| (b) | expenditure in a certified declaration of expenditure is linked to a serious irregularity which has not been corrected; or |
| --- | --- |

(b)

expenditure in a certified declaration of expenditure is linked to a serious irregularity which has not been corrected; or

| (c) | a Member State has not complied with its obligations under Articles 33 and 34. |
| --- | --- |

(c)

a Member State has not complied with its obligations under Articles 33 and 34.

2.   The Commission may decide to suspend pre-financing and payments of the balance after having given the Member State the opportunity to present its observations within a period of three months.

3.   The Commission shall end suspension of pre-financing and payments of the balance when it considers that the Member State has taken the necessary measures to enable the suspension to be lifted.

4.   If the necessary measures are not taken by the Member State, the Commission may adopt a decision to cancel all or part of the net amount or cancel the Community contribution to the annual programme in accordance with Article 48.

Article 45

Conservation of documents

Without prejudice to the rules governing State aid under Article 87 of the Treaty, the responsible authority shall ensure that all the supporting documents regarding expenditure and audits on the programmes concerned are kept available for the Commission and the Court of Auditors for a period of five years following the closure of the programmes in accordance with Article 42(1).

This period shall be interrupted either in the case of legal proceedings or at the duly substantiated request of the Commission.

The documents shall be kept either in the form of the originals or in versions certified to be in conformity with the originals on commonly accepted data carriers.

CHAPTER VIII

FINANCIAL CORRECTIONS

Article 46

Financial corrections by Member States

1.   Member States shall, in the first instance, bear the responsibility for investigating irregularities, acting upon evidence of any major change affecting the nature or the conditions for the implementation or control of programmes and making the required financial corrections.

2.   Member States shall make the financial corrections required in connection with the individual or systemic irregularities detected in actions or annual programmes.

Corrections made by Member States shall consist in cancelling, and if applicable, recovering all or part of the Community contribution. Where the amount is not repaid in the time allowed by the relevant Member State, default interest shall be due at the rate provided for in Article 49(2). Member States shall take into account the nature and gravity of the irregularities and the financial loss to the Fund.

3.   In the event of systemic irregularities the relevant Member State shall extend its enquiries to cover all operations liable to be affected.

4.   Member States shall include in the final report on the implementation of the annual programme referred to in Article 53 a list of cancellation procedures initiated for the annual programme concerned.

Article 47

Audit of accounts and financial corrections by the Commission

1.   Without prejudice to the powers of the Court of Auditors or the checks carried out by the Member States in accordance with national laws, regulations and administrative provisions, Commission officials or authorised Commission representatives may carry out on-the-spot checks, including sample checks, on the actions financed by the Fund and on management and control systems with a minimum of three working days' notice. The Commission shall give notice to the Member State concerned with a view to obtaining all the assistance necessary. Officials or authorised representatives of the Member State concerned may take part in such checks.

The Commission may require the Member State concerned to carry out an on-the-spot check to verify the accuracy of one or more transactions. Commission officials or authorised Commission representatives may take part in such checks.

2.   If, after completing the necessary verifications, the Commission concludes that a Member State is not complying with its obligations under Article 33, it shall suspend the pre-financing or payment of the balance in accordance with Article 44.

Article 48

Criteria for the corrections

1.   The Commission may make financial corrections by cancelling all or part of the Community contribution to an annual programme where, after carrying out the necessary examination, it concludes that:

| (a) | there is a serious deficiency in the management and control system of the programme which has put at risk the Community contribution already paid to the programme; |
| --- | --- |

(a)

there is a serious deficiency in the management and control system of the programme which has put at risk the Community contribution already paid to the programme;

| (b) | expenditure contained in a certified declaration of expenditure is irregular and has not been corrected by the Member State prior to the opening of the correction procedure under this paragraph; |
| --- | --- |

(b)

expenditure contained in a certified declaration of expenditure is irregular and has not been corrected by the Member State prior to the opening of the correction procedure under this paragraph;

| (c) | a Member State has not complied with its obligations under Article 33 prior to the opening of the correction procedure under this paragraph. |
| --- | --- |

(c)

a Member State has not complied with its obligations under Article 33 prior to the opening of the correction procedure under this paragraph.

The Commission shall decide after having taken into account any comments made by the Member State.

2.   The Commission shall base its financial corrections on individual cases of irregularity identified, taking account of the systemic nature of the irregularity to determine whether a flat-rate or extrapolated correction should be applied. Where the irregularity relates to a declaration of expenditure for which a reasonable assurance had previously been given by the audit authority in accordance with Article 32(3)(b), there will be a presumption of a systemic problem giving rise to the application of a flat-rate or extrapolated correction, unless the Member State can provide proof within three months to rebut this presumption.

3.   The Commission shall, when deciding the amount of a correction, take account of the importance of the irregularity and the extent and financial implications of the deficiencies found in the annual programme concerned.

4.   Where the Commission bases its position on the facts established by auditors other than those of its own services, it shall draw its own conclusions regarding the financial consequences, after examining the measures taken by the Member State concerned under Article 34, the reports of notified irregularities and any replies from the Member State.

Article 49

Repayment

1.   Any repayment due to be made to the general budget of the European Union shall be effected before the due date indicated in the order for recovery drawn up in accordance with Article 72 of the Financial Regulation. This due date shall be the last day of the second month following the issuing of the order.

2.   Any delay in effecting repayment shall give rise to interest on account of late payment, starting on the due date and ending on the date of actual payment. The rate of such interest shall be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union, in force on the first calendar day of the month in which the due date falls, increased by three and a half percentage points.

Article 50

Obligations of Member States

A financial correction by the Commission shall not prejudice the Member State's obligation to pursue recoveries under Article 46.

CHAPTER IX

MONITORING, EVALUATION AND REPORTS

Article 51

Monitoring and evaluation

1.   The Commission shall carry out regular monitoring of the Fund in cooperation with the Member States.

2.   The Fund shall be evaluated by the Commission in partnership with the Member States to assess the relevance, effectiveness and impact of actions in the light of the objectives referred to in Article 3 in the context of the preparation for the reports set out in Article 52(3).

3.   The Commission shall also consider the complementarity between the actions implemented under the Fund and those pursued under other relevant Community policies, instruments and initiatives.

4.   As a part of the report for the period 2007 to 2010 referred to in Article 52(3)(c), the Commission shall assess the impact of the Fund on the development of the policy and legislation on external border control, assess the synergies between the Fund and the tasks of the Agency as well as the appropriateness of the criteria established to allocate the funds between the Member States in light of the objectives pursued by the European Union in this area.

Article 52

Reporting obligations

1.   In each Member State the responsible authority shall take the necessary measures to ensure project monitoring and evaluation.

To that end, the agreements and contracts it concludes with the organisations responsible for the implementation of the actions shall include clauses laying down an obligation to submit regular and detailed reports on the progress of implementation and completion of the assigned objectives, which shall be the basis for, respectively, the progress and final reports on the implementation of the annual programme.

2.   The Member States shall submit to the Commission:

| (a) | by 30 June 2010, an evaluation report on the implementation of actions co-financed by the Fund; |
| --- | --- |

(a)

by 30 June 2010, an evaluation report on the implementation of actions co-financed by the Fund;

| (b) | by 30 June 2012 for the period 2007 to 2010 and by 30 June 2015 for the period 2011 to 2013 respectively, an evaluation report on the results and impact of actions co-financed by the Fund. |
| --- | --- |

(b)

by 30 June 2012 for the period 2007 to 2010 and by 30 June 2015 for the period 2011 to 2013 respectively, an evaluation report on the results and impact of actions co-financed by the Fund.

3.   The Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions:

| (a) | by 30 June 2010, a report to review Articles 14 and 15, together with proposals for amendments if deemed necessary; |
| --- | --- |

(a)

by 30 June 2010, a report to review Articles 14 and 15, together with proposals for amendments if deemed necessary;

| (b) | by 31 December 2010, an intermediate report on the results achieved and on qualitative and quantitative aspects of implementation of the Fund, together with a proposal on the Fund's future development; |
| --- | --- |

(b)

by 31 December 2010, an intermediate report on the results achieved and on qualitative and quantitative aspects of implementation of the Fund, together with a proposal on the Fund's future development;

| (c) | by 31 December 2012 for the period 2007 to 2010 and 31 December 2015 for the period 2011 to 2013 respectively, an ex-post evaluation report. |
| --- | --- |

(c)

by 31 December 2012 for the period 2007 to 2010 and 31 December 2015 for the period 2011 to 2013 respectively, an ex-post evaluation report.

Article 53

Final report on the implementation of the annual programme

1.   The final report on the implementation of the annual programme shall include the following information in order to obtain a clear view of the implementation of the programme:

| (a) | the financial and operational implementation of the annual programme; |
| --- | --- |

(a)

the financial and operational implementation of the annual programme;

| (b) | the progress made in implementing the multiannual programme and its priorities in relation to its specific, verifiable targets, with a quantification, wherever and whenever they lend themselves to quantification, of the indicators; |
| --- | --- |

(b)

the progress made in implementing the multiannual programme and its priorities in relation to its specific, verifiable targets, with a quantification, wherever and whenever they lend themselves to quantification, of the indicators;

| (c) | the steps taken by the responsible authority to ensure the quality and effectiveness of implementation, in particular:






  (i) | monitoring and evaluation measures, including data collection arrangements; |
| --- | --- | --- |

(c)

the steps taken by the responsible authority to ensure the quality and effectiveness of implementation, in particular:

(i)

monitoring and evaluation measures, including data collection arrangements;

| (ii) | a summary of any significant problems encountered in implementing the operational programme and any measures taken; |
| --- | --- |

(ii)

a summary of any significant problems encountered in implementing the operational programme and any measures taken;

| (iii) | the use made of technical assistance; |
| --- | --- |

(iii)

the use made of technical assistance;

| (d) | the measures taken to provide information on and make public the annual and multiannual programmes. |
| --- | --- |

(d)

the measures taken to provide information on and make public the annual and multiannual programmes.

2.   The report shall be judged acceptable where it contains all the information listed in paragraph 1. The Commission shall reach a decision on the content of the report submitted by the responsible authority within two months of having received all the information referred to in paragraph 1, which shall be acknowledged to the Member States. If the Commission does not respond within the time limit laid down, the report shall be deemed to be accepted.

3.   The Commission shall communicate to the Agency the approved final reports on the implementation of the annual programme.

CHAPTER X

TRANSITIONAL PROVISIONS

Article 54

Preparation of the multiannual programme

1.   By way of derogation from Article 20, Member States shall:

| (a) | as soon as possible after ... (******) but no later than ... (*******), designate the national responsible authority referred to in Article 27(1)(a), as well as, where appropriate, the delegated authority; |
| --- | --- |

(a)

as soon as possible after ... (******) but no later than ... (*******), designate the national responsible authority referred to in Article 27(1)(a), as well as, where appropriate, the delegated authority;

| (b) | by 30 September 2007, submit a description of the management and control systems referred to in Article 34(2). |
| --- | --- |

(b)

by 30 September 2007, submit a description of the management and control systems referred to in Article 34(2).

2.   By 1 July 2007, the Commission shall provide Member States with:

| (a) | an estimate of the amounts allocated to them for the financial year 2007; |
| --- | --- |

(a)

an estimate of the amounts allocated to them for the financial year 2007;

| (b) | estimates of the amounts to be allocated to them for the financial years 2008 to 2013, on the basis of an extrapolation of the calculation for the estimate for the financial year 2007, bearing in mind the proposed annual appropriations for the years 2007 to 2013 as set out in the Financial Framework. |
| --- | --- |

(b)

estimates of the amounts to be allocated to them for the financial years 2008 to 2013, on the basis of an extrapolation of the calculation for the estimate for the financial year 2007, bearing in mind the proposed annual appropriations for the years 2007 to 2013 as set out in the Financial Framework.

Article 55

The preparation of the 2007 and 2008 annual programmes

1.   By way of derogation from Article 23, the following time table shall apply for implementation in the financial year 2007 and 2008:

| (a) | by 1 July 2007, the Commission shall provide Member States with an estimate of the amounts allocated to them for the financial year 2007; |
| --- | --- |

(a)

by 1 July 2007, the Commission shall provide Member States with an estimate of the amounts allocated to them for the financial year 2007;

| (b) | by 1 December 2007, Member States shall present the draft annual programme for 2007 to the Commission; |
| --- | --- |

(b)

by 1 December 2007, Member States shall present the draft annual programme for 2007 to the Commission;

| (c) | by 1 March 2008, Member States shall present the draft annual programme for 2008 to the Commission. |
| --- | --- |

(c)

by 1 March 2008, Member States shall present the draft annual programme for 2008 to the Commission.

2.   As concerns the 2007 annual programme, expenditure actually disbursed between 1 January 2007 and the date on which the financing decision approving the annual programme of the Member State concerned is adopted may qualify for support from the Fund.

3.   To allow for the adoption in 2008 of financing decisions approving the annual programme for 2007, the Commission shall make the Community budgetary commitment for 2007 on the basis of the estimate of the amount to be allocated to the Member States, calculated as provided by Articles 14 and 15.

CHAPTER XI

FINAL PROVISIONS

Article 56

Committee

1.   The Commission shall be assisted by the common Committee ‘Solidarity and Management of Migration Flows’, established by this Decision.

2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

3.   Where reference is made to this paragraph, Article 5a(1) to (4) and 5(b) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The time-limits laid down in Article 5a(3)(c), (4)(b) and (4)(e) of Decision 1999/468/EC shall be set at six weeks.

Article 57

Review

The European Parliament and the Council shall review this Decision on the basis of a proposal from the Commission by 30 June 2013.

Article 58

Entry into force and application

This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

This Decision shall apply from ... (******), with the exception of Articles 14, 15, 20, 21, 23, 27, Article 33(2), Article 33(5), Article 34, Article 37(4) and Article 56 which shall apply from 1 January 2007.

Article 59

Addressees

This Decision is addressed to the Member States in accordance with the Treaty establishing the European Community.

Done at ..., ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 88, 11.4.2006, p. 15.

1

(2)  OJ C 115, 16.5.2006, p. 47.

2

(3)  Position of the European Parliament of 14 December 2006.

3

(4)  OJ L 349, 25.11.2004, p. 1.

4

(5)  OJ L 105, 13.4.2006, p. 1.

5

(6)  OJ L 236, 23.9.2003, p. 946.

6

(7)  OJ ...

7

(*)  OJ: please insert number, date and OJ reference of that Decision.

*

(8)  OJ ...

8

(9)  OJ ...

9

(10)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

10

(11)  OJ C 139, 14.6.2006, p. 1.

11

(12)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

12

(13)  OJ L 176, 10.7.1999, p. 31.

13

(14)  OJ L 176, 10.7.1999, p. 53.

14

(15)  OJ L 370, 17.12.2004, p. 78.

15

(16)  OJ L 131, 1.6.2000, p. 43.

16

(17)  OJ L 395, 31.12.2004, p. 70.

17

(18)  OJ L 64, 7.3.2002, p. 20.

18

(19)  OJ L 396, 31.12.2004, p. 45.

19

(**)  OJ: please insert the number of the first Decision referred to in recital 18 (European Refugee Fund).

**

(***)  OJ: please insert the number of the second Decision referred to in recital 18 (European Return Fund).

***

(****)  OJ: please insert the number of the third Decision referred to in recital 18 (European Fund for the Integration of third-country Nationals).

****

(20)  OJ L 261, 6.8.2004, p. 24.

20

(21)  OJ L 239, 22.9.2000, p. 19. Convention as last amended by Regulation (EC) No 1987/2006 of the European Parliament and of the Council (OJ L 381, 28.12.2006, p. 4).

21

(22)  OJ L 99, 17.4.2003, p. 8.

22

(23)  OJ L 99, 17.4.2003, p. 15.

23

(24)  OJ L 81, 21.3.2001, p. 1. Regulation as last amended by Regulation (EC) No 851/2005 (OJ L 141, 4.6.2005, p. 3).

24

(25)  OJ L 161, 30.4.2004, p. 128. Corrected version in OJ L 206, 9.6.2004, p. 51. Regulation as last amended by Commission Regulation (EC) No 1283/2005 (OJ L 203, 4.8.2005, p. 8).

25

(*****)  OJ: please insert the numbers of the 3 Decisions referred to in recital 18.

*****

(******)  Date of entry into force of this Decision.

******

(*******)  15 days after entry into force of this Decision.

*******

P6_TA(2006)0591

European Return Fund ***I

European Parliament legislative resolution on the proposal for a decision of the European Parliament and of the Council establishing the European Return Fund for the period 2008-2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (COM(2005)0123 — C6-0126/2005 — 2005/0049(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0123) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0123) (1),

| — | having regard to Article 251(2) and Article 63(3)(b) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0126/2005), |
| --- | --- |

—

having regard to Article 251(2) and Article 63(3)(b) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0126/2005),

| — | having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis, |
| --- | --- |

—

having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

| — | having regard to 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 Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Foreign Affairs, the Committee on Development and the Committee on Budgets (A6-0425/2006); |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Foreign Affairs, the Committee on Development and the Committee on Budgets (A6-0425/2006);

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and Commission.

---

(1)  Not yet published in OJ.

P6_TC1-COD(2005)0049

Position of the European Parliament adopted at first reading on 14 December 2006 with a view to the adoption of Decision No .../2007/EC of the European Parliament and of the Council on establishing the European Return Fund for the period 2008 to 2013 as part of the General Programme ‘Solidarity and Management of Migration Flows’

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 63(2)(b) and 63(3)(b) 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) | With a view to the progressive establishment of an area of freedom, security and justice, the Treaty provides both for the adoption of measures aimed at ensuring the free movement of persons, in conjunction with accompanying measures relating to external border controls, asylum and immigration, and for the adoption of measures relating to asylum, immigration and the safeguarding of the rights of third-country nationals. |
| --- | --- |

(1)

With a view to the progressive establishment of an area of freedom, security and justice, the Treaty provides both for the adoption of measures aimed at ensuring the free movement of persons, in conjunction with accompanying measures relating to external border controls, asylum and immigration, and for the adoption of measures relating to asylum, immigration and the safeguarding of the rights of third-country nationals.

| (2) | The European Council, at its meeting in Tampere on 15 and 16 October 1999, reaffirmed its resolve to create an area of freedom, security and justice. For that purpose, a common European policy on asylum and migration should aim both at the fair treatment of third-country nationals and the better management of migration flows. |
| --- | --- |

(2)

The European Council, at its meeting in Tampere on 15 and 16 October 1999, reaffirmed its resolve to create an area of freedom, security and justice. For that purpose, a common European policy on asylum and migration should aim both at the fair treatment of third-country nationals and the better management of migration flows.

| (3) | An effective Community return policy is a necessary complement to a credible legal immigration and asylum policy as well as an important component in the fight against illegal immigration. Considerable budgets are earmarked by Member States with a view to implementing return programmes and forced return operations. Common action of the European Union in this field, backed with appropriate financial means from the Community, could support Member States, underline the necessity of the return of illegal residents and contribute to enhanced solidarity among Member States. |
| --- | --- |

(3)

An effective Community return policy is a necessary complement to a credible legal immigration and asylum policy as well as an important component in the fight against illegal immigration. Considerable budgets are earmarked by Member States with a view to implementing return programmes and forced return operations. Common action of the European Union in this field, backed with appropriate financial means from the Community, could support Member States, underline the necessity of the return of illegal residents and contribute to enhanced solidarity among Member States.

| (4) | On 28 February 2002, the Council adopted the Comprehensive Plan to combat illegal immigration and trafficking of human beings in the European Union (4) in which it stressed that re-admission and return policy constitutes an integral and vital component in the fight against illegal immigration and identified two elements on which a Community return policy should be based, namely common principles and common measures, within the framework of improving administrative cooperation between Member States. |
| --- | --- |

(4)

On 28 February 2002, the Council adopted the Comprehensive Plan to combat illegal immigration and trafficking of human beings in the European Union (4) in which it stressed that re-admission and return policy constitutes an integral and vital component in the fight against illegal immigration and identified two elements on which a Community return policy should be based, namely common principles and common measures, within the framework of improving administrative cooperation between Member States.

| (5) | The Council's Return Action Programme of 28 November 2002, based on the Commission's Communication of 14 October 2002 on a Community return policy on illegal residents, addresses the entire chain of action with respect to return management in Member States, covering both forced and voluntary return of third-country nationals as well as the central stages of return, including preparation and follow-up. |
| --- | --- |

(5)

The Council's Return Action Programme of 28 November 2002, based on the Commission's Communication of 14 October 2002 on a Community return policy on illegal residents, addresses the entire chain of action with respect to return management in Member States, covering both forced and voluntary return of third-country nationals as well as the central stages of return, including preparation and follow-up.

| (6) | The European Council, at its meeting in Thessaloniki on 19 and 20 June 2003, called on the Commission to examine all aspects relating to a separate Community instrument on return in order to support, in particular the priorities as set out in the Return Action Programme. |
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(6)

The European Council, at its meeting in Thessaloniki on 19 and 20 June 2003, called on the Commission to examine all aspects relating to a separate Community instrument on return in order to support, in particular the priorities as set out in the Return Action Programme.

| (7) | The Council Conclusions on the priorities for the successful development of a common re-admission policy of 2 November 2004 emphasise that Community re-admission agreements make an important contribution to an effective joint migration management and play a valuable role in the fight against illegal immigration. They are an important element in the framework of the dialogue and cooperation between the European Union and the countries of origin, former residence and transit of illegal immigrants. |
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(7)

The Council Conclusions on the priorities for the successful development of a common re-admission policy of 2 November 2004 emphasise that Community re-admission agreements make an important contribution to an effective joint migration management and play a valuable role in the fight against illegal immigration. They are an important element in the framework of the dialogue and cooperation between the European Union and the countries of origin, former residence and transit of illegal immigrants.

| (8) | Following the Conclusions of 8 June 2004 in which the Council called on the budgetary authority to make preparatory actions available and invited the Commission to take into account its view on the development of integrated return plans in close cooperation with Member States, preparatory actions were initiated for the period 2005 and 2006. |
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(8)

Following the Conclusions of 8 June 2004 in which the Council called on the budgetary authority to make preparatory actions available and invited the Commission to take into account its view on the development of integrated return plans in close cooperation with Member States, preparatory actions were initiated for the period 2005 and 2006.

| (9) | The European Council, at its meeting in Brussels on 4 and 5 November 2004, called in ‘The Hague Programme’ for launching the preparatory phase of a European Return Fund (hereinafter referred to as ‘the Fund’) and the establishment of the Fund by 2007, taking into account the evaluation of the preparatory phase. |
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(9)

The European Council, at its meeting in Brussels on 4 and 5 November 2004, called in ‘The Hague Programme’ for launching the preparatory phase of a European Return Fund (hereinafter referred to as ‘the Fund’) and the establishment of the Fund by 2007, taking into account the evaluation of the preparatory phase.

| (10) | In November 2004 the Council took note of the Presidency's report on an analysis of reported best practices of return to specific countries. The report stated ample possibilities and a need for more practical cooperation between Member States in the practice of return. The report indicated possibilities for a more integrated approach, on both national and Community level, of return policy as well as general policies. Also, the report identified best practices by Member States regarding the voluntary or forced return of third-country nationals to their country of origin or transit, such as the promotion of Assisted Voluntary Return Programmes for sustainable return, return counselling, and the organisation of joint return operations, including charter flights. |
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(10)

In November 2004 the Council took note of the Presidency's report on an analysis of reported best practices of return to specific countries. The report stated ample possibilities and a need for more practical cooperation between Member States in the practice of return. The report indicated possibilities for a more integrated approach, on both national and Community level, of return policy as well as general policies. Also, the report identified best practices by Member States regarding the voluntary or forced return of third-country nationals to their country of origin or transit, such as the promotion of Assisted Voluntary Return Programmes for sustainable return, return counselling, and the organisation of joint return operations, including charter flights.

| (11) | It is necessary to endow the Community with an instrument designed to support and encourage the efforts made by the Member States to improve the management of return in all its dimensions, on the basis of the principle of integrated return management, and with a view to supporting a fair and effective implementation of common standards on return, as established under Community legislation on return. |
| --- | --- |

(11)

It is necessary to endow the Community with an instrument designed to support and encourage the efforts made by the Member States to improve the management of return in all its dimensions, on the basis of the principle of integrated return management, and with a view to supporting a fair and effective implementation of common standards on return, as established under Community legislation on return.

| (12) | No funding should be provided for in 2007 under this Decision, in order to be able to take into account the results of preparatory actions on return in 2005 and 2006, on the basis of a report by the Commission on the evaluation of the preparatory actions. |
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(12)

No funding should be provided for in 2007 under this Decision, in order to be able to take into account the results of preparatory actions on return in 2005 and 2006, on the basis of a report by the Commission on the evaluation of the preparatory actions.

| (13) | The common standards concerned are in particular Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third-country nationals (5) and its corollary, Council Decision 2004/191/EC of 23 February 2004 setting out the criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of Directive 2001/40/EC on the mutual recognition of decisions on expulsion of third-country nationals (6), and Council Decision 2004/573/EC of 29 April 2004 on the organisation of joint flights for removals from the territory of two or more Member States, of third-country nationals who are subjects of individual removal orders (7). |
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(13)

The common standards concerned are in particular Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third-country nationals (5) and its corollary, Council Decision 2004/191/EC of 23 February 2004 setting out the criteria and practical arrangements for the compensation of the financial imbalances resulting from the application of Directive 2001/40/EC on the mutual recognition of decisions on expulsion of third-country nationals (6), and Council Decision 2004/573/EC of 29 April 2004 on the organisation of joint flights for removals from the territory of two or more Member States, of third-country nationals who are subjects of individual removal orders (7).

| (14) | This concerns also future Community instruments, such as an instrument on common standards on procedures in Member States for returning illegally staying third-country nationals, which should create a level playing field in the European Union on return procedures and would therefore define conditions for and the margin within which Member States take return measures. |
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(14)

This concerns also future Community instruments, such as an instrument on common standards on procedures in Member States for returning illegally staying third-country nationals, which should create a level playing field in the European Union on return procedures and would therefore define conditions for and the margin within which Member States take return measures.

| (15) | Member States should ensure that actions under the Fund respect the obligations derived from fundamental rights, laid down in particular in the European Convention for the Protection of Human Rights and Fundamental Freedoms (the European Convention on Human Rights), the Charter of Fundamental Rights of the European Union, the Geneva Convention relating to the Status of Refugees of 28 July 1951 as supplemented by the New York Protocol of 31 January 1967, and other relevant international instruments, such as the 1989 United Nations Convention on the Rights of the Child, where applicable. |
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(15)

Member States should ensure that actions under the Fund respect the obligations derived from fundamental rights, laid down in particular in the European Convention for the Protection of Human Rights and Fundamental Freedoms (the European Convention on Human Rights), the Charter of Fundamental Rights of the European Union, the Geneva Convention relating to the Status of Refugees of 28 July 1951 as supplemented by the New York Protocol of 31 January 1967, and other relevant international instruments, such as the 1989 United Nations Convention on the Rights of the Child, where applicable.

| (16) | Bearing in mind that collective expulsion is prohibited under Protocol 4 to the European Convention on Human Rights, only persons who are the subject of individual removal orders should be returned via joint return operations eligible for funding under this Decision. |
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(16)

Bearing in mind that collective expulsion is prohibited under Protocol 4 to the European Convention on Human Rights, only persons who are the subject of individual removal orders should be returned via joint return operations eligible for funding under this Decision.

| (17) | In the light of the scope and the purpose of the Fund, it should not, in any event, support actions with respect to areas and centres for holding persons in third countries. |
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(17)

In the light of the scope and the purpose of the Fund, it should not, in any event, support actions with respect to areas and centres for holding persons in third countries.

| (18) | As stated in the Return Action Programme, approved by the Council on 28 November 2002, and constantly reaffirmed in the European Union instruments in this area, such as in particular the Council Conclusions on voluntary return of 2 November 2005, voluntary return is an important component of a balanced, effective and sustainable approach to the return. |
| --- | --- |

(18)

As stated in the Return Action Programme, approved by the Council on 28 November 2002, and constantly reaffirmed in the European Union instruments in this area, such as in particular the Council Conclusions on voluntary return of 2 November 2005, voluntary return is an important component of a balanced, effective and sustainable approach to the return.

| (19) | Eligible actions within the scope of the integrated management of return should take account of the specific situation of vulnerable persons. |
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(19)

Eligible actions within the scope of the integrated management of return should take account of the specific situation of vulnerable persons.

| (20) | To enhance efficiency in return management at national level, the Fund should also cover actions relating to voluntary return of persons who are not under an obligation to leave the territory, such as applicants for asylum who have not yet received a negative decision, or persons enjoying a form of international protection within the meaning of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (8), or persons enjoying temporary protection within the meaning of Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (9). |
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(20)

To enhance efficiency in return management at national level, the Fund should also cover actions relating to voluntary return of persons who are not under an obligation to leave the territory, such as applicants for asylum who have not yet received a negative decision, or persons enjoying a form of international protection within the meaning of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (8), or persons enjoying temporary protection within the meaning of Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (9).

| (21) | A primary objective of this Decision should be the promotion of integrated return management at national level. Member States are encouraged to implement return operations in the light of integrated return action plans, which analyse the situation in the Member State with respect to the targeted population, set targets with respect to the operations envisaged and, in cooperation with relevant stakeholders, such as United Nations High Commissioner for Refugees (UNHCR) and the International Organisation for Migration (IOM), offer return schemes focusing on effective and sustainable returns through various measures. Where appropriate, integrated return plans should be regularly assessed and adjusted. |
| --- | --- |

(21)

A primary objective of this Decision should be the promotion of integrated return management at national level. Member States are encouraged to implement return operations in the light of integrated return action plans, which analyse the situation in the Member State with respect to the targeted population, set targets with respect to the operations envisaged and, in cooperation with relevant stakeholders, such as United Nations High Commissioner for Refugees (UNHCR) and the International Organisation for Migration (IOM), offer return schemes focusing on effective and sustainable returns through various measures. Where appropriate, integrated return plans should be regularly assessed and adjusted.

| (22) | To promote the voluntary return of persons, in particular persons who are under no obligation to leave the territory, provision should be made for incentives for such returnees, such as preferential treatment by providing enhanced return assistance. This kind of voluntary return is both in the interests of a dignified return of returnees, as well as of the authorities in terms of cost-effectiveness. Member States should be encouraged to give preference to voluntary return. |
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(22)

To promote the voluntary return of persons, in particular persons who are under no obligation to leave the territory, provision should be made for incentives for such returnees, such as preferential treatment by providing enhanced return assistance. This kind of voluntary return is both in the interests of a dignified return of returnees, as well as of the authorities in terms of cost-effectiveness. Member States should be encouraged to give preference to voluntary return.

| (23) | However, from a policy point of view, voluntary and enforced return are interlinked and have a mutually reinforcing effect and Member States should be encouraged in their return management to reinforce the complementarity of the two forms. There is an obvious need to carry out forced returns in order to safeguard the integrity of the immigration and asylum policy of the European Union and the immigration and asylum systems of the Member States. Thus the possibility of forced return is a prerequisite for ensuring that this policy is not undermined and for enforcing the rule of law, which itself is essential to the creation of an area of freedom, security and justice. This Decision should therefore support actions of Member States to facilitate enforced return. |
| --- | --- |

(23)

However, from a policy point of view, voluntary and enforced return are interlinked and have a mutually reinforcing effect and Member States should be encouraged in their return management to reinforce the complementarity of the two forms. There is an obvious need to carry out forced returns in order to safeguard the integrity of the immigration and asylum policy of the European Union and the immigration and asylum systems of the Member States. Thus the possibility of forced return is a prerequisite for ensuring that this policy is not undermined and for enforcing the rule of law, which itself is essential to the creation of an area of freedom, security and justice. This Decision should therefore support actions of Member States to facilitate enforced return.

| (24) | Moreover, the major obstacles experienced by Member States in the field of return often occur in relation to forced returns. One important obstacle is uncertainty concerning the identity of the person concerned and/or his or her lack of the necessary travel documents. In order to overcome such problems, Member States should be encouraged to improve the cooperation with consular services of third countries and to increase the exchange of information and operational cooperation among themselves as regards the cooperation with such services. |
| --- | --- |

(24)

Moreover, the major obstacles experienced by Member States in the field of return often occur in relation to forced returns. One important obstacle is uncertainty concerning the identity of the person concerned and/or his or her lack of the necessary travel documents. In order to overcome such problems, Member States should be encouraged to improve the cooperation with consular services of third countries and to increase the exchange of information and operational cooperation among themselves as regards the cooperation with such services.

| (25) | It is also imperative for this Decision to support, in those Member States which consider it appropriate, specific measures for returnees in the country of return in order first to ensure effective return to their town or region of origin under good conditions and second to enhance their durable reintegration in their community. Such measures should not consist of assistance to the third country as such and should only be eligible for funding when and insofar as there is a necessary continuation with activities initiated and in the main carried out in the territory of the Member States under an integrated return plan. |
| --- | --- |

(25)

It is also imperative for this Decision to support, in those Member States which consider it appropriate, specific measures for returnees in the country of return in order first to ensure effective return to their town or region of origin under good conditions and second to enhance their durable reintegration in their community. Such measures should not consist of assistance to the third country as such and should only be eligible for funding when and insofar as there is a necessary continuation with activities initiated and in the main carried out in the territory of the Member States under an integrated return plan.

| (26) | Moreover, those measures should be in synergy with the actions supported by the Community instruments on external assistance, in particular the thematic programme on asylum and migration. |
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(26)

Moreover, those measures should be in synergy with the actions supported by the Community instruments on external assistance, in particular the thematic programme on asylum and migration.

| (27) | This Decision is designed to form part of a coherent framework which also includes Decision No .../2007/EC of the European Parliament and of the Council of ... establishing the European Refugee Fund for the period 2008 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (10)
   (*), Decision No .../2007/EC of the European Parliament and of the Council of ... establishing the External Borders Fund for the period 2007 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (11)
   (*), and Council Decision No .../2007/EC of ... establishing the European Fund for the Integration of Third-country Nationals for the period 2007 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (12)
   (*), which aims to address the issue of fairly sharing responsibilities between Member States as concerns the financial burden arising from the introduction of integrated management of the European Union's external borders and from the implementation of common policies on asylum and immigration, as developed in accordance with Title IV of Part 3 of the Treaty. |
| --- | --- |

(27)

This Decision is designed to form part of a coherent framework which also includes Decision No .../2007/EC of the European Parliament and of the Council of ... establishing the European Refugee Fund for the period 2008 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (10)
   (*), Decision No .../2007/EC of the European Parliament and of the Council of ... establishing the External Borders Fund for the period 2007 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (11)
   (*), and Council Decision No .../2007/EC of ... establishing the European Fund for the Integration of Third-country Nationals for the period 2007 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ (12)
   (*), which aims to address the issue of fairly sharing responsibilities between Member States as concerns the financial burden arising from the introduction of integrated management of the European Union's external borders and from the implementation of common policies on asylum and immigration, as developed in accordance with Title IV of Part 3 of the Treaty.

| (28) | The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, established in accordance with Council Regulation (EC) No 2007/2004 (13) (hereinafter referred to as ‘the Agency’), has as one of its tasks to provide the necessary assistance for organising joint return operations by Member States and identify best practices on the acquisition of travel documents and the removal of third-country nationals illegally present in the territories of the Member States. Accordingly, the Agency should ensure that the conditions for an effective coordinated return effort between Member States are met, whilst leaving the implementation and organisation of the joint return operations to the competent national services. Therefore, the Agency should be able to use resources made available by Community actions in this Decision. |
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(28)

The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, established in accordance with Council Regulation (EC) No 2007/2004 (13) (hereinafter referred to as ‘the Agency’), has as one of its tasks to provide the necessary assistance for organising joint return operations by Member States and identify best practices on the acquisition of travel documents and the removal of third-country nationals illegally present in the territories of the Member States. Accordingly, the Agency should ensure that the conditions for an effective coordinated return effort between Member States are met, whilst leaving the implementation and organisation of the joint return operations to the competent national services. Therefore, the Agency should be able to use resources made available by Community actions in this Decision.

| (29) | The support provided by the Fund would be more efficient and better targeted if co-financing of eligible actions were based on strategic multiannual programming, drawn up by each Member State in dialogue with the Commission. |
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(29)

The support provided by the Fund would be more efficient and better targeted if co-financing of eligible actions were based on strategic multiannual programming, drawn up by each Member State in dialogue with the Commission.

| (30) | On the basis of strategic guidelines adopted by the Commission, each Member State should prepare a multiannual programming document taking into account its specific situation and needs and setting out its development strategy that should constitute the framework for the implementation of the actions to be listed in the annual programmes. |
| --- | --- |

(30)

On the basis of strategic guidelines adopted by the Commission, each Member State should prepare a multiannual programming document taking into account its specific situation and needs and setting out its development strategy that should constitute the framework for the implementation of the actions to be listed in the annual programmes.

| (31) | In the context of shared management as referred to in Article 53(1)(b) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (14) (hereinafter referred to as ‘the Financial Regulation’), the conditions allowing the Commission to exercise its responsibilities for implementation of the general budget of the European Union should be specified and the obligations for the cooperation of the Member States clarified. Applying those conditions would enable the Commission to satisfy itself that Member States are using the Fund in a lawful and correct manner and in accordance with the principle of sound financial management within the meaning of Articles 27 and 48(2) of the Financial Regulation. |
| --- | --- |

(31)

In the context of shared management as referred to in Article 53(1)(b) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (14) (hereinafter referred to as ‘the Financial Regulation’), the conditions allowing the Commission to exercise its responsibilities for implementation of the general budget of the European Union should be specified and the obligations for the cooperation of the Member States clarified. Applying those conditions would enable the Commission to satisfy itself that Member States are using the Fund in a lawful and correct manner and in accordance with the principle of sound financial management within the meaning of Articles 27 and 48(2) of the Financial Regulation.

| (32) | The Commission should establish the indicative breakdown of available commitment appropriations using an objective and transparent method. |
| --- | --- |

(32)

The Commission should establish the indicative breakdown of available commitment appropriations using an objective and transparent method.

| (33) | Member States should adopt adequate measures to guarantee the proper functioning of the management and control system and the quality of implementation. To this end, it is necessary to establish general principles and necessary functions which all programmes should fulfil. |
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(33)

Member States should adopt adequate measures to guarantee the proper functioning of the management and control system and the quality of implementation. To this end, it is necessary to establish general principles and necessary functions which all programmes should fulfil.

| (34) | In accordance with the principles of subsidiarity and proportionality, Member States should have the primary responsibility for the implementation and control of the interventions of the Fund. |
| --- | --- |

(34)

In accordance with the principles of subsidiarity and proportionality, Member States should have the primary responsibility for the implementation and control of the interventions of the Fund.

| (35) | The obligations on the Member States as regards management and control systems, the certification of expenditure, and the prevention, detection and correction of irregularities and infringements of Community law should be specified in order to guarantee the efficient and correct implementation of their multiannual and annual programmes. In particular, as far as management and control are concerned, it is necessary to establish the arrangements by which Member States ensure that the relevant systems are in place and function satisfactorily. |
| --- | --- |

(35)

The obligations on the Member States as regards management and control systems, the certification of expenditure, and the prevention, detection and correction of irregularities and infringements of Community law should be specified in order to guarantee the efficient and correct implementation of their multiannual and annual programmes. In particular, as far as management and control are concerned, it is necessary to establish the arrangements by which Member States ensure that the relevant systems are in place and function satisfactorily.

| (36) | Without prejudice to the Commission's powers as regards financial control, cooperation between the Member States and the Commission in this field should be encouraged. |
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(36)

Without prejudice to the Commission's powers as regards financial control, cooperation between the Member States and the Commission in this field should be encouraged.

| (37) | The effectiveness and impact of actions supported by the Fund also depend on their evaluation and the dissemination of their results. The responsibilities of the Member States and the Commission in this regard, and arrangements to ensure the reliability of evaluation and the quality of the related information, should be formalised. |
| --- | --- |

(37)

The effectiveness and impact of actions supported by the Fund also depend on their evaluation and the dissemination of their results. The responsibilities of the Member States and the Commission in this regard, and arrangements to ensure the reliability of evaluation and the quality of the related information, should be formalised.

| (38) | Actions should be evaluated with a view to a mid-term review and impact assessment, and the evaluation process should be incorporated into project monitoring arrangements. |
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(38)

Actions should be evaluated with a view to a mid-term review and impact assessment, and the evaluation process should be incorporated into project monitoring arrangements.

| (39) | Bearing in mind the importance of visibility of Community funding, the Commission should provide guidance facilitating the proper acknowledgement of the support received by any authority, non-governmental organisation, international organisation or other entity receiving a grant under this Fund, taking into account the practice with respect to other instruments under shared management, such as the Structural Funds. (Old recital 38) |
| --- | --- |

(39)

Bearing in mind the importance of visibility of Community funding, the Commission should provide guidance facilitating the proper acknowledgement of the support received by any authority, non-governmental organisation, international organisation or other entity receiving a grant under this Fund, taking into account the practice with respect to other instruments under shared management, such as the Structural Funds. (Old recital 38)

| (40) | This Decision establishes a financial envelope for the entire duration of the programme, which constitutes the prime reference for the budgetary authority during the annual budgetary procedure, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (15). |
| --- | --- |

(40)

This Decision establishes a financial envelope for the entire duration of the programme, which constitutes the prime reference for the budgetary authority during the annual budgetary procedure, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (15).

| (41) | Since the objective of this Decision, namely to promote the return of illegally staying third-country nationals within the framework of common standards and the principle of integrated return management, cannot be sufficiently achieved by the Member States and can therefore by reason of the scale and effects of the action be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve this objective. |
| --- | --- |

(41)

Since the objective of this Decision, namely to promote the return of illegally staying third-country nationals within the framework of common standards and the principle of integrated return management, cannot be sufficiently achieved by the Member States and can therefore by reason of the scale and effects of the action be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve this objective.

| (42) | The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (16). |
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(42)

The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (16).

| (43) | Since the measure of this Decision relating to the adoption of strategic guidelines is of general scope and is designed to amend non-essential elements of this Decision, inter alia by deleting some of those elements or by supplementing this Decision by the addition of new non-essential elements, it should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. On grounds of efficiency, the normal time-limits for the regulatory procedure with scrutiny should be curtailed for the adoption of the strategic guidelines. |
| --- | --- |

(43)

Since the measure of this Decision relating to the adoption of strategic guidelines is of general scope and is designed to amend non-essential elements of this Decision, inter alia by deleting some of those elements or by supplementing this Decision by the addition of new non-essential elements, it should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. On grounds of efficiency, the normal time-limits for the regulatory procedure with scrutiny should be curtailed for the adoption of the strategic guidelines.

| (44) | In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision and is not bound by it or subject to its application. |
| --- | --- |

(44)

In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision and is not bound by it or subject to its application.

| (45) | In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Ireland has notified, by letter of 6 September 2005, its wish to take part in the adoption and application of this Decision. |
| --- | --- |

(45)

In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Ireland has notified, by letter of 6 September 2005, its wish to take part in the adoption and application of this Decision.

| (46) | In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom has notified, by letter of 27 October 2005, its wish to take part in the adoption and application of this Decision. |
| --- | --- |

(46)

In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom has notified, by letter of 27 October 2005, its wish to take part in the adoption and application of this Decision.

| (47) | In accordance with the second indent of paragraph 2 of Article 67 of the Treaty, Council Decision 2004/927/EC of 22 December 2004 providing for certain areas covered by Title IV of Part Three of the Treaty establishing the European Community to be governed by the procedure laid down in Article 251 of that Treaty (17) rendered the procedure referred to in Article 251 of the Treaty applicable in the areas covered by Article 62(1), (2)(a) and (3) and Articles 63(2)(b) and (3)(b) of the Treaty, |
| --- | --- |

(47)

In accordance with the second indent of paragraph 2 of Article 67 of the Treaty, Council Decision 2004/927/EC of 22 December 2004 providing for certain areas covered by Title IV of Part Three of the Treaty establishing the European Community to be governed by the procedure laid down in Article 251 of that Treaty (17) rendered the procedure referred to in Article 251 of the Treaty applicable in the areas covered by Article 62(1), (2)(a) and (3) and Articles 63(2)(b) and (3)(b) of the Treaty,

HAVE ADOPTED THIS DECISION:

CHAPTER I

SUBJECT MATTER, OBJECTIVES AND ACTIONS

Article 1

Subject matter and scope

This Decision establishes for the period from 1 January 2008 to 31 December 2013 the European Return Fund (hereinafter referred to as ‘the Fund’) as part of a coherent framework, which also includes Decision No .../2007/EC (**), Decision No .../2007/EC (***) and Decision No .../2007/EC (****), in order to contribute to the strengthening of the area of freedom, security and justice and the application of the principle of solidarity between the Member States.

This Decision defines the objectives to which the Fund contributes, its implementation, the available financial resources and the distribution criteria for the allocation of the available financial resources.

It establishes the Fund's management rules, including financial rules, as well as monitoring and control mechanisms, based on the sharing of responsibilities between the Commission and the Member States.

Article 2

General objective of the Fund

1.   The general objective of the Fund shall be to support the efforts made by the Member States to improve the management of return in all its dimensions through the use of the concept of integrated management and by providing for joint actions to be implemented by Member States or national actions that pursue Community objectives under the principle of solidarity, taking account of Community legislation in this field and in full compliance with fundamental rights.

2.   The Fund shall contribute to the financing of technical assistance on the initiative of the Member States or the Commission.

Article 3

Specific objectives

1.   The Fund shall contribute to achieving the following specific objectives:

| (a) | the introduction and improvement of the organisation and implementation of integrated return management by Member States; |
| --- | --- |

(a)

the introduction and improvement of the organisation and implementation of integrated return management by Member States;

| (b) | the enhancement of the cooperation between Member States within the framework of integrated return management and its implementation; |
| --- | --- |

(b)

the enhancement of the cooperation between Member States within the framework of integrated return management and its implementation;

| (c) | the promotion of an effective and uniform application of common standards on return in line with policy developments in this field. |
| --- | --- |

(c)

the promotion of an effective and uniform application of common standards on return in line with policy developments in this field.

2.   Integrated return management shall include, in particular, the development and implementation, by the competent authorities of the Member States, of integrated return plans which:

| (a) | are based on a comprehensive assessment of the situation in the Member State with respect to the targeted population or a targeted specific issue concerning return and the challenges with respect to the operations envisaged (such as those related to obtaining travel documents and other practical obstacles to return), taking into account, where appropriate, the relevant caseload. The comprehensive assessment shall be drawn up in cooperation with all relevant authorities and partners; |
| --- | --- |

(a)

are based on a comprehensive assessment of the situation in the Member State with respect to the targeted population or a targeted specific issue concerning return and the challenges with respect to the operations envisaged (such as those related to obtaining travel documents and other practical obstacles to return), taking into account, where appropriate, the relevant caseload. The comprehensive assessment shall be drawn up in cooperation with all relevant authorities and partners;

| (b) | aim to achieve a wide set of measures encouraging voluntary return schemes of third-country nationals, in particular for those who do not or no longer fulfil the conditions for entry and stay on its territories and, where necessary, implementing enforced return operations with respect to such persons, in full compliance with humanitarian principles and respect for their dignity; |
| --- | --- |

(b)

aim to achieve a wide set of measures encouraging voluntary return schemes of third-country nationals, in particular for those who do not or no longer fulfil the conditions for entry and stay on its territories and, where necessary, implementing enforced return operations with respect to such persons, in full compliance with humanitarian principles and respect for their dignity;

| (c) | include a plan and/or time table and, where appropriate, provide for a periodic evaluation mechanism allowing for adjustment of the plan and assessment of the impact of the plan in practice; and |
| --- | --- |

(c)

include a plan and/or time table and, where appropriate, provide for a periodic evaluation mechanism allowing for adjustment of the plan and assessment of the impact of the plan in practice; and

| (d) | include, where Member States consider it appropriate, measures to facilitate cooperation between the competent administrative, law enforcement and judicial bodies, where appropriate at different levels of government. |
| --- | --- |

(d)

include, where Member States consider it appropriate, measures to facilitate cooperation between the competent administrative, law enforcement and judicial bodies, where appropriate at different levels of government.

3.   Integrated Return Plans shall focus in particular on effective and sustainable returns through such actions as efficient information at pre-departure stage, travel arrangements, transit in the country of return for both voluntary and enforced return. As far as possible, incentives for voluntary returnees, such as return assistance, may be provided for in order to promote voluntary return.

Where Member States consider it appropriate, they may include the provision of reception and reintegration support.

Article 4

Eligible actions in the Member States

1.   Actions relating to the objective laid down in Article 3(1)(a), and in particular the following, shall be eligible for support from the Fund:

| (a) | the establishment or improvement of an effective, stable and lasting operational cooperation of Member States' authorities with consular authorities and immigration services of third countries, with a view to obtaining travel documents for the return of third-country nationals and ensuring speedy and successful removals; |
| --- | --- |

(a)

the establishment or improvement of an effective, stable and lasting operational cooperation of Member States' authorities with consular authorities and immigration services of third countries, with a view to obtaining travel documents for the return of third-country nationals and ensuring speedy and successful removals;

| (b) | the promotion of ways and means to provide information on return as early as possible in asylum and immigration procedures and to encourage individually third-country nationals to make use of the possibility of voluntary return; |
| --- | --- |

(b)

the promotion of ways and means to provide information on return as early as possible in asylum and immigration procedures and to encourage individually third-country nationals to make use of the possibility of voluntary return;

| (c) | the facilitation of voluntary returns of third-country nationals, in particular through assisted voluntary return programmes, with a view to ensuring the effectiveness and sustainability of returns; |
| --- | --- |

(c)

the facilitation of voluntary returns of third-country nationals, in particular through assisted voluntary return programmes, with a view to ensuring the effectiveness and sustainability of returns;

| (d) | developing modes of cooperation between different levels of national, regional, local, urban and other public authorities enabling officials to swiftly gain information on return experiences and practices elsewhere and, when possible, to pool resources; |
| --- | --- |

(d)

developing modes of cooperation between different levels of national, regional, local, urban and other public authorities enabling officials to swiftly gain information on return experiences and practices elsewhere and, when possible, to pool resources;

| (e) | the simplification and implementation of enforced returns of third-country nationals who do not or no longer fulfil the conditions for entry and stay, with a view to enhancing the credibility and integrity of immigration policies and reducing the period of custody of persons waiting for forced removal. |
| --- | --- |

(e)

the simplification and implementation of enforced returns of third-country nationals who do not or no longer fulfil the conditions for entry and stay, with a view to enhancing the credibility and integrity of immigration policies and reducing the period of custody of persons waiting for forced removal.

2.   Actions relating to the objective laid down in Article 3(1)(b), and in particular the following, shall be eligible for support from the Fund:

| (a) | cooperation in the gathering and provision to potential returnees of information on the country of origin, former residence or transit; |
| --- | --- |

(a)

cooperation in the gathering and provision to potential returnees of information on the country of origin, former residence or transit;

| (b) | cooperation in developing effective, stable and lasting operational working relationships between Member States' authorities and consular authorities and immigration services of third countries, to facilitate consular assistance in obtaining travel documents for the return of third-country nationals and ensuring speedy and successful removals; |
| --- | --- |

(b)

cooperation in developing effective, stable and lasting operational working relationships between Member States' authorities and consular authorities and immigration services of third countries, to facilitate consular assistance in obtaining travel documents for the return of third-country nationals and ensuring speedy and successful removals;

| (c) | design of joint integrated return plans and their implementation, including joint voluntary return programmes on specific countries or regions of origin, former residence or transit; |
| --- | --- |

(c)

design of joint integrated return plans and their implementation, including joint voluntary return programmes on specific countries or regions of origin, former residence or transit;

| (d) | studies on the current situation and possibilities for enhancing administrative cooperation among Member States in the field of return as well as on the role of international and non-governmental organisations to be played in this context; |
| --- | --- |

(d)

studies on the current situation and possibilities for enhancing administrative cooperation among Member States in the field of return as well as on the role of international and non-governmental organisations to be played in this context;

| (e) | exchange of information and best practices, support and advice in dealing with the return of particularly vulnerable groups; |
| --- | --- |

(e)

exchange of information and best practices, support and advice in dealing with the return of particularly vulnerable groups;

| (f) | organisation of seminars for practitioners on best practices, focusing on specific third countries and/or regions; |
| --- | --- |

(f)

organisation of seminars for practitioners on best practices, focusing on specific third countries and/or regions;

| (g) | joint measures enabling the reception of readmitted persons in countries of origin, former residence or transit; |
| --- | --- |

(g)

joint measures enabling the reception of readmitted persons in countries of origin, former residence or transit;

| (h) | joint development of actions to ensure sustainable return of persons to the country of origin or former residence. |
| --- | --- |

(h)

joint development of actions to ensure sustainable return of persons to the country of origin or former residence.

3.   Actions relating to the objective laid down in Article 3(1)(c), and in particular the following, shall be eligible for support from the Fund:

| (a) | enhancement of the capacity of competent authorities to take high quality return decisions as quickly as possible; |
| --- | --- |

(a)

enhancement of the capacity of competent authorities to take high quality return decisions as quickly as possible;

| (b) | enhancement of the capacity of competent administrative authorities to implement or enforce speedily removal decisions with full respect for human dignity and the relevant European security standards regarding such operations; |
| --- | --- |

(b)

enhancement of the capacity of competent administrative authorities to implement or enforce speedily removal decisions with full respect for human dignity and the relevant European security standards regarding such operations;

| (c) | enhancement of the capacity of judicial bodies to more quickly assess return decisions appealed; |
| --- | --- |

(c)

enhancement of the capacity of judicial bodies to more quickly assess return decisions appealed;

| (d) | organisation of seminars and joint training for the staff of the competent national, regional, local, urban and other competent administrative, law enforcement and judicial bodies concerning legal and practical aspects of return operations; |
| --- | --- |

(d)

organisation of seminars and joint training for the staff of the competent national, regional, local, urban and other competent administrative, law enforcement and judicial bodies concerning legal and practical aspects of return operations;

| (e) | enhancement of the capacity of competent administrative authorities to effectively implement common arrangements on mutual recognition and joint return operations, including the recommendations, operational standards and best practices defined by the Agency in the area of return. |
| --- | --- |

(e)

enhancement of the capacity of competent administrative authorities to effectively implement common arrangements on mutual recognition and joint return operations, including the recommendations, operational standards and best practices defined by the Agency in the area of return.

4.   Actions provided for by paragraphs 1, 2 and 3 shall, in particular, promote the implementation of the provisions of the relevant Community legislation in the field of the common European immigration and return policy.

Article 5

Eligible measures in the Member States

Actions supported may include the following measures:

| (1) | in all cases of return, information to third-country nationals on return in general, counselling to individuals on the possibilities for voluntary return, translation costs, procurement of indispensable travel documents, costs of necessary pre-return medical checks, costs of travel and food for returnees and escorts, including medical staff and interpreters, accommodation for escorts including medical staff and interpreters, costs of transport in the Member State and up to the country of return and cooperation with the authorities of the country of origin, former residence or transit; |
| --- | --- |

(1)

in all cases of return, information to third-country nationals on return in general, counselling to individuals on the possibilities for voluntary return, translation costs, procurement of indispensable travel documents, costs of necessary pre-return medical checks, costs of travel and food for returnees and escorts, including medical staff and interpreters, accommodation for escorts including medical staff and interpreters, costs of transport in the Member State and up to the country of return and cooperation with the authorities of the country of origin, former residence or transit;

| (2) | in all cases of return, specific assistance for vulnerable persons such as children, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence; |
| --- | --- |

(2)

in all cases of return, specific assistance for vulnerable persons such as children, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence;

| (3) | additionally, in the case of forced return of third-country nationals who do not or no longer fulfil the conditions for entry and stay, costs for travel, food and temporary accommodation of returnees and their escorts from the participating Member State in the organising Member State prior the departure in case of joint return operations; |
| --- | --- |

(3)

additionally, in the case of forced return of third-country nationals who do not or no longer fulfil the conditions for entry and stay, costs for travel, food and temporary accommodation of returnees and their escorts from the participating Member State in the organising Member State prior the departure in case of joint return operations;

| (4) | additionally, in the case of voluntary return of third-country nationals who do not or no longer fulfil the conditions for entry and stay, assistance to returnees in preparing the return, as well as essential expenses before return; |
| --- | --- |

(4)

additionally, in the case of voluntary return of third-country nationals who do not or no longer fulfil the conditions for entry and stay, assistance to returnees in preparing the return, as well as essential expenses before return;

| (5) | additionally, in the case of voluntary return of third-country nationals who are not under an obligation to leave the territory of the Member States and in other cases, where considered appropriate by Member States, limited financial contribution for initial expenses after return, transport of the returnee's personal belongings, adequate temporary accommodation for the first days after arrival in the country of return in a reception centre or a hotel if necessary, training and employment assistance and limited start-up support for economic activities where appropriate; |
| --- | --- |

(5)

additionally, in the case of voluntary return of third-country nationals who are not under an obligation to leave the territory of the Member States and in other cases, where considered appropriate by Member States, limited financial contribution for initial expenses after return, transport of the returnee's personal belongings, adequate temporary accommodation for the first days after arrival in the country of return in a reception centre or a hotel if necessary, training and employment assistance and limited start-up support for economic activities where appropriate;

| (6) | education and training of staff of the competent administrative, law enforcement and judicial bodies, secondments of these categories of staff from other Member States, in order to ensure an effective and uniform application of common standards on return and the respect of obligations under international instruments affecting the treatment of returnees, and enhance cooperation, as well as missions to assess the results of return policies in third countries; |
| --- | --- |

(6)

education and training of staff of the competent administrative, law enforcement and judicial bodies, secondments of these categories of staff from other Member States, in order to ensure an effective and uniform application of common standards on return and the respect of obligations under international instruments affecting the treatment of returnees, and enhance cooperation, as well as missions to assess the results of return policies in third countries;

| (7) | in the case of operational cooperation with consular authorities and immigration services of third countries with a view to obtaining travel documents and ensuring speedy removal procedures, cost of travel and accommodation in the Member States for the staff of the authorities and services responsible for the identification of third-country nationals and the verification of their travel documents; |
| --- | --- |

(7)

in the case of operational cooperation with consular authorities and immigration services of third countries with a view to obtaining travel documents and ensuring speedy removal procedures, cost of travel and accommodation in the Member States for the staff of the authorities and services responsible for the identification of third-country nationals and the verification of their travel documents;

| (8) | in the case of reintegration measures for third-country nationals who are not under an obligation to leave the territory of a Member State, cash incentives and other short term measures necessary to launch the progress of reintegration for the returnee's personal development such as training, placement and employment assistance, start-up support for economic activities and post-return assistance and counselling; |
| --- | --- |

(8)

in the case of reintegration measures for third-country nationals who are not under an obligation to leave the territory of a Member State, cash incentives and other short term measures necessary to launch the progress of reintegration for the returnee's personal development such as training, placement and employment assistance, start-up support for economic activities and post-return assistance and counselling;

| (9) | in the case of reintegration measures for third-country nationals who do not or no longer fulfil the conditions for entry and stay, where Member States consider it appropriate, cash incentives and other short term measures necessary to launch the progress of reintegration for the returnee's personal development such as training, placement and employment assistance, start-up support for economic activities and post-return assistance and counselling, as well as measures enabling Member States to offer appropriate arrangements for welcoming returnees in third countries upon their arrival. |
| --- | --- |

(9)

in the case of reintegration measures for third-country nationals who do not or no longer fulfil the conditions for entry and stay, where Member States consider it appropriate, cash incentives and other short term measures necessary to launch the progress of reintegration for the returnee's personal development such as training, placement and employment assistance, start-up support for economic activities and post-return assistance and counselling, as well as measures enabling Member States to offer appropriate arrangements for welcoming returnees in third countries upon their arrival.

Article 6

Community actions

1.   At the Commission's initiative, up to 7 % of the Fund's available resources may be used to finance transnational actions or actions of interest to the Community as a whole (hereinafter referred to as ‘Community actions’) concerning return policy and measures applicable to the target groups as referred to in Article 7.

2.   To be eligible for funding, Community actions shall, in particular:

| (a) | further Community cooperation in implementing Community law and good practices; |
| --- | --- |

(a)

further Community cooperation in implementing Community law and good practices;

| (b) | support the setting-up of transnational cooperation networks and pilot projects based on transnational partnerships between bodies located in two or more Member States designed to stimulate innovation, facilitate the exchange of experience and good practice and improve the quality of return policy; |
| --- | --- |

(b)

support the setting-up of transnational cooperation networks and pilot projects based on transnational partnerships between bodies located in two or more Member States designed to stimulate innovation, facilitate the exchange of experience and good practice and improve the quality of return policy;

| (c) | support transnational awareness-raising campaigns; |
| --- | --- |

(c)

support transnational awareness-raising campaigns;

| (d) | support studies, dissemination and exchange of information on best practices and all other aspects of return policies, including on the use of state-of-the-art technology, in particular to encourage more comparative research relating to the impact of past and present return programmes; |
| --- | --- |

(d)

support studies, dissemination and exchange of information on best practices and all other aspects of return policies, including on the use of state-of-the-art technology, in particular to encourage more comparative research relating to the impact of past and present return programmes;

| (e) | support pilot projects and studies exploring the possibility of new forms of Community cooperation and Community law in this area; |
| --- | --- |

(e)

support pilot projects and studies exploring the possibility of new forms of Community cooperation and Community law in this area;

| (f) | support the development and application by Member States of common statistical tools, methods and indicators for measuring policy developments in the field of return, in particular with a view to the dissemination of statistics disaggregated according to voluntary and forced returns; |
| --- | --- |

(f)

support the development and application by Member States of common statistical tools, methods and indicators for measuring policy developments in the field of return, in particular with a view to the dissemination of statistics disaggregated according to voluntary and forced returns;

| (g) | support the development and regular updating, in cooperation with the Agency, of a common handbook on best practices in the field of return, including on escorts; |
| --- | --- |

(g)

support the development and regular updating, in cooperation with the Agency, of a common handbook on best practices in the field of return, including on escorts;

| (h) | provide Member States with support services in case of duly substantiated emergency situations requiring urgent action. |
| --- | --- |

(h)

provide Member States with support services in case of duly substantiated emergency situations requiring urgent action.

3.   The annual work programme laying down the priorities for Community actions shall be adopted in accordance with the procedure referred to in Article 52(2).

Article 7

Target groups

1.   For the purposes of this Decision the target groups shall comprise:

| (a) | all third-country nationals who have not yet received a final negative decision in relation to their request for international protection in a Member State and who may choose to make use of voluntary return, provided they have not acquired a new nationality and have not left the territory of that Member State; |
| --- | --- |

(a)

all third-country nationals who have not yet received a final negative decision in relation to their request for international protection in a Member State and who may choose to make use of voluntary return, provided they have not acquired a new nationality and have not left the territory of that Member State;

| (b) | all third-country nationals enjoying a form of international protection within the meaning of Directive 2004/83/EC, or temporary protection within the meaning of Directive 2001/55/EC in a Member State, and who choose to make use of voluntary return, provided they have not acquired a new nationality and have not left the territory of that Member State; |
| --- | --- |

(b)

all third-country nationals enjoying a form of international protection within the meaning of Directive 2004/83/EC, or temporary protection within the meaning of Directive 2001/55/EC in a Member State, and who choose to make use of voluntary return, provided they have not acquired a new nationality and have not left the territory of that Member State;

| (c) | all third-country nationals who do not or no longer fulfil the conditions for entry and/or stay in a Member State and who, in accordance with the obligation to leave the territory of that Member State, make use of voluntary return; |
| --- | --- |

(c)

all third-country nationals who do not or no longer fulfil the conditions for entry and/or stay in a Member State and who, in accordance with the obligation to leave the territory of that Member State, make use of voluntary return;

| (d) | all other third-county nationals who do not or no longer fulfil the conditions for entry and/or stay in a Member State. |
| --- | --- |

(d)

all other third-county nationals who do not or no longer fulfil the conditions for entry and/or stay in a Member State.

2.   Third-country national means any person who is not a citizen of the Union within the meaning of Article 17(1) of the Treaty.

CHAPTER II

PRINCIPLES OF ASSISTANCE

Article 8

Complementarity, consistency and compliance

1.   The Fund shall provide assistance which complements national, regional and local actions, integrating into them the priorities of the Community.

2.   The Commission and the Member States shall ensure that assistance from the Fund and the Member States is consistent with the activities, policies and priorities of the Community. This consistency shall be indicated in particular in the multiannual programme referred to in Article 19.

3.   Operations financed by the Fund shall comply with the provisions of the Treaty and of acts adopted thereunder.

Article 9

Programming

1.   The objectives of the Fund shall be pursued within the framework of the multiannual programming period from 2008 to 2013, subject to a mid-term review in accordance with Article 22. The multiannual programming system shall include the priorities and a process for management, decision making, auditing and certification.

2.   The multiannual programmes approved by the Commission shall be implemented by means of annual programmes.

Article 10

Subsidiary and proportional intervention

1.   Implementation of multiannual and annual programmes referred to in Articles 19 and 21 shall be the responsibility of Member States at the appropriate territorial level, in accordance with the institutional system specific to each Member State. This responsibility shall be exercised in accordance with this Decision.

2.   In relation to audit provisions, the means employed by the Commission and the Member States shall vary according to the size of the Community contribution. The same principle shall apply to provisions on evaluation and to the reports on multiannual and annual programmes.

Article 11

Implementation methods

1.   The Community budget allocated to the Fund shall be implemented in accordance with Article 53(1)(b) of the Financial Regulation, with the exception of the Community actions referred to in Article 6 and the technical assistance referred to in Article 16 of this Decision.

2.   The Commission shall exercise its responsibility for implementing the general budget of the European Union by:

| (a) | checking the existence and proper functioning of management and control systems in the Member States in accordance with the procedures described in Article 32; |
| --- | --- |

(a)

checking the existence and proper functioning of management and control systems in the Member States in accordance with the procedures described in Article 32;

| (b) | withholding or suspending payments, in full or in part, in accordance with the procedures described in Articles 41 and 42, if the national management and control systems fail, and applying any other financial correction required, in accordance with the procedures described in Articles 45 and 46. |
| --- | --- |

(b)

withholding or suspending payments, in full or in part, in accordance with the procedures described in Articles 41 and 42, if the national management and control systems fail, and applying any other financial correction required, in accordance with the procedures described in Articles 45 and 46.

Article 12

Partnership

1.   Each Member State shall organise, in accordance with current national rules and practices, a partnership with the authorities and bodies which are involved in the implementation of the multiannual programme or which, according to the Member State concerned, are able to make a useful contribution to its development.

Such authorities and bodies may include the competent regional, local, urban and other public authorities, international organisations, in particular UNHCR, and bodies representing civil society, such as non-governmental organisations or social partners.

2.   Such partnership shall be conducted in full compliance with the respective institutional, legal and financial jurisdiction of each partner category.

CHAPTER III

FINANCIAL FRAMEWORK

Article 13

Global resources

1.   The financial envelope for the implementation of this Decision from 1 January 2008 to 31 December 2013 shall be 676 million euro.

2.   The annual appropriations for the Fund shall be authorised by the budgetary authority within the limits of the Financial Framework.

3.   The Commission shall make indicative annual breakdowns by Member States in accordance with the criteria established in Article 14.

Article 14

Annual distribution of resources for eligible actions in the Member States

1.   Each Member State shall receive a fixed amount of 300 000euro from the Fund's annual allocation.

This amount shall be raised to 500 000euro per annum for the period 2008 to 2013 for those Member States which acceded to the European Union on 1 May 2004.

This amount shall be raised to 500 000euro per annum for those Member States which accede to the European Union during the period from 2007 to 2013 for the remaining part of the period 2008 to 2013 following the year of their accession.

2.   The remainder of the available annual resources shall be broken down between the Member States as follows:

| (a) | 50 % in proportion to the total number of third-country nationals who do not or no longer fulfil the conditions for entry and stay in the territory of the Member State and who are subject to a return decision under national and/or Community law, i.e. an administrative or judicial decision or act, stating or declaring the illegality of stay and imposing an obligation to return, over the previous three years; |
| --- | --- |

(a)

50 % in proportion to the total number of third-country nationals who do not or no longer fulfil the conditions for entry and stay in the territory of the Member State and who are subject to a return decision under national and/or Community law, i.e. an administrative or judicial decision or act, stating or declaring the illegality of stay and imposing an obligation to return, over the previous three years;

| (b) | 50 % in proportion to the number of third-country nationals who have actually left the territory of the Member State following an administrative or judicial order to leave, whether undertaken voluntarily or under coercion over the previous three years. |
| --- | --- |

(b)

50 % in proportion to the number of third-country nationals who have actually left the territory of the Member State following an administrative or judicial order to leave, whether undertaken voluntarily or under coercion over the previous three years.

3.   The third-country nationals referred to in paragraph 2 shall not include:

| (a) | third-country nationals who, being present in a transit zone of a Member State, were refused entry; |
| --- | --- |

(a)

third-country nationals who, being present in a transit zone of a Member State, were refused entry;

| (b) | third-country nationals who are to be returned by a Member State to another Member State, in particular pursuant to Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third country national (18). |
| --- | --- |

(b)

third-country nationals who are to be returned by a Member State to another Member State, in particular pursuant to Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third country national (18).

4.   The reference figures shall be the latest statistics produced by the Commission (Eurostat) on the basis of data provided by Member States in accordance with Community law.

Where Member States have not supplied the Commission (Eurostat) with the statistics concerned, they shall provide provisional data as soon as possible.

Before accepting these data as reference figures, the Commission (Eurostat) shall evaluate the quality, comparability and completeness of the statistical information in accordance with normal operational procedures. At the request of the Commission (Eurostat), Member States shall provide it with all the necessary information to do so.

Article 15

Financing structure

1.   Financial contributions under the Fund shall take the form of grants.

2.   Actions supported by the Fund shall be co-financed by public or private sources, shall be of a non-profit nature and shall not be eligible for funding from other sources covered by the general budget of the European Union.

3.   Fund appropriations shall be complementary to public or equivalent expenditure allocated by Member States to the measures covered by this Decision.

4.   The Community contribution to supported projects, as regards actions implemented in the Member States under Article 3 shall not exceed 50 % of the total cost of a specific action.

This may be increased to 75 % for projects addressing specific priorities identified in the strategic guidelines as referred to in Article 18.

The Community contribution shall be increased to 75 % in the Member States covered by the Cohesion Fund.

5.   Within the framework of the implementation of national programming as set out in Chapter IV, Member States shall select projects for financing on the basis of the following minimum criteria:

| (a) | the situation and requirements in the Member State concerned; |
| --- | --- |

(a)

the situation and requirements in the Member State concerned;

| (b) | the cost-effectiveness of the expenditure, inter alia in view of the number of persons concerned by the project; |
| --- | --- |

(b)

the cost-effectiveness of the expenditure, inter alia in view of the number of persons concerned by the project;

| (c) | the experience, expertise, reliability and financial contribution of the organisation applying for funding and any partner organisation; |
| --- | --- |

(c)

the experience, expertise, reliability and financial contribution of the organisation applying for funding and any partner organisation;

| (d) | the extent to which the project complements other actions funded by the general budget of the European Union or as part of national programmes. |
| --- | --- |

(d)

the extent to which the project complements other actions funded by the general budget of the European Union or as part of national programmes.

6.   As a general rule, Community financial aid for actions supported by the Fund shall be granted for a period of no more than three years, subject to periodic progress reports.

Article 16

Technical assistance at the initiative of the Commission

1.   At the initiative of and/or on behalf of the Commission, subject to a ceiling of 500 000euro of the Fund's annual allocation, the Fund may finance preparatory measures, monitoring, administrative and technical support measures, as well as evaluation, audit and inspection measures necessary for implementing this Decision.

2.   Those measures shall include:

| (a) | studies, evaluations, expert reports and statistics, including those of a general nature concerning the operation of the Fund; |
| --- | --- |

(a)

studies, evaluations, expert reports and statistics, including those of a general nature concerning the operation of the Fund;

| (b) | information measures for the Member States, the final beneficiaries and the general public, including awareness-raising campaigns and a common database of projects financed under the Fund; |
| --- | --- |

(b)

information measures for the Member States, the final beneficiaries and the general public, including awareness-raising campaigns and a common database of projects financed under the Fund;

| (c) | the installation, operation and interconnection of computerised systems for management, monitoring, inspection and evaluation; |
| --- | --- |

(c)

the installation, operation and interconnection of computerised systems for management, monitoring, inspection and evaluation;

| (d) | the design of a common framework for evaluation and monitoring as well as a systems of indicators, taking into account, where appropriate, national indicators; |
| --- | --- |

(d)

the design of a common framework for evaluation and monitoring as well as a systems of indicators, taking into account, where appropriate, national indicators;

| (e) | improvements in evaluation methods and the exchange of information on practices in this field; |
| --- | --- |

(e)

improvements in evaluation methods and the exchange of information on practices in this field;

| (f) | information and training measures for the authorities designated by Member States in accordance with Article 25, complementary to the efforts of the Member States to provide guidance to their authorities in accordance with Article 31(2). |
| --- | --- |

(f)

information and training measures for the authorities designated by Member States in accordance with Article 25, complementary to the efforts of the Member States to provide guidance to their authorities in accordance with Article 31(2).

Article 17

Technical assistance at the initiative of Member States

1.   At the initiative of a Member State, for each annual programme, the Fund may finance preparatory measures, management, monitoring, evaluation, information and control measures, as well as measures for the reinforcement of the administrative capacity for the implementation of the Fund.

2.   The amount set aside for technical assistance under each annual programme may not exceed:

| (a) | for the period 2008 to 2010, 7 % of the total annual amount of cofinancing allocated to that Member State plus 30 000euro; and |
| --- | --- |

(a)

for the period 2008 to 2010, 7 % of the total annual amount of cofinancing allocated to that Member State plus 30 000euro; and

| (b) | for the period 2011 to 2013, 4 % of the total annual amount of cofinancing allocated to that Member State plus 30 000euro. |
| --- | --- |

(b)

for the period 2011 to 2013, 4 % of the total annual amount of cofinancing allocated to that Member State plus 30 000euro.

CHAPTER IV

PROGRAMMING

Article 18

Adoption of strategic guidelines

1.   The Commission shall adopt strategic guidelines setting out a framework for the intervention of the Fund, taking into account progress in the development and implementation of Community legislation in the area of return and measures taken by the Community in the area of illegal immigration as well as the indicative distribution of the financial resources of the Fund for the period of the multiannual programme.

2.   For the objectives of the Fund referred to in Article 3(1)(a) and (b), those guidelines shall, in particular, give effect to the priorities of the Community with a view to promoting:

| (a) | the return of third-country nationals who are not in the possession of passports or other identity documents; |
| --- | --- |

(a)

the return of third-country nationals who are not in the possession of passports or other identity documents;

| (b) | the return of third-country nationals not covered under Community re-admission agreements or national bilateral re-admission agreements, with a view to strengthening the obligation of a State under international law to re-admit its own nationals; |
| --- | --- |

(b)

the return of third-country nationals not covered under Community re-admission agreements or national bilateral re-admission agreements, with a view to strengthening the obligation of a State under international law to re-admit its own nationals;

| (c) | the return to a particular country of third-country nationals and stateless persons who have come from or have resided in that country but not as nationals of that country; |
| --- | --- |

(c)

the return to a particular country of third-country nationals and stateless persons who have come from or have resided in that country but not as nationals of that country;

| (d) | the return of persons who are under no obligation to leave the territory of the Member States, such as applicants for asylum who have not yet received a negative decision and persons enjoying a form of international protection within the meaning of Directive 2004/83/EC or temporary protection within the meaning of Directive 2001/55/EC; |
| --- | --- |

(d)

the return of persons who are under no obligation to leave the territory of the Member States, such as applicants for asylum who have not yet received a negative decision and persons enjoying a form of international protection within the meaning of Directive 2004/83/EC or temporary protection within the meaning of Directive 2001/55/EC;

| (e) | the return of particularly vulnerable groups. |
| --- | --- |

(e)

the return of particularly vulnerable groups.

For the objective of the Fund referred to in Article 3(1)(c), those guidelines shall, in particular, give effect to the priorities of the Community to promote the knowledge of the common standards across the European Union and the integration of those standards into daily return management processes in the administrative authorities of the Member States.

3.   The Commission shall adopt the strategic guidelines relating to the multiannual programming period by 31 July 2007 at the latest.

4.   The strategic guidelines shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 52(3). These strategic guidelines, once adopted, shall be annexed to this Decision.

Article 19

Preparation and approval of national multiannual programmes

1.   Each Member State shall propose, on the basis of the strategic guidelines referred to in Article 18, a draft multiannual programme which shall consist of the following elements:

| (a) | a description of the current situation in the Member State as regards the principle of integrated return management, the cooperation with consular authorities and immigration services of third countries, the measures and policies relating to voluntary return and enforced return, with disaggregated data, insofar as they are available, between voluntary and forced returns, the approach towards reintegration measures and sustainability of return, capacity building of competent administrative and judicial authorities and the cooperation with other Member States in relation to the above; |
| --- | --- |

(a)

a description of the current situation in the Member State as regards the principle of integrated return management, the cooperation with consular authorities and immigration services of third countries, the measures and policies relating to voluntary return and enforced return, with disaggregated data, insofar as they are available, between voluntary and forced returns, the approach towards reintegration measures and sustainability of return, capacity building of competent administrative and judicial authorities and the cooperation with other Member States in relation to the above;

| (b) | an analysis of requirements in the Member State in question in terms of the cooperation with consular authorities and immigration services of third countries, the measures and policies relating to voluntary return and enforced return, the approach towards reintegration measures and sustainability of return, capacity building of competent administrative and judicial authorities and the cooperation with other Member States in relation to the above and an indication of the operational objectives designed to meet those requirements during the period covered by the multiannual programme; |
| --- | --- |

(b)

an analysis of requirements in the Member State in question in terms of the cooperation with consular authorities and immigration services of third countries, the measures and policies relating to voluntary return and enforced return, the approach towards reintegration measures and sustainability of return, capacity building of competent administrative and judicial authorities and the cooperation with other Member States in relation to the above and an indication of the operational objectives designed to meet those requirements during the period covered by the multiannual programme;

| (c) | the presentation of an appropriate strategy to achieve those objectives and the priorities attached to their attainment, and a description of the actions envisaged to implement those priorities; |
| --- | --- |

(c)

the presentation of an appropriate strategy to achieve those objectives and the priorities attached to their attainment, and a description of the actions envisaged to implement those priorities;

| (d) | an indication of whether that strategy is compatible with other regional, national and Community instruments; |
| --- | --- |

(d)

an indication of whether that strategy is compatible with other regional, national and Community instruments;

| (e) | information on the priorities and their specific targets. Those targets shall be quantified using a limited number of indicators for taking into account the proportionality principle. The indicators must make it possible to measure the progress in relation to the baseline situation and the effectiveness of the targets implementing the priorities; |
| --- | --- |

(e)

information on the priorities and their specific targets. Those targets shall be quantified using a limited number of indicators for taking into account the proportionality principle. The indicators must make it possible to measure the progress in relation to the baseline situation and the effectiveness of the targets implementing the priorities;

| (f) | a description of the approach chosen for the implementation of the partnership principle laid down in Article 12; |
| --- | --- |

(f)

a description of the approach chosen for the implementation of the partnership principle laid down in Article 12;

| (g) | a draft financing plan which sets out, for each priority and each annual programme, the Fund's proposed financial contribution and the overall amount of public or private cofinancing; |
| --- | --- |

(g)

a draft financing plan which sets out, for each priority and each annual programme, the Fund's proposed financial contribution and the overall amount of public or private cofinancing;

| (h) | the provisions laid down to ensure that the multiannual programme is made public. |
| --- | --- |

(h)

the provisions laid down to ensure that the multiannual programme is made public.

2.   Member States shall submit their draft multiannual programme to the Commission no later than four months after the Commission has provided the strategic guidelines.

3.   In order to approve the draft multiannual programme, the Commission shall examine:

| (a) | the draft multiannual programme's consistency with the objectives of the Fund and the strategic guidelines referred to in Article 18; |
| --- | --- |

(a)

the draft multiannual programme's consistency with the objectives of the Fund and the strategic guidelines referred to in Article 18;

| (b) | the relevance of the actions envisaged in the draft multiannual programme in the light of the strategy which is proposed; |
| --- | --- |

(b)

the relevance of the actions envisaged in the draft multiannual programme in the light of the strategy which is proposed;

| (c) | the compliance of the management and control arrangements set up by the Member State for the implementation of the Fund's interventions with the provisions of this Decision; |
| --- | --- |

(c)

the compliance of the management and control arrangements set up by the Member State for the implementation of the Fund's interventions with the provisions of this Decision;

| (d) | the draft multiannual programme's compliance with Community law and, in particular, with Community law aiming at ensuring the free movement of persons in conjunction with the directly related accompanying measures with respect to external border controls, asylum and immigration. |
| --- | --- |

(d)

the draft multiannual programme's compliance with Community law and, in particular, with Community law aiming at ensuring the free movement of persons in conjunction with the directly related accompanying measures with respect to external border controls, asylum and immigration.

4.   Where the Commission considers that a draft multiannual programme is inconsistent with the strategic guidelines and/or does not comply with the provisions of this Decision setting out management and control systems or with Community law, it shall invite the Member State concerned to provide all necessary additional information and, where appropriate, to revise the draft multiannual programme accordingly.

5.   The Commission shall approve each multiannual programme within three months of its formal submission, in accordance with the procedure referred to in Article 52(2).

Article 20

Revision of multiannual programmes

1.   At the initiative of the Member State in question or the Commission, the multiannual programme shall be re-examined and, if necessary, revised for the rest of the programming period in order to take greater or different account of Community priorities. Multiannual programmes may be re-examined in the light of evaluations and/or following implementation difficulties.

2.   The Commission shall adopt a decision approving the revision of the multiannual programme as soon as possible after the formal submission of a request to that effect by the Member State concerned. The revision of the multiannual programme shall be carried out in accordance with the procedure referred to in Article 52(2).

Article 21

Annual programmes

1.   The multiannual programme approved by the Commission shall be implemented by means of annual work programmes.

2.   The Commission shall provide the Member States, by 1 July of each year, with an estimate of the amounts to be allocated to them for the following year from the total appropriations allocated under the annual budgetary procedure, calculated as provided for by Article 14.

3.   Member States shall submit to the Commission by 1 November of each year, a draft annual programme for the following year, established in accordance with the multiannual programmeand consisting of the following elements:

| (a) | the general rules for selection of projects to be financed under the annual programme; |
| --- | --- |

(a)

the general rules for selection of projects to be financed under the annual programme;

| (b) | a description of the actions to be supported under the annual programme; |
| --- | --- |

(b)

a description of the actions to be supported under the annual programme;

| (c) | the proposed financial breakdown of the Fund's contribution between the programme's various actions; and an indication of the amount requested to cover technical assistance under Article 17 for the purpose of implementing the annual programme. |
| --- | --- |

(c)

the proposed financial breakdown of the Fund's contribution between the programme's various actions; and an indication of the amount requested to cover technical assistance under Article 17 for the purpose of implementing the annual programme.

4.   By way of derogation from paragraph 3, Member States shall submit the draft annual programmes for 2008 to the Commission by 1 March 2008.

5.   When examining the draft annual programme of a Member State, the Commission shall take account of the final amount of the appropriations allocated to the Fund under the budgetary procedure.

Within one month of the formal submission of the draft annual programme, the Commission shall inform the Member State concerned whether it can be approved. If the draft annual programme is inconsistent with the multiannual programme, the Commission shall invite that Member State to provide all necessary information and, where appropriate, to revise the draft annual programme accordingly.

The Commission shall adopt the financing decision approving the annual programme by 1 March of the year in question. The decision shall indicate the amount allocated to the Member State concerned and the period for which the expenditure is eligible.

6.   To take into account duly substantiated emergency situations which were not foreseen at the time of the approval of the annual programme and which require urgent action, a Member State may revise up to 10 % of the financial breakdown of the contribution from the Fund between the various actions listed in the annual programme or allocate up to 10 % of the breakdown to other actions in accordance with this Decision. The Member State concerned shall inform the Commission of the revised annual programme.

Article 22

Mid-term review of the multiannual programme

1.   The Commission shall review the strategic guidelines and, where necessary, adopt, by 31 March 2010, revised strategic guidelines for the period 2011 to 2013.

2.   If such revised strategic guidelines are adopted, each Member State shall re-examine its multiannual programme and, where appropriate, revise it.

3.   The rules laid down in Article 19 on the preparation and approval of national multiannual programmes shall apply mutatis mutandis to the preparation and approval of these revised multiannual programmes.

4.   The revised strategic guidelines shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 52(3).

CHAPTER V

MANAGEMENT AND CONTROL SYSTEMS

Article 23

Implementation

The Commission shall be responsible for implementing this Decision and shall adopt such implementing rules as may be necessary.

Article 24

General principles of management and control systems

The management and control systems of multiannual programmes set up by Member States shall provide for:

| (a) | the definition of the functions of the bodies concerned in management and control and the allocation of functions within each body; |
| --- | --- |

(a)

the definition of the functions of the bodies concerned in management and control and the allocation of functions within each body;

| (b) | respect for the principle of separation of functions between and within such bodies; |
| --- | --- |

(b)

respect for the principle of separation of functions between and within such bodies;

| (c) | adequate resources for each body to carry out the functions which have been allocated to it throughout the period of implementation of actions cofinanced by the Fund; |
| --- | --- |

(c)

adequate resources for each body to carry out the functions which have been allocated to it throughout the period of implementation of actions cofinanced by the Fund;

| (d) | procedures for ensuring the correctness and regularity of the expenditure declared under the annual programmes; |
| --- | --- |

(d)

procedures for ensuring the correctness and regularity of the expenditure declared under the annual programmes;

| (e) | reliable accounting, monitoring and financial reporting systems in computerised form; |
| --- | --- |

(e)

reliable accounting, monitoring and financial reporting systems in computerised form;

| (f) | a system of reporting and monitoring where the responsible body entrusts the performance of tasks to another body; |
| --- | --- |

(f)

a system of reporting and monitoring where the responsible body entrusts the performance of tasks to another body;

| (g) | manuals of procedures in relation to the functions to be performed; |
| --- | --- |

(g)

manuals of procedures in relation to the functions to be performed;

| (h) | arrangements for auditing the functioning of the system; |
| --- | --- |

(h)

arrangements for auditing the functioning of the system;

| (i) | systems and procedures to ensure an adequate audit trail; |
| --- | --- |

(i)

systems and procedures to ensure an adequate audit trail;

| (j) | procedures for reporting and monitoring irregularities and for the recovery of amounts unduly paid. |
| --- | --- |

(j)

procedures for reporting and monitoring irregularities and for the recovery of amounts unduly paid.

Article 25

Designation of authorities

1.   For the implementation of its multiannual programme and annual programmes the Member State shall designate the following:

| (a) | a responsible authority: a functional body of the Member State, national public authority or body designated by the Member State or a body which is governed by the private law of the Member State and has a public service mission, which shall be responsible for the management of the multiannual programme and annual programmes supported by the Fund and shall handle all communication with the Commission; |
| --- | --- |

(a)

a responsible authority: a functional body of the Member State, national public authority or body designated by the Member State or a body which is governed by the private law of the Member State and has a public service mission, which shall be responsible for the management of the multiannual programme and annual programmes supported by the Fund and shall handle all communication with the Commission;

| (b) | a certifying authority: a national public authority or body, or individual acting as such a body or authority, designated by the Member State to certify declarations of expenditure before they are sent to the Commission; |
| --- | --- |

(b)

a certifying authority: a national public authority or body, or individual acting as such a body or authority, designated by the Member State to certify declarations of expenditure before they are sent to the Commission;

| (c) | an audit authority: a national public authority or body, provided that it is functionally independent of the responsible authority and the certifying authority, designated by the Member State and responsible for verifying the effective functioning of the management and control system; |
| --- | --- |

(c)

an audit authority: a national public authority or body, provided that it is functionally independent of the responsible authority and the certifying authority, designated by the Member State and responsible for verifying the effective functioning of the management and control system;

| (d) | where appropriate, a delegated authority. |
| --- | --- |

(d)

where appropriate, a delegated authority.

2.   The Member State shall lay down rules governing its relations with the authorities referred to in paragraph 1 and their relations with the Commission.

3.   Subject to Article 24 (b), some or all of the authorities referred to in paragraph 1 of this Article may be located within the same body.

4.   The rules for implementing Articles 26 to 30 shall be adopted by the Commission in accordance with the procedure referred to in Article 52(2).

Article 26

Responsible authority

1.   The responsible authority shall meet the following minimum conditions. It shall:

| (a) | have legal personality, except where it is a functional body of the Member State; |
| --- | --- |

(a)

have legal personality, except where it is a functional body of the Member State;

| (b) | have the infrastructure required for easy communication with a wide range of users and with the responsible bodies in the other Member States and the Commission; |
| --- | --- |

(b)

have the infrastructure required for easy communication with a wide range of users and with the responsible bodies in the other Member States and the Commission;

| (c) | work in an administrative context allowing it to carry out its tasks correctly and avoiding any conflict of interest; |
| --- | --- |

(c)

work in an administrative context allowing it to carry out its tasks correctly and avoiding any conflict of interest;

| (d) | be in a position to apply Community fund management rules; |
| --- | --- |

(d)

be in a position to apply Community fund management rules;

| (e) | have financial and management capacities proportionate to the volume of Community funds which it will be called upon to manage; |
| --- | --- |

(e)

have financial and management capacities proportionate to the volume of Community funds which it will be called upon to manage;

| (f) | have at its disposal personnel with appropriate professional qualifications for administrative work in an international environment. |
| --- | --- |

(f)

have at its disposal personnel with appropriate professional qualifications for administrative work in an international environment.

2.   The Member State shall provide the responsible authority with adequate funding so that it can continue to carry out its tasks properly throughout the period 2008 to 2013.

3.   The Commission may assist the Member States in the training of staff, in particular as regards the correct application of Chapters V to IX.

Article 27

Tasks of the responsible authority

1.   The responsible authority shall be responsible for managing and implementing the multiannual programme in accordance with the principle of sound financial management.

It shall in particular:

| (a) | consult partners in accordance with Article 12; |
| --- | --- |

(a)

consult partners in accordance with Article 12;

| (b) | submit to the Commission proposals for multiannual and annual programmes to which Articles 19 and 21 refer; |
| --- | --- |

(b)

submit to the Commission proposals for multiannual and annual programmes to which Articles 19 and 21 refer;

| (c) | organise and advertise calls for tenders and proposals if appropriate; |
| --- | --- |

(c)

organise and advertise calls for tenders and proposals if appropriate;

| (d) | organise the selection of projects for cofinancing under the Fund in accordance with the criteria set out in Article 15(5); |
| --- | --- |

(d)

organise the selection of projects for cofinancing under the Fund in accordance with the criteria set out in Article 15(5);

| (e) | receive payments made by the Commission, and make payments to the final beneficiaries; |
| --- | --- |

(e)

receive payments made by the Commission, and make payments to the final beneficiaries;

| (f) | ensure consistency and complementarity between cofinancing under the Fund and from other relevant national and Community financial instruments; |
| --- | --- |

(f)

ensure consistency and complementarity between cofinancing under the Fund and from other relevant national and Community financial instruments;

| (g) | monitor the delivery of the co-financed products and services and check that the expenditure declared for actions has actually been incurred and complies with Community and national rules; |
| --- | --- |

(g)

monitor the delivery of the co-financed products and services and check that the expenditure declared for actions has actually been incurred and complies with Community and national rules;

| (h) | ensure that there is a system for recording and storing in computerised form accounting records of each action under the annual programmes and that the data on implementation necessary for financial management, monitoring, control and evaluation are collected; |
| --- | --- |

(h)

ensure that there is a system for recording and storing in computerised form accounting records of each action under the annual programmes and that the data on implementation necessary for financial management, monitoring, control and evaluation are collected;

| (i) | ensure that final beneficiaries and other bodies involved in the implementation of actions co-financed by the Fund maintain either a separate accounting system or an adequate accounting code for all transactions relating to the action without prejudice to national accounting rules; |
| --- | --- |

(i)

ensure that final beneficiaries and other bodies involved in the implementation of actions co-financed by the Fund maintain either a separate accounting system or an adequate accounting code for all transactions relating to the action without prejudice to national accounting rules;

| (j) | ensure that the evaluations of the Fund referred to in Article 49 are carried out within the time limits laid down Article 50(2) and meet the quality standards agreed between the Commission and the Member State; |
| --- | --- |

(j)

ensure that the evaluations of the Fund referred to in Article 49 are carried out within the time limits laid down Article 50(2) and meet the quality standards agreed between the Commission and the Member State;

| (k) | set up procedures to ensure that all documents regarding expenditure and audits required to ensure an adequate audit trail are held in accordance with the requirements referred to in Article 43; |
| --- | --- |

(k)

set up procedures to ensure that all documents regarding expenditure and audits required to ensure an adequate audit trail are held in accordance with the requirements referred to in Article 43;

| (l) | ensure that the audit authority receives for the purposes of carrying out the audits defined in Article 30(1) all necessary information on the management procedures applied and the projects co-financed by the Fund; |
| --- | --- |

(l)

ensure that the audit authority receives for the purposes of carrying out the audits defined in Article 30(1) all necessary information on the management procedures applied and the projects co-financed by the Fund;

| (m) | ensure that the certifying authority receives all necessary information on the procedures and verifications carried out in relation to expenditure for the purpose of certification; |
| --- | --- |

(m)

ensure that the certifying authority receives all necessary information on the procedures and verifications carried out in relation to expenditure for the purpose of certification;

| (n) | draw up and submit to the Commission progress and final reports on the implementation of the annual programmes, declarations of expenditure certified by the certifying authority and requests for payment or, where appropriate, statements of reimbursement; |
| --- | --- |

(n)

draw up and submit to the Commission progress and final reports on the implementation of the annual programmes, declarations of expenditure certified by the certifying authority and requests for payment or, where appropriate, statements of reimbursement;

| (o) | carry out information and advisory activities and disseminate results of supported actions; |
| --- | --- |

(o)

carry out information and advisory activities and disseminate results of supported actions;

| (p) | cooperate with the Commission and the responsible authorities in the other Member States; |
| --- | --- |

(p)

cooperate with the Commission and the responsible authorities in the other Member States;

| (q) | verify the implementation by the final beneficiaries of the guidelines referred to in Article 33(6). |
| --- | --- |

(q)

verify the implementation by the final beneficiaries of the guidelines referred to in Article 33(6).

2.   The responsible authority's management activities for projects implemented in the Member States may be financed under the technical assistance arrangements referred to in Article 16.

Article 28

Delegation of tasks by the responsible authority

1.   Where all or some of the responsible authority's tasks are delegated to a delegated authority, the responsible authority shall define the scope of the tasks delegated, and set out detailed procedures for the implementation of the delegated tasks, which shall comply with the conditions laid down in Article 26.

2.   These procedures shall include supplying the responsible authority with regular information on the effective performance of the delegated tasks and a description of the means employed.

Article 29

Certifying authority

1.   The certifying authority shall:

| (a) | certify that:






  (i) | the declaration of expenditure is accurate, results from reliable accounting systems and is based on verifiable supporting documents, |
| --- | --- | --- |

(a)

certify that:

(i)

the declaration of expenditure is accurate, results from reliable accounting systems and is based on verifiable supporting documents,

| (ii) | the expenditure declared complies with applicable Community and national rules and has been incurred in respect of actions selected in accordance with the criteria applicable to the programme and complying with Community and national rules; |
| --- | --- |

(ii)

the expenditure declared complies with applicable Community and national rules and has been incurred in respect of actions selected in accordance with the criteria applicable to the programme and complying with Community and national rules;

| (b) | ensure for the purposes of certification that it has received adequate information from the responsible authority on the procedures and verifications carried out in relation to expenditure included in declarations of expenditure; |
| --- | --- |

(b)

ensure for the purposes of certification that it has received adequate information from the responsible authority on the procedures and verifications carried out in relation to expenditure included in declarations of expenditure;

| (c) | take account for the purposes of certification of the results of all audits carried out by or under the responsibility of the audit authority; |
| --- | --- |

(c)

take account for the purposes of certification of the results of all audits carried out by or under the responsibility of the audit authority;

| (d) | maintain accounting records in computerised form of expenditure declared to the Commission; |
| --- | --- |

(d)

maintain accounting records in computerised form of expenditure declared to the Commission;

| (e) | verify the recovery of any Community financing found to have been unduly paid as a result of irregularities detected, together with interest where appropriate, |
| --- | --- |

(e)

verify the recovery of any Community financing found to have been unduly paid as a result of irregularities detected, together with interest where appropriate,

| (f) | keep an account of amounts recoverable and amounts recovered under the general budget of the European Union, where possible by deducting them from the next declaration of expenditure. |
| --- | --- |

(f)

keep an account of amounts recoverable and amounts recovered under the general budget of the European Union, where possible by deducting them from the next declaration of expenditure.

2.   The certifying authority's activities relating to projects implemented in the Member States may be financed under the technical assistance arrangements referred to in Article 17, provided that the prerogatives of this authority as described in Article 25 are respected.

Article 30

Audit authority

1.   The audit authority shall:

| (a) | ensure that audits are carried out to verify the effective functioning of the management and control system; |
| --- | --- |

(a)

ensure that audits are carried out to verify the effective functioning of the management and control system;

| (b) | ensure that audits are carried out of actions on the basis of an appropriate sample to verify expenditure declared; the sample shall represent at least 10 % of the total eligible expenditure for each annual programme; |
| --- | --- |

(b)

ensure that audits are carried out of actions on the basis of an appropriate sample to verify expenditure declared; the sample shall represent at least 10 % of the total eligible expenditure for each annual programme;

| (c) | present to the Commission within six months of the approval of the multiannual programme an audit strategy covering the bodies which will perform the audits referred to under points (a) and (b), ensuring that the main beneficiaries of cofinancing by the Fund are audited and that audits are spread evenly throughout the programming period. |
| --- | --- |

(c)

present to the Commission within six months of the approval of the multiannual programme an audit strategy covering the bodies which will perform the audits referred to under points (a) and (b), ensuring that the main beneficiaries of cofinancing by the Fund are audited and that audits are spread evenly throughout the programming period.

2   Where the designated audit authority under this Decision is also the designated audit authority under Decisions No .../2007/EC, No .../2007/EC and No .../2007/EC (*****), or where common systems apply to two or more of these Funds, a single combined audit strategy may be submitted under paragraph 1(c).

3.   For each annual programme, the audit authority shall draft a report which shall comprise:

| (a) | an annual audit report setting out the findings of the audits carried out in accordance with the audit strategy in respect of the annual programme and reporting any shortcomings found in the systems for the management and control of the programme; |
| --- | --- |

(a)

an annual audit report setting out the findings of the audits carried out in accordance with the audit strategy in respect of the annual programme and reporting any shortcomings found in the systems for the management and control of the programme;

| (b) | an opinion, on the basis of the controls and audits that have been carried out under the responsibility of the audit authority, as to whether the functioning of the management and control system provides reasonable assurance that declarations of expenditure presented to the Commission are correct and that the underlying transactions are legal and regular; |
| --- | --- |

(b)

an opinion, on the basis of the controls and audits that have been carried out under the responsibility of the audit authority, as to whether the functioning of the management and control system provides reasonable assurance that declarations of expenditure presented to the Commission are correct and that the underlying transactions are legal and regular;

| (c) | a declaration assessing the validity of the request for payment or statement of reimbursement of the final balance and the legality and regularity of the expenditure concerned. |
| --- | --- |

(c)

a declaration assessing the validity of the request for payment or statement of reimbursement of the final balance and the legality and regularity of the expenditure concerned.

4.   The audit authority shall ensure that the audit work takes account of internationally accepted audit standards.

5.   The audit relating to projects implemented in the Member States may be financed under the technical assistance arrangements referred to in Article 17, provided that the prerogatives of the audit authority as described in Article 24 are respected.

CHAPTER VI

RESPONSIBIILTIES AND CONTROLS

Article 31

Responsibilities of the Member States

1.   Member States shall be responsible for ensuring sound financial management of multiannual and annual programmes and the legality and regularity of underlying transactions.

2.   Member States shall ensure that responsible authorities and any delegated authority, certifying authorities, audit authorities and any other bodies concerned receive adequate guidance on setting up the management and control systems referred to in Articles 24 to 30 to ensure that Community financing is used efficiently and correctly.

3.   Member States shall prevent, detect and correct irregularities. They shall notify these to the Commission, and keep the Commission informed of the progress in the administrative and legal proceedings.

When amounts unduly paid to a final beneficiary cannot be recovered, the Member State concerned shall be responsible for reimbursing the amounts lost to the general budget of the European Union when it is established that the loss has been incurred as a result of its fault or negligence.

4.   Member States shall be primarily responsible for the financial control of actions and shall ensure that management and control systems and audits are implemented in such a way as to guarantee that Community funds are used properly and effectively. They shall provide the Commission with a description of these systems.

5.   The detailed rules for implementing paragraphs 1 to 4 shall be adopted in accordance with the procedure referred to in Article 52(2).

Article 32

Management and control systems

1.   Before the Commission approves the multiannual programme, in accordance with the procedure referred to in Article 52(2), the Member States shall ensure that management and control systems have been set up in accordance with Articles 24 to 30. They shall be responsible for ensuring that the systems function effectively throughout the programming period.

2.   Member States shall submit to the Commission, together with their draft multiannual programme, a description of the organisation and procedures of the responsible authorities, delegated authorities and certifying authorities, and the internal audit systems operating in those authorities and bodies, the audit authority, and any other bodies carrying out audits under its responsibility.

3.   The Commission shall review the application of this provision in the context of the preparation of the report for the period 2008 to 2010 referred to in Article 50(3).

Article 33

Responsibilities of the Commission

1.   The Commission shall satisfy itself in accordance with the procedure laid down in Article 31 that Member States have set up management and control systems that comply with Articles 24 to 30, and on the basis of the annual audit reports and its own audits that the systems function effectively during the programming period.

2.   Without prejudice to audits carried out by Member States, Commission officials or authorised Commission representatives may carry out on-the-spot checks to verify the effective functioning of the management and control systems, which may include audits of actions included in the annual programmes, with a minimum of three working days' notice. Officials or authorised representatives of the Member State concerned may take part in such audits.

3.   The Commission may require a Member State to carry out on-the-spot checks to verify the correct functioning of the systems or the correctness of one or more transactions. Commission officials or authorised Commission representatives may take part in such checks.

4.   The Commission shall, in cooperation with the Member States, ensure that appropriate information, publicity and follow-up are provided for actions supported by the Fund.

5.   The Commission shall, in cooperation with the Member States, ensure that actions are consistent with, and complementary to, other relevant Community policies, instruments and initiatives.

6.   The Commission shall lay down guidelines to ensure the visibility of the funding granted under this Decision.

Article 34

Cooperation with the audit authorities of the Member States

1.   The Commission shall cooperate with the audit authorities to coordinate their respective audit plans and methods and shall immediately exchange the results of audits carried out of management and control systems in order to make the best possible use of control resources and to avoid unjustified duplication of work.

The Commission shall provide its comments on the audit strategy presented under Article 30 within not more than three months of its receipt.

2.   In determining its own audit strategy, the Commission shall identify those annual programmes which it considers satisfactory on the basis of its existing knowledge of the management and control systems.

For those programmes, the Commission may conclude that it can rely principally on the audit evidence provided by the Member States and that it will carry out its own on-the-spot checks only if there is evidence to suggest shortcomings in the systems.

CHAPTER VII

FINANCIAL MANAGEMENT

Article 35

Eligibility — Declarations of expenditure

1.   All declarations of expenditure shall include the amount of expenditure incurred by final beneficiaries in implementing the actions and the corresponding contribution from public or private funds.

2.   Expenditure shall correspond to the payments effected by the final beneficiaries. It shall be justified by receipted invoices or accounting documents of equivalent evidential value.

3.   Expenditure may be considered eligible for support from the Fund only if it is actually paid no earlier than 1 January of the year referred to in the financing decision approving the annual programme referred to in the third subparagraph of Article 21(5). The co-financed actions must not have been completed before the starting date for eligibility.

4.   The rules governing eligibility of expenditure within the framework of implemented actions co-financed by the Fund in the Member States under Article 3 shall be adopted in accordance with the procedure referred to in Article 52(2).

Article 36

Completeness of payment to final beneficiaries

Member States shall satisfy themselves that the responsible authority ensures that the final beneficiaries receive the total amount of the contribution from public funds as quickly as possible. No amounts shall be deducted or withheld, nor shall any further specific charge or other charge with equivalent effect be levied that would reduce these amounts for the final beneficiaries, provided that the final beneficiaries meet all the requirements regarding the eligibility of actions and expenses.

Article 37

Use of the euro

1.   Amounts set out in the draft multiannual and annual programmes of the Member States referred to in Articles 19 and 21 respectively, certified declarations of expenditure, requests for payments referred to in Article 27(1)(n) and expenditure mentioned in the progress report on the implementation of the annual programme referred to in Article 39(4) and the final report on the implementation of the annual programme referred to in Article 51 shall be denominated in euros.

2.   Commission financing decisions approving the annual programmes of Member States referred to in the third subparagraph of Article 21(5), Commission commitments and Commission payments shall be denominated and carried out in euros.

3.   Member States which have not adopted the euro as their currency on the date of the request for payment shall convert into euros the amounts of expenditure incurred in national currency. This amount shall be converted into euros using the monthly accounting exchange rate of the Commission for the month during which the expenditure was entered in the accounts of the responsible authority of the programme concerned. This rate shall be published electronically by the Commission each month.

4.   When the euro becomes the currency of a Member State, the conversion procedure set out in paragraph 3 shall continue to apply to all expenditure recorded in the accounts by the certifying authority before the date of entry into force of the fixed conversion rate between the national currency and the euro.

Article 38

Commitments

Community budgetary commitments shall be made annually on the basis of the Commission financing decision approving the annual programme referred to in the third subparagraph of Article 21(5).

Article 39

Payments — Prefinancing

1.   Payments by the Commission of the contribution from the Fund shall be made in accordance with the budget commitments.

2.   Payments shall take the form of pre-financing and payment of the balance. They shall be made to the responsible authority designated by the Member State.

3.   A first pre-financing payment representing 50 % of the amount allocated in the financing decision approving the annual programme shall be made to the Member State within sixty days following the adoption of that decision.

4.   A second pre-financing payment shall be made no more than three months after the Commission has approved, within two months of the formal submission of a request for payment by a Member State, a progress report on the implementation of the annual programme and a certified declaration of expenditure drawn up in accordance with Article 29(1)(a), and Article 35 accounting for at least 60 % of the amount of the initial payment. The amount of the second pre-financing payment made by the Commission shall not exceed 50 % of the total amount allocated by the financing decision approving the annual programme and, in any event, where a Member State has committed nationally an amount less than the amount indicated in the financing decision approving the annual programme, the balance of the amount of Community funds actually committed by the Member State for selected projects under the annual programme minus the first pre-financing payment.

5.   Any interest generated by pre-financing payments shall be posted to the annual programme concerned, being regarded as a resource for the Member State as national public contribution and shall be declared to the Commission at the time of the declaration of expenditure relating to the final report on the implementation of the annual programme concerned.

6.   The amounts paid as pre-financing shall be cleared from the accounts when the annual programme is closed.

Article 40

Payment of balance

1.   The Commission shall pay the balance provided it has received the following documents no later than nine months after the eligibility deadline for expenditure laid down in the financing decision approving the annual programme:

| (a) | a certified declaration of expenditure, duly drawn up in accordance with Article 29(1)(a) and Article 35, and a request for payment of the balance or statement of reimbursement; |
| --- | --- |

(a)

a certified declaration of expenditure, duly drawn up in accordance with Article 29(1)(a) and Article 35, and a request for payment of the balance or statement of reimbursement;

| (b) | the final report on the implementation of the annual programme as set out in Article 51; |
| --- | --- |

(b)

the final report on the implementation of the annual programme as set out in Article 51;

| (c) | the annual audit report, opinion and declaration provided for in Article 30(3). |
| --- | --- |

(c)

the annual audit report, opinion and declaration provided for in Article 30(3).

The payment of the balance shall be subject to the acceptance of the final report on the implementation of the annual programme and of the declaration assessing the validity of the request for payment of the balance.

2.   If the responsible authority fails to provide the documents required in paragraph 1 by the due date and in an acceptable format, the Commission shall decommit any part of the budget commitment of the corresponding annual programme that has not been used for payment of the pre-financing.

3.   The automatic cancellation procedure defined in paragraph 2 shall be suspended, for the amount of the projects concerned, where legal proceedings or administrative appeals having suspensive effects are under way at Member State level when the documents defined in paragraph 1 are submitted. The Member State shall, in the final report submitted, give detailed information on such projects, and send reports on progress made with regard to these projects every six months. Within three months of the conclusion of the legal proceedings or administrative appeal procedure, the Member State shall present the documents required in paragraph 1 for the projects concerned.

4.   The nine-month period referred to in paragraph 1 shall cease to run if the Commission adopts a decision suspending payments of the co-financing for the relevant annual programme in accordance with Article 42. The period shall start to run again from the date when the Commission decision referred to in Article 40(3) has been notified to the Member State.

5.   Without prejudice to Article 41, the Commission shall, within six months of receiving the documents referred to in paragraph 1 of this Article, inform the Member State of the amount of expenditure recognised by the Commission as chargeable to the Fund, and of any financial corrections deriving from the difference between declared expenditure and the expenditure recognised. The Member State shall have three months to present its comments.

6.   Within three months of receiving the Member State's comments, the Commission shall decide on the amount of expenditure recognised as chargeable to the Fund, and recover the balance arising from the difference between final recognised expenditure and the sums already paid to that Member State.

7.   Subject to available funding, the Commission shall pay the balance within no more than sixty days from the date on which it accepts the documents referred to in paragraph 1. The balance of the budgetary commitment shall be decommitted within six months following the payment.

Article 41

Withholding of payments

1.   The payment shall be withheld by the authorising officer by delegation within the meaning of the Financial Regulation for a maximum period of six months if:

| (a) | in a report of a national or Community audit body there is evidence to suggest a significant deficiency in the functioning of the management and control systems; |
| --- | --- |

(a)

in a report of a national or Community audit body there is evidence to suggest a significant deficiency in the functioning of the management and control systems;

| (b) | that officer has to carry out additional verifications following information coming to his notice which alerted him that expenditure in a certified declaration of expenditure is linked to a serious irregularity which has not been corrected. |
| --- | --- |

(b)

that officer has to carry out additional verifications following information coming to his notice which alerted him that expenditure in a certified declaration of expenditure is linked to a serious irregularity which has not been corrected.

2.   The Member State and the responsible authority shall be informed immediately of the reasons for the payment being withheld. The payment shall be withheld until the necessary measures are taken by the Member State.

Article 42

Suspension of payments

1.   All or part of the pre-financing and payments of the balance may be suspended by the Commission when:

| (a) | there is a serious deficiency in the management and control system of the programme which affects the reliability of the procedure for certification of payments and for which corrective measures have not been taken; or |
| --- | --- |

(a)

there is a serious deficiency in the management and control system of the programme which affects the reliability of the procedure for certification of payments and for which corrective measures have not been taken; or

| (b) | expenditure in a certified declaration of expenditure is linked to a serious irregularity which has not been corrected; or |
| --- | --- |

(b)

expenditure in a certified declaration of expenditure is linked to a serious irregularity which has not been corrected; or

| (c) | a Member State has not complied with its obligations under Articles 31 and 32. |
| --- | --- |

(c)

a Member State has not complied with its obligations under Articles 31 and 32.

2.   The Commission may decide to suspend pre-financing and payments of the balance after having given the Member State the opportunity to present its observations within a period of three months.

3.   The Commission shall end suspension of pre-financing and payments of the balance when it considers that the Member State has taken the necessary measures to enable the suspension to be lifted.

4.   If the necessary measures are not taken by the Member State, the Commission may adopt a decision to cancel all or part of the Community contribution to the annual programme in accordance with Article 46.

Article 43

Conservation of documents

Without prejudice to the rules governing State aid under Article 87 of the Treaty, the responsible authority shall ensure that all the supporting documents regarding expenditure and audits on the programmes concerned are kept available for the Commission and the Court of Auditors for a period of five years following the closure of the programmes in accordance with Article 40(1).

This period shall be interrupted either in the case of legal proceedings or at the duly substantiated request of the Commission.

The documents shall be kept either in the form of the originals or in versions certified to be in conformity with the originals on commonly accepted data carriers.

CHAPTER VIII

FINANCIAL CORRECTIONS

Article 44

Financial corrections by Member States

1.   Member States shall, in the first instance, bear the responsibility for investigating irregularities, acting upon evidence of any major change affecting the nature or the conditions for the implementation or control of programmes and making the required financial corrections.

2.   Member States shall make the financial corrections required in connection with the individual or systemic irregularities detected in actions or annual programmes.

Corrections made by Member States shall consist in cancelling, and if applicable, recovering all or part of the Community contribution. Where the amount is not repaid in the time allowed by the relevant Member State, default interest shall be due at the rate provided for in Article 47(2). Member States shall take into account the nature and gravity of the irregularities and the financial loss to the Fund.

3.   In the event of systemic irregularities the relevant Member State shall extend its enquiries to cover all operations liable to be affected.

4.   Member States shall include in the final report on the implementation of the annual programme referred to in Article 51 a list of cancellation procedures initiated for the annual programme concerned.

Article 45

Audit of accounts and financial corrections by the Commission

1.   Without prejudice to the powers of the Court of Auditors or the checks carried out by the Member States in accordance with national laws, regulations and administrative provisions, Commission officials or authorised Commission representatives may carry out on-the-spot checks, including sample checks, on the actions financed by the Fund and on management and control systems with a minimum of three working days' notice. The Commission shall give notice to the Member State concerned with a view to obtaining all the assistance necessary. Officials or authorised representatives of the Member State concerned may take part in such checks.

The Commission may require the Member State concerned to carry out an on-the-spot check to verify the accuracy of one or more transactions. Commission officials or authorised Commission representatives may take part in such checks.

2.   If, after completing the necessary verifications, the Commission concludes that a Member State is not complying with its obligations under Article 31, it shall suspend the pre-financing or payment of the balance in accordance with Article 42.

Article 46

Criteria for the corrections

1.   The Commission may make financial corrections by cancelling all or part of the Community contribution to an annual programme where, after carrying out the necessary examination, it concludes that:

| (a) | there is a serious deficiency in the management and control system of the programme which has put at risk the Community contribution already paid to the programme; |
| --- | --- |

(a)

there is a serious deficiency in the management and control system of the programme which has put at risk the Community contribution already paid to the programme;

| (b) | expenditure contained in a certified declaration of expenditure is irregular and has not been corrected by the Member State prior to the opening of the correction procedure under this paragraph; |
| --- | --- |

(b)

expenditure contained in a certified declaration of expenditure is irregular and has not been corrected by the Member State prior to the opening of the correction procedure under this paragraph;

| (c) | a Member State has not complied with its obligations under Article 31 prior to the opening of the correction procedure under this paragraph. |
| --- | --- |

(c)

a Member State has not complied with its obligations under Article 31 prior to the opening of the correction procedure under this paragraph.

The Commission shall decide after having taken into account any comments made by the Member State.

2.   The Commission shall base its financial corrections on individual cases of irregularity identified, taking account of the systemic nature of the irregularity to determine whether a flat-rate or extrapolated correction should be applied. Where the irregularity relates to a declaration of expenditure for which a reasonable assurance had previously been given by the audit authority in accordance with Article 30(3)(b), there will be a presumption of a systemic problem giving rise to the application of a flat-rate or extrapolated correction, unless the Member State can provide proof within three months to rebut this presumption.

3.   The Commission shall, when deciding the amount of a correction, take account of the importance of the irregularity and the extent and financial implications of the deficiencies found in the annual programme concerned.

4.   Where the Commission bases its position on the facts established by auditors other than those of its own services, it shall draw its own conclusions regarding the financial consequences, after examining the measures taken by the Member State concerned under Article 32, the reports of notified irregularities and any replies from the Member State.

Article 47

Repayment

1.   Any repayment due to be made to the general budget of the European Union shall be effected before the due date indicated in the order for recovery drawn up in accordance with Article 72 of the Financial Regulation. This due date shall be the last day of the second month following the issuing of the order.

2.   Any delay in effecting repayment shall give rise to interest on account of late payment, starting on the due date and ending on the date of actual payment. The rate of such interest shall be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Union, in force on the first calendar day of the month in which the due date falls, increased by three and a half percentage points.

Article 48

Obligations of Member States

A financial correction by the Commission shall not prejudice the Member State's obligation to pursue recoveries under Article 44.

CHAPTER IX

MONITORING, EVALUATION AND REPORTS

Article 49

Monitoring and evaluation

1.   The Commission shall carry out regular monitoring on the Fund in cooperation with the Member States.

2.   The Fund shall be evaluated by the Commission in partnership with the Member States to assess the relevance, effectiveness and impact of actions in the light of the general objective referred to in Article 2 in the context of the preparation for the reports set out in Article 50(3).

3.   The Commission shall also consider the complementarity between the actions implemented under the Fund and those pursued under other relevant Community policies, instruments and initiatives.

Article 50

Reporting obligations

1.   In each Member State the responsible authority shall take the necessary measures to ensure project monitoring and evaluation.

To that end, the agreements and contracts it concludes with the organisations responsible for the implementation of the actions shall include clauses laying down an obligation to submit regular and detailed reports on the progress of implementation and completion of the assigned objectives, which shall be the basis for, respectively, the progress and final reports on the implementation of the annual programme.

2.   The Member States shall submit to the Commission:

| (a) | by 30 June 2010, an evaluation report on the implementation of actions co-financed by the Fund; |
| --- | --- |

(a)

by 30 June 2010, an evaluation report on the implementation of actions co-financed by the Fund;

| (b) | by 30 June 2012 for the period 2008 to 2010 and by 30 June 2015 for the period 2011 to 2013 respectively, an evaluation report on the results and impact of actions co-financed by the Fund. |
| --- | --- |

(b)

by 30 June 2012 for the period 2008 to 2010 and by 30 June 2015 for the period 2011 to 2013 respectively, an evaluation report on the results and impact of actions co-financed by the Fund.

3.   The Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions:

| (a) | by 30 June 2010, a report on the application of the criteria set out in Article 15 for the annual breakdown of resources between Member States; together with proposals for amendments if deemed necessary; |
| --- | --- |

(a)

by 30 June 2010, a report on the application of the criteria set out in Article 15 for the annual breakdown of resources between Member States; together with proposals for amendments if deemed necessary;

| (b) | by 31 December 2010, an intermediate report on the results achieved and on qualitative and quantitative aspects of implementation of the Fund, together with a proposal on the Fund's future development; |
| --- | --- |

(b)

by 31 December 2010, an intermediate report on the results achieved and on qualitative and quantitative aspects of implementation of the Fund, together with a proposal on the Fund's future development;

| (c) | by 31 December 2012 for the period 2008 to 2010 and by 31 December 2015 for the period 2011 to 2013 respectively, an ex-post evaluation report. |
| --- | --- |

(c)

by 31 December 2012 for the period 2008 to 2010 and by 31 December 2015 for the period 2011 to 2013 respectively, an ex-post evaluation report.

Article 51

Final report on the implementation of the annual programme

1.   The final report on the implementation of the annual programme shall include the following information in order to obtain a clear view of the implementation of the programme:

| (a) | the financial and operational implementation of the annual programme; |
| --- | --- |

(a)

the financial and operational implementation of the annual programme;

| (b) | the progress made in implementing the multiannual programme and its priorities in relation to its specific, verifiable targets, with a quantification, wherever and whenever they lend themselves to quantification, of the indicators; |
| --- | --- |

(b)

the progress made in implementing the multiannual programme and its priorities in relation to its specific, verifiable targets, with a quantification, wherever and whenever they lend themselves to quantification, of the indicators;

| (c) | the steps taken by the responsible authority to ensure the quality and effectiveness of implementation, in particular:






  (i) | monitoring and evaluation measures, including data collection arrangements, |
| --- | --- | --- |

(c)

the steps taken by the responsible authority to ensure the quality and effectiveness of implementation, in particular:

(i)

monitoring and evaluation measures, including data collection arrangements,

| (ii) | a summary of any significant problems encountered in implementing the operational programme and any measures taken, |
| --- | --- |

(ii)

a summary of any significant problems encountered in implementing the operational programme and any measures taken,

| (iii) | the use made of technical assistance; |
| --- | --- |

(iii)

the use made of technical assistance;

| (d) | the measures taken to provide information on and make public the annual and multiannual programmes. |
| --- | --- |

(d)

the measures taken to provide information on and make public the annual and multiannual programmes.

2.   The report shall be judged acceptable where it contains all the information listed in paragraph 1. The Commission shall reach a decision on the content of the report submitted by the responsible authority within two months of having received all the information referred to in paragraph 1, which shall be acknowledged to the Member States. If the Commission does not respond within the time limit laid down, the report shall be deemed to be accepted.

CHAPTER X

FINAL PROVISIONS

Article 52

Committee

1.   The Commission shall be assisted by the common Committee ‘Solidarity and Management of Migration flows’, established by Decision No.../2007/EC (******).

2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

3.   Where reference is made to this paragraph, Article 5a(1) to (4) and 5(b) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The time-limits laid down in Article 5a(3)(c), (4)(b) and (4)(e) of Decision 1999/468/EC shall be set at six weeks.

Article 53

Review

The European Parliament and the Council shall review this Decision on the basis of a proposal from the Commission by 30 June 2013.

Article 54

Entry into force and application

This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

This Decision shall apply from 1 January 2008, with the exception of Articles 14, 18, 19, 21, 22, 25, Article 31(2), Article 31(5), Article 32, Article 35(4) and Article 52, which shall apply from ... (*******).

Article 55

Addressees

This Decision is addressed to the Member States in accordance with the Treaty establishing the European Community.

Done at ..., ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 88, 11.4.2006, p. 15.

1

(2)  OJ C 115, 16.5.2006, p. 47.

2

(3)  Position of the European Parliament of 14 December 2006.

3

(4)  OJ C 142, 14.6.2002, p. 23.

4

(5)  OJ L 149, 2.6.2001, p. 34.

5

(6)  OJ L 60, 27.2.2004, p. 55.

6

(7)  OJ L 261, 6.8.2004, p. 28.

7

(8)  OJ L 304, 30.9.2004, p. 12.

8

(9)  OJ L 212, 7.8.2001, p. 12.

9

(10)  OJ ...

10

(*)  OJ: please insert number, date and OJ reference of that Decision.

*

(11)  OJ ...

11

(12)  OJ ...

12

(13)  OJ L 349, 25.11.2004, p. 1.

13

(14)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

14

(15)  OJ C 139, 14.6.2006, p. 1.

15

(16)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

16

(17)  OJ L 396, 31.12.2004, p. 45.

17

(**)  OJ: please insert the number of the first Decision referred to in recital 21 (European Refugee Fund).

**

(***)  OJ: please insert the number of the second Decision referred to in recital 21 (External Borders Fund).

***

(****)  OJ: please insert the number of the third Decision referred to in recital 21 (European Fund for the Integration of Third-country Nationals).

****

(18)  OJ L 50, 25.2.2003, p. 1.

18

(*****)  OJ : please insert the numbers of the 3 Decisions referred to in recital 21.

*****

(******)  OJ : please insert the number of the second Decision referred to in recital 27 (External Borders Fund).

******

(*******)  Date of entry into force of this Decision.

*******

P6_TA(2006)0592

Medicinal products for paediatric use ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No .../2006 on medicinal products and amending Regulation (EEC) No 1768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulation (EC) No 726/2004 (COM(2006)0640 — C6-0356/2006 — 2006/0207(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0640) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0640) (1),

| — | having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0356/2006), |
| --- | --- |

—

having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0356/2006),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Food Safety (A6-0396/2006); |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety (A6-0396/2006);

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend 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_TC1-COD(2006)0207

Position of the European Parliament adopted at first reading on 14 December 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council amending Regulation (EC) No ... (*)/2006 on medicinal products for paediatric use

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

| (1) | The measures necessary for the implementation of Regulation (EC) No ... (*)/2006 (3) should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4). |
| --- | --- |

(1)

The measures necessary for the implementation of Regulation (EC) No ... (*)/2006 (3) should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4).

| (2) | In particular, the Commission should be empowered to define further the grounds for granting a deferral for the initiation or completion of some or all of the measures in the paediatric investigation plan and to specify the maximum amounts as well as the conditions and methods for collection of the financial penalties for infringement of the provisions of Regulation (EC) No ... (*)/2006 or the implementing measures adopted pursuant to it. Since these measures are of general scope and are designed to supplement Regulation (EC) No ... (*)/2006 by the addition of new non-essential elements, these measures should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. |
| --- | --- |

(2)

In particular, the Commission should be empowered to define further the grounds for granting a deferral for the initiation or completion of some or all of the measures in the paediatric investigation plan and to specify the maximum amounts as well as the conditions and methods for collection of the financial penalties for infringement of the provisions of Regulation (EC) No ... (*)/2006 or the implementing measures adopted pursuant to it. Since these measures are of general scope and are designed to supplement Regulation (EC) No ... (*)/2006 by the addition of new non-essential elements, these measures should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

| (3) | It is necessary to amend Regulation (EC) No ... (*)/2006 accordingly, |
| --- | --- |

(3)

It is necessary to amend Regulation (EC) No ... (*)/2006 accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No ... (*)/2006 is hereby amended as follows:

| 1) | in Article 20, paragraph 2 shall be replaced by the following:
  ‘2.   On the basis of the experience acquired as a result of the operation of this Article, the Commission may adopt provisions, in accordance with the regulatory procedure with scrutiny referred to in Article 51(2), amending or supplementing non-essential elements of this Regulation to define further the grounds for granting a deferral.’ |
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1)

in Article 20, paragraph 2 shall be replaced by the following:

‘2.   On the basis of the experience acquired as a result of the operation of this Article, the Commission may adopt provisions, in accordance with the regulatory procedure with scrutiny referred to in Article 51(2), amending or supplementing non-essential elements of this Regulation to define further the grounds for granting a deferral.’

| 2) | in Article 49, paragraph 3 shall be replaced by the following:
  ‘3.   At the Agency's request, the Commission may impose financial penalties for infringement of the provisions of this Regulation or the implementing measures adopted pursuant to it in relation to medicinal products authorised through the procedure laid down in Regulation (EC) No 726/2004. Measures amending or supplementing non-essential elements of this Regulation concerning the maximum amounts as well as the conditions and methods for collection of those penalties shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 51(2).’ |
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2)

in Article 49, paragraph 3 shall be replaced by the following:

‘3.   At the Agency's request, the Commission may impose financial penalties for infringement of the provisions of this Regulation or the implementing measures adopted pursuant to it in relation to medicinal products authorised through the procedure laid down in Regulation (EC) No 726/2004. Measures amending or supplementing non-essential elements of this Regulation concerning the maximum amounts as well as the conditions and methods for collection of those penalties shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 51(2).’

| 3) | in Article 51, paragraph 2 shall be replaced by the following:
  ‘2.   Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’ |
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3)

in Article 51, paragraph 2 shall be replaced by the following:

‘2.   Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’

Article 2

This Regulation shall enter into force on the thirtieth day following that of its publication in the Official Journal of the European Union.

This Regulation is 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

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(*)  OJ: please insert number of the Regulation [PE-CONS 3623/06].

*

(1)  Opinion delivered on 13 December 2006 (not yet published in the Official Journal).

1

(2)  Position of the European Parliament of 14 December 2006.

2

(3)  OJ L ...

3

(4)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

4

P6_TA(2006)0593

European Small Claims Procedure ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council establishing a European Small Claims Procedure (COM(2005)0087 — C6-0082/2005 — 2005/0020(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0087) (1), |
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—

having regard to the Commission proposal to the European Parliament and the Council (COM(2005)0087) (1),

| — | having regard to Article 251(2) and Article 61(c) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0082/2005), |
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—

having regard to Article 251(2) and Article 61(c) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0082/2005),

| — | having regard to Rule 51 of its Rules of Procedure, |
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—

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 Civil Liberties, Justice and Home Affairs (A6-0387/2006); |
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—

having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0387/2006);

| 1. | Approves the Commission proposal as amended; |
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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; |
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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. |
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3.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  Not yet published in the OJ.

P6_TC1-COD(2005)0020

Position of the European Parliament adopted at first reading on 14 December 2006 with a view to the adoption of Regulation (EC) No .../2007 of the European Parliament and of the Council establishing a European Small Claims Procedure

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 61(c) and Article 67 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

| (1) | The Community has set itself the objective of maintaining and developing an area of freedom, security and justice in which the free movement of persons is ensured. For the gradual establishment of such an area, the Community is to adopt, inter alia, measures in the field of judicial cooperation in civil matters having cross-border implications and needed for the proper functioning of the internal market. |
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(1)

The Community has set itself the objective of maintaining and developing an area of freedom, security and justice in which the free movement of persons is ensured. For the gradual establishment of such an area, the Community is to adopt, inter alia, measures in the field of judicial cooperation in civil matters having cross-border implications and needed for the proper functioning of the internal market.

| (2) | According to Article 65(c) of the Treaty, those measures are to include those eliminating obstacles to the good functioning of civil proceedings, if necessary by promoting the compatibility of the rules on civil procedure applicable in the Member States. |
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(2)

According to Article 65(c) of the Treaty, those measures are to include those eliminating obstacles to the good functioning of civil proceedings, if necessary by promoting the compatibility of the rules on civil procedure applicable in the Member States.

| (3) | In this respect, the Community has, among other measures, already adopted Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (3), Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (4), Council Decision 2001/470/EC of 28 May 2001 establishing a European Judicial Network in civil and commercial matters (5), Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims (6) and Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure (7). |
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(3)

In this respect, the Community has, among other measures, already adopted Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (3), Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (4), Council Decision 2001/470/EC of 28 May 2001 establishing a European Judicial Network in civil and commercial matters (5), Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims (6) and Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure (7).

| (4) | The European Council meeting in Tampere on 15 and 16 October 1999 invited the Council and the Commission to establish common procedural rules for simplified and accelerated cross-border litigation on small consumer and commercial claims. |
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(4)

The European Council meeting in Tampere on 15 and 16 October 1999 invited the Council and the Commission to establish common procedural rules for simplified and accelerated cross-border litigation on small consumer and commercial claims.

| (5) | On 30 November 2000, the Council adopted a joint programme of the Commission and the Council of measures for the implementation of the principle of mutual recognition of decisions in civil and commercial matters (8). The programme refers to simplifying and speeding up the settlement of cross-border litigation on small claims. This was taken forward by the Hague Programme (9), adopted by the European Council on 5 November 2004, which called for work on small claims to be actively pursued. |
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(5)

On 30 November 2000, the Council adopted a joint programme of the Commission and the Council of measures for the implementation of the principle of mutual recognition of decisions in civil and commercial matters (8). The programme refers to simplifying and speeding up the settlement of cross-border litigation on small claims. This was taken forward by the Hague Programme (9), adopted by the European Council on 5 November 2004, which called for work on small claims to be actively pursued.

| (6) | On 20 December 2002, the Commission adopted a Green Paper on a European order for payment procedure and on measures to simplify and speed up small claims litigation. The Green Paper launched a consultation on measures concerning the simplification and the speeding up of small claims litigation. |
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(6)

On 20 December 2002, the Commission adopted a Green Paper on a European order for payment procedure and on measures to simplify and speed up small claims litigation. The Green Paper launched a consultation on measures concerning the simplification and the speeding up of small claims litigation.

| (7) | Many Member States have introduced simplified civil procedures for small claims since costs, delays and complexities connected with litigation do not necessarily decrease proportionally with the value of the claim. The obstacles to obtaining a fast and inexpensive judgment are exacerbated in cross-border cases. It is therefore necessary to establish a European procedure for small claims (‘European Small Claims Procedure’). The objective of such a procedure should be to facilitate access to justice. The distortion of competition within the internal market due to imbalances with regard to the functioning of the procedural means afforded to creditors in different Member States entails the need for Community legislation that guarantees a level playing-field for creditors and debtors throughout the European Union. It should be necessary to have regard to the principles of simplicity, speed and proportionality when setting the costs of dealing with a claim under the European Small Claims Procedure. It is appropriate that details of the costs to be charged be made public, and that the means of setting any such costs be transparent. |
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(7)

Many Member States have introduced simplified civil procedures for small claims since costs, delays and complexities connected with litigation do not necessarily decrease proportionally with the value of the claim. The obstacles to obtaining a fast and inexpensive judgment are exacerbated in cross-border cases. It is therefore necessary to establish a European procedure for small claims (‘European Small Claims Procedure’). The objective of such a procedure should be to facilitate access to justice. The distortion of competition within the internal market due to imbalances with regard to the functioning of the procedural means afforded to creditors in different Member States entails the need for Community legislation that guarantees a level playing-field for creditors and debtors throughout the European Union. It should be necessary to have regard to the principles of simplicity, speed and proportionality when setting the costs of dealing with a claim under the European Small Claims Procedure. It is appropriate that details of the costs to be charged be made public, and that the means of setting any such costs be transparent.

| (8) | The European Small Claims Procedure should simplify and speed up litigation concerning small claims in cross-border cases, whilst reducing costs, by offering an optional tool in addition to the possibilities existing under the laws of the Member States, which will remain unaffected. This Regulation should also make it simpler to obtain the recognition and enforcement of a judgment given in the European Small Claims Procedure in another Member State. |
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(8)

The European Small Claims Procedure should simplify and speed up litigation concerning small claims in cross-border cases, whilst reducing costs, by offering an optional tool in addition to the possibilities existing under the laws of the Member States, which will remain unaffected. This Regulation should also make it simpler to obtain the recognition and enforcement of a judgment given in the European Small Claims Procedure in another Member State.

| (9) | This Regulation seeks to promote fundamental rights and takes into account, in particular, the principles recognised by the Charter of Fundamental Rights of the European Union. The court or tribunal should respect the right to a fair trial and the principle of an adversarial process, in particular when deciding on the necessity of an oral hearing and on the means of taking evidence and the extent to which evidence is to be taken. |
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(9)

This Regulation seeks to promote fundamental rights and takes into account, in particular, the principles recognised by the Charter of Fundamental Rights of the European Union. The court or tribunal should respect the right to a fair trial and the principle of an adversarial process, in particular when deciding on the necessity of an oral hearing and on the means of taking evidence and the extent to which evidence is to be taken.

| (10) | For the purposes of facilitating calculation of the value of a claim, all interest, expenses and disbursements should be disregarded. This should affect neither the power of the court or tribunal to award these in its judgment nor the national rules on the calculation of interest. |
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(10)

For the purposes of facilitating calculation of the value of a claim, all interest, expenses and disbursements should be disregarded. This should affect neither the power of the court or tribunal to award these in its judgment nor the national rules on the calculation of interest.

| (11) | In order to facilitate the commencement of the European Small Claims Procedure, the claimant should make an application by filling in a standard claim form and lodging it with the court or tribunal. The claim form should be submitted only to a court or tribunal that has jurisdiction. |
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(11)

In order to facilitate the commencement of the European Small Claims Procedure, the claimant should make an application by filling in a standard claim form and lodging it with the court or tribunal. The claim form should be submitted only to a court or tribunal that has jurisdiction.

| (12) | The claim form should be accompanied, where appropriate, by any relevant supporting documents. However, this does not prevent the claimant from submitting, where appropriate, further evidence during the procedure. The same principle should apply to the response by the defendant. |
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(12)

The claim form should be accompanied, where appropriate, by any relevant supporting documents. However, this does not prevent the claimant from submitting, where appropriate, further evidence during the procedure. The same principle should apply to the response by the defendant.

| (13) | The concepts of ‘clearly unfounded’ in the context of the dismissal of a claim and of ‘inadmissible’ in the context of the dismissal of an application should be determined in accordance with national law. |
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(13)

The concepts of ‘clearly unfounded’ in the context of the dismissal of a claim and of ‘inadmissible’ in the context of the dismissal of an application should be determined in accordance with national law.

| (14) | The European Small Claims Procedure should be a written procedure, unless an oral hearing is considered necessary by the court or tribunal or a party so requests. The court or tribunal may refuse such a request. Such refusal may not be contested separately. |
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(14)

The European Small Claims Procedure should be a written procedure, unless an oral hearing is considered necessary by the court or tribunal or a party so requests. The court or tribunal may refuse such a request. Such refusal may not be contested separately.

| (15) | The parties should not be obliged to be represented by a lawyer or another legal professional. |
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(15)

The parties should not be obliged to be represented by a lawyer or another legal professional.

| (16) | The concept of ‘counterclaim’ should be interpreted within the meaning of Article 6(3) of Regulation (EC) No 44/2001 as arising from the same contract or facts on which the original claim was based. Articles 2 and 4 as well as Article 5(3), (4) and (5) should apply, mutatis mutandis, to counterclaims. |
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(16)

The concept of ‘counterclaim’ should be interpreted within the meaning of Article 6(3) of Regulation (EC) No 44/2001 as arising from the same contract or facts on which the original claim was based. Articles 2 and 4 as well as Article 5(3), (4) and (5) should apply, mutatis mutandis, to counterclaims.

| (17) | In cases where the defendant invokes a right of set-off during the proceedings, such claim should not constitute a counterclaim for the purposes of this Regulation. Therefore, the defendant should not be obliged to use standard Form A, as set out in Annex I, for invoking such a right. |
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(17)

In cases where the defendant invokes a right of set-off during the proceedings, such claim should not constitute a counterclaim for the purposes of this Regulation. Therefore, the defendant should not be obliged to use standard Form A, as set out in Annex I, for invoking such a right.

| (18) | The Member State addressed for the purposes of the application of Article 6 is the Member State where service is to be effected or to where the document is to be dispatched. In order to reduce costs and delays, documents should be served on the parties primarily by postal service attested by an acknowledgment of receipt, including the date of receipt. |
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(18)

The Member State addressed for the purposes of the application of Article 6 is the Member State where service is to be effected or to where the document is to be dispatched. In order to reduce costs and delays, documents should be served on the parties primarily by postal service attested by an acknowledgment of receipt, including the date of receipt.

| (19) | A party may refuse to accept a document at the time of service or by returning the document within one week if it is not written in, or accompanied by a translation into, the official language of the Member State addressed (or, if there are several official languages in that Member State, the official language or one of the official languages of the place where service is to be effected or to where the document is to be dispatched) or a language which the addressee understands. |
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(19)

A party may refuse to accept a document at the time of service or by returning the document within one week if it is not written in, or accompanied by a translation into, the official language of the Member State addressed (or, if there are several official languages in that Member State, the official language or one of the official languages of the place where service is to be effected or to where the document is to be dispatched) or a language which the addressee understands.

| (20) | In the context of oral hearings and the taking of evidence, the Member States should encourage the use of modern communication technology subject to the national law of the Member State where the court or tribunal is situated. The court or tribunal should use the simplest and least costly method of taking evidence. |
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(20)

In the context of oral hearings and the taking of evidence, the Member States should encourage the use of modern communication technology subject to the national law of the Member State where the court or tribunal is situated. The court or tribunal should use the simplest and least costly method of taking evidence.

| (21) | The practical assistance to be made available to the parties should include technical information concerning the availability and the filling in of the forms. |
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(21)

The practical assistance to be made available to the parties should include technical information concerning the availability and the filling in of the forms.

| (22) | The information about procedural questions can also be given by the court or tribunal staff in accordance with national law. |
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(22)

The information about procedural questions can also be given by the court or tribunal staff in accordance with national law.

| (23) | As the objective of this Regulation is to simplify and speed up litigation concerning small claims in cross-border cases, the court or tribunal should act as soon as possible even when this Regulation does not prescribe any time limit for a specific phase of the procedure. |
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(23)

As the objective of this Regulation is to simplify and speed up litigation concerning small claims in cross-border cases, the court or tribunal should act as soon as possible even when this Regulation does not prescribe any time limit for a specific phase of the procedure.

| (24) | For the purposes of calculating time limits as provided for in this Regulation, Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits (10) should apply. |
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(24)

For the purposes of calculating time limits as provided for in this Regulation, Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits (10) should apply.

| (25) | In order to speed up the recovery of small claims, the judgment should be enforceable notwithstanding any possible appeal and without the condition of the provision of a security except as provided for in this Regulation. |
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(25)

In order to speed up the recovery of small claims, the judgment should be enforceable notwithstanding any possible appeal and without the condition of the provision of a security except as provided for in this Regulation.

| (26) | Any reference in this Regulation to an appeal should include any possible means of appeal available under national law. |
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(26)

Any reference in this Regulation to an appeal should include any possible means of appeal available under national law.

| (27) | The court or tribunal must include a person qualified to serve as a judge in accordance with national law. |
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(27)

The court or tribunal must include a person qualified to serve as a judge in accordance with national law.

| (28) | Whenever the court or tribunal is required to set a time limit, the party concerned should be informed of the consequences of not complying with it. |
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(28)

Whenever the court or tribunal is required to set a time limit, the party concerned should be informed of the consequences of not complying with it.

| (29) | The unsuccessful party should bear the costs of the proceedings. The costs of the proceedings should be determined in accordance with national law. Having regard to the objectives of simplicity and cost-effectiveness, the court or tribunal should order that an unsuccessful party be obliged to pay only the costs of the proceedings, including for example any costs resulting from the fact that the other party was represented by a lawyer or another legal professional, or any costs arising from the service or translation of documents, which are proportionate to the value of the claim or which were necessarily incurred. |
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(29)

The unsuccessful party should bear the costs of the proceedings. The costs of the proceedings should be determined in accordance with national law. Having regard to the objectives of simplicity and cost-effectiveness, the court or tribunal should order that an unsuccessful party be obliged to pay only the costs of the proceedings, including for example any costs resulting from the fact that the other party was represented by a lawyer or another legal professional, or any costs arising from the service or translation of documents, which are proportionate to the value of the claim or which were necessarily incurred.

| (30) | In order to facilitate recognition and enforcement, a judgment given in a Member State in the European Small Claims Procedure should be recognised and enforceable in another Member State without the need for a declaration of enforceability and without any possibility of opposing its recognition. |
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(30)

In order to facilitate recognition and enforcement, a judgment given in a Member State in the European Small Claims Procedure should be recognised and enforceable in another Member State without the need for a declaration of enforceability and without any possibility of opposing its recognition.

| (31) | There should be minimum standards for the review of a judgment in situations where the defendant was not able to contest the claim. |
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(31)

There should be minimum standards for the review of a judgment in situations where the defendant was not able to contest the claim.

| (32) | Having regard to the objectives of simplicity and cost-effectiveness, the party seeking enforcement shall not be required to have an authorised representative or a postal address in the Member State of enforcement, other than with agents having competence for the enforcement procedure in accordance with the national law of that Member State. |
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(32)

Having regard to the objectives of simplicity and cost-effectiveness, the party seeking enforcement shall not be required to have an authorised representative or a postal address in the Member State of enforcement, other than with agents having competence for the enforcement procedure in accordance with the national law of that Member State.

| (33) | Chapter III of this Regulation should also apply to the determination of costs and expenses made by officers of the court or tribunal due to a judgment given pursuant to the procedure specified in this Regulation. |
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(33)

Chapter III of this Regulation should also apply to the determination of costs and expenses made by officers of the court or tribunal due to a judgment given pursuant to the procedure specified in this Regulation.

| (34) | The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (11). |
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(34)

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (11).

| (35) | In particular, power should be conferred on the Commission to adopt measures necessary to update or make technical amendments to the forms set out in the Annexes. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation and/or to supplement this Regulation by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. |
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(35)

In particular, power should be conferred on the Commission to adopt measures necessary to update or make technical amendments to the forms set out in the Annexes. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation and/or to supplement this Regulation by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

| (36) | Since the objectives of this Regulation, namely, the establishment of a procedure to simplify and speed up litigation concerning small claims in cross-border cases, and to reduce costs, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Regulation, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives. |
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(36)

Since the objectives of this Regulation, namely, the establishment of a procedure to simplify and speed up litigation concerning small claims in cross-border cases, and to reduce costs, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Regulation, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives.

| (37) | In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom and Ireland have given notice of their wish to take part in the adoption and application of this Regulation. |
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(37)

In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom and Ireland have given notice of their wish to take part in the adoption and application of this Regulation.

| (38) | In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the adoption of this Regulation and is not bound by it or subject to its application, |
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(38)

In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not take part in the adoption of this Regulation and is not bound by it or subject to its application,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT MATTER AND SCOPE

Article 1

Subject matter

This Regulation establishes a European procedure for small claims (hereinafter referred to as the ‘European Small Claims Procedure’), intended to simplify and speed up litigation concerning small claims in cross-border cases, and to reduce costs. The European Small Claims Procedure shall be available to litigants as an alternative to the procedures existing under the laws of the Member States.

This Regulation also eliminates the intermediate proceedings necessary to enable recognition and enforcement, in other Member States, of judgments given in one Member State in the European Small Claims Procedure.

Article 2

Scope

1.   This Regulation shall apply, in cross-border cases, to civil and commercial matters, whatever the nature of the court or tribunal, where the value of a claim does not exceed 2 000euro at the time when the claim form is received by the court or tribunal with jurisdiction, excluding all interest, expenses and disbursements. It shall not extend, in particular, to revenue, customs or administrative matters or to the liability of the State for acts and omissions in the exercise of State authority (‘acta jure imperii’).

2.   This Regulation shall not apply to matters concerning:

| (a) | the status or legal capacity of natural persons; |
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(a)

the status or legal capacity of natural persons;

| (b) | rights in property arising out of a matrimonial relationship, maintenance obligations, wills and succession; |
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(b)

rights in property arising out of a matrimonial relationship, maintenance obligations, wills and succession;

| (c) | bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings; |
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(c)

bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings;

| (d) | social security; |
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(d)

social security;

| (e) | arbitration; |
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(e)

arbitration;

| (f) | employment law; |
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(f)

employment law;

| (g) | tenancies of immovable property, with the exception of actions on monetary claims; or |
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(g)

tenancies of immovable property, with the exception of actions on monetary claims; or

| (h) | violations of privacy and of rights relating to personality, including defamation. |
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(h)

violations of privacy and of rights relating to personality, including defamation.

3.   In this Regulation, the term ‘Member State’ shall mean Member States with the exception of Denmark.

Article 3

Cross-border cases

1.   For the purposes of this Regulation, a cross-border case is one in which at least one of the parties is domiciled or habitually resident in a Member State other than the Member State of the court or tribunal seised.

2.   Domicile shall be determined in accordance with Articles 59 and 60 of Regulation (EC) No 44/2001.

3.   The relevant moment for determining whether there is a cross-border case is the date on which the claim form is received by the court or tribunal with jurisdiction.

CHAPTER II

THE EUROPEAN SMALL CLAIMS PROCEDURE

Article 4

Commencement of the Procedure

1.   The claimant shall commence the European Small Claims Procedure by filling in standard claim Form A, as set out in Annex I, and lodging it with the court or tribunal with jurisdiction directly, by post or by any other means of communication, such as fax or e-mail, acceptable to the Member State in which the procedure is commenced. The claim form shall include a description of evidence supporting the claim and be accompanied, where appropriate, by any relevant supporting documents.

2.   Member States shall inform the Commission which means of communication are acceptable to them. The Commission shall make such information publicly available.

3.   Where a claim is outside the scope of this Regulation, the court or tribunal shall inform the claimant to that effect. Unless the claimant withdraws the claim, the court or tribunal shall proceed with it in accordance with the relevant procedural law applicable in the Member State in which the procedure is conducted.

4.   Where the court or tribunal considers the information provided by the claimant to be inadequate or insufficiently clear or if the claim form is not filled in properly, it shall, unless the claim appears to be clearly unfounded or the application inadmissible, give the claimant the opportunity to complete or rectify the claim form or to supply supplementary information or documents or to withdraw the claim, within such period as it specifies. The court or tribunal shall use standard Form B, as set out in Annex II, for this purpose.

Where the claim appears to be clearly unfounded or the application inadmissible or where the claimant fails to complete or rectify the claim form within the time specified, the application shall be dismissed.

5.   Member States shall ensure that the claim form is available at all courts and tribunals at which the European Small Claims Procedure can be commenced.

Article 5

Conduct of the Procedure

1.   The European Small Claims Procedure shall be a written procedure. The court or tribunal shall hold an oral hearing if it considers this to be necessary or if a party so requests. The court or tribunal may refuse such a request if it considers that with regard to the circumstances of the case, an oral hearing is obviously not necessary for the fair conduct of the proceedings. The reasons for refusal shall be given in writing. The refusal may not be contested separately.

2.   After receiving the properly filled in claim form, the court or tribunal shall fill in Part I of the standard answer Form C, as set out in Annex III.

A copy of the claim form, and, where applicable, of the supporting documents, together with the answer form thus filled in, shall be served on the defendant in accordance with Article 13. These documents shall be dispatched within 14 days of receiving the properly filled in claim form.

3.   The defendant shall submit his response within 30 days of service of the claim form and answer form, by filling in Part II of standard answer Form C, accompanied, where appropriate, by any relevant supporting documents, and returning it to the court or tribunal, or in any other appropriate way not using the answer form.

4.   Within 14 days of receipt of the response from the defendant, the court or tribunal shall dispatch a copy thereof, together with any relevant supporting documents to the claimant.

5.   If, in his response, the defendant claims that the value of a non-monetary claim exceeds the limit set out in Article 2(1), the court or tribunal shall decide within 30 days of dispatching the response to the claimant, whether the claim is within the scope of this Regulation. Such decision may not be contested separately.

6.   Any counterclaim, to be submitted using standard Form A, and any relevant supporting documents shall be served on the claimant in accordance with Article 13. Those documents shall be dispatched within 14 days of receipt.

The claimant shall have 30 days from service to respond to any counterclaim.

7.   If the counterclaim exceeds the limit set out in Article 2(1), the claim and counterclaim shall not proceed in the European Small Claims Procedure but shall be dealt with in accordance with the relevant procedural law applicable in the Member State in which the procedure is conducted.

Articles 2 and 4 as well as paragraphs 3, 4 and 5 of this Article shall apply, mutatis mutandis, to counterclaims.

Article 6

Languages

1.   The claim form, the response, any counterclaim, any response to a counterclaim and any description of relevant supporting documents shall be submitted in the language or one of the languages of the court or tribunal.

2.   If any other document received by the court or tribunal is not in the language in which the proceedings are conducted, the court or tribunal may require a translation of that document only if the translation appears to be necessary for giving the judgment.

3.   Where a party has refused to accept a document because it is not in either of the following languages:

| (a) | the official language of the Member State addressed, or, if there are several official languages in that Member State, the official language or one of the official languages of the place where service is to be effected or to where the document is to be dispatched; or |
| --- | --- |

(a)

the official language of the Member State addressed, or, if there are several official languages in that Member State, the official language or one of the official languages of the place where service is to be effected or to where the document is to be dispatched; or

| (b) | a language which the addressee understands, |
| --- | --- |

(b)

a language which the addressee understands,

the court or tribunal shall so inform the other party with a view to that party providing a translation of the document.

Article 7

Conclusion of the Procedure

1.   Within 30 days of receipt of the response from the defendant or the claimant within the time limits laid down in Article 5(3) or (6), the court or tribunal shall give a judgment, or:

| (a) | demand further details concerning the claim from the parties within a specified period of time, not exceeding 30 days; |
| --- | --- |

(a)

demand further details concerning the claim from the parties within a specified period of time, not exceeding 30 days;

| (b) | take evidence in accordance with Article 9; or |
| --- | --- |

(b)

take evidence in accordance with Article 9; or

| (c) | summon the parties to an oral hearing to be held within 30 days of the summons. |
| --- | --- |

(c)

summon the parties to an oral hearing to be held within 30 days of the summons.

2.   The court or tribunal shall give the judgment either within 30 days of any oral hearing or after having received all information necessary for giving the judgment. The judgment shall be served on the parties in accordance with Article 13.

3   If the court or tribunal has not received an answer from the relevant party within the time limits laid down in Article 5(3) or (6), it shall give a judgment on the claim or counterclaim.

Article 8

Oral hearing

The court or tribunal may hold an oral hearing through video conference or other communication technology if the technical means are available.

Article 9

Taking of evidence

1.   The court or tribunal shall determine the means of taking evidence and the extent of the evidence necessary for its judgment under the rules applicable to the admissibility of evidence. The court or tribunal may admit the taking of evidence through written statements of witnesses, experts or parties. It may also admit the taking of evidence through video conference or other communication technology if the technical means are available.

2.   The court or tribunal may take expert evidence or oral testimony only if it is necessary for giving the judgment. In making its decision, the court or tribunal shall take costs into account.

3.   The court or tribunal shall use the simplest and least burdensome method of taking evidence.

Article 10

Representation of parties

Representation by a lawyer or another legal professional shall not be mandatory.

Article 11

Assistance for the parties

The Member States shall ensure that the parties can receive practical assistance in filling in the forms.

Article 12

Remit of the court or tribunal

1.   The court or tribunal shall not require the parties to make any legal assessment of the claim.

2.   If necessary, the court or tribunal shall inform the parties about procedural questions.

3.   Whenever appropriate, the court or tribunal shall seek to reach a settlement between the parties.

Article 13

Service of documents

1.   Documents shall be served by postal service attested by an acknowledgement of receipt including the date of receipt.

2.   If service in accordance with paragraph 1 is not possible, service may be effected by any of the methods provided for in Articles 13 or 14 of Regulation (EC) No 805/2004.

Article 14

Time limits

1.   Where the court or tribunal sets a time limit, the party concerned shall be informed of the consequences of not complying with it.

2.   The court or tribunal may extend the time limits provided for in Article 4(4), Article 5(3) and (6) and Article 7(1), in exceptional circumstances, if necessary in order to safeguard the rights of the parties.

3.   If, in exceptional circumstances, it is not possible for the court or tribunal to respect the time limits provided for in Article 5(2) to (6) and Article 7, it shall take the steps required by those provisions as soon as possible.

Article 15

Enforceability of the judgment

1.   The judgment shall be enforceable notwithstanding any possible appeal. The provision of a security shall not be required.

2.   Article 23 shall also apply in the event that the judgment is to be enforced in the Member State where the judgment was given.

Article 16

Costs

The unsuccessful party shall bear the costs of the proceedings. However, the court or tribunal shall not award costs to the successful party to the extent that they were unnecessarily incurred or are disproportionate to the claim.

Article 17

Appeal

1.   Member States shall inform the Commission whether an appeal is available under their procedural law against a judgment given in the European Small Claims Procedure and within what time limit such appeal shall be lodged. The Commission shall make that information publicly available.

2.   Article 16 shall apply to any appeal.

Article 18

Minimum standards for review of the judgment

1.   The defendant shall be entitled to apply for a review of the judgment given in the European Small Claims Procedure before the court or tribunal with jurisdiction of the Member State where the judgment was given where:

| (a) | (i) | the claim form or the summons to an oral hearing were served by a method without proof of receipt by him personally, as provided for in Article 14 of Regulation (EC) No 805/2004; and |
| --- | --- | --- |

(a)

(i)

the claim form or the summons to an oral hearing were served by a method without proof of receipt by him personally, as provided for in Article 14 of Regulation (EC) No 805/2004; and

| (ii) | service was not effected in sufficient time to enable him to arrange for his defence without any fault on his part, or |
| --- | --- |

(ii)

service was not effected in sufficient time to enable him to arrange for his defence without any fault on his part, or

| (b) | the defendant was prevented from objecting to the claim by reason of force majeure, or due to extraordinary circumstances without any fault on his part, |
| --- | --- |

(b)

the defendant was prevented from objecting to the claim by reason of force majeure, or due to extraordinary circumstances without any fault on his part,

provided in either case that he acts promptly.

2.   If the court or tribunal rejects the review on the basis that none of the grounds referred to in paragraph 1 apply, the judgment shall remain in force.

If the court or tribunal decides that the review is justified for one of the reasons laid down in paragraph 1, the judgment given in the European Small Claims Procedure shall be null and void.

Article 19

Applicable procedural law

Subject to the provisions of this Regulation, the European Small Claims Procedure shall be governed by the procedural law of the Member State in which the procedure is conducted.

CHAPTER III

RECOGNITION AND ENFORCEMENT IN ANOTHER MEMBER STATE

Article 20

Recognition and enforcement

1.   A judgment given in a Member State in the European Small Claims Procedure shall be recognised and enforced in another Member State without the need for a declaration of enforceability and without any possibility of opposing its recognition.

2.   At the request of one of the parties, the court or tribunal shall issue a certificate concerning a judgment in the European Small Claims Procedure using standard Form D, as set out in Annex IV, at no extra cost.

Article 21

Enforcement procedure

1.   Without prejudice to the provisions of this Chapter, the enforcement procedures shall be governed by the law of the Member State of enforcement.

Any judgment given in the European Small Claims Procedure shall be enforced under the same conditions as a judgment given in the Member State of enforcement.

2.   The party seeking enforcement shall produce:

| (a) | a copy of the judgment which satisfies the conditions necessary to establish its authenticity; and |
| --- | --- |

(a)

a copy of the judgment which satisfies the conditions necessary to establish its authenticity; and

| (b) | a copy of the certificate referred to in Article 20(2) and, where necessary, the translation thereof into the official language of the Member State of enforcement or, if there are several official languages in that Member State, the official language or one of the official languages of court or tribunal proceedings of the place where enforcement is sought in conformity with the law of that Member State, or into another language that the Member State of enforcement has indicated it can accept. Each Member State may indicate the official language or languages of the institutions of the European Union other than its own which it can accept for the European Small Claims Procedure. The content of Form D shall be translated by a person qualified to make translations in one of the Member States. |
| --- | --- |

(b)

a copy of the certificate referred to in Article 20(2) and, where necessary, the translation thereof into the official language of the Member State of enforcement or, if there are several official languages in that Member State, the official language or one of the official languages of court or tribunal proceedings of the place where enforcement is sought in conformity with the law of that Member State, or into another language that the Member State of enforcement has indicated it can accept. Each Member State may indicate the official language or languages of the institutions of the European Union other than its own which it can accept for the European Small Claims Procedure. The content of Form D shall be translated by a person qualified to make translations in one of the Member States.

3.   The party seeking the enforcement of a judgment given in the European Small Claims Procedure in another Member State shall not be required to have:

| (a) | an authorised representative; or |
| --- | --- |

(a)

an authorised representative; or

| (b) | a postal address |
| --- | --- |

(b)

a postal address

in the Member State of enforcement, other than with agents having competence for the enforcement procedure.

4.   No security, bond or deposit, however described, shall be required of a party who in one Member State applies for enforcement of a judgment given in the European Small Claims Procedure in another Member State on the ground that he is a foreign national or that he is not domiciled or resident in the Member State of enforcement.

Article 22

Refusal of enforcement

1.   Enforcement shall, upon application by the person against whom enforcement is sought, be refused by the court or tribunal with jurisdiction in the Member State of enforcement if the judgment given in the European Small Claims Procedure is irreconcilable with an earlier judgment given in any Member State or in a third country, provided that:

| (a) | the earlier judgment involved the same cause of action and was between the same parties; |
| --- | --- |

(a)

the earlier judgment involved the same cause of action and was between the same parties;

| (b) | the earlier judgment was given in the Member State of enforcement or fulfils the conditions necessary for its recognition in the Member State of enforcement; and |
| --- | --- |

(b)

the earlier judgment was given in the Member State of enforcement or fulfils the conditions necessary for its recognition in the Member State of enforcement; and

| (c) | the irreconcilability was not and could not have been raised as an objection in the court or tribunal proceedings in the Member State where the judgment in the European Small Claims Procedure was given. |
| --- | --- |

(c)

the irreconcilability was not and could not have been raised as an objection in the court or tribunal proceedings in the Member State where the judgment in the European Small Claims Procedure was given.

2.   Under no circumstances may a judgment given in the European Small Claims Procedure be reviewed as to its substance in the Member State of enforcement.

Article 23

Stay or limitation of enforcement

Where a party has challenged a judgment given in the European Small Claims Procedure or where such a challenge is still possible, or where a party has made an application for review within the meaning of Article 18, the court or tribunal with jurisdiction or the competent authority in the Member State of enforcement may, upon application by the party against whom enforcement is sought:

| (a) | limit the enforcement proceedings to protective measures; |
| --- | --- |

(a)

limit the enforcement proceedings to protective measures;

| (b) | make enforcement conditional on the provision of such security as it shall determine; or |
| --- | --- |

(b)

make enforcement conditional on the provision of such security as it shall determine; or

| (c) | under exceptional circumstances, stay the enforcement proceedings. |
| --- | --- |

(c)

under exceptional circumstances, stay the enforcement proceedings.

CHAPTER IV

FINAL PROVISIONS

Article 24

Information

The Member States shall cooperate to provide the general public and professional circles with information on the European Small Claims Procedure, including costs, in particular by way of the European Judicial Network in Civil and Commercial Matters established in accordance with Decision 2001/470/EC.

Article 25

Information relating to jurisdiction, means of communication and appeals

1.   By 1 January 2008 the Member States shall communicate to the Commission:

| (a) | which courts or tribunals have jurisdiction to give a judgment in the European Small Claims Procedure; |
| --- | --- |

(a)

which courts or tribunals have jurisdiction to give a judgment in the European Small Claims Procedure;

| (b) | which means of communication are accepted for the purposes of the European Small Claims Procedure and available to the courts or tribunals in accordance with Article 4(1); |
| --- | --- |

(b)

which means of communication are accepted for the purposes of the European Small Claims Procedure and available to the courts or tribunals in accordance with Article 4(1);

| (c) | whether an appeal is available under their procedural law in accordance with Article 17 and with which court or tribunal this may be lodged; |
| --- | --- |

(c)

whether an appeal is available under their procedural law in accordance with Article 17 and with which court or tribunal this may be lodged;

| (d) | which languages are accepted pursuant to Article 21(2)(b); and |
| --- | --- |

(d)

which languages are accepted pursuant to Article 21(2)(b); and

| (e) | which authorities have competence with respect to enforcement and which authorities have competence for the purposes of the application of Article 23. |
| --- | --- |

(e)

which authorities have competence with respect to enforcement and which authorities have competence for the purposes of the application of Article 23.

Member States shall apprise the Commission of any subsequent changes to this information.

2.   The Commission shall make the information notified in accordance with paragraph 1 publicly available through publication in the Official Journal of the European Union and through any other appropriate means.

Article 26

Implementing measures

The measures designed to amend non-essential elements of this Regulation, including by supplementing it, relating to updates or technical amendments to the forms in the Annexes shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27(2).

Article 27

Committee

1.   The Commission shall be assisted by a Committee.

2.   Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 28

Review

By 1 January 2014, the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a detailed report reviewing the operation of the European Small Claims Procedure, including the limit of the value of the claim referred to in Article 2(1). That report shall contain an assessment of the procedure as it has operated and an extended impact assessment for each Member State.

To that end and in order to ensure that best practice in the European Union is duly taken into account and reflects the principles of better legislation, Member States shall provide the Commission with information relating to the cross-border operation of the European Small Claims Procedure. This information shall cover court fees, speed of the procedure, efficiency, ease of use and the internal small claims procedures of the Member States.

The Commission's report shall be accompanied, if appropriate, by proposals for adaptation.

Article 29

Entry into force

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2009, with the exception of Article 25, which shall apply from 1 January 2008.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.

Done at ..., ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 88, 11.4.2006, p. 61.

1

(2)  Position of the European Parliament of 14 December 2006.

2

(3)  OJ L 160, 30.6.2000, p. 37.

3

(4)  OJ L 12, 16.1.2001, p. 1. Regulation as amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

4

(5)  OJ L 174, 27.6.2001, p. 25.

5

(6)  OJ L 143, 30.4.2004, p. 15. Regulation as amended by Commission Regulation (EC) No 1869/2005 (OJ L 300, 17.11.2005, p. 6).

6

(7)  OJ L 399, 30.12.2006, p. 1.

7

(8)  OJ C 12, 15.1.2001, p. 1.

8

(9)  OJ C 53, 3.3.2005, p. 1.

9

(10)  OJ L 124, 8.6.1971, p. 1.

10

(11)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

11

ANNEX I

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EUROPEAN SMALL CLAIMS PROCEDURE

FORM A

CLAIM FORM

Case number (*):

Received by the court/tribunal on: // (*)

(*) To be filled in by the court/tribunal.

(Article 4(1) of Regulation (EC) No .../2007 of the European Parliament and of the Council establishing a European Small Claims Procedure)

IMPORTANT INFORMATION

PLEASE READ THE GUIDELINES AT THE BEGINNING OF EACH SECTION - THEY WILL HELP YOU TO FILL IN THIS FORM

Language

Fill in this form in the language of the court/tribunal to which you are sending your application. Please note that the form is available in all official languages of the institutions of the European Union on the website of the European Judicial Atlas at http://ec.europa.eu/justice_home/judicialatlascivil/html/index_en.htm This may help you in filling in the form in the required language.

Supporting documents

Please note that the claim form should be accompanied, where appropriate, by any relevant supporting documents. However, this does not prevent you from submitting, where appropriate, further evidence during the procedure.

A copy of the claim form and, where appropriate, of the supporting documents, will be served on the defendant. The defendant will have an opportunity to submit a response.

1. Court/tribunal

1. Before which court/tribunal are you making your claim?

1.1. Name:

1.2. Street and number/PO box:

1.3. City and postal code:

1.4. Country:

In this field you should identify the court/tribunal before which you are making your claim. When deciding which court/tribunal to choose, you need to consider the grounds for the court's/tribunal's jurisdiction. A non-exhaustive list of possible grounds of jurisdiction is included in section 4.

2. Claimant

This field must identify you as the claimant and your representative, if any. Please note that it is not mandatory to be represented by a lawyer or another legal professional.

It may not be sufficient in some countries to give only a PO Box as the address and you should therefore include the street name and number with a postcode. Failure to do so may result in the document not being served.

‘Other details’ may contain information that helps to identify you, for example, your date of birth, occupation, position in the company, personal ID code and the company registry code in certain Member States.

Where there is more than one claimant, please use additional sheets.

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2. The claimant's details

2.1. Surname, first name/name of company or organisation:

2.2. Street and number/PO box:

2.3. City and postal code:

2.4. Country:

2.5. Telephone (*):

2.6. E-mail (*):

2.7. Claimant's representative, if any, and contact details (*):

2.8. Other details (*):

3. Defendant

In this field you should identify the defendant and, if known, his representative. Please note that it is not mandatory for the defendant to be represented by a lawyer or another legal professional.

It may not be sufficient in some countries to give only a PO Box as the address and therefore you should include the street name and number with a postcode. Failure to do so may result in the document not being served.

3. The defendant's details

3.1. Surname, first name/name of company or organisation:

3.2. Street and number/PO box:

3.3. City and postal code:

3.4. Country:

3.5. Telephone (*):

3.6. E-mail (*):

3.7. Defendant's representative, if known, and contact details (*):

3.8. Other details (*):

‘Other details’ may contain information that helps to identify the person, for example the date of birth, occupation, position in the company, personal ID code and company registry code in certain Member States. If there is more than one defendant, please use additional sheets.

4. Jurisdiction

Your application must be lodged with the court/tribunal that has jurisdiction to deal with it. The court/tribunal must have jurisdiction in accordance with the rules of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

This section includes a non-exhaustive list of possible grounds for jurisdiction.

Information on the rules of jurisdiction can be found on the website of the European Judicial Atlas at http://ec.europa.eu/justice_home/judicialatlascivil/html/index_en.htm

You can also look at http://ec.europa.eu/civiljustice/glossary/glossary_en.htm for an explanation of some of the legal terms employed.

(*) Optional.

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4. On what ground do you consider the court/tribunal to have jurisdiction?

4.1. Domicile of the defendant

4.2. Domicile of the consumer

4.3. Domicile of the policyholder, the insured or the beneficiary in insurance matters

4.4. Place of performance of the obligation in question

4.5. Place of the harmful event

4.6. Place where the immovable property is situated

4.7. Choice of court/tribunal agreed by the parties

4.8. Other (please specify)

5. Cross-border nature of the case

5. Cross-border nature of the case

5.1. Country of domicile or habitual residence of claimant:

5.2. Country of domicile or habitual residence of defendant:

5.3. Member State of the court/tribunal:

In order to make use of the European Small Claims Procedure, your case must be of a cross-border nature. A case is of a cross-border nature if at least one of the parties is domiciled or habitually resident in a Member State other than the Member State of the court/tribunal.

6. Bank details (optional)

In field 6.1. you may inform the court/tribunal by which means you intend to pay the application fee. Please note that not all methods are necessarily available at the court/tribunal to which you are sending your application. You should verify which methods of payment will be accepted by the court/tribunal. You can do this by contacting the court/tribunal concerned or by consulting the website of the European Judicial Network in Civil and Commercial Matters at http://ec.europa.eu/civiljustice.

If you choose to pay by credit card or to allow the court/tribunal to collect the fee from your bank account, you should give the necessary credit card or bank account details in the Appendix to this form. The Appendix will be for the information of the court/tribunal only and will not be forwarded to the defendant.

In field 6.2. you are given the possibility of indicating by which means you wish to receive payment from the defendant, for example if the defendant wishes to pay immediately even before the judgment is given. If you wish to be paid by bank transfer, please give the necessary bank details.

6. Bank details (*)

6.1. How will you pay the application fee?

6.1.1. By bank transfer

6.1.2. By credit card

(please fill in the Appendix)

6.1.3. Direct debit from your bank account

(please fill in the Appendix)

6.1.4. Other (please specify):

6.2. To which account do you wish the defendant to pay any amount claimed or awarded?

6.2.1. Account holder:

6.2.2. Bank name, BIC or other relevant bank code:

6.2.3. Account number/IBAN:

(*) Optional.

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7. Claim

Scope : Please note that the European Small Claims Procedure has a limited scope. No claims of a value higher than EUR 2 000 or which are listed in Article 2 of Regulation (EC) No .../2007 of the European Parliament and of the Council establishing a European Small Claims Procedure can be dealt with under this procedure. If your claim does not relate to an action within the scope of that Regulation in accordance with Article 2, proceedings will continue before the courts/tribunals with jurisdiction in accordance with the rules of ordinary civil procedure. If you do not wish to continue proceedings in that event, you should withdraw your application.

Monetary or other claim : You should indicate whether you are claiming money and/or something else (non-monetary claim), for example, delivery of goods, and then fill in respectively either 7.1. and/or 7.2. If your claim is not for money, please indicate the estimated value of your claim. In the case of a non-monetary claim, you should indicate whether you have a secondary claim for compensation if it is not possible to satisfy the original claim.

If you wish to claim the costs of the proceedings (e.g. translation costs, lawyers' fees, costs relating to the service of documents etc.), then you should indicate this in 7.3. Please note that rules regarding the costs which courts/tribunals can award vary between different Member States. Details of categories of costs in the Member States can be found on the website of the European Judicial Network in Civil and Commercial Matters at http://ec.europa.eu/civiljustice.

If you wish to claim any contractual interest, for example on a loan, you should indicate the rate and from what date it runs. The court/tribunal may award statutory interest on your claim, if you are successful. If you wish to claim interest, please indicate this and the date from which the interest should run.

7. About your claim

7.1. Claim for money:

7.1.1. Amount of principal (excluding interest and costs):

7.1.2. Currency:

Euro (EUR)

Bulgarian lev (BGN)

Cypriot pound (CYP)

Czech koruna (CZK)

Estonian kroon (EEK)

Pound Sterling (GBP)

Hungarian forint (HUF)

Latvian lats (LVL)

Lithuanian litas (LTL)

Maltese lira (MTL)

Polish zloty (PLN)

Romanian leu (RON)

Swedish kronor (SEK)

Slovak koruna (SKK)

Other (please specify):

7.2. Other claim:

7.2.1. Please specify what you are claiming:

7.2.2. Estimated value of the claim:

Currency:

Euro (EUR)

Bulgarian lev (BGN)

Cypriot pound (CYP)

Czech koruna (CZK)

Estonian kroon (EEK)

Pound Sterling (GBP)

Hungarian forint (HUF)

Latvian lats (LVL)

Lithuanian litas (LTL)

Maltese lira (MTL)

Polish zloty (PLN)

Romanian leu (RON)

Swedish kronor (SEK)

Slovak koruna (SKK)

Other (please specify):

7.3. Are you claiming the costs of proceedings?

7.3.1. Yes

7.3.2. No

7.3.3. If yes, please specify which costs and indicate the amount claimed or incurred so far:

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7.4. Are you claiming interest?

Yes

No

If yes, is the interest:

Contractual?

If so, go to 7.4.1

Statutory?

If so, go to 7.4.2

7.4.1. If contractual

1) the rate is:

%

% above the base rate of the ECB

other:

2) the interest should run from: //(date)

7.4.2.

If statutory

the interest should run from: //(date)

8. Details of claim

In 8.1. you should describe briefly the substance of your claim.

In 8.2. you should describe any relevant supporting evidence. This could, for example, be written evidence (e.g. contracts, receipts etc.) or oral or written statements from witnesses. For each piece of evidence, please indicate which aspect of your claim it is intended to support.

If space is insufficient, you can add additional sheets.

8. Details of claim

8.1. Please give reasons for your claim, for example what happened, where and when.

8.2. Please describe the evidence you wish to put forward to support your claim and state which points of the claim it supports. Where appropriate, you should add relevant supporting documents.

8.2.1. Written evidence

please specify below

8.2.2. Witnesses

please specify below

8.2.3. Other

please specify below

Oral hearing: Please note that the European Small Claims Procedure is a written procedure. However, you can request, in this form or at a later stage, that an oral hearing be held. The court/tribunal may decide to hold an oral hearing if it considers it necessary for the fair conduct of the proceedings or it may refuse it, having regard to all the circumstances of the case.

8.3. Do you want an oral hearing to be held?

Yes

No

If yes, please indicate reasons (*):

(*) Optional.

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9. Certificate

A judgment given in a Member State in the European Small Claims Procedure can be recognised and enforced in another Member State. If you intend to ask for recognition and enforcement in a Member State other than that of the court/tribunal, you can request in this form that the court/tribunal, after having made a decision in your favour, issue a certificate concerning that judgment.

9. Certificate

I ask the court/tribunal to issue a certificate concerning the judgment

Yes

No

10. Date and signature

Please make sure that you write your name clearly and sign and date your application at the end.

10. Date and signature

I hereby request that the court/tribunal give a judgment against the defendant on the basis of my claim.

I declare that the information provided is true to the best of my knowledge and is given in good faith.

Done at:

Date: //

Name and signature:

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Appendix to the claim form (Form A)

Bank details (*) for the purposes of payment of the application fee

Account holder/credit card holder:

Bank name, BIC or other relevant bank code/credit card company:

Account number or IBAN/credit card number, expiry date and security number of the credit card:

(*) Optional.

ANNEX II

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EUROPEAN SMALL CLAIMS PROCEDURE

FORM B

REQUEST BY THE COURT OR TRIBUNAL TO COMPLETE AND/OR RECTIFY THE CLAIM FORM

(Article 4(4) of Regulation (EC) No .../2007 of the European Parliament and of the Council establishing a European Small Claims Procedure)

To be filled in by the court/tribunal

Case number:

Received by the court/tribunal on: //.

1. Court/tribunal

1.1. Name:

1.2. Street and number/PO box:

1.3. City and postal code:

1.4. Country:

2. Claimant

2.1. Surname, first name/name of company or organisation:

2.2. Street and number/PO box:

2.3. City and postal code:

2.4. Country:

2.5. Telephone (*):

2.6. E-mail (*):

2.7. Claimant's representative, if any, and contact details (*):

2.8. Other details (*):

3. Defendant

3.1. Surname, first name/name of company or organisation:

3.2. Street and number/PO box:

3.3. City and postal code:

3.4. Country:

3.5. Telephone (*):

3.6. E-mail (*):

3.7. Defendant's representative, if any, and contact details (*):

3.8. Other details (*):

(*) Optional.

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The court/tribunal has examined your claim form and considers it to be inadequate or insufficiently clear or not properly filled in: please complete and/or rectify your form in the language of the court/tribunal as indicated below as soon as possible and at the latest by.

The court/tribunal shall dismiss your application under the conditions provided for in Regulation (EC) No .../2007 if you fail to complete and/or rectify it within the time limit set out above.

Your claim form has not been filled in in the correct language. Please fill it in in one of the following languages.

Bulgarian

Czech

German

Estonian

Spanish

Greek

French

Irish

Italian

Latvian

Lithuanian

Hungarian

Maltese

Dutch

Polish

Portuguese

Romanian

Slovak

Slovene

Finnish

Swedish

English

Other: (please specify)

The following sections of the claim form must be completed and/or rectified as stated below:

—

—

—

—

Done at:

Date: //

Signature and/or stamp:

ANNEX III

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EUROPEAN SMALL CLAIMS PROCEDURE

FORM C

ANSWER FORM

(Article 5(2) and 5(3) of Regulation (EC) No .../2007 of the European Parliament and of the Council establishing a European Small Claims Procedure)

IMPORTANT INFORMATION AND GUIDELINES FOR THE DEFENDANT

A claim as set out in the attached claim form has been submitted against you using the European Small Claims Procedure.

You can answer by filling in Part II of this form and returning it to the court/tribunal, or in any other appropriate way, within 30 days after the claim form has been served on you together with the answer form.

Please note that if you do not answer within 30 days, the court/tribunal shall give a judgment.

Please make sure that you write your name clearly and sign and date the answer form at the end.

You should also read the guidelines included in the claim form; these may help you to prepare your response.

Language: You should reply to the claim in the language of the court/tribunal which has sent you this form.

Please note that the form is available in all official languages of the institutions of the European Union on the website of the European Judicial Atlas at

http://ec.europa.eu/justice_home/judicialatlascivil/html/index_en.htm. This may help you in filling in the form in the required language.

Oral hearing: Please note that the European Small Claims Procedure is a written procedure. However, you can ask for an oral hearing to be held. Please be aware that having regard to the circumstances of the case, the court/tribunal can refuse this request.

Supporting documents: You can indicate possible means of evidence, and add, where appropriate, supporting documents.

Counterclaim: If you want to make a claim against the claimant (counterclaim), you should fill in and attach a separate Form A which you can find on the internet at http://ec.europa.eu/justice_home/judicialatlascivil/html/fillinginformation_en.htm or obtain from the court/tribunal which sent you this form. Please note that for the purposes of the counterclaim you are considered to be the claimant.

Correcting your details :You can also correct or supplement information about yourself (e.g. contact details, representative etc.) in section 6 "Other information".

Extra space: If space is insufficient, you can add additional sheets.

Part I (to be filled in by the court/tribunal)

Name of claimant:

Name of defendant:

Court/tribunal:

Claim:

Case number:

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Part II (to be filled in by the defendant)

1. Do you accept the claim?

Yes

No

Partially

If you have answered ‘no’ or ‘partially’, please indicate reasons:

The claim is outside the scope of the European Small Claims Procedure

please specify below

Other

please specify below

2. If you do not accept the claim please describe the evidence you wish to put forward to contest it. Please state which points of your answer the evidence supports. Where appropriate, you should add relevant supporting documents.

2.1. Written evidence

please specify below

2.2. Witnesses

please specify below

2.3. Other

please specify below

3. Do you want an oral hearing to be held?

Yes

No

If yes, please indicate reasons (*):

4. Are you claiming the costs of proceedings?

4.1. Yes

4.2. No

4.3. (*) If yes, please specify which costs and if possible, indicate the amount claimed or incurred so far:

5. Do you want to make a counterclaim?

5.1. Yes

5.2. No

5.3. If yes, please fill in and attach a separate Form A

6. Other information (*)

7. Date and signature

I declare that the information provided is true to the best of my knowledge and is given in good faith.

Done at:

Date: //

Name and signature:

(*) Optionnal.

ANNEX IV

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EUROPEAN SMALL CLAIMS PROCEDURE

FORM D

CERTIFICATE CONCERNING A JUDGMENT IN THE EUROPEAN SMALL CLAIMS PROCEDURE

(Article 20(2) of Regulation (EC) No .../2007 of the European Parliament and of the Council establishing a European Small Claims Procedure)

To be filled in by the court/tribunal

1. Court/tribunal

1.1. Name:

1.2. Street and number/PO box:

1.3. City and postal code:

1.4. Country:

2. Claimant

2.1. Surname, first name/name of company or organisation:

2.2. Street and number/PO box:

2.3. City and postal code:

2.4. Country:

2.5. Telephone (*):

2.6. E-mail (*):

2.7. Claimant's representative, if any, and contact details (*):

2.8. Other details (*):

3. Defendant

3.1. Surname, first name/name of company or organisation:

3.2. Street and number/PO box:

3.3. City and postal code:

3.4. Country:

3.5. Telephone (*):

3.6. E-mail (*):

3.7. Defendant's representative, if any, and contact details (*):

3.8. Other details (*):

(*) Optionnal.

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4. Judgment

4.1. Date:

4.2. Case number:

4.3. The substance of the judgment:

4.3.1. The court/tribunal has ordered to pay to

(1) Principal:

(2) Interest:

(3) Costs:

4.3.2. The court/tribunal has made an order against to

(If the judgment was given by an appeal court or in the case of a review of a judgment.)

This judgment supersedes the judgment given on//, case number, and any certificate relative thereto.

THE JUDGMENT WILL BE RECOGNISED AND ENFORCED IN ANOTHER MEMBER STATE WITHOUT THE NEED FOR A DECLARATION OF ENFORCEABILITY AND WITHOUT ANY POSSIBILITY OF OPPOSING ITS RECOGNITION.

Done at:

Date: //

Signature and/or stamp

P6_TA(2006)0594

Fundamental rights and citizenship (2007-2013) *

European Parliament legislative resolution on the proposal for a Council decision establishing for the period 2007-2013 the specific programme ‘Fundamental rights and citizenship’ as part of the General programme ‘Fundamental Rights and Justice’ (COM(2005)0122 — C6-0236/2005 — 2005/0038(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2005)0122) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2005)0122) (1),

| — | having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0236/2005), |
| --- | --- |

—

having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0236/2005),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Budgets and the Committee on Culture and Education (A6-0465/2006); |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Budgets and the Committee on Culture and Education (A6-0465/2006);

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 4. | Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament; |
| --- | --- |

4.

Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament;

| 5. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

5.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

| 6. | Instructs its President to forward its position as annexed to this legislative resolution to the Council and Commission. |
| --- | --- |

6.

Instructs its President to forward its position as annexed to this legislative resolution to the Council and Commission.

---

(1)  Not yet published in OJ.

ANNEX

Amended Proposal for a Council Decision establishing for the period 2007-2013 the specific programme ‘Fundamental rights and citizenship’ as part of the General programme ‘Fundamental Rights and Justice’

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

[...]

Whereas:

| (1) | The European Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law, principles which are common to the Member States. |
| --- | --- |

(1)

The European Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law, principles which are common to the Member States.

| (2) | The Charter of Fundamental Rights of the European Union (3) [...], bearing in mind its status and scope, and the accompanying explanations, reflects the rights as they result, in particular, from the constitutional traditions and international obligations common to the Member States, the Treaty on European Union, the Community Treaties, the European Convention for the Protection of Human Rights and Fundamental Freedoms (4), the social charters adopted by the Community and by the Council of Europe and the case law of the Court of Justice of the European Communities and of the European Court of Human Rights. |
| --- | --- |

(2)

The Charter of Fundamental Rights of the European Union (3) [...], bearing in mind its status and scope, and the accompanying explanations, reflects the rights as they result, in particular, from the constitutional traditions and international obligations common to the Member States, the Treaty on European Union, the Community Treaties, the European Convention for the Protection of Human Rights and Fundamental Freedoms (4), the social charters adopted by the Community and by the Council of Europe and the case law of the Court of Justice of the European Communities and of the European Court of Human Rights.

| (3) | In November 2004 the European Council recognised the importance of communication to bring all persons close to the European project by encouraging an active citizenship. |
| --- | --- |

(3)

In November 2004 the European Council recognised the importance of communication to bring all persons close to the European project by encouraging an active citizenship.

| (4) | In its Communication to the Council and the European Parliament on Article 7 of the Treaty on European Union (5), the Commission underlines the importance of the role that civil society plays both in protecting and promoting fundamental rights; the Commission therefore should establish an open, transparent and regular dialogue with civil society. |
| --- | --- |

(4)

In its Communication to the Council and the European Parliament on Article 7 of the Treaty on European Union (5), the Commission underlines the importance of the role that civil society plays both in protecting and promoting fundamental rights; the Commission therefore should establish an open, transparent and regular dialogue with civil society.

| (4a) | According to the Hague Programme, strengthening mutual cooperation requires an explicit effort to improve mutual understanding among judicial authorities and different legal systems. European networks of national public authorities should deserve special attention and support in this respect. |
| --- | --- |

(4a)

According to the Hague Programme, strengthening mutual cooperation requires an explicit effort to improve mutual understanding among judicial authorities and different legal systems. European networks of national public authorities should deserve special attention and support in this respect.

| (4b) | The Conference of the European Constitutional Courts and the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union contribute, in particular by maintaining relevant databases, to an exchange of views and experience on matters concerning the jurisprudence, organisation and functioning of their Members in the performance of their judicial and advisory functions with regard to Community law. It ought to be possible to co-finance the activities of the Conference and the Association to the extent that the expenditure is incurred in pursuing an objective of general European interest. However, such co-financing should not imply that a future program would cover such networks, nor should it prejudice other European networks from benefiting from support to their activities in accordance with the Decision. |
| --- | --- |

(4b)

The Conference of the European Constitutional Courts and the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union contribute, in particular by maintaining relevant databases, to an exchange of views and experience on matters concerning the jurisprudence, organisation and functioning of their Members in the performance of their judicial and advisory functions with regard to Community law. It ought to be possible to co-finance the activities of the Conference and the Association to the extent that the expenditure is incurred in pursuing an objective of general European interest. However, such co-financing should not imply that a future program would cover such networks, nor should it prejudice other European networks from benefiting from support to their activities in accordance with the Decision.

| (5) | It is appropriate to stress the importance of information and communication with respect to the rights that citizenship of the Union confers on its citizens to improve their awareness of their rights and to provide them with easy access to reliable information. |
| --- | --- |

(5)

It is appropriate to stress the importance of information and communication with respect to the rights that citizenship of the Union confers on its citizens to improve their awareness of their rights and to provide them with easy access to reliable information.

| (6) | Fostering an interfaith and multicultural dialogue at the level of the European Union would contribute to preserving and strengthening peace and Fundamental Rights. |
| --- | --- |

(6)

Fostering an interfaith and multicultural dialogue at the level of the European Union would contribute to preserving and strengthening peace and Fundamental Rights.

| (7) | The objectives of this programme should be complementary to those of the European Union Agency for Fundamental Rights established by Council Regulation (EC) No .../2006 of ..., and should focus on those areas where European added-value can be engendered. Appropriate co-ordination should be undertaken to these ends. |
| --- | --- |

(7)

The objectives of this programme should be complementary to those of the European Union Agency for Fundamental Rights established by Council Regulation (EC) No .../2006 of ..., and should focus on those areas where European added-value can be engendered. Appropriate co-ordination should be undertaken to these ends.

| (8) | With a view to achieving complementarity and guaranteeing the best possible use of resources, it should be ensured that any duplication between the actions supported by this programme and the activities of international organisations competent in the field of Fundamental Rights, such as the Council of Europe, is avoided, while permitting joint activities for the achievement of the objectives of this programme. Appropriate co-ordination should be undertaken to these ends. |
| --- | --- |

(8)

With a view to achieving complementarity and guaranteeing the best possible use of resources, it should be ensured that any duplication between the actions supported by this programme and the activities of international organisations competent in the field of Fundamental Rights, such as the Council of Europe, is avoided, while permitting joint activities for the achievement of the objectives of this programme. Appropriate co-ordination should be undertaken to these ends.

| (8a) | According to the principle of opening the Community programmes to the candidate countries and to the countries of the Western Balkans, as enshrined in the Thessaloniki Agenda, the Programme should be open to the participation of the acceding countries, candidate countries and the Western Balkan countries. Such participation should necessitate fulfilling the general conditions of bilateral agreement and contribution to the Programme budget. When it serves the objectives of the action concerned, also authorities, bodies or non-governmental organisations of countries not participating to the Programme may be associated to individual actions as partners, however without them being the main beneficiaries of the project. |
| --- | --- |

(8a)

According to the principle of opening the Community programmes to the candidate countries and to the countries of the Western Balkans, as enshrined in the Thessaloniki Agenda, the Programme should be open to the participation of the acceding countries, candidate countries and the Western Balkan countries. Such participation should necessitate fulfilling the general conditions of bilateral agreement and contribution to the Programme budget. When it serves the objectives of the action concerned, also authorities, bodies or non-governmental organisations of countries not participating to the Programme may be associated to individual actions as partners, however without them being the main beneficiaries of the project.

| (9) | Appropriate measures should also be taken to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used in accordance with Council Regulations (EC Euratom) No 2988/95 of 18 December 1995 on the protection of the Communities' financial interests (6) (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission (7) and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (8). |
| --- | --- |

(9)

Appropriate measures should also be taken to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used in accordance with Council Regulations (EC Euratom) No 2988/95 of 18 December 1995 on the protection of the Communities' financial interests (6) (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission (7) and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (8).

| (10) | Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (9), hereinafter ‘the Financial Regulation’, and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 (10), which safeguard the Community's financial interests, have to be applied taking into account the principles of simplicity and consistency in the choice of budgetary instruments, a limitation on the number of cases where the Commission retains direct responsibility for their implementation and management, and the required proportionality between the amount of resources and the administrative burden related to their use. |
| --- | --- |

(10)

Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (9), hereinafter ‘the Financial Regulation’, and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 (10), which safeguard the Community's financial interests, have to be applied taking into account the principles of simplicity and consistency in the choice of budgetary instruments, a limitation on the number of cases where the Commission retains direct responsibility for their implementation and management, and the required proportionality between the amount of resources and the administrative burden related to their use.

| (11) | The Financial Regulation requires a basic act to be provided to cover operating grants. |
| --- | --- |

(11)

The Financial Regulation requires a basic act to be provided to cover operating grants.

| (12) | 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 (11) measures for the implementation of this Decision should be adopted, with a distinction being made between those measures which are subject to the management committee procedure and those which are subject to the advisory committee procedure, the advisory committee being in certain cases, with a view to increased efficiency, the more appropriate. |
| --- | --- |

(12)

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 (11) measures for the implementation of this Decision should be adopted, with a distinction being made between those measures which are subject to the management committee procedure and those which are subject to the advisory committee procedure, the advisory committee being in certain cases, with a view to increased efficiency, the more appropriate.

| (13) | The objectives of the programme, namely the support to civil society associations, the fight against racism, xenophobia and anti-Semitism, the protection of Fundamental Rights and the protection of the Rights of the Citizen, through an interfaith and multicultural dialogue cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or impact of the initiative, be better achieved at Community level. The Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary to achieve those objectives. |
| --- | --- |

(13)

The objectives of the programme, namely the support to civil society associations, the fight against racism, xenophobia and anti-Semitism, the protection of Fundamental Rights and the protection of the Rights of the Citizen, through an interfaith and multicultural dialogue cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or impact of the initiative, be better achieved at Community level. The Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary to achieve those objectives.

| (14) | The Treaty does not provide, for the adoption of this Decision, powers other than those under Article 308. |
| --- | --- |

(14)

The Treaty does not provide, for the adoption of this Decision, powers other than those under Article 308.

| (15) | The Economic and Social Committee has delivered an opinion (12), |
| --- | --- |

(15)

The Economic and Social Committee has delivered an opinion (12),

HAS DECIDED AS FOLLOWS:

Article 1

Creation of the programme

1.   This Decision establishes the programme ‘Fundamental Rights and Citizenship’, hereinafter referred to as ‘the programme’ as part of the general programme ‘Fundamental Rights and Justice’.

2.   The programme shall cover the period from 1 January 2007 to 31 December 2013.

3.   The Programme shall be implemented within the scope of application of Community law.

Article 2

General objectives

1.   This programme shall have the following general objectives:

| (a) | To promote the development of a European society based on respect for Fundamental Rights as recognised in Article 6(2) of the Treaty on European Union [...], including rights derived from citizenship of the Union. |
| --- | --- |

(a)

To promote the development of a European society based on respect for Fundamental Rights as recognised in Article 6(2) of the Treaty on European Union [...], including rights derived from citizenship of the Union.

| (b) | To strengthen civil society and to encourage an open, transparent and regular dialogue with it in respect of fundamental rights. |
| --- | --- |

(b)

To strengthen civil society and to encourage an open, transparent and regular dialogue with it in respect of fundamental rights.

| (c) | To fight against racism, xenophobia and anti-Semitism and to promote a better interfaith and intercultural understanding and improved tolerance throughout the European Union. |
| --- | --- |

(c)

To fight against racism, xenophobia and anti-Semitism and to promote a better interfaith and intercultural understanding and improved tolerance throughout the European Union.

| (d) | To improve the contacts, exchange of information and networking between legal, judicial and administrative authorities and the legal professions, including by way of support of judicial training, with the aim of better mutual understanding among such authorities and professionals. |
| --- | --- |

(d)

To improve the contacts, exchange of information and networking between legal, judicial and administrative authorities and the legal professions, including by way of support of judicial training, with the aim of better mutual understanding among such authorities and professionals.

2.   The general objectives of the programme are complementary to the objectives pursued by the European Union Agency for Fundamental Rights established by Council Regulation (EC) No .../2006.

3.   The general objectives of the programme contribute to the development and implementation of the Community policies in full respect of Fundamental Rights.

Article 3

Specific objectives

The programme shall have the following specific objectives:

| (a) | To promote the Fundamental Rights as recognised in Article 6(2) of the Treaty on European Union [...] and to inform all persons of their rights including those derived from the citizenship of the Union in order to encourage Union citizens to participate actively in the democratic life of the Union. |
| --- | --- |

(a)

To promote the Fundamental Rights as recognised in Article 6(2) of the Treaty on European Union [...] and to inform all persons of their rights including those derived from the citizenship of the Union in order to encourage Union citizens to participate actively in the democratic life of the Union.

| (b) | To examine, when necessary, the respect of specific fundamental rights in the European Union and its Member States when implementing, Community law, [...] and to obtain opinions on specific questions related to fundamental rights within this scope. |
| --- | --- |

(b)

To examine, when necessary, the respect of specific fundamental rights in the European Union and its Member States when implementing, Community law, [...] and to obtain opinions on specific questions related to fundamental rights within this scope.

| (c) | To support non-governmental organisations and other bodies from civil society to enhance their capability to participate actively in the promotion of fundamental rights, the rule of law and democracy. |
| --- | --- |

(c)

To support non-governmental organisations and other bodies from civil society to enhance their capability to participate actively in the promotion of fundamental rights, the rule of law and democracy.

| (d) | To create relevant structures in order to foster an interfaith and multicultural dialogue at the level of European Union. |
| --- | --- |

(d)

To create relevant structures in order to foster an interfaith and multicultural dialogue at the level of European Union.

Article 4

Actions

With a view to pursuing the general and specific objectives set out in Articles 2 and 3, this programme will support the following types of actions:

| (a) | specific actions taken by the Commission, such as, studies and research, opinion polls and surveys, formulation of indicators and common methodologies, collection, development and dissemination of data and statistics, seminars, conferences and expert meetings, organisation of public campaigns and events; development and maintenance of websites, preparation and dissemination of information material, support for and management of networks of national experts, analytical, monitoring and evaluation activities; or |
| --- | --- |

(a)

specific actions taken by the Commission, such as, studies and research, opinion polls and surveys, formulation of indicators and common methodologies, collection, development and dissemination of data and statistics, seminars, conferences and expert meetings, organisation of public campaigns and events; development and maintenance of websites, preparation and dissemination of information material, support for and management of networks of national experts, analytical, monitoring and evaluation activities; or

| (b) | specific trans-national projects of Community interest presented by an authority or any other body of a Member State, an international or non-governmental organisation, and involving in any case at least two Member States or at least one Member State and one other state which may either be an acceding or a candidate country, under the conditions set out in the annual work programmes; or |
| --- | --- |

(b)

specific trans-national projects of Community interest presented by an authority or any other body of a Member State, an international or non-governmental organisation, and involving in any case at least two Member States or at least one Member State and one other state which may either be an acceding or a candidate country, under the conditions set out in the annual work programmes; or

| (c) | support to the activities of non-governmental organisations or other entities pursuing an aim of general European interest in accordance with the general objectives of the programme under the conditions set out in the annual work programmes; |
| --- | --- |

(c)

support to the activities of non-governmental organisations or other entities pursuing an aim of general European interest in accordance with the general objectives of the programme under the conditions set out in the annual work programmes;

| (d) | operating grants to co-finance expenditure associated with the permanent work programme of the Conference of the European Constitutional Courts and the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union, which maintains certain databases providing for a European-wide collection of national judgments relating to the implementation of Community law, insofar as the expenditure is incurred in pursuing an objective of general European interest by promoting exchanges of views and experience on matters concerning the jurisprudence, organisation and functioning of their members in the performance of their judicial and/or advisory functions with regard to Community law. |
| --- | --- |

(d)

operating grants to co-finance expenditure associated with the permanent work programme of the Conference of the European Constitutional Courts and the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union, which maintains certain databases providing for a European-wide collection of national judgments relating to the implementation of Community law, insofar as the expenditure is incurred in pursuing an objective of general European interest by promoting exchanges of views and experience on matters concerning the jurisprudence, organisation and functioning of their members in the performance of their judicial and/or advisory functions with regard to Community law.

Article 5

Participation of third countries

1.   The following countries, hereinafter referred to as ‘participating countries’ may participate in the actions of the programme: the acceding countries, candidate countries and the Western Balkan countries included in the stabilisation and association process, in accordance with the conditions laid down in the association agreements or their additional protocols relating to participation in Community programmes concluded or to be concluded with those countries.

2.   Actions under Article 4 may associate authorities, bodies or non-governmental organisations of countries not participating in this programme pursuant to paragraph 1, where this would contribute to the preparation for accession of the countries referred to in paragraph 1 or serve the objectives of the actions concerned.

Article 6

Target Groups

The programme is targeted at European Union citizens, citizens of participating countries or third country nationals legally residing within the European Union territory and civil society associations, among other groups active in promoting the objectives of this programme.

Article 7

Access to the programme

1.   Access to this programme shall be open, inter alia, to institutions and public or private organisations, universities, research institutes, non-governmental organisations, national, regional and local authorities, international organisations and other not-for-profit organisations established in the European Union or in one of the countries participating, pursuant to Article 5.

2.   The programme shall permit joint activities with international organisations competent in the field of fundamental rights, such as the Council of Europe, on the basis of joint contributions and in accordance with the various rules prevailing in each institution or organisation, for the achievement of the objectives of this programme.

Article 8

Types of intervention

1.   Community funding may take the following legal forms:

| — | grants, |
| --- | --- |

—

grants,

| — | public procurement contracts. |
| --- | --- |

—

public procurement contracts.

2.   Community grants shall be awarded further to calls for proposals, save in duly substantiated exceptional cases as foreseen in Financial Regulation applicable to the General budget of the European Communities and shall be provided through operating grants and grants to actions. The maximum rate of co-financing will be specified in the annual work programmes.

3.   Furthermore, expenditure is foreseen for accompanying measures, through public procurement contracts, in which case Community funds will cover the purchase of services and goods. This will cover, inter alia, expenditure on information and communication, preparation, implementation, monitoring, checking and evaluation of projects, policies, programmes and legislation.

Article 9

Implementing measures

1.   The Commission shall implement the Community Assistance in accordance with the Financial Regulation applicable to the general budget of the European Communities.

2.   To implement the programme, the Commission shall, within the limits of the general objectives set out in Article 2, adopt an annual work programme specifying its specific objectives, thematic priorities, a description of accompanying measures envisaged in Article 8 and if necessary a list of other actions.

3.   The annual work programme will be adopted in accordance with the procedure set out in Article 10(3).

4.   The evaluation and award procedures relating to grants to actions shall take into account, inter alia, the following criteria:

| (a) | conformity with the annual work programme, the general objectives as specified in Article 2 and measures taken in the different domains as specified in Articles 3 and 4; |
| --- | --- |

(a)

conformity with the annual work programme, the general objectives as specified in Article 2 and measures taken in the different domains as specified in Articles 3 and 4;

| (b) | quality of the proposed action regarding its conception, organisation, presentation and expected results; |
| --- | --- |

(b)

quality of the proposed action regarding its conception, organisation, presentation and expected results;

| (c) | amount requested for Community financing and its appropriateness as to expected results; |
| --- | --- |

(c)

amount requested for Community financing and its appropriateness as to expected results;

| (d) | impact of the expected results on the general objectives defined in Article 2 and on measures taken in the different domains as specified in Articles 3 and 4. |
| --- | --- |

(d)

impact of the expected results on the general objectives defined in Article 2 and on measures taken in the different domains as specified in Articles 3 and 4.

5.   The applications for operating grants, referred to in Article 4(b) and (c), shall be assessed in the light of:

| — | consistency with the programme objectives; |
| --- | --- |

—

consistency with the programme objectives;

| — | quality of the planned activities; |
| --- | --- |

—

quality of the planned activities;

| — | likely multiplier effect on the public of these activities; |
| --- | --- |

—

likely multiplier effect on the public of these activities;

| — | geographic impact of the activities carried out; |
| --- | --- |

—

geographic impact of the activities carried out;

| — | citizen involvement in the organisation of the bodies concerned; |
| --- | --- |

—

citizen involvement in the organisation of the bodies concerned;

| — | cost/benefit ratio of the activity proposed. |
| --- | --- |

—

cost/benefit ratio of the activity proposed.

6.   The Decisions related to actions submitted under Article 4(b) and (c) shall be taken by the Commission in accordance with the procedure set out in Article 10(2).

7.   Pursuant to Article 113(2) of the Financial Regulation, the principle of gradual reduction shall not apply to the operating grant given to the Conference of the European Constitutional Courts and the Association of the Council of States and Supreme Administrative Jurisdictions of the European Union insofar as they pursue an objective of general European interest.

Article 10

Committee

1.   The Commission shall be assisted by a Committee (hereinafter referred to as ‘the Committee’).

2.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply.

3.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at 3 months.

4.   The Committee shall adopt its Rules of Procedure.

Article 11

Complementarity

1.   Synergies and complementarity with other Community instruments shall be sought, particularly the Framework programmes ‘Security and Safeguarding Liberties’ and ‘Solidarity and Management of Migration Flows’, as well as the programme ‘Progress’. Complementarity with the European Union Agency for Fundamental Rights, shall be secured. The statistical element of information on fundamental rights and citizenship shall be developed in collaboration with Member States, on the basis of available data using as necessary the Community Statistical Programme.

2.   The programme may share resources with other Community instruments, in particular the general programmes ‘Security and Safeguards Liberties’ and ‘Solidarity and Management of Migration Flows’ in order to implement actions meeting the objectives of all programmes.

3.   Operations financed under this Decision shall not receive assistance for the same purpose from other Community financial instruments. It shall be ensured that the beneficiaries of this Decision shall provide the Commission with information about funding received from the Community budget and from other sources, as well as information about ongoing applications for funding.

Article 12

Budgetary Resources

The budgetary resources allocated to the actions provided for in this programme shall be entered in the annual appropriations of the general budget of the European Union. The available annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.

Article 13

Monitoring

1.   The Commission shall ensure that for any action financed by the programme, the beneficiary shall submit, technical and financial reports on the progress of work. A final report shall also be submitted within three months of the completion of the action. The Commission shall determine the form and content of the reports.

2.   The Commission shall ensure that contracts and agreements resulting from the implementation of the programme will provide in particular for supervision and financial control by the Commission (or any representative authorized by it), if necessary by means of on-the-spot checks, including sample checks and audits by the Court of Auditors.

3.   The Commission shall ensure that for a period of five years following the last payment in respect of any action, the beneficiary of financial assistance shall keep available for the Commission all the supporting documents regarding expenditure on the action.

4.   On the basis of the results of the reports and sample checks referred to in paragraphs 1 and 2, the Commission shall ensure that, if necessary, the scale or the conditions of allocation of the financial assistance originally approved and also the timetable for payments will be adjusted.

5.   The Commission shall ensure that every other step necessary to verify that the actions financed are carried out properly and in compliance with the provisions of this Decision and the Financial Regulation will be taken.

Article 14

Protection of Community financial interests

1.   The Commission shall ensure that, when actions financed under the present Decision are implemented, the financial interests of the Community are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and by the recovery of the amounts unduly paid and, if irregularities are detected, by effective, proportional and dissuasive penalties, in accordance with Council Regulations (EC, Euratom) No 2988/95 and (Euratom, EC) No 2185/96, and with Regulation (EC) No 1073/1999 of the European Parliament and of the Council.

2.   For the Community actions financed under this programme, Regulation (EC, Euratom) No 2988/95 and Regulation (Euratom, EC) No 2185/96 shall apply to any infringement of a provision of Community law, including infringements of a contractual obligation stipulated on the basis of the programme, resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the European Communities or budgets managed by them, by an unjustified item of expenditure.

3.   The Commission shall ensure that the amount of financial assistance granted for an action will be reduced, suspended or recovered if it finds irregularities, including non-compliance with the provisions of this Decision or the individual decision or the contract or agreement granting the financial support in question, or if it transpires that, without Commission approval having being sought, the action has been subjected to a change which conflicts with the nature or implementing conditions of the project.

4.   If the time limits have not been observed or if only part of the allocated financial assistance is justified by the progress made with implementing an action, the Commission shall ensure that the beneficiary will submit observations within a specified period. If the beneficiary does not give a satisfactory answer, the Commission shall ensure that the remaining financial assistance and demand repayment of sums already paid might be cancelled.

5.   The Commission shall ensure that an undue payment shall be repaid to the Commission. Interest shall be added to any sums not repaid in good time under the conditions laid down by the Financial Regulation.

Article 15

Evaluation

1.   The programme will be monitored regularly in order to follow the implementation of activities carried out there under.

2.   The Commission shall ensure the regular, independent, external evaluation of the programme.

3.   The Commission shall submit to the European Parliament and the Council:

| (a) | an annual presentation on the implementation of the programme; |
| --- | --- |

(a)

an annual presentation on the implementation of the programme;

| (b) | an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of this programme, including on the work carried out by the beneficiaries of operating grants referred to in Article 4(d), no later than 31 March 2011; |
| --- | --- |

(b)

an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of this programme, including on the work carried out by the beneficiaries of operating grants referred to in Article 4(d), no later than 31 March 2011;

| (c) | a Communication on the continuation of this programme no later than 30 August 2012; |
| --- | --- |

(c)

a Communication on the continuation of this programme no later than 30 August 2012;

| (d) | an ex post evaluation report no later than 31 December 2014. |
| --- | --- |

(d)

an ex post evaluation report no later than 31 December 2014.

Article 15a

Publication of actions

Each year the Commission shall publish the list of actions financed under this programme with a short description of each project.

Article 16

Entry into force

This Decision shall take effect on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 1 January 2007.

Done at Brussels,

For the Council

The President

---

(1)  OJ C ...

1

(2)  OJ C ...

2

(3)  Proclaimed in Nice on 7 December 2000, OJ C 364, 18.12.2000, p. 1.

3

(4)  Signed in Rome on 4 November 1950.

4

(5)  COM(2003)0609, 15.10.2003.

5

(6)  OJ L 312, 23.12.1995, p. 1.

6

(7)  OJ L 292, 15.11.1996, p. 2.

7

(8)  OJ L 136, 31.5.1999, p. 1.

8

(9)  OJ L 248, 16.9.2002, p. 1.

9

(10)  OJ L 357, 31.12.2002, p. 1.

10

(11)  OJ L 184, 17.7.1999, p. 23.

11

(12)  OJ C 69, 21.3.2006.

12

P6_TA(2006)0595

Criminal justice (2007-2013) *

European Parliament legislative resolution on the proposal for a Council decision establishing for the period 2007-2013 the specific programme ‘Criminal justice’ as part of the General programme ‘Fundamental Rights and Justice’ (COM(2005)0122 — C6-0237/2005 — 2005/0039(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal (COM(2005)0122) (1), |
| --- | --- |

—

having regard to the Commission proposal (COM(2005)0122) (1),

| — | having regard to Articles 31 and 34(2)(c) of the EU Treaty, |
| --- | --- |

—

having regard to Articles 31 and 34(2)(c) of the EU Treaty,

| — | having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0237/2005), |
| --- | --- |

—

having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0237/2005),

| — | having regard to Rules 93 and 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 93 and 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Budgets (A6-0453/2006); |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Budgets (A6-0453/2006);

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 4. | Calls on the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

4.

Calls on the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

| 5. | Instructs its President to forward its position as annexed to this legislative resolution to the Council and Commission. |
| --- | --- |

5.

Instructs its President to forward its position as annexed to this legislative resolution to the Council and Commission.

---

(1)  Not yet published in OJ.

ANNEX

Amended Proposal for a Council Decision establishing for the period 2007-2013 the specific programme on ‘Criminal justice’ as part of the General programme on ‘Fundamental Rights and Justice’

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 31 and Article 34(2)(c) thereof,

Having regard to the proposal of the Commission (1),

Having regard to the opinion of the European Parliament (2),

Whereas:

| (1) | Article 29 of the Treaty of the European Union states that the Union's objective is to provide citizens with a high level of safety within an area of freedom, security and justice by developing common action among the Member States in the field of judicial cooperation in criminal matters. |
| --- | --- |

(1)

Article 29 of the Treaty of the European Union states that the Union's objective is to provide citizens with a high level of safety within an area of freedom, security and justice by developing common action among the Member States in the field of judicial cooperation in criminal matters.

| (2) | According to Article 31 of the Treaty of the European Union, common action in criminal matters shall include, in particular, cooperation between the competent authorities of the Member States. |
| --- | --- |

(2)

According to Article 31 of the Treaty of the European Union, common action in criminal matters shall include, in particular, cooperation between the competent authorities of the Member States.

| (3) | Building on the conclusions of the Tampere European Council, The Hague Programme, adopted by the European Council in November 2004, reaffirms the priority of strengthening Freedom, Security and Justice in the European Union, in particular by enhancing judicial cooperation in criminal matters, based on the mutual recognition principle. |
| --- | --- |

(3)

Building on the conclusions of the Tampere European Council, The Hague Programme, adopted by the European Council in November 2004, reaffirms the priority of strengthening Freedom, Security and Justice in the European Union, in particular by enhancing judicial cooperation in criminal matters, based on the mutual recognition principle.

| (4) | The framework programme on police and judicial cooperation in criminal matters (AGIS) established by Council Decision 2002/630/JHA of 22 July 2002 (3) contributed considerably to strengthening cooperation between police and other law enforcement agencies and the judiciary in the Member States and to improving mutual understanding and mutual trust between their police, judicial, legal and administrative systems. |
| --- | --- |

(4)

The framework programme on police and judicial cooperation in criminal matters (AGIS) established by Council Decision 2002/630/JHA of 22 July 2002 (3) contributed considerably to strengthening cooperation between police and other law enforcement agencies and the judiciary in the Member States and to improving mutual understanding and mutual trust between their police, judicial, legal and administrative systems.

| (5) | The ambitious objectives set by the Treaty and The Hague Programme should be realised through the establishment of a flexible and effective programme that will facilitate planning and implementation. |
| --- | --- |

(5)

The ambitious objectives set by the Treaty and The Hague Programme should be realised through the establishment of a flexible and effective programme that will facilitate planning and implementation.

| (6) | The programme should improve mutual confidence within the judiciary. Mutual confidence, according to the Hague Programme, should be strengthened by developing networks of judicial organisation and institutions, by improving training of judicial professions, by developing the evaluation of the implementation of EU policies in the field of justice, while fully respecting the independence of the judiciary by increasing research in the field of judicial cooperation, and by facilitating operational projects among Member States aiming at modernising justice.
  It should also facilitate the implementation of the mutual recognition principle by improving mutual knowledge on previous convictions passed in the European Union, in particular through the creation of a computerised system of exchange of information on criminal records. |
| --- | --- |

(6)

The programme should improve mutual confidence within the judiciary. Mutual confidence, according to the Hague Programme, should be strengthened by developing networks of judicial organisation and institutions, by improving training of judicial professions, by developing the evaluation of the implementation of EU policies in the field of justice, while fully respecting the independence of the judiciary by increasing research in the field of judicial cooperation, and by facilitating operational projects among Member States aiming at modernising justice.

It should also facilitate the implementation of the mutual recognition principle by improving mutual knowledge on previous convictions passed in the European Union, in particular through the creation of a computerised system of exchange of information on criminal records.

| (7) | The European Judicial Training Network founded by institutions specifically responsible for the training of the professional judiciary of all Member States promotes a training programme for judges and public prosecutors with a genuine European dimension. This contributes to strengthening the mutual confidence and improves mutual understanding between judicial authorities and different legal systems. |
| --- | --- |

(7)

The European Judicial Training Network founded by institutions specifically responsible for the training of the professional judiciary of all Member States promotes a training programme for judges and public prosecutors with a genuine European dimension. This contributes to strengthening the mutual confidence and improves mutual understanding between judicial authorities and different legal systems.

| (8) | Appropriate measures should also be taken to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used. |
| --- | --- |

(8)

Appropriate measures should also be taken to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used.

| (9) | (...) |
| --- | --- |

(9)

(...)

| (10) | Since the objectives of the Criminal Justice Programme cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the initiative, 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 on the European Community, made applicable to the Union by Article 2 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(10)

Since the objectives of the Criminal Justice Programme cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the initiative, 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 on the European Community, made applicable to the Union by Article 2 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives.

| (11) | Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (4), hereinafter ‘the Financial Regulation’, and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 (5), which safeguard the Community's financial interests, applies taking into account the principles of simplicity and consistency in the choice of budgetary instruments, a limitation on the number of cases where the Commission retains direct responsibility for their implementation and management, and the required proportionality between the amount of resources and the administrative burden related to their use. |
| --- | --- |

(11)

Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (4), hereinafter ‘the Financial Regulation’, and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 (5), which safeguard the Community's financial interests, applies taking into account the principles of simplicity and consistency in the choice of budgetary instruments, a limitation on the number of cases where the Commission retains direct responsibility for their implementation and management, and the required proportionality between the amount of resources and the administrative burden related to their use.

| (11a) | Appropriate measures should also be taken to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used in accordance with Council Regulations (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the Communities' financial interests (6), (EC, Euratom) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission (7) and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (8). |
| --- | --- |

(11a)

Appropriate measures should also be taken to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used in accordance with Council Regulations (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the Communities' financial interests (6), (EC, Euratom) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission (7) and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (8).

| (12) | The Financial Regulation requires a basic act to be adopted to cover operating grants. |
| --- | --- |

(12)

The Financial Regulation requires a basic act to be adopted to cover operating grants.

| (12a) | Bearing in mind the importance of visibility of the Community funding, the Commission should provide guidance to facilitate that any authority, nongovernmental organisation, international organisation or other entity receiving a grant under this programme properly acknowledges the support received. |
| --- | --- |

(12a)

Bearing in mind the importance of visibility of the Community funding, the Commission should provide guidance to facilitate that any authority, nongovernmental organisation, international organisation or other entity receiving a grant under this programme properly acknowledges the support received.

| (13) | The measures required to implement this Decision should be adopted according to the procedures laid down in it, with the assistance of an advisory and management committees. |
| --- | --- |

(13)

The measures required to implement this Decision should be adopted according to the procedures laid down in it, with the assistance of an advisory and management committees.

| (14) | It is appropriate to replace the Council decision establishing framework programme on police and judicial cooperation in criminal matters (AGIS) by this programme from 1 January 2007 and by the new specific programme on the Prevention of and fight against crime from the general programme on Security and Safeguarding Liberties. |
| --- | --- |

(14)

It is appropriate to replace the Council decision establishing framework programme on police and judicial cooperation in criminal matters (AGIS) by this programme from 1 January 2007 and by the new specific programme on the Prevention of and fight against crime from the general programme on Security and Safeguarding Liberties.

HAS DECIDED AS FOLLOWS:

Article 1

Creation of the programme

1.   This Decision establishes the specific programme on criminal justice, hereinafter referred to as ‘the programme’ as part of the general programme on Fundamental Rights and Justice, in order to contribute to the strengthening of the area of Freedom, Security and Justice.

2.   The programme shall cover the period from 1 January 2007 to 31 December 2013.

Article 2

General objectives

1.   This programme shall have the following general objectives:

| (a) | To promote judicial cooperation with the aim of contributing to the creation of a genuine European area of justice in criminal matters based on mutual recognition and mutual confidence. |
| --- | --- |

(a)

To promote judicial cooperation with the aim of contributing to the creation of a genuine European area of justice in criminal matters based on mutual recognition and mutual confidence.

| (b) | To promote the compatibility in rules applicable in the Member States as may be necessary to improve judicial cooperation. To promote a reduction in existing legal obstacles to the good functioning of judicial cooperation with a view to strengthening the coordination of investigations and to increase compatibility of the existing judicial systems in the Member States to the European Union with a view to providing adequate follow-up to investigations of law enforcement authorities of the Member States. |
| --- | --- |

(b)

To promote the compatibility in rules applicable in the Member States as may be necessary to improve judicial cooperation. To promote a reduction in existing legal obstacles to the good functioning of judicial cooperation with a view to strengthening the coordination of investigations and to increase compatibility of the existing judicial systems in the Member States to the European Union with a view to providing adequate follow-up to investigations of law enforcement authorities of the Member States.

| (c) | (...) |
| --- | --- |

(c)

(...)

| (d) | To improve the contacts and exchange of information and best practice between legal, judicial and administrative authorities and the legal professions: lawyers and other professionals involved in the work of the judiciary, and to foster the training of the members of the judiciary, with a view to enhancing mutual trust. |
| --- | --- |

(d)

To improve the contacts and exchange of information and best practice between legal, judicial and administrative authorities and the legal professions: lawyers and other professionals involved in the work of the judiciary, and to foster the training of the members of the judiciary, with a view to enhancing mutual trust.

| (e) | To further improve mutual trust with the view to ensuring protection of rights of victims and of defendants. |
| --- | --- |

(e)

To further improve mutual trust with the view to ensuring protection of rights of victims and of defendants.

2.   Without prejudice to the objectives and powers of the European Community, the general objectives of the programme contribute to the development of community policies, and more specifically to the creation of a judicial area.

Article 3

Specific objectives

The programme shall have the following specific objectives:

| (a) | To foster judicial cooperation in criminal matters aiming at






  — | promoting mutual recognition of judicial decisions and judgments; |
| --- | --- | --- |

(a)

To foster judicial cooperation in criminal matters aiming at

—

promoting mutual recognition of judicial decisions and judgments;

| — | eliminating obstacles created by disparities between the judicial systems of Member States and promoting the necessary approximation of substantive criminal law concerning serious crime, in particular (...) with cross border dimension; |
| --- | --- |

—

eliminating obstacles created by disparities between the judicial systems of Member States and promoting the necessary approximation of substantive criminal law concerning serious crime, in particular (...) with cross border dimension;

| — | further enhancing the establishment of minimum standards concerning aspects of procedural criminal law with the view to promoting the practical aspects of judicial cooperation; |
| --- | --- |

—

further enhancing the establishment of minimum standards concerning aspects of procedural criminal law with the view to promoting the practical aspects of judicial cooperation;

| — | guaranteeing a proper administration of justice by avoiding conflicts of jurisdiction; |
| --- | --- |

—

guaranteeing a proper administration of justice by avoiding conflicts of jurisdiction;

| — | improving the exchange of information, through the use of computerised systems, in particular information extracted from national criminal records; |
| --- | --- |

—

improving the exchange of information, through the use of computerised systems, in particular information extracted from national criminal records;

| — | promoting rights of defendants as well as social and legal assistance to victims; |
| --- | --- |

—

promoting rights of defendants as well as social and legal assistance to victims;

| — | encouraging Member States to step up cooperation with Eurojust in combating of cross-border organised and other serious crime; |
| --- | --- |

—

encouraging Member States to step up cooperation with Eurojust in combating of cross-border organised and other serious crime;

| — | promoting measures aiming at effective re-socialisation of offenders, in particular of juvenile offenders. |
| --- | --- |

—

promoting measures aiming at effective re-socialisation of offenders, in particular of juvenile offenders.

| (b) | To improve mutual knowledge of Member States' legal and judicial systems in criminal matters and to promote and strengthen networking, mutual cooperation, exchange and dissemination of information, experience and best practices. |
| --- | --- |

(b)

To improve mutual knowledge of Member States' legal and judicial systems in criminal matters and to promote and strengthen networking, mutual cooperation, exchange and dissemination of information, experience and best practices.

| (c) | To ensure the sound implementation, the correct and concrete application and the evaluation of Union instruments in the areas of judicial cooperation in criminal matters. |
| --- | --- |

(c)

To ensure the sound implementation, the correct and concrete application and the evaluation of Union instruments in the areas of judicial cooperation in criminal matters.

| (d) | To improve information on legal systems in the Member States and access to justice. |
| --- | --- |

(d)

To improve information on legal systems in the Member States and access to justice.

| (e) | To promote training in Union and Community law for the judiciary, lawyers and other professionals involved in the work of the judiciary. |
| --- | --- |

(e)

To promote training in Union and Community law for the judiciary, lawyers and other professionals involved in the work of the judiciary.

| (f) | To evaluate the general conditions necessary to develop mutual confidence by improving mutual understanding between judicial authorities and different legal systems, in particular regarding the implementation of EU policies in the field of justice. |
| --- | --- |

(f)

To evaluate the general conditions necessary to develop mutual confidence by improving mutual understanding between judicial authorities and different legal systems, in particular regarding the implementation of EU policies in the field of justice.

| (g) | To develop and implement a computerised system of exchange of information on criminal records and to support studies to develop other types of exchange of information. |
| --- | --- |

(g)

To develop and implement a computerised system of exchange of information on criminal records and to support studies to develop other types of exchange of information.

Article 4

Actions

With a view to pursuing the general and specific objectives set out in Articles 2 and 3, this programme will support under the conditions set out in the annual work programme the following types of actions:

| (a) | specific actions taken by the Commission, such as studies and research, creation and implementation of specific projects like the creation of a computerised system of exchange of information on criminal records, opinion polls and surveys, formulation of indicators and common methodologies, collection, development and dissemination of data and statistics, seminars, conferences and experts meetings, organisation of public campaigns and events, development and maintenance of websites, preparation and dissemination of information materials, support for and development of networks of national experts, analytical, monitoring and evaluation activities; or |
| --- | --- |

(a)

specific actions taken by the Commission, such as studies and research, creation and implementation of specific projects like the creation of a computerised system of exchange of information on criminal records, opinion polls and surveys, formulation of indicators and common methodologies, collection, development and dissemination of data and statistics, seminars, conferences and experts meetings, organisation of public campaigns and events, development and maintenance of websites, preparation and dissemination of information materials, support for and development of networks of national experts, analytical, monitoring and evaluation activities; or

| (b) | specific transnational projects of Union interest presented by at least two Member States or by at least one Member States and one other state which may either be an acceding or a candidate country under the conditions set out in the annual work programmes; or |
| --- | --- |

(b)

specific transnational projects of Union interest presented by at least two Member States or by at least one Member States and one other state which may either be an acceding or a candidate country under the conditions set out in the annual work programmes; or

| (c) | support for the activities of non-governmental organisations or other entities pursuing an aim of general European interest in accordance with the general objectives of the programme under the conditions set out in the annual work programmes; or |
| --- | --- |

(c)

support for the activities of non-governmental organisations or other entities pursuing an aim of general European interest in accordance with the general objectives of the programme under the conditions set out in the annual work programmes; or

| (d) | an operating grant to co-finance expenditure associated with the permanent work programme of the European Judicial Training Network which pursues an aim of general European interest in the field of training of the judiciary. |
| --- | --- |

(d)

an operating grant to co-finance expenditure associated with the permanent work programme of the European Judicial Training Network which pursues an aim of general European interest in the field of training of the judiciary.

| (e) | National projects within Member States, which






  — | prepare transnational projects and/or Union actions (‘starter measures’), |
| --- | --- | --- |

(e)

National projects within Member States, which

—

prepare transnational projects and/or Union actions (‘starter measures’),

| — | complement transnational projects and/or Union (‘complementary measures’), |
| --- | --- |

—

complement transnational projects and/or Union (‘complementary measures’),

| — | contribute to developing innovative methods and/or technologies with a potential for transferability to actions at Union level, or develop such methods or technologies with a view to transferring them to other Member States and/or other state which may either be an acceding or a candidate country. |
| --- | --- |

—

contribute to developing innovative methods and/or technologies with a potential for transferability to actions at Union level, or develop such methods or technologies with a view to transferring them to other Member States and/or other state which may either be an acceding or a candidate country.

Article 5

Target Groups

The programme is destined for inter alia, legal practitioners, representatives of victims' assistance services, and other professionals involved in the work of the judiciary, the national authorities and the citizens of the Union in general.

Article 6

Access to the programme

1.   Access to this programme shall be open to institutions and public or private organisations, including professional organisations, universities, research institutes and legal and judicial training/further training institutes for legal practitioners, non-governmental organisations of the Member States. Bodies and organisations which are profit oriented will have access to the programme only in conjunction with non profit oriented or state organisations.

‘Legal practitioners’ means, inter alia, judges, prosecutors, advocates, solicitors, ministry officials, court officers, bailiffs, court interpreters and other professionals involved in the work of the judiciary in the area of criminal law.

2.   Transnational projects may not be presented by third countries or by international organisations but they may participate as partners.

Article 7

Types of intervention

1.   Community funding may take the following legal forms:

| (a) | grants, |
| --- | --- |

(a)

grants,

| (b) | public procurement contracts. |
| --- | --- |

(b)

public procurement contracts.

2.   Community grants shall normally be awarded further to calls for proposals, save in duly substantiated exceptional cases of urgency or where the characteristics of the beneficiary leave no other choice for a given action, and shall be provided through operating grants and grants for actions.

The maximum rate of co-financing of the costs of the projects will be specified in the annual work programmes.

3.   Furthermore, provision is made for expenditure for accompanying measures, through public procurement contracts, in which case Community funds will cover the purchase of services and goods. This will cover, inter alia, expenditure on information and communication, preparation, implementation, monitoring, checking and evaluation of projects, policies, programmes and legislation.

Article 8

Implementing measures

1.   The Commission shall implement the Community assistance in accordance with the Financial Regulation applicable to the general budget of the European Communities.

2.   To implement the programme, the Commission shall, within the limits of the general objectives set out in Article 2, adopt an annual work programme, by the end of September specifying its specific objectives, thematic priorities, a description of accompanying measures envisaged in Article 7(3) and if necessary a list of other actions.

The annual work programme for 2007 shall be adopted three months after the entry into force (...) of this instrument.

3.   The annual work programme shall be adopted in accordance with the procedure referred to in Article 10 bis.

4.   The evaluation and award procedures relating to grants for actions shall take into account, inter alia, the following criteria:

| (a) | conformity with the annual work programme, the general objectives as specified in Article 2 and measures taken in the different domains as specified in Articles 3 and 4; |
| --- | --- |

(a)

conformity with the annual work programme, the general objectives as specified in Article 2 and measures taken in the different domains as specified in Articles 3 and 4;

| (b) | quality of the proposed action regarding its conception, organisation, presentation and expected results; |
| --- | --- |

(b)

quality of the proposed action regarding its conception, organisation, presentation and expected results;

| (c) | amount requested for community financing and its appropriateness as to expected results; |
| --- | --- |

(c)

amount requested for community financing and its appropriateness as to expected results;

| (d) | impact of the expected results on the general objectives defined in Article 2 and on measures taken in the different domains as specified in Articles 3 and 4. |
| --- | --- |

(d)

impact of the expected results on the general objectives defined in Article 2 and on measures taken in the different domains as specified in Articles 3 and 4.

5.   The applications for operating grants, referred to in Article 4(c) and (d), shall be assessed in the light of:

| 1. | consistency with the programme objectives; |
| --- | --- |

1.

consistency with the programme objectives;

| 2. | quality of the planned activities; |
| --- | --- |

2.

quality of the planned activities;

| 3. | likely multiplier effect on the public of these activities; |
| --- | --- |

3.

likely multiplier effect on the public of these activities;

| 4. | geographic impact of the activities carried out; |
| --- | --- |

4.

geographic impact of the activities carried out;

| 5. | citizen involvement in the organisation of the bodies concerned; |
| --- | --- |

5.

citizen involvement in the organisation of the bodies concerned;

| 6. | cost/benefit ratio of the activity proposed. |
| --- | --- |

6.

cost/benefit ratio of the activity proposed.

5a.   Decisions related to actions submitted under Article 4(1)(a) shall be adopted by the Commission in accordance with the management procedure referred to in Article 10 bis. Decisions related to actions submitted under 4(1)(b), (c), (d), (e) shall be adopted by the Commission in accordance with the advisory procedure referred to in Article 10.

Decisions on applications for grants involving (...) profit-oriented bodies or organisations shall be adopted by the Commission in accordance with the management procedure referred to in Article 10 bis.

6.   Pursuant to Article 113(2) of the Financial Regulation, the principle of gradual reduction shall not apply to the operating grant given to the European Judicial Training Network since it pursues an objective of general European interest.

Article 9

Committee

1.   The Commission shall be assisted by a committee, composed of representatives of the Member States and chaired by the representative of the Commission, hereinafter referred to as the ‘Committee’.

2.   The committee shall adopt its Rules of Procedure.

3.   The Commission may invite representatives from the applicant countries to information meetings after the Committee's meetings.

Article 10

Advisory procedure

1.   Where reference is made to this Article, the representative of the Commission shall submit to the committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time limit which the chair may lay down according to the urgency of the matter, if necessary by taking a vote.

2.   The opinion shall be recorded in the minutes; each Member State may request that its position be recorded in the minutes.

3.   The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which the opinion has been taken into account.

Article 10 bis

Management procedure

1.   Where reference is made to this Article, the representative of the Commission shall submit to the committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time limit which the chair may lay down according to the urgency of the matter. In the case of decisions which the Council is required to adopt on a proposal from the Commission, the opinion shall be delivered by the majority laid down in Article 205(2) of the Treaty establishing the European Community. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chair shall not vote.

2.   The Commission shall adopt measures which shall apply immediately. However, if the measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In that event, the Commission may defer application of the measures which it has decided on for a period of three months from the date of such communication.

3.   The Council, acting by qualified majority, may take a different decision within the period provided for by paragraph 2.

Article 11

Complementarity

1.   Synergies and complementarity with other Community instruments will be sought, particularly the specific programme on civil justice under the general programme on Fundamental Rights and Justice, and the general programmes on Security and Safeguarding Liberties and Solidarity and Management of Migration Flows. The statistical element of information on criminal justice will be developed in collaboration with Member States, using as necessary the Community Statistical Programme.

2.   The programme may share resources with other Community instruments, in particular the specific programme on civil justice under the general programme on Fundamental rights and Justice in order to implement actions meeting the objectives of both programmes.

3.   Operations financed under this Decision shall not receive assistance for the same purpose from other Community financial instruments. It shall be ensured that the beneficiaries of this Decision shall provide the Commission with information about funding received from the Community budget and from other sources, as well as information about ongoing applications for funding.

Article 12

Budgetary Resources

The budgetary resources allocated to the actions provided for in this programme shall be entered in the annual appropriations of the general budget of the European Union. The available annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspectives.

Article 13

Monitoring

1.   The Commission shall ensure that for any action financed by the programme, the beneficiary shall submit technical and financial reports on the progress of work and that a final report shall be submitted within three months of the completion of the action. The Commission shall determine the form and structure of the reports.

2.   (...)

3.   The Commission shall ensure that the contracts and agreements resulting from the implementation of the programme will provide in particular for supervision and financial control by the Commission (or any representative authorized by it), if necessary by means of on-the-spot checks, including sample checks, and audits by the Court of Auditors.

4.   The Commission shall ensure that for a period of five years following the last payment in respect of any action, the beneficiary of financial assistance shall keep available for the Commission all the supporting documents regarding expenditure on the action.

5.   On the basis of the results of the reports and sample checks referred to in paragraphs 1 and 2, the Commission shall ensure that, if necessary, the scale or the conditions of allocation of the financial assistance originally approved and also the timetable for payments will be adjusted.

6.   The Commission shall ensure that every other step necessary to verify that the actions financed are carried out properly and in compliance with the provisions of this Decision and the Financial Regulation will be taken.

Article 14

Protection of Community financial interests

1.   The Commission shall ensure that, when actions financed under the present Decision are implemented, the financial interests of the Community are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and by the recovery of the amounts unduly paid and, if irregularities are detected, by effective, proportional and dissuasive penalties, in accordance with Council Regulations (EC, Euratom) No 2988/95 and (EC, Euratom) No 2185/96, and with Regulation (EC) No 1073/1999 of the European Parliament and of the Council.

2.   For the Community actions financed under this programme, Regulation (EC, Euratom) No 2988/95 and Regulation (EC, Euratom) No 2185/96 shall apply to any infringement of a provision of Community law, including infringements of a contractual obligation stipulated on the basis of the programme, resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the European Communities or budgets managed by them by an unjustified item of expenditure.

3.   The Commission shall ensure that the amount of financial assistance granted for an action will be reduced, suspended or recovered, if it finds irregularities, including non-compliance with the provisions of this Decision or the individual decision or the contract or agreement granting the financial support in question, or if it transpires that, without Commission approval having been sought, the action has been subjected to a change which conflicts with the nature or implementing conditions of the project.

4.   If the time limits have not been observed or if only part of the allocated financial assistance is justified by the progress made with implementing an action, the Commission shall ensure that the beneficiary will be requested to submit observations within a specified period. If the beneficiary does not give a satisfactory answer, the Commission shall ensure that the remaining financial assistance might be cancelled and repayment of sums already paid demanded.

5.   The Commission shall ensure that any undue payment shall be repaid to the Commission. Interest shall be added to any sums not repaid in good time under the conditions laid down by the Financial Regulation.

Article 15

Evaluation

1.   The programme will be monitored regularly in order to follow the implementation of activities carried out under this programme.

2.   The Commission shall ensure the regular, independent, external evaluation of the programme.

3.   The Commission shall submit to the European Parliament and the Council:

| (-a) | an annual presentation on the implementation of the programme; |
| --- | --- |

(-a)

an annual presentation on the implementation of the programme;

| (a) | an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of this programme no later than 31 March 2011; |
| --- | --- |

(a)

an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of this programme no later than 31 March 2011;

| (b) | a Communication on the continuation of this programme no later than 30 August 2012; |
| --- | --- |

(b)

a Communication on the continuation of this programme no later than 30 August 2012;

| (c) | an ex post evaluation report no later than 31 December 2014. |
| --- | --- |

(c)

an ex post evaluation report no later than 31 December 2014.

Article 15a

Publication of actions

Each year the Commission shall publish the list of actions financed under this programme with a short description of each project.

Article 15b

Visibility

The Commission shall lay down guidelines to ensure the visibility of the funding granted under this Decision.

Article 16

Transitional measures

This Decision shall, from 1 January 2007, replace the corresponding provisions of the Council Decision of 22 July 2002 establishing a framework programme on police and judicial cooperation in criminal matters (AGIS).

Actions started before 31 December 2006 pursuant to that Decision shall continue to be governed, until their completion, by that Decision. The committee provided for in Article 7 thereof shall be replaced by the one provided for in Article 10 of the present Decision.

Article 17

Entry into force

This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 1 January 2007, with the exception of Articles 8(2)(3) and 10 bis that shall apply at the date when the present Decision shall take effect.

Done at Brussels,

For the Council

The President

---

(1)  OJ C ...

1

(2)  OJ C ...

2

(3)  OJ L 203, 1.8.2002, p. 1.

3

(4)  OJ L 248, 16.9.2002, p. 1.

4

(5)  OJ L 357, 31.12.2002, p. 1.

5

(6)  OJ L 312, 23.12.1995, p. 1.

6

(7)  OJ L 292, 15.11.1996, p. 2.

7

(8)  OJ L 136, 31.5.1999, p. 1.

8

P6_TA(2006)0596

Prevention of and Fight against Crime (Programme on Security and Safeguarding Liberties) *

European Parliament legislative resolution on the proposal for a Council decision establishing the Specific Programme ‘Prevention of and Fight against Crime’ for the period 2007-2013, General Programme ‘Security and Safeguarding Liberties’ (COM(2005)0124 — C6-0242/2005 — 2005/0035(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal (COM(2005)0124) (1), |
| --- | --- |

—

having regard to the Commission proposal (COM(2005)0124) (1),

| — | having regard to Article 34(2)(c) of the EU Treaty, |
| --- | --- |

—

having regard to Article 34(2)(c) of the EU Treaty,

| — | having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0242/2005), |
| --- | --- |

—

having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0242/2005),

| — | having regard to Rules 93 and 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 93 and 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Budgets (A6-0389/2006); |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Budgets (A6-0389/2006);

| 1. | Approves the proposal as amended; |
| --- | --- |

1.

Approves the proposal as amended;

| 2. | Considers that the indicative financial reference amount indicated in the legislative proposal must be compatible with the ceiling of heading 3 A of the new multi-annual Financial Framework and points out that the annual amount will be decided within the annual budgetary procedure in accordance with the provisions of point 38 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management of 17 May 2006 (2); |
| --- | --- |

2.

Considers that the indicative financial reference amount indicated in the legislative proposal must be compatible with the ceiling of heading 3 A of the new multi-annual Financial Framework and points out that the annual amount will be decided within the annual budgetary procedure in accordance with the provisions of point 38 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management of 17 May 2006 (2);

| 3. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
| --- | --- |

3.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

| 4. | Calls on the Council to notify Parliament again if it intends to depart from the text approved by Parliament; |
| --- | --- |

4.

Calls on the Council to notify Parliament again if it intends to depart from the text approved by Parliament;

| 5. | Calls on the Council to consult Parliament if it intends to amend the Commission proposal substantially; |
| --- | --- |

5.

Calls on the Council to consult Parliament if it intends to amend the Commission proposal substantially;

| 6. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

6.

Instructs its President to forward its position to the Council and Commission.

| (1) | The Union's objective of providing citizens with a high level of safety within an area of freedom, security and justice shall be achieved, as provided for in the fourth indent of Article 2, and in Article 29 of the Treaty on European Union, by preventing and combating crime, organised or otherwise. |
| --- | --- |

(1)

The Union's objective of providing citizens with a high level of safety within an area of freedom, security and justice shall be achieved, as provided for in the fourth indent of Article 2, and in Article 29 of the Treaty on European Union, by preventing and combating crime, organised or otherwise.

| (1) | The Union's
  priority
  objective of providing citizens with a high level of safety within an area of freedom, security and justice shall be achieved, as provided for in the fourth indent of Article 2, and in Article 29 of the Treaty on European Union, by preventing and combating crime, organised or otherwise. |
| --- | --- |

(1)

The Union's
  priority
  objective of providing citizens with a high level of safety within an area of freedom, security and justice shall be achieved, as provided for in the fourth indent of Article 2, and in Article 29 of the Treaty on European Union, by preventing and combating crime, organised or otherwise.

| (2) | To protect the freedom and security of our citizens and society from criminal activities, the Union must take the necessary measures to prevent, detect, investigate, and prosecute all forms of crime efficiently and effectively, most particularly in cases
  with a trans-border element. |
| --- | --- |

(2)

To protect the freedom and security of our citizens and society from criminal activities, the Union must take the necessary measures to prevent, detect, investigate, and prosecute all forms of crime efficiently and effectively, most particularly in cases
  with a trans-border element.

| (2) | To protect the freedom and security of our citizens and society from criminal activities, the Union must take the necessary measures to prevent, detect, investigate, and prosecute all forms of crime efficiently and effectively, most particularly in cases
  of organised crime. |
| --- | --- |

(2)

To protect the freedom and security of our citizens and society from criminal activities, the Union must take the necessary measures to prevent, detect, investigate, and prosecute all forms of crime efficiently and effectively, most particularly in cases
  of organised crime.

| (5) | It is necessary and appropriate to extend the possibilities for funding of measures aiming at the prevention of and the fight against crime
  , and to
  review the modalities in the interest of efficacy, cost-efficiency and transparency. |
| --- | --- |

(5)

It is necessary and appropriate to extend the possibilities for funding of measures aiming at the prevention of and the fight against crime
  , and to
  review the modalities in the interest of efficacy, cost-efficiency and transparency.

| (5) | It is necessary and appropriate to extend the possibilities for funding of measures aiming at the prevention of and the fight against crime
  . Efforts will be made in particular to make the best possible use of the relevant agencies by means of a capacity-building approach focusing on directly operational aspects. The provisions of this programme should, furthermore, enable a
  review
  to be made of
  the modalities in the interest of efficacy, cost-efficiency and transparency. |
| --- | --- |

(5)

It is necessary and appropriate to extend the possibilities for funding of measures aiming at the prevention of and the fight against crime
  . Efforts will be made in particular to make the best possible use of the relevant agencies by means of a capacity-building approach focusing on directly operational aspects. The provisions of this programme should, furthermore, enable a
  review
  to be made of
  the modalities in the interest of efficacy, cost-efficiency and transparency.

| (9) | Since the objectives of the action to be taken, particularly the prevention of and the fight against organised and transborder crime, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or impact of the initiative,
  be better achieved
  at the Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set up in Article 5 of the Treaty establishing the European Community. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary to achieve those objectives. |
| --- | --- |

(9)

Since the objectives of the action to be taken, particularly the prevention of and the fight against organised and transborder crime, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or impact of the initiative,
  be better achieved
  at the Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set up in Article 5 of the Treaty establishing the European Community. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary to achieve those objectives.

| (9) | Since the objectives of the action to be taken, particularly the prevention of and the fight against organised and transborder crime, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or impact of the initiative,
  require action
  at the Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set up in Article 5 of the Treaty establishing the European Community. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary to achieve those objectives. |
| --- | --- |

(9)

Since the objectives of the action to be taken, particularly the prevention of and the fight against organised and transborder crime, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or impact of the initiative,
  require action
  at the Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set up in Article 5 of the Treaty establishing the European Community. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary to achieve those objectives.

| (11) | The expenditure of the programme should be compatible with the ceiling under Heading 3 of the financial perspective. It is necessary to foresee flexibility in the definition of the programme to allow for eventual adjustments in any envisaged actions, in order to respond to the evolution of needs in the course of the period 2007-2013.
  The decision should, therefore, be limited to the generic definition of envisaged actions and their respective administrative and financial arrangements. |
| --- | --- |

(11)

The expenditure of the programme should be compatible with the ceiling under Heading 3 of the financial perspective. It is necessary to foresee flexibility in the definition of the programme to allow for eventual adjustments in any envisaged actions, in order to respond to the evolution of needs in the course of the period 2007-2013.
  The decision should, therefore, be limited to the generic definition of envisaged actions and their respective administrative and financial arrangements.

| (11) | The expenditure of the programme should be compatible with the ceiling under Heading 3 A of the financial framework. It is necessary to foresee flexibility in the definition of the programme to allow for eventual adjustments in any envisaged actions, in order to respond to the evolution of needs in the course of the period 2007-2013. |
| --- | --- |

(11)

The expenditure of the programme should be compatible with the ceiling under Heading 3 A of the financial framework. It is necessary to foresee flexibility in the definition of the programme to allow for eventual adjustments in any envisaged actions, in order to respond to the evolution of needs in the course of the period 2007-2013.

| (a) | law enforcement |
| --- | --- |

(a)

law enforcement

| (b) | crime prevention and criminology |
| --- | --- |

(b)

crime prevention and criminology

| (a) | crime prevention and criminology |
| --- | --- |

(a)

crime prevention and criminology

| (b) | law enforcement aimed at countering criminal activity and preventing criminals from enjoying the proceeds of their criminal activities |
| --- | --- |

(b)

law enforcement aimed at countering criminal activity and preventing criminals from enjoying the proceeds of their criminal activities

| (a) | to promote and develop coordination, cooperation and mutual understanding among law enforcement agencies, other national authorities and related Union bodies; |
| --- | --- |

(a)

to promote and develop coordination, cooperation and mutual understanding among law enforcement agencies, other national authorities and related Union bodies;

| (a) | to promote and develop coordination, cooperation and mutual understanding among law enforcement agencies, other national
  , regional and local
  authorities
  ,
  and related Union bodies
  , inter alia, by rationalising their work, enhancing their interoperability, fostering an increase in the number of Joint Investigation Teams coordinated by Europol and of counter-terrorism training and awareness-raising exercises based on cooperation between Cepol and Europol
  ; |
| --- | --- |

(a)

to promote and develop coordination, cooperation and mutual understanding among law enforcement agencies, other national
  , regional and local
  authorities
  ,
  and related Union bodies
  , inter alia, by rationalising their work, enhancing their interoperability, fostering an increase in the number of Joint Investigation Teams coordinated by Europol and of counter-terrorism training and awareness-raising exercises based on cooperation between Cepol and Europol
  ;

| (b) | to stimulate, promote and develop horizontal methods and tools necessary for strategically preventing and fighting crime, such as public-private partnerships, best practices in crime prevention, comparable statistics and applied criminology, and |
| --- | --- |

(b)

to stimulate, promote and develop horizontal methods and tools necessary for strategically preventing and fighting crime, such as public-private partnerships, best practices in crime prevention, comparable statistics and applied criminology, and

| (b) | to stimulate, promote and develop horizontal methods and tools
  and the standardisation of the procedures
  necessary for strategically preventing and fighting crime, such as public-private partnerships
  (in strict compliance with current and future provisions in areas as sensitive as data retention and protection)
  , best practices in crime prevention, comparable statistics and applied criminology
  , inter alia through the development of an independent benchmarking tool,
  and |
| --- | --- |

(b)

to stimulate, promote and develop horizontal methods and tools
  and the standardisation of the procedures
  necessary for strategically preventing and fighting crime, such as public-private partnerships
  (in strict compliance with current and future provisions in areas as sensitive as data retention and protection)
  , best practices in crime prevention, comparable statistics and applied criminology
  , inter alia through the development of an independent benchmarking tool,
  and

| (c) | to promote and develop best practices for the protection of crime victims and witnesses. |
| --- | --- |

(c)

to promote and develop best practices for the protection of crime victims and witnesses.

| (c) | to promote and develop best practices for the protection of crime victims and witnesses
  , inter alia by laying the foundations for a permanent compensation fund over and above the various national systems, to provide a guaranteed common minimum level of protection and compensation; |
| --- | --- |

(c)

to promote and develop best practices for the protection of crime victims and witnesses
  , inter alia by laying the foundations for a permanent compensation fund over and above the various national systems, to provide a guaranteed common minimum level of protection and compensation;

| (ca) | to promote, within suitable projects, the concept of ‘citizens' involvement’ and to foster initiatives based on the active involvement of civil society and its actors in improving overall security. |
| --- | --- |

(ca)

3.   The programme does not deal with judicial cooperation. However, it may cover actions aiming at cooperation among judicial authorities and law enforcement authorities.

3.   The programme does not deal with judicial cooperation. However, it may cover actions aiming at cooperation among judicial authorities and law enforcement authorities
  and involving, inter alia, the establishment under the cooperation arrangements between Europol and Eurojust of a permanent emergency legal assistance unit responsible for determining, on the basis of the situation leading to the referral, which legal basis may be used to extend police and/or security service operations in full compliance with the law
  .

1.   The programme is destined for law enforcement agencies, other public and/or private bodies, actors and institutions, including local, regional and national authorities, social partners, universities, statistical offices, media, non-governmental organisations,
  public-private partnerships and
  relevant international bodies.

1.   The programme is destined for law enforcement agencies, other public and/or private bodies, actors and institutions, including local, regional and national authorities, social partners, universities, statistical offices, media, non-governmental organisations, relevant international bodies
  and public-private partnerships, provided that the latter are restricted to the context of the thematic areas referred to in Article 3, paragraph 1, points (b) and (c), and are subject to strict control from the point of view of respect for fundamental rights, including the right to personal data protection.

1.   Union financial support may take the following legal forms:

| (a) | Grants, |
| --- | --- |

(a)

Grants,

| (b) | Public procurement contracts. |
| --- | --- |

(b)

Public procurement contracts.

1.   Union financial support may take the following legal forms
  within the meaning of Articles 108 and 88 of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002, (hereafter ‘the Financial Regulation’)
  :

| (a) | Grants, |
| --- | --- |

(a)

Grants,

| (b) | Public procurement contracts. |
| --- | --- |

(b)

Public procurement contracts.

2a.
     
  Access to funding shall be facilitated by the application of the principle of proportionality as regards the documents to be supplied and by the creation of a database for the submission of applications.

3a.
     
  The Commission shall, as far as possible, simplify procedures and ensure that calls for proposals provided for in this programme do not entail a bureaucratic burden for promoters of the projects proposed. Calls for proposals may, where appropriate, be organised in two stages, the first of which would only require information that was strictly necessary for a proper assessment of the project to be sent.

| (d) | geographic impact of the activities carried out; |
| --- | --- |

(d)

geographic impact of the activities carried out;

| (d) | geographic
  and social
  impact of the activities carried out; |
| --- | --- |

(d)

geographic
  and social
  impact of the activities carried out;

1.
     Where reference is made to this Article,
  the representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time limit which the Chair may lay down according to the urgency of the matter, if necessary by taking a vote.

2.
     
  The opinion shall be recorded in the minutes; each Member State may request that its position be recorded in the minutes.

3.
     
  The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which the opinion has been taken into account.

Where reference is made to this Article,
  Articles 3 and 7 of Council Decision 1999/468/EC.

1a.
     
  The Commission shall ensure that the actions provided for under this Decision are subject to ex ante evaluation, monitoring and ex post evaluation. It shall ensure that the programme is accessible and is implemented in a transparent manner.

2.   The Commission shall ensure regular, independent and external evaluation of the programme.

2.   The Commission shall ensure regular, independent and external evaluation of the programme.
  It shall also hold regular exchanges of views with programme beneficiaries on the design, implementation and follow-up of the programme.

3.   The Commission shall submit to the European Parliament
  and
  the Council:

| (a) | an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of this programme
  no later than 31 March 2010
  ; |
| --- | --- |

(a)

an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of this programme
  no later than 31 March 2010
  ;

| (b) | a Communication on the continuation of the programme
  no later than 31 December 2010
  ; |
| --- | --- |

(b)

a Communication on the continuation of the programme
  no later than 31 December 2010
  ;

| (c) | an
  ex-post evaluation report
  no later than 31 March 2015
  . |
| --- | --- |

(c)

an
  ex-post evaluation report
  no later than 31 March 2015
  .

3.   The Commission shall submit to the European Parliament, the Council
  , the European Economic and Social Committee, the Committee of the Regions and the national parliaments
  :

| (-a) | succinct yearly reports including such information as is necessary to measure the programme's success in quantitative terms; |
| --- | --- |

(-a)

succinct yearly reports including such information as is necessary to measure the programme's success in quantitative terms;

| (a) | three years after adoption of this Decision,
  an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of this programme; |
| --- | --- |

(a)

three years after adoption of this Decision,
  an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of this programme;

| (b) | four years after adoption of this Decision,
  a Communication on the continuation of the programme; |
| --- | --- |

(b)

four years after adoption of this Decision,
  a Communication on the continuation of the programme;

| (c) | no later than 31 March 2015, a detailed
  ex-post evaluation report
  on the implementation and outcome of the programme after its completion
  . |
| --- | --- |

(c)

no later than 31 March 2015, a detailed
  ex-post evaluation report
  on the implementation and outcome of the programme after its completion
  .

Article 14a

Equal treatment

Organisations in receipt of an operating grant by virtue of this programme may take part in calls for proposals for other programmes, without however being entitled to preferential treatment vis-à-vis other organisations financed from budgets other than that of the EU.

Article 14b

Acknowledgement of funding

All institutions, association or activities in receipt of a grant under this programme have the obligation to acknowledge the support granted by the European Union. To this end the Commission shall lay down detailed visibility guidelines.

Article 14c

Dissemination of results

With a view to fostering the dissemination of results, the tools generated by the projects funded under this programme and relating in particular to crime statistics and data shall be made available to the public free of charge by electronic means.

Article 14d

Publication of projects

Each year, the Commission, together with the Member States, shall publish a list of the projects financed under this programme, with a short description of each project.

---

(1)  Not yet published in OJ.

(2)  OJ C 139, 14.6.2006, p. 1.

P6_TA(2006)0597

Development of the second generation Schengen Information System (SIS II) (regulation) *

European Parliament legislative resolution on the proposal for a Council Regulation amending Regulation (EC) No 2424/2001 on the development of the second generation Schengen Information System (SIS II) (COM(2006)0383 — C6-0296/2006 — 2006/0125(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2006)0383) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2006)0383) (1),

| — | having regard to Article 66 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0296/2006), |
| --- | --- |

—

having regard to Article 66 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0296/2006),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0410/2006); |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0410/2006);

| 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(2006)0598

Development of the second generation Schengen Information System (SIS II) (decision) *

European Parliament legislative resolution on the proposal for a Council decision amending Decision 2001/886/JHA on the development of the second generation Schengen Information System (SIS II) (COM(2006)0383 — C6-0297/2006 — 2006/0126(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal (COM(2006)0383) (1), |
| --- | --- |

—

having regard to the Commission proposal (COM(2006)0383) (1),

| — | having regard to Article 30(1)(a) and (b), Article 31(1)(a) and (b) and Article 34(2)(c) of the EU Treaty, |
| --- | --- |

—

having regard to Article 30(1)(a) and (b), Article 31(1)(a) and (b) and Article 34(2)(c) of the EU Treaty,

| — | having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0297/2006), |
| --- | --- |

—

having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0297/2006),

| — | having regard to Rules 93 and 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 93 and 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0413/2006); |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0413/2006);

| 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. | Calls on the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

3.

Calls on 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(2006)0599

Nuclear Safety and Security Assistance *

European Parliament legislative resolution on the draft Council regulation establishing an Instrument for Nuclear Safety and Security Assistance (9037/2006 — C6-0153/2006 — 2006/0802(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the text of the Council (9037/2006), |
| --- | --- |

—

having regard to the text of the Council (9037/2006),

| — | having regard to the Commission proposal to the Council (COM(2004)0630) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2004)0630) (1),

| — | having regard to Article 177 of the Treaty establishing the European Atomic Energy Community and Article 203 thereof, pursuant to which the Council consulted Parliament (C6-0153/2006), |
| --- | --- |

—

having regard to Article 177 of the Treaty establishing the European Atomic Energy Community and Article 203 thereof, pursuant to which the Council consulted Parliament (C6-0153/2006),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on Foreign Affairs, the Committee on the Environment, Public Health and Food Safety and the Committee on Budgets (A6-0397/2006); |
| --- | --- |

—

having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on Foreign Affairs, the Committee on the Environment, Public Health and Food Safety and the Committee on Budgets (A6-0397/2006);

| 1. | Approves the Council text as amended; |
| --- | --- |

1.

Approves the Council text as amended;

| 2. | Considers that the indicative reference amount indicated in the legislative text must be compatible with the ceiling of heading 4 of the new multiannual financial framework and points out that the annual amount will be decided within the annual budgetary procedure in accordance with the provisions of point 38 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management of 17 May 2006 (2); |
| --- | --- |

2.

Considers that the indicative reference amount indicated in the legislative text must be compatible with the ceiling of heading 4 of the new multiannual financial framework and points out that the annual amount will be decided within the annual budgetary procedure in accordance with the provisions of point 38 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management of 17 May 2006 (2);

| 3. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 119, second paragraph, of the Euratom Treaty; |
| --- | --- |

3.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 119, second paragraph, of the Euratom Treaty;

| 4. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

4.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 5. | Asks the Council to consult Parliament again if it intends to amend the text submitted for consultation substantially; |
| --- | --- |

5.

Asks the Council to consult Parliament again if it intends to amend the text submitted for consultation substantially;

| 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) | The European Community is a major provider of economic, financial, technical, humanitarian and macro-economic assistance to third countries. In order to make the European Community's external aid more effective, a new framework has been devised for the planning and provision of assistance. Regulation (EC) No ... of the Council of ... will set up a Pre-Accession Instrument to cover Community assistance for candidate countries and potential candidate countries. Regulation (EC) No ... of the European Parliament and of the Council of ... will introduce a European Neighbourhood and Partnership Instrument. Regulation (EC) No ... of the European Parliament and of the Council of ... is aimed at development cooperation
  and
  economic cooperation with the other third countries. Regulation (EC) No ... of the European Parliament and of the Council of ... will set up an Instrument for Stability. The present Regulation is a complementary instrument aimed at supporting efforts to enhance nuclear safety and the application of efficient and effective safeguards of nuclear materials in third countries. |
| --- | --- |

(1)

The European Community is a major provider of economic, financial, technical, humanitarian and macro-economic assistance to third countries. In order to make the European Community's external aid more effective, a new framework has been devised for the planning and provision of assistance. Regulation (EC) No ... of the Council of ... will set up a Pre-Accession Instrument to cover Community assistance for candidate countries and potential candidate countries. Regulation (EC) No ... of the European Parliament and of the Council of ... will introduce a European Neighbourhood and Partnership Instrument. Regulation (EC) No ... of the European Parliament and of the Council of ... is aimed at development cooperation
  and
  economic cooperation with the other third countries. Regulation (EC) No ... of the European Parliament and of the Council of ... will set up an Instrument for Stability. The present Regulation is a complementary instrument aimed at supporting efforts to enhance nuclear safety and the application of efficient and effective safeguards of nuclear materials in third countries.

| (1) | The European Community is a major provider of economic, financial, technical, humanitarian and macro-economic assistance to third countries. In order to make the European Community's external aid more effective, a new framework has been devised for the planning and provision of assistance. Regulation (EC) No ... of the Council of ... will set up a Pre-Accession Instrument to cover Community assistance for candidate countries and potential candidate countries. Regulation (EC) No ... of the European Parliament and of the Council of ... will introduce a European Neighbourhood and Partnership Instrument. Regulation (EC) No ... of the European Parliament and of the Council of ... is aimed at development cooperation
  with third countries (3). Council Regulation (EC) No ... of ... promotes
  economic cooperation with the other third countries. Regulation (EC) No ... of the European Parliament and of the Council of ... will set up an Instrument for Stability.
  Regulation (EC) No ... of the European Parliament and of the Council of ... establishes a financing instrument for the promotion of democracy and human rights worldwide (EIDHR)

   (4). The present Regulation is a complementary instrument aimed at supporting efforts to enhance nuclear safety and the application of efficient and effective safeguards of nuclear materials in third countries. |
| --- | --- |

(1)

The European Community is a major provider of economic, financial, technical, humanitarian and macro-economic assistance to third countries. In order to make the European Community's external aid more effective, a new framework has been devised for the planning and provision of assistance. Regulation (EC) No ... of the Council of ... will set up a Pre-Accession Instrument to cover Community assistance for candidate countries and potential candidate countries. Regulation (EC) No ... of the European Parliament and of the Council of ... will introduce a European Neighbourhood and Partnership Instrument. Regulation (EC) No ... of the European Parliament and of the Council of ... is aimed at development cooperation
  with third countries (3). Council Regulation (EC) No ... of ... promotes
  economic cooperation with the other third countries. Regulation (EC) No ... of the European Parliament and of the Council of ... will set up an Instrument for Stability.
  Regulation (EC) No ... of the European Parliament and of the Council of ... establishes a financing instrument for the promotion of democracy and human rights worldwide (EIDHR)

   (4). The present Regulation is a complementary instrument aimed at supporting efforts to enhance nuclear safety and the application of efficient and effective safeguards of nuclear materials in third countries.

| (2a) | The growing availability of nuclear material increases the risk of nuclear weaponry proliferation and therefore has clear nuclear safety implications which should be addressed by the present instrument. |
| --- | --- |

(2a)

The growing availability of nuclear material increases the risk of nuclear weaponry proliferation and therefore has clear nuclear safety implications which should be addressed by the present instrument.

| (3a) | It is of fundamental importance that the confidentiality of information on nuclear and radiological safety, which must be precise and corroborated, be guaranteed, particularly as regards information which could be of major interest to terrorists
  . |
| --- | --- |

(3a)

It is of fundamental importance that the confidentiality of information on nuclear and radiological safety, which must be precise and corroborated, be guaranteed, particularly as regards information which could be of major interest to terrorists
  .

| (4) | The Community already pursues a close cooperation, in accordance with Chapter X of the Treaty, with the International Atomic Energy Agency, both in relation to nuclear safeguards (in furtherance of the objectives of Chapter VII of Part Two of the Treaty), and in relation to nuclear safety. |
| --- | --- |

(4)

The Community already pursues a close cooperation, in accordance with Chapter X of the Treaty, with the International Atomic Energy Agency, both in relation to nuclear safeguards (in furtherance of the objectives of Chapter VII of Part Two of the Treaty), and in relation to nuclear safety.

| (4) | The Community already pursues close cooperation, in accordance with Chapter 10 of Title II of the Treaty, with the International Atomic Energy Agency, both in relation to nuclear safeguards (in furtherance of the objectives of Chapter 7 of Title II of the Treaty), and in relation to nuclear safety.
  In this context, the Community is actively supporting the drafting of a code of conduct for an international nuclear incident warning system under the aegis of the International Atomic Energy Agency. |
| --- | --- |

(4)

The Community already pursues close cooperation, in accordance with Chapter 10 of Title II of the Treaty, with the International Atomic Energy Agency, both in relation to nuclear safeguards (in furtherance of the objectives of Chapter 7 of Title II of the Treaty), and in relation to nuclear safety.
  In this context, the Community is actively supporting the drafting of a code of conduct for an international nuclear incident warning system under the aegis of the International Atomic Energy Agency.

| (7) | Besides international Conventions and Treaties some Member States have concluded bilateral agreements on the provision of technical assistance. |
| --- | --- |

(7)

Besides international Conventions and Treaties some Member States have concluded bilateral agreements on the provision of technical assistance.

| (7) | Besides international Conventions and Treaties some Member States have concluded bilateral agreements on the provision of technical assistance.
  The coordination of actions under such agreements with Community actions is desirable
  . |
| --- | --- |

(7)

Besides international Conventions and Treaties some Member States have concluded bilateral agreements on the provision of technical assistance.
  The coordination of actions under such agreements with Community actions is desirable
  .

| (9) | It is understood that, when giving assistance to the nuclear installation concerned, it is with the aim that maximum impact could be obtained by the assistance, without, however, deviating from the principle that the

  responsibility
  for the safety of the installation should rest with the operator and the State having the jurisdiction over the installation. |
| --- | --- |

(9)

It is understood that, when giving assistance to the nuclear installation concerned, it is with the aim that maximum impact could be obtained by the assistance, without, however, deviating from the principle that the

  responsibility
  for the safety of the installation should rest with the operator and the State having the jurisdiction over the installation.

| (9) | It is understood that, when giving assistance to the nuclear installation concerned, it is with the aim that maximum impact might be obtained by the assistance, without, however, deviating from the
  ‘polluter pays’
  principle
  , and
  that
  liability
  for the safety of the installation
  , its decommissioning and the waste it has generated
  should rest with the operator and the State having jurisdiction over the installation.
  Furthermore, priority should be given to assisting nuclear installations and activities which are likely to have significant effects on the Member States. |
| --- | --- |

(9)

It is understood that, when giving assistance to the nuclear installation concerned, it is with the aim that maximum impact might be obtained by the assistance, without, however, deviating from the
  ‘polluter pays’
  principle
  , and
  that
  liability
  for the safety of the installation
  , its decommissioning and the waste it has generated
  should rest with the operator and the State having jurisdiction over the installation.
  Furthermore, priority should be given to assisting nuclear installations and activities which are likely to have significant effects on the Member States.

| (13) | This Regulation, providing for financial assistance in support of the objectives of the Treaty, is without prejudice to the respective competences of the Community and Member States in the fields concerned, in particular in nuclear safeguards. |
| --- | --- |

(13)

This Regulation, providing for financial assistance in support of the objectives of the Treaty, is without prejudice to the respective competences of the Community and Member States in the fields concerned, in particular in nuclear safeguards.

| (13) | This Regulation, providing for financial assistance in support of the objectives of the Treaty, is without prejudice to the
  exclusive powers of the Member States to make their own energy choices and the
  respective competences of the Community and Member States in the fields concerned, in particular in nuclear safeguards. |
| --- | --- |

(13)

This Regulation, providing for financial assistance in support of the objectives of the Treaty, is without prejudice to the
  exclusive powers of the Member States to make their own energy choices and the
  respective competences of the Community and Member States in the fields concerned, in particular in nuclear safeguards.

| (13a) | A financial reference amount, within the meaning of point 38 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management of 17 May 2006 (5), should be included in this regulation with respect to the entire duration of the instrument, without thereby affecting the powers of the budgetary authority as defined by the Treaty. |
| --- | --- |

(13a)

A financial reference amount, within the meaning of point 38 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management of 17 May 2006 (5), should be included in this regulation with respect to the entire duration of the instrument, without thereby affecting the powers of the budgetary authority as defined by the Treaty.

The Community
  shall
  finance measures to support
  the promotion of a high level of nuclear safety
  , radiation protection and the application of efficient and effective safeguards of nuclear material in third countries in line with the provisions of this Regulation.

The Community 
  might
  finance measures to support
  efficient implementation in cases which result in a nuclear safety level corresponding to the technological, regulatory and operational state of the art in the Union, taking into consideration the latest scientific and technological developments
  , radiation protection and the application of efficient and effective safeguards of nuclear material in third countries in line with the provisions of this Regulation,
  without prejudice to the ‘polluter pays’ principle
  .

| a) | the promotion of
  an
  effective nuclear safety
  culture
  at all levels, in particular through: |
| --- | --- |

a)

the promotion of
  an
  effective nuclear safety
  culture
  at all levels, in particular through:

| a) | the promotion of effective nuclear safety
  measures
  at all levels, in particular through: |
| --- | --- |

a)

the promotion of effective nuclear safety
  measures
  at all levels, in particular through:

| — | improving the safety aspects of the
  design,
  operation and maintenance of existing nuclear power plants or other existing nuclear installations so that
  high
  safety levels can be achieved, |
| --- | --- |

—

improving the safety aspects of the
  design,
  operation and maintenance of existing nuclear power plants or other existing nuclear installations so that
  high
  safety levels can be achieved,

| — | improving the safety aspects of the operation
  , modernisation
  and maintenance of existing nuclear power plants or other existing nuclear installations
  , taking into account experience of their operation,
  so that
  the highest possible
  safety levels can be achieved, |
| --- | --- |

—

improving the safety aspects of the operation
  , modernisation
  and maintenance of existing nuclear power plants or other existing nuclear installations
  , taking into account experience of their operation,
  so that
  the highest possible
  safety levels can be achieved,

| — | support
  to
  the safe transport, treatment and disposal of nuclear fuel and radioactive waste, |
| --- | --- |

—

support
  to
  the safe transport, treatment and disposal of nuclear fuel and radioactive waste,

| — | support
  for the development of proper methods and technologies for
  the safe transport, treatment and disposal of
  spent
  nuclear fuel and radioactive waste, and |
| --- | --- |

—

support
  for the development of proper methods and technologies for
  the safe transport, treatment and disposal of
  spent
  nuclear fuel and radioactive waste, and

| — | and the development and implementation of strategies for decommissioning existing installations and the remediation of former nuclear sites; |
| --- | --- |

—

and the development and implementation of strategies for decommissioning existing installations and the remediation of former nuclear sites;

| — | the development and implementation of strategies for decommissioning existing installations for the remediation of former nuclear sites
  which can attain a high level of safety at a reasonable cost and within a reasonable time frame
  ; |
| --- | --- |

—

the development and implementation of strategies for decommissioning existing installations for the remediation of former nuclear sites
  which can attain a high level of safety at a reasonable cost and within a reasonable time frame
  ;

| (b) | the promotion of effective regulatory frameworks, procedures and systems to ensure adequate protection against ionising radiations from radioactive materials, in particular from high activity radioactive sources, and
  their safe disposal
  ; |
| --- | --- |

(b)

the promotion of effective regulatory frameworks, procedures and systems to ensure adequate protection against ionising radiations from radioactive materials, in particular from high activity radioactive sources, and
  their safe disposal
  ;

| (b) | the promotion of effective regulatory frameworks, procedures and systems to ensure adequate protection against ionising radiations from radioactive materials, in particular from high activity radioactive sources, and
  the safe disposal of such materials, the financial liability for which must continue to be borne solely by the operator
  ; |
| --- | --- |

(b)

the promotion of effective regulatory frameworks, procedures and systems to ensure adequate protection against ionising radiations from radioactive materials, in particular from high activity radioactive sources, and
  the safe disposal of such materials, the financial liability for which must continue to be borne solely by the operator
  ;

| d) | the establishment of effective arrangements for, emergency-planning, preparedness and response, civil protection and rehabilitation measures; |
| --- | --- |

d)

the establishment of effective arrangements for, emergency-planning, preparedness and response, civil protection and rehabilitation measures;

| d) | the establishment of effective arrangements for
  accident prevention
  , emergency planning, preparedness and response, civil protection
  , the mitigation of consequences
  and rehabilitation measures; |
| --- | --- |

d)

the establishment of effective arrangements for
  accident prevention
  , emergency planning, preparedness and response, civil protection
  , the mitigation of consequences
  and rehabilitation measures;

| e) | measures to promote international cooperation (including in the framework of relevant international organisations, notably IAEA) in the above fields, including the implementation and monitoring of international Conventions and Treaties, exchange of information
  and
  training and research; |
| --- | --- |

e)

measures to promote international cooperation (including in the framework of relevant international organisations, notably IAEA) in the above fields, including the implementation and monitoring of international Conventions and Treaties, exchange of information
  and
  training and research;

| e) | measures to promote international cooperation (including in the framework of relevant international organisations, notably IAEA) in the above fields, including the implementation and monitoring of international Conventions and Treaties, exchange of information, training
  , education
  and research. |
| --- | --- |

e)

measures to promote international cooperation (including in the framework of relevant international organisations, notably IAEA) in the above fields, including the implementation and monitoring of international Conventions and Treaties, exchange of information, training
  , education
  and research.

2.   These action programmes shall specify the objectives pursued, the fields of intervention, the measures envisaged, the expected results, the management procedures and total amount of financing planned. They shall contain a summary description of the operations to be financed, an indication of the amounts allocated for each operation and an indicative implementation timetable. Where
  relevant
  , they
  may
  include the results of any lessons learned from previous assistance.

2.   These action programmes shall specify the objectives pursued, the fields of intervention, the measures envisaged, the expected results, the management procedures and total amount of financing planned. They shall contain a summary description of the operations to be financed, an indication of the amounts allocated for each operation and an indicative implementation timetable. Where
  applicable
  , they
  shall
  include the results of any lessons learned from previous assistance.

3.   Action programmes, and any revisions or extensions thereof, shall be adopted in accordance with the procedure referred to in Article 20(2), following, where appropriate, consultation with the partner country, or partner countries in the region, concerned.

3.   Action programmes, and any revisions or extensions thereof, shall be adopted in accordance with the procedure referred to in Article 20(2)
  and with account being taken of Article 18
  , following, where appropriate, consultation with the partner country, or partner countries in the region, concerned.

| — | European Union agencies; |
| --- | --- |

—

European Union agencies;

| — | the Community's Joint Research Centre and
  European Union agencies; |
| --- | --- |

—

the Community's Joint Research Centre and
  European Union agencies;

| — | debt-relief programmes; |
| --- | --- |

—

debt-relief programmes;

| — | debt-relief programmes
  , in exceptional cases and pursuant to an internationally agreed debt relief programme
  ; |
| --- | --- |

—

debt-relief programmes
  , in exceptional cases and pursuant to an internationally agreed debt relief programme
  ;

2a.
     
  Community financing shall in principle not be used for paying taxes, customs duties or other fiscal charges in beneficiary countries.

The Commission shall regularly evaluate the results of policies and programmes and the effectiveness of programming in order to ascertain whether the objectives have been met and enable it to formulate recommendations with a view to improving future operations. The Commission shall send significant evaluation reports to the Committee established in accordance with Article 20.

The Commission,
  with the help of independent experts,
  shall regularly evaluate
  , on an individual project basis
  , the results of policies and programmes and the effectiveness of programming in order to ascertain whether the objectives have been met and enable it to formulate recommendations with a view to improving future operations. The Commission shall send significant evaluation reports to
  the European Parliament, the Council and
  the Committee established in accordance with Article 20.

Article 20a

Financial reference amount

The financial reference amount for implementation of this Regulation for the period 2007-2013 shall be 524 million euro.

Annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.

Not later than 31 December 2010, the Commission shall submit to the European Parliament and the Council a report evaluating the implementation of the regulation in the first three years together, if appropriate, with a legislative proposal introducing the necessary modifications to the instrument.

Not later than 31 December 2010, the Commission shall submit to the European Parliament and the Council a report evaluating the implementation of the Regulation in the first three years
  , and thereafter shall submit a report every two years,
  together, if appropriate, with a legislative proposal introducing the necessary modifications to the instrument.

---

(1)  Not yet published in OJ.

(2)  OJ C 139, 14.6.2006, p. 1.

(3)  
  OJ L [...], [...], p. [...].

(4)  
  OJ L [...], [...], p. [...].

(5)  

  OJ C 139, 14.6.2006, p. 1.

P6_TA(2006)0600

Visas for crossing Member States' external borders *

European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders of Member States and those whose nationals are exempt from that requirement (COM(2006)0084 — C6-0256/2006 — 2006/0022(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal (COM(2006)0084) (1), |
| --- | --- |

—

having regard to the Commission proposal (COM(2006)0084) (1),

| — | having regard to Article 62(2)(b)(i) of the EC Treaty, |
| --- | --- |

—

having regard to Article 62(2)(b)(i) of the EC Treaty,

| — | having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0256/2006), |
| --- | --- |

—

having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0256/2006),

| — | having regard to Rule 51 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0431/2006); |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0431/2006);

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 4. | Calls on the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

4.

Calls on the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

| 5. | Instructs its President to forward its position to the Council and Commission. |
| --- | --- |

5.

Instructs its President to forward its position to the Council and Commission.

| (3) | Antigua and Barbuda, the Bahamas, Barbados, Mauritius, Saint Kitts and Nevis, and the Seychelles must be transferred to Annex II. Exemption from the visa requirement for nationals of those countries should not come into force before a bilateral agreement on exemption from the visa requirement between the European Community and the country in question has been concluded. |
| --- | --- |

(3)

Antigua and Barbuda, the Bahamas, Barbados, Mauritius, Saint Kitts and Nevis, and the Seychelles must be transferred to Annex II. Exemption from the visa requirement for nationals of those countries should not come into force before a bilateral agreement on exemption from the visa requirement between the European Community and the country in question has been concluded.

| (3) | Antigua and Barbuda, the Bahamas, Barbados, Mauritius, Saint Kitts and Nevis, and the Seychelles must be transferred to Annex II. Exemption from the visa requirement for nationals of those countries should not come into force before a bilateral agreement on exemption from the visa requirement between the European Community and the country in question has been concluded.
  When Regulation (EC) No 539/2001 is next reviewed, the case of other small island states should be examined
  . |
| --- | --- |

(3)

Antigua and Barbuda, the Bahamas, Barbados, Mauritius, Saint Kitts and Nevis, and the Seychelles must be transferred to Annex II. Exemption from the visa requirement for nationals of those countries should not come into force before a bilateral agreement on exemption from the visa requirement between the European Community and the country in question has been concluded.
  When Regulation (EC) No 539/2001 is next reviewed, the case of other small island states should be examined
  .

| (6) | The Member States may exempt from the visa requirement recognised refugees
  and
  stateless persons
  residing in a third country listed in Annex II
  and school pupils travelling on school excursions who reside
  in one of those countries
  . A full exemption from the visa requirement
  should be introduced
  for these
  two
  categories of
  person if they reside in a Member States
  . |
| --- | --- |

(6)

The Member States may exempt from the visa requirement recognised refugees
  and
  stateless persons
  residing in a third country listed in Annex II
  and school pupils travelling on school excursions who reside
  in one of those countries
  . A full exemption from the visa requirement
  should be introduced
  for these
  two
  categories of
  person if they reside in a Member States
  .

| (6) | The Member States may exempt from the visa requirement recognised refugees,
  all
  stateless persons
  , both those falling within the scope of the 1954 Convention relating to the Status of Stateless Persons and those falling outside its scope,
  and school pupils travelling on school excursions who reside in
  a third country listed in Annex II
  . A full exemption from the visa requirement
  already exists
  for these
  three
  categories of
  persons residing within the Schengen area when they re-enter that area. A general exemption should be introduced for persons in those categories residing in a Member State which has not or not yet joined the Schengen area, as far as their re-entry into the territory of any other Member State bound by the Schengen acquis is concerned. |
| --- | --- |

(6)

The Member States may exempt from the visa requirement recognised refugees,
  all
  stateless persons
  , both those falling within the scope of the 1954 Convention relating to the Status of Stateless Persons and those falling outside its scope,
  and school pupils travelling on school excursions who reside in
  a third country listed in Annex II
  . A full exemption from the visa requirement
  already exists
  for these
  three
  categories of
  persons residing within the Schengen area when they re-enter that area. A general exemption should be introduced for persons in those categories residing in a Member State which has not or not yet joined the Schengen area, as far as their re-entry into the territory of any other Member State bound by the Schengen acquis is concerned.

| — | recognised refugees
  and
  stateless persons who reside in a Member State and are holders of
  a
  travel document issued by that Member State. |
| --- | --- |

—

recognised refugees
  and
  stateless persons who reside in a Member State and are holders of
  a
  travel document issued by that Member State.

| — | recognised refugees
  ,
  stateless persons
  and other persons who are nationals of no country
  who reside in a Member State and are holders of
  an alien's passport, a non-citizen's passport or another
  travel document issued by that Member State; |
| --- | --- |

—

recognised refugees
  ,
  stateless persons
  and other persons who are nationals of no country
  who reside in a Member State and are holders of
  an alien's passport, a non-citizen's passport or another
  travel document issued by that Member State;

| — | third-country nationals who hold a long-term residence permit in accordance with Article 8 of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (2). |
| --- | --- |

—

third-country nationals who hold a long-term residence permit in accordance with Article 8 of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (2).

| (a) | holders of diplomatic passports
  ,
  service/official passports
  or special passports
  in accordance with one of the procedures laid down in Articles 1(1) and 2(1) of Regulation (EC) No 789/2001; |
| --- | --- |

(a)

holders of diplomatic passports
  ,
  service/official passports
  or special passports
  in accordance with one of the procedures laid down in Articles 1(1) and 2(1) of Regulation (EC) No 789/2001;

| (a) | holders of diplomatic passports
  or
  service/official passports in accordance with one of the procedures laid down in Articles 1(1) and 2(1) of Regulation (EC) No 789/2001; |
| --- | --- |

(a)

holders of diplomatic passports
  or
  service/official passports in accordance with one of the procedures laid down in Articles 1(1) and 2(1) of Regulation (EC) No 789/2001;

| 3) | BRITISH CITIZENS WHO ARE NOT NATIONALS OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND FOR THE PURPOSES OF COMMUNITY LAW:
  British Overseas Territories Citizens
  British Overseas Citizens
  British Subjects
  British Protected Persons; |
| --- | --- |

3)

BRITISH CITIZENS WHO ARE NOT NATIONALS OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND FOR THE PURPOSES OF COMMUNITY LAW:

British Overseas Territories Citizens

British Overseas Citizens

British Subjects

British Protected Persons;

| 3) | BRITISH CITIZENS WHO ARE NOT NATIONALS OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND FOR THE PURPOSES OF COMMUNITY LAW:
  British Overseas Territories Citizens
  who do not have the right of abode in the United Kingdom


  British Overseas Citizens
  British Subjects
  who do not have the right of abode in the United Kingdom


  British Protected Persons; |
| --- | --- |

3)

BRITISH CITIZENS WHO ARE NOT NATIONALS OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND FOR THE PURPOSES OF COMMUNITY LAW:

British Overseas Territories Citizens
  who do not have the right of abode in the United Kingdom

British Overseas Citizens

British Subjects
  who do not have the right of abode in the United Kingdom

British Protected Persons;

---

(1)  Not yet published in OJ.

(2)  OJ L 16, 23.1.2004, p. 44.

P6_TA(2006)0601

Follow-up to the Sakharov Prize

European Parliament resolution on the follow-up to the Sakharov Prize

The European Parliament,

| — | having regard to Rule 103(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 103(4) of its Rules of Procedure,

| A. | whereas the Sakharov Prize for Freedom of Thought was established in 1988 and whereas this prize is one of the many ways in which the European Parliament supports human rights and the cause of democracy and is a means of acknowledging the contribution of those who fight oppression, intolerance and injustice in the world, |
| --- | --- |

A.

whereas the Sakharov Prize for Freedom of Thought was established in 1988 and whereas this prize is one of the many ways in which the European Parliament supports human rights and the cause of democracy and is a means of acknowledging the contribution of those who fight oppression, intolerance and injustice in the world,

| B. | whereas the prize has been won by the following personalities and organisations: Anatoli Marchenko (1988), Aung San Suu Kyi (1990), Adem Demaçi (1991), Las Madres de la Plaza de Mayo (1992), Oslobodjenje (1993), Taslima Nasreen (1994), Leyla Zana (1995), Wei Jingsheng (1996), Salima Ghezali (1997), Ibrahim Rugova (1998), Xanana Gusmão (1999), !Basta Ya¡ (2000), Nurit Peled-Elhanan, Izzat Ghazzawi and Dom Zacarias Kamwenho (2001), Oswaldo José Payá Sardiñas (2002), Kofi Annan and the United Nations (2003), the Belarus Association of Journalists (2004), Damas de Blanco (Cuba), Reporters Without Borders and Hauwa Ibrahim (joint winners) (2005) and Aliaksandr Milinkevitch (2006), |
| --- | --- |

B.

whereas the prize has been won by the following personalities and organisations: Anatoli Marchenko (1988), Aung San Suu Kyi (1990), Adem Demaçi (1991), Las Madres de la Plaza de Mayo (1992), Oslobodjenje (1993), Taslima Nasreen (1994), Leyla Zana (1995), Wei Jingsheng (1996), Salima Ghezali (1997), Ibrahim Rugova (1998), Xanana Gusmão (1999), !Basta Ya¡ (2000), Nurit Peled-Elhanan, Izzat Ghazzawi and Dom Zacarias Kamwenho (2001), Oswaldo José Payá Sardiñas (2002), Kofi Annan and the United Nations (2003), the Belarus Association of Journalists (2004), Damas de Blanco (Cuba), Reporters Without Borders and Hauwa Ibrahim (joint winners) (2005) and Aliaksandr Milinkevitch (2006),

| C. | whereas the 1990 prize winner (the Burmese dissident Aung San Suu Kyi, who is under house arrest) and the 2005 prize winner (the Cuban collective Damas de Blanco) have not yet been authorised to come to receive the prize, |
| --- | --- |

C.

whereas the 1990 prize winner (the Burmese dissident Aung San Suu Kyi, who is under house arrest) and the 2005 prize winner (the Cuban collective Damas de Blanco) have not yet been authorised to come to receive the prize,

| D. | whereas the Conference of Presidents decided to dispatch two delegations to Cuba and Burma to establish contact with the prize winners in order to check on their personal situation, |
| --- | --- |

D.

whereas the Conference of Presidents decided to dispatch two delegations to Cuba and Burma to establish contact with the prize winners in order to check on their personal situation,

| E. | whereas the winner of the 1996 Sakharov Prize — Wei Jingsheng, who was still imprisoned at the time — has not yet had the opportunity to address the Plenary and receive the reward linked to the prize, |
| --- | --- |

E.

whereas the winner of the 1996 Sakharov Prize — Wei Jingsheng, who was still imprisoned at the time — has not yet had the opportunity to address the Plenary and receive the reward linked to the prize,

| 1. | Deplores the fact that some prize winners have still not been authorised to receive their prize in person, which represents a violation of one of the fundamental rights of each human being, namely the freedom to enter and leave one's own country without hindrance, a right which is specifically recognised by the Universal Declaration of Human Rights; |
| --- | --- |

1.

Deplores the fact that some prize winners have still not been authorised to receive their prize in person, which represents a violation of one of the fundamental rights of each human being, namely the freedom to enter and leave one's own country without hindrance, a right which is specifically recognised by the Universal Declaration of Human Rights;

| 2. | Demands that, following the Conference of Presidents' decision to dispatch two delegations, one to Burma and the other to Cuba, the authorities of those countries facilitate the delegations' journeys; |
| --- | --- |

2.

Demands that, following the Conference of Presidents' decision to dispatch two delegations, one to Burma and the other to Cuba, the authorities of those countries facilitate the delegations' journeys;

| 3. | Welcomes the decision taken by the Conference of Presidents on 16 November 2006 to establish a follow-up mechanism for winners of the Sakharov Prize and systematically to dispatch a European Parliament delegation to meet those prize winners who have not been authorised by the authorities of their countries to attend the prize-giving ceremony; |
| --- | --- |

3.

Welcomes the decision taken by the Conference of Presidents on 16 November 2006 to establish a follow-up mechanism for winners of the Sakharov Prize and systematically to dispatch a European Parliament delegation to meet those prize winners who have not been authorised by the authorities of their countries to attend the prize-giving ceremony;

| 4. | Reiterates its demand that all winners of the Sakharov Prize (and in particular Aung San Suu Kyi, Oswaldo José Payá Sardiñas and the Cuban collective Damas de Blanco) be given access to the European institutions; |
| --- | --- |

4.

Reiterates its demand that all winners of the Sakharov Prize (and in particular Aung San Suu Kyi, Oswaldo José Payá Sardiñas and the Cuban collective Damas de Blanco) be given access to the European institutions;

| 5. | Calls upon its President to take all the necessary steps in order to enable these decisions to be implemented; |
| --- | --- |

5.

Calls upon its President to take all the necessary steps in order to enable these decisions to be implemented;

| 6. | Calls upon the Conference of Presidents to enter on the agenda for its next meeting the organisation of a ceremony to award the Sakharov Prize to Wei Jingsheng; |
| --- | --- |

6.

Calls upon the Conference of Presidents to enter on the agenda for its next meeting the organisation of a ceremony to award the Sakharov Prize to Wei Jingsheng;

| 7. | Instructs its President to forward this resolution to the Council, the Commission and the Burmese, Chinese and Cuban Governments, the Chinese Parliament, the Burmese Parliament, the National Assembly of People's Power of the Republic of Cuba and the United Nations Human Rights Council. |
| --- | --- |

7.

Instructs its President to forward this resolution to the Council, the Commission and the Burmese, Chinese and Cuban Governments, the Chinese Parliament, the Burmese Parliament, the National Assembly of People's Power of the Republic of Cuba and the United Nations Human Rights Council.

P6_TA(2006)0602

Data protection within the framework of police and judicial cooperation in criminal matters

European Parliament recommendation to the Council on the progress of the negotiations on the framework decision on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (2006/2286(INI))

The European Parliament,

| — | having regard to the proposal for a recommendation to the Council by Martine Roure on behalf of the PSE Group on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (B6-0618/2006), |
| --- | --- |

—

having regard to the proposal for a recommendation to the Council by Martine Roure on behalf of the PSE Group on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (B6-0618/2006),

| — | having regard to its position of 27 September 2006 on the proposal for a Council framework decision on the protection of personal data processed in the framework of police and judicial co-operation in criminal matters (1) (‘the proposal for a framework decision’), |
| --- | --- |

—

having regard to its position of 27 September 2006 on the proposal for a Council framework decision on the protection of personal data processed in the framework of police and judicial co-operation in criminal matters (1) (‘the proposal for a framework decision’),

| — | having regard to the opinions of the European Data Protection Supervisor in this regard, dated 19 December 2005 (2) and 29 November 2006 (3), |
| --- | --- |

—

having regard to the opinions of the European Data Protection Supervisor in this regard, dated 19 December 2005 (2) and 29 November 2006 (3),

| — | having regard to Council of Europe Convention No 108 for the protection of individuals with regard to automatic processing of personal data, |
| --- | --- |

—

having regard to Council of Europe Convention No 108 for the protection of individuals with regard to automatic processing of personal data,

| — | having regard to the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (4), |
| --- | --- |

—

having regard to the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (4),

| — | having regard to Rule 114(3) and Rule 94 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 114(3) and Rule 94 of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0456/2006), |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0456/2006),

| A. | whereas the Council has fulfilled an undertaking made before Parliament on 27 September 2006 by stepping up the pace of discussions on the proposal for a framework decision, and whereas it is apparently close to reaching an agreement on that text, |
| --- | --- |

A.

whereas the Council has fulfilled an undertaking made before Parliament on 27 September 2006 by stepping up the pace of discussions on the proposal for a framework decision, and whereas it is apparently close to reaching an agreement on that text,

| B. | whereas, despite the undertaking given by the Council in that regard before Parliament on 27 September 2006, it does not appear that Parliament's aforesaid position — unanimously adopted — has been taken into account in the negotiations taking place in the Council, |
| --- | --- |

B.

whereas, despite the undertaking given by the Council in that regard before Parliament on 27 September 2006, it does not appear that Parliament's aforesaid position — unanimously adopted — has been taken into account in the negotiations taking place in the Council,

| C. | whereas the European Parliament and the national parliaments have not been kept informed of the progress of negotiations in the Council, |
| --- | --- |

C.

whereas the European Parliament and the national parliaments have not been kept informed of the progress of negotiations in the Council,

| D. | having regard to the reserved opinion expressed by the Conference of European Data Protection Authorities on 24 January 2006 and to the declaration on high data protection standards in the third pillar, adopted by them in London on 2 November 2006, in which they called for the establishment of a coherent framework for protecting data exchanged within Member States, between Member States or with third countries, |
| --- | --- |

D.

having regard to the reserved opinion expressed by the Conference of European Data Protection Authorities on 24 January 2006 and to the declaration on high data protection standards in the third pillar, adopted by them in London on 2 November 2006, in which they called for the establishment of a coherent framework for protecting data exchanged within Member States, between Member States or with third countries,

| E. | whereas the opinions of the European Data Protection Supervisor and of the Conference of European Data Protection Authorities do not appear to have been taken into account in the negotiations in the Council, |
| --- | --- |

E.

whereas the opinions of the European Data Protection Supervisor and of the Conference of European Data Protection Authorities do not appear to have been taken into account in the negotiations in the Council,

| F. | extremely concerned at the direction being taken by the debate in the Council, with Member States appearing to be moving towards a data protection agreement based on the lowest common denominator; fearing, moreover, that the level of data protection will be lower than that provided by Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (5) and by Council of Europe Convention No 108 and that implementation of such an agreement might have a negative impact on the general principle of data protection in each Member State without establishing a satisfactory level of protection at European level, |
| --- | --- |

F.

extremely concerned at the direction being taken by the debate in the Council, with Member States appearing to be moving towards a data protection agreement based on the lowest common denominator; fearing, moreover, that the level of data protection will be lower than that provided by Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (5) and by Council of Europe Convention No 108 and that implementation of such an agreement might have a negative impact on the general principle of data protection in each Member State without establishing a satisfactory level of protection at European level,

| G. | whereas the framework decision currently being discussed in the Council would establish different data protection rules, i.e. those applied by the Schengen states and those applied by the non-Schengen states, and whereas these differences would result in inconsistent data protection standards within the European Union, |
| --- | --- |

G.

whereas the framework decision currently being discussed in the Council would establish different data protection rules, i.e. those applied by the Schengen states and those applied by the non-Schengen states, and whereas these differences would result in inconsistent data protection standards within the European Union,

| H. | whereas the proposed framework decision is closely linked to the establishment of the availability principle, which is a priority of the Hague Programme, |
| --- | --- |

H.

whereas the proposed framework decision is closely linked to the establishment of the availability principle, which is a priority of the Hague Programme,

| I. | recalling that the proposed framework decision should in due course replace the aforesaid Council of Europe Convention No 108 by giving the EU its own instrument for data protection in the framework of police and judicial cooperation, |
| --- | --- |

I.

recalling that the proposed framework decision should in due course replace the aforesaid Council of Europe Convention No 108 by giving the EU its own instrument for data protection in the framework of police and judicial cooperation,

| 1. | Addresses the following recommendations to the Council:
  General principles






  (a) | ensure a high level of protection of European citizens' fundamental rights by establishing a legal framework to protect personal data in the areas covered by Title VI of the EU Treaty; |
| --- | --- | --- |

1.

Addresses the following recommendations to the Council:

General principles

(a)

ensure a high level of protection of European citizens' fundamental rights by establishing a legal framework to protect personal data in the areas covered by Title VI of the EU Treaty;

| (b) | help to enhance European police and judicial cooperation and mutual trust between the competent authorities of the Member States by ensuring a minimum harmonised level of data protection; |
| --- | --- |

(b)

help to enhance European police and judicial cooperation and mutual trust between the competent authorities of the Member States by ensuring a minimum harmonised level of data protection;

| (c) | ensure that the future framework decision will bring European added value by guaranteeing a high level of data protection in all Member States; |
| --- | --- |

(c)

ensure that the future framework decision will bring European added value by guaranteeing a high level of data protection in all Member States;

| (d) | lay down general data protection principles for the third pillar, taking over the principles already enshrined in the Community directives in this area while laying down additional rules on data protection which take due account of the specific nature of police and judicial work; |
| --- | --- |

(d)

lay down general data protection principles for the third pillar, taking over the principles already enshrined in the Community directives in this area while laying down additional rules on data protection which take due account of the specific nature of police and judicial work;

| (e) | ensure observance of the purpose-specification and proportionality principles under which any interference in the private lives of individuals must be necessary and justified and any further processing of data must be in keeping with the purpose for which they were initially collected, in accordance with European Court of Human Rights case-law; |
| --- | --- |

(e)

ensure observance of the purpose-specification and proportionality principles under which any interference in the private lives of individuals must be necessary and justified and any further processing of data must be in keeping with the purpose for which they were initially collected, in accordance with European Court of Human Rights case-law;

| (f) | give the future framework decision a broad scope, including data protection in the context of national processing, the objective of which is the same as that of Directive 95/46/EC, i.e. to provide citizens with a high degree of protection within an area of freedom, security and justice and to abolish disparities between levels of protection of individuals' rights and levels of security of files and data systems which hinder the transmission and exchange of data between Member States; |
| --- | --- |

(f)

give the future framework decision a broad scope, including data protection in the context of national processing, the objective of which is the same as that of Directive 95/46/EC, i.e. to provide citizens with a high degree of protection within an area of freedom, security and justice and to abolish disparities between levels of protection of individuals' rights and levels of security of files and data systems which hinder the transmission and exchange of data between Member States;

Minimum data protection standards in the specific context of police and judicial cooperation

| (g) | not weaken existing data protection standards by adopting a text that falls short of Directive 95/46/EC and Council of Europe Convention No 108, which is legally binding on Member States, and in particular:






  — | maintain data subjects' rights of information and access to data and right of appeal in accordance with Articles 5(a) and 8 of Convention No 108; |
| --- | --- | --- |

(g)

not weaken existing data protection standards by adopting a text that falls short of Directive 95/46/EC and Council of Europe Convention No 108, which is legally binding on Member States, and in particular:

—

maintain data subjects' rights of information and access to data and right of appeal in accordance with Articles 5(a) and 8 of Convention No 108;

| — | maintain a high level of protection for sensitive data, in keeping with existing first-pillar standards, and ensure that the principle of a ban on the use of particular categories of data, with limited exceptions, applies; ensure a very high level of data protection in connection with the processing of biometric and DNA-related data; |
| --- | --- |

—

maintain a high level of protection for sensitive data, in keeping with existing first-pillar standards, and ensure that the principle of a ban on the use of particular categories of data, with limited exceptions, applies; ensure a very high level of data protection in connection with the processing of biometric and DNA-related data;

| — | maintain the distinction between different types of data (data on victims, suspects, witnesses, etc.), so as to allow different and specific processing of and guarantees for different types of data, particularly as regards non-suspects; |
| --- | --- |

—

maintain the distinction between different types of data (data on victims, suspects, witnesses, etc.), so as to allow different and specific processing of and guarantees for different types of data, particularly as regards non-suspects;

| (h) | recognise that an excessive disparity in data protection levels between the first and third pillars would have a negative impact not only on citizens' right to data protection but also on mutual trust between Member States and on the effectiveness of police work; |
| --- | --- |

(h)

recognise that an excessive disparity in data protection levels between the first and third pillars would have a negative impact not only on citizens' right to data protection but also on mutual trust between Member States and on the effectiveness of police work;

| (i) | guarantee data quality: only data presumed to be accurate should be transmitted in response to a duly substantiated prior request from the competent authority; |
| --- | --- |

(i)

guarantee data quality: only data presumed to be accurate should be transmitted in response to a duly substantiated prior request from the competent authority;

| (j) | ensure the implementation of European data confidentiality standards; |
| --- | --- |

(j)

ensure the implementation of European data confidentiality standards;

Further processing and transfer of data

| (k) | establish limits and specific guarantees for the further processing of data and the transfer of data to authorities other than the competent authorities, while ensuring that the purpose-specification principle is observed; |
| --- | --- |

(k)

establish limits and specific guarantees for the further processing of data and the transfer of data to authorities other than the competent authorities, while ensuring that the purpose-specification principle is observed;

| (l) | ensure that the exchange of data with the competent authorities of third countries is included in the scope of the future framework decision with a view to ensuring, if necessary by negotiating appropriate international agreements, an adequate level of data protection; also ensure that the quality of data received from third countries is assessed, including from the standpoint of the protection of fundamental rights; |
| --- | --- |

(l)

ensure that the exchange of data with the competent authorities of third countries is included in the scope of the future framework decision with a view to ensuring, if necessary by negotiating appropriate international agreements, an adequate level of data protection; also ensure that the quality of data received from third countries is assessed, including from the standpoint of the protection of fundamental rights;

| (m) | establish specific guarantees regarding the transfer and use of data collected by private parties and processed by public authorities; provide for sanctions, including criminal penalties, for any misuse of data processed in this context; |
| --- | --- |

(m)

establish specific guarantees regarding the transfer and use of data collected by private parties and processed by public authorities; provide for sanctions, including criminal penalties, for any misuse of data processed in this context;

Specific observations

| (n) | consider that, in a relationship as sensitive and unequal as that existing between the public authorities and the citizen, an individual's consent may, on its own, be regarded as a sufficient legal basis to justify the further processing of his or her data for security purposes only in exceptional and specific cases that have been defined and regulated by national law, bearing in mind that Directive 95/46/EC continues to apply to any further processing based on the first pillar; |
| --- | --- |

(n)

consider that, in a relationship as sensitive and unequal as that existing between the public authorities and the citizen, an individual's consent may, on its own, be regarded as a sufficient legal basis to justify the further processing of his or her data for security purposes only in exceptional and specific cases that have been defined and regulated by national law, bearing in mind that Directive 95/46/EC continues to apply to any further processing based on the first pillar;

| (o) | consider that there is a need for compulsory consultation of national data protection authorities (pursuant to Directive 95/46/EC) and of their EU institutional network, the ‘Article 29 Working Party’, during the preparation of any regulatory or administrative measures dealing with data protection; |
| --- | --- |

(o)

consider that there is a need for compulsory consultation of national data protection authorities (pursuant to Directive 95/46/EC) and of their EU institutional network, the ‘Article 29 Working Party’, during the preparation of any regulatory or administrative measures dealing with data protection;

| (p) | fully involve the European Parliament and the national parliaments in the discussions in progress in the Council and take into consideration the aforesaid position unanimously adopted by the European Parliament; |
| --- | --- |

(p)

fully involve the European Parliament and the national parliaments in the discussions in progress in the Council and take into consideration the aforesaid position unanimously adopted by the European Parliament;

| (q) | adopt as soon as possible the proposal for a framework decision on data protection, taking due account of the aforesaid position unanimously adopted by the European Parliament, regarding it as highly desirable for an appropriate framework decision on data protection under the third pillar to be adopted prior to adoption of the proposal for a Council decision concerning access for consultation of the Visa Information System (VIS) (COM(2005)0600) and of the proposal for a regulation of the European Parliament and of the Council concerning the Visa Information System (VIS) (COM(2004)0835); |
| --- | --- |

(q)

adopt as soon as possible the proposal for a framework decision on data protection, taking due account of the aforesaid position unanimously adopted by the European Parliament, regarding it as highly desirable for an appropriate framework decision on data protection under the third pillar to be adopted prior to adoption of the proposal for a Council decision concerning access for consultation of the Visa Information System (VIS) (COM(2005)0600) and of the proposal for a regulation of the European Parliament and of the Council concerning the Visa Information System (VIS) (COM(2004)0835);

| (r) | maintain, in the future framework decision, detailed rules on data security, comparable with the rules laid down in the Europol Convention; |
| --- | --- |

(r)

maintain, in the future framework decision, detailed rules on data security, comparable with the rules laid down in the Europol Convention;

| (s) | rapidly adopt the proposal for a framework decision, whilst taking care to ensure that the speed with which the decisions are taken does not result in a lowering of the level of data protection and that problematic articles are not simply deleted or over-simplified; |
| --- | --- |

(s)

rapidly adopt the proposal for a framework decision, whilst taking care to ensure that the speed with which the decisions are taken does not result in a lowering of the level of data protection and that problematic articles are not simply deleted or over-simplified;

| 2. | Reserves the option of discussing with national parliaments its forthcoming position on the proposal for a framework decision once the Council has set out its point of view on the matter; |
| --- | --- |

2.

Reserves the option of discussing with national parliaments its forthcoming position on the proposal for a framework decision once the Council has set out its point of view on the matter;

*

- *

| 3. | Instructs its President to forward this recommendation to the Council and, for information, to the Commission, the Parliaments and Governments of the Member States and the Council of Europe. |
| --- | --- |

3.

Instructs its President to forward this recommendation to the Council and, for information, to the Commission, the Parliaments and Governments of the Member States and the Council of Europe.

---

(1)  Texts Adopted, P6_TA(2006)0370.

(2)  OJ C 47, 25.2.2006, p. 27.

(3)  Not yet published in the OJ.

(4)  OJ L 239, 22.9.2000, p. 19.

(5)  OJ L 281, 23.11.1995, p. 31.

P6_TA(2006)0603

A European Strategy for Sustainable, Competitive and Secure Energy

European Parliament resolution on a European Strategy for Sustainable, Competitive and Secure Energy — Green Paper (2006/2113(INI))

The European Parliament,

| — | having regard to the Commission Green Paper — A European Strategy for Sustainable, Competitive and Secure Energy (COM(2006)0105), |
| --- | --- |

—

having regard to the Commission Green Paper — A European Strategy for Sustainable, Competitive and Secure Energy (COM(2006)0105),

| — | having regard to the joint paper by the Commission and the High Representative on the external aspects of energy policy, submitted to the European Council of 15-16 June 2006, |
| --- | --- |

—

having regard to the joint paper by the Commission and the High Representative on the external aspects of energy policy, submitted to the European Council of 15-16 June 2006,

| — | having regard to its position adopted at second reading on 8 March 2005 with a view to the adoption of a European Parliament and Council Regulation on conditions for access to the natural gas transmission networks (1), |
| --- | --- |

—

having regard to its position adopted at second reading on 8 March 2005 with a view to the adoption of a European Parliament and Council Regulation on conditions for access to the natural gas transmission networks (1),

| — | having regard to its position adopted at first reading on 26 October 2005 on the proposal for a regulation of the European Parliament and of the Council determining the general rules for the granting of Community financial aid in the field of the trans-European transport networks and energy (2), |
| --- | --- |

—

having regard to its position adopted at first reading on 26 October 2005 on the proposal for a regulation of the European Parliament and of the Council determining the general rules for the granting of Community financial aid in the field of the trans-European transport networks and energy (2),

| — | having regard to its position adopted at second reading on 13 December 2005 with a view to the adoption of a directive of the European Parliament and of the Council on energy end-use efficiency and energy services (3), |
| --- | --- |

—

having regard to its position adopted at second reading on 13 December 2005 with a view to the adoption of a directive of the European Parliament and of the Council on energy end-use efficiency and energy services (3),

| — | having regard to its position adopted at second reading on 4 April 2006 with a view to the adoption of a decision of the European Parliament and of the Council laying down guidelines for trans-European energy networks (4), |
| --- | --- |

—

having regard to its position adopted at second reading on 4 April 2006 with a view to the adoption of a decision of the European Parliament and of the Council laying down guidelines for trans-European energy networks (4),

| — | having regard to its position of 18 May 2006 on the proposal for a Council decision on the conclusion by the European Community of the Energy Community Treaty (5), |
| --- | --- |

—

having regard to its position of 18 May 2006 on the proposal for a Council decision on the conclusion by the European Community of the Energy Community Treaty (5),

| — | having regard to its position of 16 November 2005 on the proposal for a Council regulation on the implementation of Protocol No 9 on the Bohunice V1 nuclear power plant in Slovakia, as annexed to the Act concerning the conditions of accession to the European Union of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (6), |
| --- | --- |

—

having regard to its position of 16 November 2005 on the proposal for a Council regulation on the implementation of Protocol No 9 on the Bohunice V1 nuclear power plant in Slovakia, as annexed to the Act concerning the conditions of accession to the European Union of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (6),

| — | having regard to its resolution of 16 November 2005 on the use of financial resources earmarked for the decommissioning of nuclear power plants (7), |
| --- | --- |

—

having regard to its resolution of 16 November 2005 on the use of financial resources earmarked for the decommissioning of nuclear power plants (7),

| — | having regard to its resolution of 16 November 2005 on ‘Winning the Battle against Global Change’ (8), |
| --- | --- |

—

having regard to its resolution of 16 November 2005 on ‘Winning the Battle against Global Change’ (8),

| — | having regard to its position of 14 December 2004 on the proposal for a Council directive imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products (Codified version) (9), |
| --- | --- |

—

having regard to its position of 14 December 2004 on the proposal for a Council directive imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products (Codified version) (9),

| — | having regard to its position adopted at first reading on 5 July 2005 on the proposal for a directive of the European Parliament and of the Council concerning measures to safeguard security of electricity supply and infrastructure investment (10), |
| --- | --- |

—

having regard to its position adopted at first reading on 5 July 2005 on the proposal for a directive of the European Parliament and of the Council concerning measures to safeguard security of electricity supply and infrastructure investment (10),

| — | having regard to its position of 5 July 2006 on the proposal for a Council directive on the supervision and control of shipments of radioactive waste and nuclear spent fuel (11), |
| --- | --- |

—

having regard to its position of 5 July 2006 on the proposal for a Council directive on the supervision and control of shipments of radioactive waste and nuclear spent fuel (11),

| — | having regard to its resolution of 14 February 2006 with recommendations to the Commission on heating and cooling from renewable sources of energy (12), |
| --- | --- |

—

having regard to its resolution of 14 February 2006 with recommendations to the Commission on heating and cooling from renewable sources of energy (12),

| — | having regard to its resolution of 29 September 2005 on the share of renewable energy sources in the European Union and proposals for concrete actions (13), |
| --- | --- |

—

having regard to its resolution of 29 September 2005 on the share of renewable energy sources in the European Union and proposals for concrete actions (13),

| — | having regard to its resolution of 23 March 2006 on security of energy supply in the European Union (14), |
| --- | --- |

—

having regard to its resolution of 23 March 2006 on security of energy supply in the European Union (14),

| — | having regard to its resolution of 1 June 2006 on Energy efficiency or doing more with less: Green Paper (15), |
| --- | --- |

—

having regard to its resolution of 1 June 2006 on Energy efficiency or doing more with less: Green Paper (15),

| — | having regard to the Presidency Conclusions of the European Councils of 23-24 March 2006, concerning the European Council's endorsement of the Green Paper on an Energy Policy for Europe, and of 15-16 June 2006 concerning the Joint Paper by the Commission and High Representative on the External Aspects of Energy Security, |
| --- | --- |

—

having regard to the Presidency Conclusions of the European Councils of 23-24 March 2006, concerning the European Council's endorsement of the Green Paper on an Energy Policy for Europe, and of 15-16 June 2006 concerning the Joint Paper by the Commission and High Representative on the External Aspects of Energy Security,

| — | having regard to deliberations of the Public Hearing organised by its Committee on Industry, Research and Energy on the subject on 12 September 2006, |
| --- | --- |

—

having regard to deliberations of the Public Hearing organised by its Committee on Industry, Research and Energy on the subject on 12 September 2006,

| — | having regard to the Treaty establishing a Constitution for Europe under which energy is a field in which there is shared competence with the Member States, |
| --- | --- |

—

having regard to the Treaty establishing a Constitution for Europe under which energy is a field in which there is shared competence with the Member States,

| — | having regard to Rule 45 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on Foreign Affairs, the Committee on Development, the Committee on International Trade, the Committee on Economic and Monetary Affairs, the Committee on the Environment, Public Health and Food Safety, the Committee on Transport and Tourism and the Committee on Regional Development (A6-0426/2006); |
| --- | --- |

—

having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on Foreign Affairs, the Committee on Development, the Committee on International Trade, the Committee on Economic and Monetary Affairs, the Committee on the Environment, Public Health and Food Safety, the Committee on Transport and Tourism and the Committee on Regional Development (A6-0426/2006);

| 1. | Welcomes the Commission's green paper on a European strategy for sustainable, competitive and secure energy, but emphasises the need to acknowledge the ever changing conditions in the broader global energy market and highlights the importance of extending the producer perspective to a systematic approach that takes account of production, distribution and consumption in order to develop a European energy policy securing affordable energy as far as possible from low-carbon sources in the short term and carbon free sources in the medium term and indigenous resources, respecting market mechanisms, whilst protecting the environment, combating climate change and promoting energy efficiency; |
| --- | --- |

1.

Welcomes the Commission's green paper on a European strategy for sustainable, competitive and secure energy, but emphasises the need to acknowledge the ever changing conditions in the broader global energy market and highlights the importance of extending the producer perspective to a systematic approach that takes account of production, distribution and consumption in order to develop a European energy policy securing affordable energy as far as possible from low-carbon sources in the short term and carbon free sources in the medium term and indigenous resources, respecting market mechanisms, whilst protecting the environment, combating climate change and promoting energy efficiency;

| 2. | Stresses that the Commission stated in its green paper that 1 trillion euro needs to be invested in the European energy market in order to secure energy supplies in Europe in the long term; also notes that it cannot be assumed that these resources can be funded from the public purse and that it is therefore important to involve energy industry operators in the European Union in the further development of the consensus on energy policy; |
| --- | --- |

2.

Stresses that the Commission stated in its green paper that 1 trillion euro needs to be invested in the European energy market in order to secure energy supplies in Europe in the long term; also notes that it cannot be assumed that these resources can be funded from the public purse and that it is therefore important to involve energy industry operators in the European Union in the further development of the consensus on energy policy;

| 3. | Urges the 2007 Spring European Council to adopt an action plan, which should at least contain the following elements: for consumers to be placed at the centre of energy policy, a radical reform of the EU Emissions Trading Scheme (ETS) to guide the market into investment in a low carbon economy which should be driven by a set target for EU carbon emissions by 2020 including a target of 25 % of energy from renewable sources by 2020 and a binding target for car emissions, a step change in energy efficiency, reinforced efforts to implement unbundling in letter and spirit, including full ownership unbundling of energy networks in the event that other measures do not prove effective, minimum binding guidelines set out for regulators, including a procedure for the nomination of regulators, independence, transparency and accountability, an ambitious R&D strategy on clean energy technologies, a common foreign energy policy strategy and full implementation of all current EU energy legislation; |
| --- | --- |

3.

Urges the 2007 Spring European Council to adopt an action plan, which should at least contain the following elements: for consumers to be placed at the centre of energy policy, a radical reform of the EU Emissions Trading Scheme (ETS) to guide the market into investment in a low carbon economy which should be driven by a set target for EU carbon emissions by 2020 including a target of 25 % of energy from renewable sources by 2020 and a binding target for car emissions, a step change in energy efficiency, reinforced efforts to implement unbundling in letter and spirit, including full ownership unbundling of energy networks in the event that other measures do not prove effective, minimum binding guidelines set out for regulators, including a procedure for the nomination of regulators, independence, transparency and accountability, an ambitious R&D strategy on clean energy technologies, a common foreign energy policy strategy and full implementation of all current EU energy legislation;

Sustainability

Climate Change

| 4. | Recognises that climate change is causing serious environmental problems requiring immediate EU and international action; believes that by 2050 the overwhelming proportion of EU energy needs must come from carbon free sources or be produced with technologies which withhold greenhouse gas emissions, with a focus on energy saving, efficiency and renewable energies and that there is therefore a need to set out a clear roadmap for attaining this objective; urges EU leaders to agree by the end of next year on a binding 2020 CO2 target and an indicative 2050 CO2 target and further believes that:






  a) | the Commission should propose a revision of the ETS including economically acceptable management of ETS credits such as a progressive move towards auctioning or benchmarking based on output; the ETS scheme should be based on a careful evaluation of economic and environmental impacts, a comprehensive assessment of the allocation methodologies, a review of the penalty scheme, |
| --- | --- | --- |

4.

Recognises that climate change is causing serious environmental problems requiring immediate EU and international action; believes that by 2050 the overwhelming proportion of EU energy needs must come from carbon free sources or be produced with technologies which withhold greenhouse gas emissions, with a focus on energy saving, efficiency and renewable energies and that there is therefore a need to set out a clear roadmap for attaining this objective; urges EU leaders to agree by the end of next year on a binding 2020 CO2 target and an indicative 2050 CO2 target and further believes that:

a)

the Commission should propose a revision of the ETS including economically acceptable management of ETS credits such as a progressive move towards auctioning or benchmarking based on output; the ETS scheme should be based on a careful evaluation of economic and environmental impacts, a comprehensive assessment of the allocation methodologies, a review of the penalty scheme,

| b) | during the second ETS financing period (2008-2012), financial resources should be allocated in a way that leads to action being taken to reduce CO2 emissions and energy consumption, |
| --- | --- |

b)

during the second ETS financing period (2008-2012), financial resources should be allocated in a way that leads to action being taken to reduce CO2 emissions and energy consumption,

| c) | a cap and trade emissions regime should be extended internationally and should run for a longer period than at present, |
| --- | --- |

c)

a cap and trade emissions regime should be extended internationally and should run for a longer period than at present,

| d) | the ETS should include additional large emitting sectors including all modes of freight transport; a strategy to cut emissions from ships should be developed, following an impact assessment, and a separate system for aviation should be set up as soon as possible, |
| --- | --- |

d)

the ETS should include additional large emitting sectors including all modes of freight transport; a strategy to cut emissions from ships should be developed, following an impact assessment, and a separate system for aviation should be set up as soon as possible,

| e) | given the volatility of prices for emission certificates, the Commission should consider mitigation option; such options should include the promotion of confidence in the market by increasing market transparency, e.g. through the timely and uniform publication of emissions data throughout the EU, as well as extended use of the flexible mechanisms of the Kyoto Protocol (Joint Implementation and Clean Development) to increase market liquidity, |
| --- | --- |

e)

given the volatility of prices for emission certificates, the Commission should consider mitigation option; such options should include the promotion of confidence in the market by increasing market transparency, e.g. through the timely and uniform publication of emissions data throughout the EU, as well as extended use of the flexible mechanisms of the Kyoto Protocol (Joint Implementation and Clean Development) to increase market liquidity,

| f) | the Commission should examine by 2007 in which way national allocation methods should be further harmonised and how the ETS methodology may be simplified and rendered transparent, in line with stock market rules, |
| --- | --- |

f)

the Commission should examine by 2007 in which way national allocation methods should be further harmonised and how the ETS methodology may be simplified and rendered transparent, in line with stock market rules,

| g) | the Commission should produce a report on the possible need for regulation of the carbon offsetting market; |
| --- | --- |

g)

the Commission should produce a report on the possible need for regulation of the carbon offsetting market;

Research, Development and Innovation

| 5. | Calls for the 2007 Spring European Council to ensure that the future energy policy of Europe is backed up by an ambitious R & D strategy in the field of energy including more adequate public funding and strong incentives for increased private R & D funding, fulfilling corporate social responsibility obligations; encourages Member States to set out a strategy for increasing the budget for energy research, especially when there is a mid-term review of the budget for the Seventh Framework Programme for research, technological development and demonstration activities (FP7) and for the Intelligent Energy — Europe Programme; calls for a European strategic energy technology plan and hopes that its content will cover research fields focusing on new energy technologies in the medium and long term, including in particular energy storage; |
| --- | --- |

5.

Calls for the 2007 Spring European Council to ensure that the future energy policy of Europe is backed up by an ambitious R & D strategy in the field of energy including more adequate public funding and strong incentives for increased private R & D funding, fulfilling corporate social responsibility obligations; encourages Member States to set out a strategy for increasing the budget for energy research, especially when there is a mid-term review of the budget for the Seventh Framework Programme for research, technological development and demonstration activities (FP7) and for the Intelligent Energy — Europe Programme; calls for a European strategic energy technology plan and hopes that its content will cover research fields focusing on new energy technologies in the medium and long term, including in particular energy storage;

| 6. | Calls on the Commission to ensure that the contribution of hydrogen and fuel cells applications to accelerating the transition from fossil fuels to an efficient and CO2 lean energy and transport system is reflected in EU's short term energy and transport policy actions and by supporting bodies; |
| --- | --- |

6.

Calls on the Commission to ensure that the contribution of hydrogen and fuel cells applications to accelerating the transition from fossil fuels to an efficient and CO2 lean energy and transport system is reflected in EU's short term energy and transport policy actions and by supporting bodies;

| 7. | Recalls that the EU must remain a key player in initiatives such as the International Partnership for the Hydrogen Economy (IPHE) (16) or the International Thermonuclear Experimental Reactor (ITER) (17); |
| --- | --- |

7.

Recalls that the EU must remain a key player in initiatives such as the International Partnership for the Hydrogen Economy (IPHE) (16) or the International Thermonuclear Experimental Reactor (ITER) (17);

| 8. | Calls on the Commission and the Member States to create a road map for climate-friendly and environmentally-friendly innovation based not only on technological innovation but also on developing strategies to increase the market penetration of the best available technologies and organisational improvements, e.g. in the logistic sector; |
| --- | --- |

8.

Calls on the Commission and the Member States to create a road map for climate-friendly and environmentally-friendly innovation based not only on technological innovation but also on developing strategies to increase the market penetration of the best available technologies and organisational improvements, e.g. in the logistic sector;

| 9. | Calls on the Commission to carry out an energy audit on existing technology platforms in order to improve coordination and the exchange of expertise; |
| --- | --- |

9.

Calls on the Commission to carry out an energy audit on existing technology platforms in order to improve coordination and the exchange of expertise;

| 10. | Notes that research in the field of energy technologies is an important step to opening up export markets; therefore calls on the Commission to continue supporting research into all sources of energy (conventional, nuclear and renewable) so that Europe, as well as exploiting such research for its own purposes in the Member States, may also open up export markets; |
| --- | --- |

10.

Notes that research in the field of energy technologies is an important step to opening up export markets; therefore calls on the Commission to continue supporting research into all sources of energy (conventional, nuclear and renewable) so that Europe, as well as exploiting such research for its own purposes in the Member States, may also open up export markets;

Investments

| 11. | Recalls the need for significant investment in electricity and gas infrastructure in order to secure energy supply in Europe; requests the Commission to:






  a) | contribute to the creation of a favourable investment climate, |
| --- | --- | --- |

11.

Recalls the need for significant investment in electricity and gas infrastructure in order to secure energy supply in Europe; requests the Commission to:

a)

contribute to the creation of a favourable investment climate,

| b) | ensure that markets are allowed to send the right investment signals to investors; |
| --- | --- |

b)

ensure that markets are allowed to send the right investment signals to investors;

| 12. | As electricity networks will have to adapt to the growing share of renewable energies and decentralised generation, calls upon the Commission and the Member States to further promote research into the necessary information and communication technologies; |
| --- | --- |

12.

As electricity networks will have to adapt to the growing share of renewable energies and decentralised generation, calls upon the Commission and the Member States to further promote research into the necessary information and communication technologies;

| 13. | Encourages the involvement of regional stakeholders in energy issues, as many problems find their solution through investment at regional and urban level, especially solutions favouring the use of diverse and renewable energy sources; emphasises the potential for SME entrepreneurship in energy investments and the role that sustainable energy investments (i.e. in biomass, biofuels and district heating) can play in regional and urban development; therefore asks Member States and the Commission to involve regional and local authorities in these issues so as to commit even more strongly to the promotion of renewable energy sources within the overall energy mix; |
| --- | --- |

13.

Encourages the involvement of regional stakeholders in energy issues, as many problems find their solution through investment at regional and urban level, especially solutions favouring the use of diverse and renewable energy sources; emphasises the potential for SME entrepreneurship in energy investments and the role that sustainable energy investments (i.e. in biomass, biofuels and district heating) can play in regional and urban development; therefore asks Member States and the Commission to involve regional and local authorities in these issues so as to commit even more strongly to the promotion of renewable energy sources within the overall energy mix;

| 14. | Draws attention to the problems that border regions encounter because of the differences in national energy policies, the lack of information-exchange between Member State energy providers and the lack of a harmonised EU energy policy; |
| --- | --- |

14.

Draws attention to the problems that border regions encounter because of the differences in national energy policies, the lack of information-exchange between Member State energy providers and the lack of a harmonised EU energy policy;

| 15. | Stresses the positive impact that the promotion and development of renewable energy technology has on the creation of new, long-term and highly-skilled jobs; |
| --- | --- |

15.

Stresses the positive impact that the promotion and development of renewable energy technology has on the creation of new, long-term and highly-skilled jobs;

Security of Supply

Energy Efficiency and Energy-Saving

| 16. | Calls on the Council and Commission to adopt measures to make the EU the most energy efficient economy in the world by 2020 and to set energy efficiency measures as a horizontal priority for all policy sectors in the EU; calls on the Commission to ensure timely implementation of EC directives in the field and urges the Council to adopt the proposals in the energy efficiency action plan and Member States to use best practice as a basis for their national energy efficiency action plans, to be submitted by June 2007; urges the Commission to make available enough staff at all levels to transform the measures proposed in the action plan into concrete actions; recalls that if Member States were to fully implement existing EU legislation, 50 % of the EU target to save 20 % of energy by 2020 would already be met; calls on the President of the Commission to promote a global energy efficiency agreement; |
| --- | --- |

16.

Calls on the Council and Commission to adopt measures to make the EU the most energy efficient economy in the world by 2020 and to set energy efficiency measures as a horizontal priority for all policy sectors in the EU; calls on the Commission to ensure timely implementation of EC directives in the field and urges the Council to adopt the proposals in the energy efficiency action plan and Member States to use best practice as a basis for their national energy efficiency action plans, to be submitted by June 2007; urges the Commission to make available enough staff at all levels to transform the measures proposed in the action plan into concrete actions; recalls that if Member States were to fully implement existing EU legislation, 50 % of the EU target to save 20 % of energy by 2020 would already be met; calls on the President of the Commission to promote a global energy efficiency agreement;

| 17. | Points to the fact that there are very promising technologies available for use in combined heat and power and cooling processes and that district heating also offers an infrastructure for future renewable energy sources; urges therefore national governments to fully implement the existing directive on combined heat and power and to put in place the necessary legal and financial conditions to fully use the potential for combined heat and power, as identified in the national potential studies; |
| --- | --- |

17.

Points to the fact that there are very promising technologies available for use in combined heat and power and cooling processes and that district heating also offers an infrastructure for future renewable energy sources; urges therefore national governments to fully implement the existing directive on combined heat and power and to put in place the necessary legal and financial conditions to fully use the potential for combined heat and power, as identified in the national potential studies;

| 18. | Recalls that 40 % of all EU energy is used in buildings and that there is a huge potential to reduce this consumption when planning new buildings and modernising existing buildings; urges the Commission to revise the existing buildings directive in order to include buildings below the 1 000 m2 threshold; calls on the Commission to ensure that all EU institution buildings set an example by achieving carbon neutral status by 2012; believes that Member States should commit to ensuring that this is achieved also in all national government buildings and that this goal should be extended to local authority and regional buildings by 2015; urges the Commission to implement a programme aimed at the large scale deployment of passive and net positive energy houses and buildings in the EU; |
| --- | --- |

18.

Recalls that 40 % of all EU energy is used in buildings and that there is a huge potential to reduce this consumption when planning new buildings and modernising existing buildings; urges the Commission to revise the existing buildings directive in order to include buildings below the 1 000 m2 threshold; calls on the Commission to ensure that all EU institution buildings set an example by achieving carbon neutral status by 2012; believes that Member States should commit to ensuring that this is achieved also in all national government buildings and that this goal should be extended to local authority and regional buildings by 2015; urges the Commission to implement a programme aimed at the large scale deployment of passive and net positive energy houses and buildings in the EU;

| 19. | Calls on the President of the Commission to host a meeting of representatives of the Member States' biggest cities for the purpose of exchanging their experience of local energy-reduction projects in an endeavour to reduce and make more efficient urban energy consumption; believes that serious efforts should be made to increase the power derived from combined heat and power and cooling production and district heating; adds that these technologies are very promising for increasing the use of biomass and biofuels and emphasises that district heating offers an infrastructure also for future renewable energy sources; believes that the Commission should work closely with the Committee of the Regions on this matter; |
| --- | --- |

19.

Calls on the President of the Commission to host a meeting of representatives of the Member States' biggest cities for the purpose of exchanging their experience of local energy-reduction projects in an endeavour to reduce and make more efficient urban energy consumption; believes that serious efforts should be made to increase the power derived from combined heat and power and cooling production and district heating; adds that these technologies are very promising for increasing the use of biomass and biofuels and emphasises that district heating offers an infrastructure also for future renewable energy sources; believes that the Commission should work closely with the Committee of the Regions on this matter;

| 20. | Calls on the Commission, by spring 2007 at the latest, to submit implementing measures regarding energy-efficient products under Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the setting of eco-design requirements for energy-using products (18) (EUP Directive); |
| --- | --- |

20.

Calls on the Commission, by spring 2007 at the latest, to submit implementing measures regarding energy-efficient products under Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the setting of eco-design requirements for energy-using products (18) (EUP Directive);

| 21. | Requests the Commission to help industry to develop and roll out smart metering and charging systems, possibly via intelligent metering system managed by remote mechanisms; calls upon the Commission to carry out a thorough cost-benefit analysis of these measures, taking on board changes in the behaviour of consumers; |
| --- | --- |

21.

Requests the Commission to help industry to develop and roll out smart metering and charging systems, possibly via intelligent metering system managed by remote mechanisms; calls upon the Commission to carry out a thorough cost-benefit analysis of these measures, taking on board changes in the behaviour of consumers;

| 22. | Considers that taxation plays a prominent role in enhancing energy efficiency; believes that efforts should be made so that Member States' national tax systems discriminate in favour of energy efficient practices; |
| --- | --- |

22.

Considers that taxation plays a prominent role in enhancing energy efficiency; believes that efforts should be made so that Member States' national tax systems discriminate in favour of energy efficient practices;

| 23. | Draws the Commission's attention to the need for EU structural funds to be used, particularly in the new Member States, in the large-scale modernisation of the thermal insulation of housing, which will bring significant reductions in energy consumption and CO2 emissions; |
| --- | --- |

23.

Draws the Commission's attention to the need for EU structural funds to be used, particularly in the new Member States, in the large-scale modernisation of the thermal insulation of housing, which will bring significant reductions in energy consumption and CO2 emissions;

| 24. | Calls for a comprehensive EU strategy in the transport sector, aiming at the phasing out of fossil fuel use, a reduction of EU dependency on oil and a gradual shift to clean energies for transportation; favours a shift towards the most energy efficient and clean transport modes, to be achieved notably through new legislation, including legislation relating to the automotive industry, and improving the market penetration of plug-in hybrid cars and fully electric vehicles; |
| --- | --- |

24.

Calls for a comprehensive EU strategy in the transport sector, aiming at the phasing out of fossil fuel use, a reduction of EU dependency on oil and a gradual shift to clean energies for transportation; favours a shift towards the most energy efficient and clean transport modes, to be achieved notably through new legislation, including legislation relating to the automotive industry, and improving the market penetration of plug-in hybrid cars and fully electric vehicles;

| 25. | Regrets that the Commission has enormous problems linking transport with the energy question; recalls that the transport sector is the cause of Europe's biggest security of supply problem and intense oil dependency, and that climate changing emissions from the transport sector are rising steeply, notably from aviation; |
| --- | --- |

25.

Regrets that the Commission has enormous problems linking transport with the energy question; recalls that the transport sector is the cause of Europe's biggest security of supply problem and intense oil dependency, and that climate changing emissions from the transport sector are rising steeply, notably from aviation;

| 26. | Stresses that many outlying and outermost regions have considerable potential in terms of renewable energies, linked to their geographical or climate-related characteristics (sunshine, wind, biomass, wave energy); hopes that more use will be made of this outstanding opportunity, particularly in order to make an active contribution to achieving the Kyoto objectives; |
| --- | --- |

26.

Stresses that many outlying and outermost regions have considerable potential in terms of renewable energies, linked to their geographical or climate-related characteristics (sunshine, wind, biomass, wave energy); hopes that more use will be made of this outstanding opportunity, particularly in order to make an active contribution to achieving the Kyoto objectives;

| 27. | Calls on the Commission and the Member States to adopt practical measures to improve the energy efficiency of small and medium-sized businesses, including, in particular, measures to increase awareness and action to ensure easier access to funding, including funding from the structural funds, the EBRD and the EIB, to enable such businesses to invest in reducing energy consumption; |
| --- | --- |

27.

Calls on the Commission and the Member States to adopt practical measures to improve the energy efficiency of small and medium-sized businesses, including, in particular, measures to increase awareness and action to ensure easier access to funding, including funding from the structural funds, the EBRD and the EIB, to enable such businesses to invest in reducing energy consumption;

| 28. | Hopes that greater energy efficiency will be encouraged in third countries and endorses the Commission's proposal to work towards the adoption of an international energy efficiency agreement; |
| --- | --- |

28.

Hopes that greater energy efficiency will be encouraged in third countries and endorses the Commission's proposal to work towards the adoption of an international energy efficiency agreement;

| 29. | Takes the view that the benchmark system agreed in Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services (19) in order to achieve final energy efficiency is an economically rational, unbureaucratic and effective means of increasing energy efficiency and proposes that this system be used to a greater extent in other energy sector; asks the Commission to make efforts to accelerate the setting of common EU-wide benchmarks in all the relevant areas based on sectoral energy efficiency indicators in accordance with Article 16 of that directive; |
| --- | --- |

29.

Takes the view that the benchmark system agreed in Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services (19) in order to achieve final energy efficiency is an economically rational, unbureaucratic and effective means of increasing energy efficiency and proposes that this system be used to a greater extent in other energy sector; asks the Commission to make efforts to accelerate the setting of common EU-wide benchmarks in all the relevant areas based on sectoral energy efficiency indicators in accordance with Article 16 of that directive;

Energy Mix

| 30. | Believes that the diversification of energy sources along with increased use of indigenous sources and decentralised energy production will improve security of supply, but acknowledges the fact that decisions on energy mix in one Member State can affect security of supply in other Member States; regards the EU's dependency on a limited number of energy producers and supply routes as a serious risk to its stability and prosperity; welcomes the introduction of a mechanism able to ensure solidarity and rapidassistance to Member States facing difficulties following damage to their infrastructure; |
| --- | --- |

30.

Believes that the diversification of energy sources along with increased use of indigenous sources and decentralised energy production will improve security of supply, but acknowledges the fact that decisions on energy mix in one Member State can affect security of supply in other Member States; regards the EU's dependency on a limited number of energy producers and supply routes as a serious risk to its stability and prosperity; welcomes the introduction of a mechanism able to ensure solidarity and rapidassistance to Member States facing difficulties following damage to their infrastructure;

| 31. | Considers it vital that the European energy strategy be based on maximum subsidiarity and that decisions concerning the energy mix should remain the prerogative of the Member States; |
| --- | --- |

31.

Considers it vital that the European energy strategy be based on maximum subsidiarity and that decisions concerning the energy mix should remain the prerogative of the Member States;

| 32. | Welcomes the high efficiency and high renewables scenario from July 2006 presented by DG TREN of the Commission and the study commissioned by Parliament's Committee on Industry, Trade, Research and Energy on security of supply presented to that committee on 9 October 2006; urges therefore the Commission to take both scenarios as a basis for the energy review scheduled for January 2007; |
| --- | --- |

32.

Welcomes the high efficiency and high renewables scenario from July 2006 presented by DG TREN of the Commission and the study commissioned by Parliament's Committee on Industry, Trade, Research and Energy on security of supply presented to that committee on 9 October 2006; urges therefore the Commission to take both scenarios as a basis for the energy review scheduled for January 2007;

| 33. | Asks the Commission and the Member States, without neglecting short and medium-term costs, to give priority to those forms of energy which reduce import dependency, especially imports of fossil fuels, that support the environment, are sustainable and reduce risks of continuous supply, not least because of the decentralisation of production; |
| --- | --- |

33.

Asks the Commission and the Member States, without neglecting short and medium-term costs, to give priority to those forms of energy which reduce import dependency, especially imports of fossil fuels, that support the environment, are sustainable and reduce risks of continuous supply, not least because of the decentralisation of production;

| 34. | Calls on the President of the Commission to carry out the plan to publish monthly figures on European stocks, imports, and exports of oil and petroleum products, broken down by product type (crude, petrol, diesel oil, heating oil, and others); believes that figures of this kind (which would be in the public domain, as they are in the United States) would give a clearer idea of the pressures being brought to bear on the world market and a clear picture of European consumption, as well reducing the obsession which operators have with American stocks and consequently helping to make oil prices less volatile; |
| --- | --- |

34.

Calls on the President of the Commission to carry out the plan to publish monthly figures on European stocks, imports, and exports of oil and petroleum products, broken down by product type (crude, petrol, diesel oil, heating oil, and others); believes that figures of this kind (which would be in the public domain, as they are in the United States) would give a clearer idea of the pressures being brought to bear on the world market and a clear picture of European consumption, as well reducing the obsession which operators have with American stocks and consequently helping to make oil prices less volatile;

| 35. | Calls on the Commission to conduct a transparent and objective debate on the future energy mix, taking into account the advantages and drawbacks of all forms of energy, including economic and environmental costs and consequences; |
| --- | --- |

35.

Calls on the Commission to conduct a transparent and objective debate on the future energy mix, taking into account the advantages and drawbacks of all forms of energy, including economic and environmental costs and consequences;

| 36. | Urges the Commission to finalise by the end of 2008 at the latest a new energy and transport modelling tool for the EU; believes that such a bottom-up model should be developed in close collaboration between the Commission services, the IEA and national governments and aim at streamlining all statistical energy and transport data in Europe, that the model would then replace the multitude of models existing today within the different Commission services and also harmonise energy statistics all over Europe; further believes that the model should be in the public domain and could, as it is the case today in the US, be used on demand by the different stakeholders to develop different scenarios for the EU energy future; |
| --- | --- |

36.

Urges the Commission to finalise by the end of 2008 at the latest a new energy and transport modelling tool for the EU; believes that such a bottom-up model should be developed in close collaboration between the Commission services, the IEA and national governments and aim at streamlining all statistical energy and transport data in Europe, that the model would then replace the multitude of models existing today within the different Commission services and also harmonise energy statistics all over Europe; further believes that the model should be in the public domain and could, as it is the case today in the US, be used on demand by the different stakeholders to develop different scenarios for the EU energy future;

| 37. | Proposes, in order to boost the diversification of energy sources, that the EU set a long-term stable policy framework in order to create the necessary investment climate; believes that such a framework should contain an EU target for energy efficiency improvements of at least 20 % by 2020, and asks the Commission to propose a framework for options of harmonised support schemes for renewable energies as part of the renewable energy roadmap and, furthermore, set binding sectoral targets for renewables in order to achieve 25 % of renewables in primary energy by 2020 and a road map at Council and Commission level for reaching a target for renewables of 50 % by 2040, an EU 30 % reduction of the CO2 target for 2020 and a 60-80 % reduction for 2050; |
| --- | --- |

37.

Proposes, in order to boost the diversification of energy sources, that the EU set a long-term stable policy framework in order to create the necessary investment climate; believes that such a framework should contain an EU target for energy efficiency improvements of at least 20 % by 2020, and asks the Commission to propose a framework for options of harmonised support schemes for renewable energies as part of the renewable energy roadmap and, furthermore, set binding sectoral targets for renewables in order to achieve 25 % of renewables in primary energy by 2020 and a road map at Council and Commission level for reaching a target for renewables of 50 % by 2040, an EU 30 % reduction of the CO2 target for 2020 and a 60-80 % reduction for 2050;

| 38. | Stresses that the need to change the current energy production mix is not a burden but an opportunity; the use of solar, wind, biomass, hydro or geothermal energy and more energy efficiency technologies will help to fulfil the commitments made in Kyoto and under the UN Framework Climate Change Convention and also strengthen innovation, job creation and competitiveness in Europe; |
| --- | --- |

38.

Stresses that the need to change the current energy production mix is not a burden but an opportunity; the use of solar, wind, biomass, hydro or geothermal energy and more energy efficiency technologies will help to fulfil the commitments made in Kyoto and under the UN Framework Climate Change Convention and also strengthen innovation, job creation and competitiveness in Europe;

| 39. | Believes that the proposed Strategic Energy Review (SER) should integrate the work of the proposed Energy Supply Observatory (which should not be an independent body) and that it should analyse security of supply on a regular basis; considers that the SER's remit should involve strategic analysis of the problems confronting the EU in the energy sector, including the external aspects; encourages the Commission to use the SER to develop a formula that enables Member States to analyse the trade-offs between different policy options with regard to the environment, security of supply, competitiveness and job creation and that thus helps to minimise risks; welcomes the Commission's effort to undertake a detailed study of the subsidies and costs of all energy sources, including the internalisation of externalities within the SER, applying the life-cycle and well-to-wheel approach; requests the publication of such a study in order to raise public awareness; proposes that a Europe-wide forward study of supply and demand in the medium and long-term be conducted in order to identify investment needs, especially on the production side, and raise the profile of operators; proposes that a cost-benefit analysis should focus on the contribution of each energy source to the EU's three objectives in the energy field, namely security of supply, competitiveness, and environmental sustainability; |
| --- | --- |

39.

Believes that the proposed Strategic Energy Review (SER) should integrate the work of the proposed Energy Supply Observatory (which should not be an independent body) and that it should analyse security of supply on a regular basis; considers that the SER's remit should involve strategic analysis of the problems confronting the EU in the energy sector, including the external aspects; encourages the Commission to use the SER to develop a formula that enables Member States to analyse the trade-offs between different policy options with regard to the environment, security of supply, competitiveness and job creation and that thus helps to minimise risks; welcomes the Commission's effort to undertake a detailed study of the subsidies and costs of all energy sources, including the internalisation of externalities within the SER, applying the life-cycle and well-to-wheel approach; requests the publication of such a study in order to raise public awareness; proposes that a Europe-wide forward study of supply and demand in the medium and long-term be conducted in order to identify investment needs, especially on the production side, and raise the profile of operators; proposes that a cost-benefit analysis should focus on the contribution of each energy source to the EU's three objectives in the energy field, namely security of supply, competitiveness, and environmental sustainability;

| 40. | Believes that the SER should also cover trade issues, meaning that it should analyse the impact of international cooperation and long-term contracts already signed or to be signed and assess consistency between policies pursued by business and national and EU policies; |
| --- | --- |

40.

Believes that the SER should also cover trade issues, meaning that it should analyse the impact of international cooperation and long-term contracts already signed or to be signed and assess consistency between policies pursued by business and national and EU policies;

| 41. | Recalls that oil is still the most important primary energy source in the EU, for which the EU depends almost completely on imports; regrets the lack of attention paid in the Commission's green paper to the fact; calls upon the Commission and Member States to take into account the need for diminishing the use of oil, decreasing import dependency and contributing to reducing CO2 emissions; |
| --- | --- |

41.

Recalls that oil is still the most important primary energy source in the EU, for which the EU depends almost completely on imports; regrets the lack of attention paid in the Commission's green paper to the fact; calls upon the Commission and Member States to take into account the need for diminishing the use of oil, decreasing import dependency and contributing to reducing CO2 emissions;

| 42. | Insists that Member States develop a systematic approach, including economic, ecological and technological aspects of the production, distribution, consumption and market penetration of liquid and gaseous biofuels, in particular those used in transport, in order to improve access to and promote trade in biofuels; insists on the full implementation of existing binding legislation; urges the Commission to remove technical and administrative barriers to blending levels and to ensure consistency between different policy areas, e.g. transport, agriculture, trade, and that recognition is given to both liquid and gaseous biofuels as an option for the transport sector and not just as a fuel for generating electricity; encourages Member States to take into account a mandatory and comprehensive certification scheme to be introduced by the Commission allowing the sustainable production of biofuels at all stages, as well as for the overall life-cycle greenhouse gas balance for biofuels produced within and imported into the EU; |
| --- | --- |

42.

Insists that Member States develop a systematic approach, including economic, ecological and technological aspects of the production, distribution, consumption and market penetration of liquid and gaseous biofuels, in particular those used in transport, in order to improve access to and promote trade in biofuels; insists on the full implementation of existing binding legislation; urges the Commission to remove technical and administrative barriers to blending levels and to ensure consistency between different policy areas, e.g. transport, agriculture, trade, and that recognition is given to both liquid and gaseous biofuels as an option for the transport sector and not just as a fuel for generating electricity; encourages Member States to take into account a mandatory and comprehensive certification scheme to be introduced by the Commission allowing the sustainable production of biofuels at all stages, as well as for the overall life-cycle greenhouse gas balance for biofuels produced within and imported into the EU;

| 43. | Calls on the Commission to present a proposal for a directive on heating and cooling from renewable energy sources as soon as possible and recalls its resolution of 14 February 2006 with recommendations to the Commission and Council on heating and cooling from renewable sources of energy; |
| --- | --- |

43.

Calls on the Commission to present a proposal for a directive on heating and cooling from renewable energy sources as soon as possible and recalls its resolution of 14 February 2006 with recommendations to the Commission and Council on heating and cooling from renewable sources of energy;

| 44. | Calls on the Commission to recognise in the medium term the important role of fossil fuels and the possibility of undertaking further studies to reduce their carbon intensity in line with the 2° C degree target for CO2 reduction; considers that this should include continuous modernisation and improvement of their efficiency, development of a new generation of installations based on gasification and parallel electricity and chemical production, the further development of an economical method of carbon capture and storage in relation to coal and gas and oil, in accordance with the decisions taken by the European Technology Platform for Zero Emission Fossil Fuel Power Plant, and the removal of barriers posed by EU legislation; |
| --- | --- |

44.

Calls on the Commission to recognise in the medium term the important role of fossil fuels and the possibility of undertaking further studies to reduce their carbon intensity in line with the 2° C degree target for CO2 reduction; considers that this should include continuous modernisation and improvement of their efficiency, development of a new generation of installations based on gasification and parallel electricity and chemical production, the further development of an economical method of carbon capture and storage in relation to coal and gas and oil, in accordance with the decisions taken by the European Technology Platform for Zero Emission Fossil Fuel Power Plant, and the removal of barriers posed by EU legislation;

| 45. | Calls on the Commission and the Member States to recognise the socio-economic importance of local and indigenous sources of energy in the EU and to encourage their development as a means of contributing to the security of energy supply in Europe; |
| --- | --- |

45.

Calls on the Commission and the Member States to recognise the socio-economic importance of local and indigenous sources of energy in the EU and to encourage their development as a means of contributing to the security of energy supply in Europe;

| 46. | Calls on the Commission to implement the trans-European energy networks and establish a priority interconnection plan, in view of the recently amended decision laying down the guidelines for trans European energy transmission networks, without neglecting the liquefied natural gas reception regasification infrastructure and storage facilities; in addition, believes that all energy sources including renewables should be given fair and non-discriminatory access to the power grids so as to further the integration of markets and ensure security of supply; considers that offshore wind power installations should be integrated first into a regional grid and ultimately into the trans-European energy network; |
| --- | --- |

46.

Calls on the Commission to implement the trans-European energy networks and establish a priority interconnection plan, in view of the recently amended decision laying down the guidelines for trans European energy transmission networks, without neglecting the liquefied natural gas reception regasification infrastructure and storage facilities; in addition, believes that all energy sources including renewables should be given fair and non-discriminatory access to the power grids so as to further the integration of markets and ensure security of supply; considers that offshore wind power installations should be integrated first into a regional grid and ultimately into the trans-European energy network;

| 47. | Asks the Commission to give special consideration to developing marine-based renewable energies (offshore wind, wave power, tidal) in particular in the North Sea, the Baltic Sea, the Irish Sea and the Mediterranean, and solar, in particular in the Mediterranean region, so as to ensure that these resources are included in the 2007 road map on renewable energy sources and are fully and rapidly developed; |
| --- | --- |

47.

Asks the Commission to give special consideration to developing marine-based renewable energies (offshore wind, wave power, tidal) in particular in the North Sea, the Baltic Sea, the Irish Sea and the Mediterranean, and solar, in particular in the Mediterranean region, so as to ensure that these resources are included in the 2007 road map on renewable energy sources and are fully and rapidly developed;

| 48. | Calls for a review of existing EU legislation that prevents the development of the energy policy priorities set out in this resolution, including the future development of large scale tidal projects; |
| --- | --- |

48.

Calls for a review of existing EU legislation that prevents the development of the energy policy priorities set out in this resolution, including the future development of large scale tidal projects;

| 49. | Believes that nuclear energy is a part of the European political debate on the energy mix; recognises the role that nuclear energy currently plays in some Member States in maintaining security of electricity supply, as part of the energy mix and as a way of avoiding CO2 emissions; considers that decisions on whether nuclear energy production should continue to play a role in some Member States can only be taken at Member State level, in accordance with the principle of subsidiarity; |
| --- | --- |

49.

Believes that nuclear energy is a part of the European political debate on the energy mix; recognises the role that nuclear energy currently plays in some Member States in maintaining security of electricity supply, as part of the energy mix and as a way of avoiding CO2 emissions; considers that decisions on whether nuclear energy production should continue to play a role in some Member States can only be taken at Member State level, in accordance with the principle of subsidiarity;

| 50. | Urges the Commission to investigate the development of nuclear energy in Member States, taking account of both the benefits of that technology (low volatility of production costs and no CO2 emissions) and the risks linked to the existence of nuclear power stations (failures and waste disposal); |
| --- | --- |

50.

Urges the Commission to investigate the development of nuclear energy in Member States, taking account of both the benefits of that technology (low volatility of production costs and no CO2 emissions) and the risks linked to the existence of nuclear power stations (failures and waste disposal);

| 51. | Draws attention to the fact that, in view of the high level of EU dependence on imports, it is particularly important to increase the diversity of countries of origin and transit routes; |
| --- | --- |

51.

Draws attention to the fact that, in view of the high level of EU dependence on imports, it is particularly important to increase the diversity of countries of origin and transit routes;

| 52. | Recognises that decisions about the make-up of the energy mix must take account of specific national and regional circumstances; considers, therefore, that the promotion of renewables must be geared to relevant geographical, climatic and economic conditions; |
| --- | --- |

52.

Recognises that decisions about the make-up of the energy mix must take account of specific national and regional circumstances; considers, therefore, that the promotion of renewables must be geared to relevant geographical, climatic and economic conditions;

Infrastructure and investments for security of supply

| 53. | Calls on the Member States to implement their political commitments regarding the development of the missing energy interconnections, paying special attention to the isolated and border regions of the EU, such as the Baltic States; recalls the necessity of investments to achieve this goal, and requests the Commission to propose measures to establish a favourable investment climate in order to ensure that markets send the right signals to investors; calls on the Member States and the Commission to thoroughly consider the environmental aspects before approving further major infrastructure investments, such as the planned North European Pipe line — North Stream; |
| --- | --- |

53.

Calls on the Member States to implement their political commitments regarding the development of the missing energy interconnections, paying special attention to the isolated and border regions of the EU, such as the Baltic States; recalls the necessity of investments to achieve this goal, and requests the Commission to propose measures to establish a favourable investment climate in order to ensure that markets send the right signals to investors; calls on the Member States and the Commission to thoroughly consider the environmental aspects before approving further major infrastructure investments, such as the planned North European Pipe line — North Stream;

| 54. | Takes the view that, in addition to environmental benefits, economic efficiency should also be a determining factor in the promotion of renewables, so that the financial burden on the end user can be minimised; |
| --- | --- |

54.

Takes the view that, in addition to environmental benefits, economic efficiency should also be a determining factor in the promotion of renewables, so that the financial burden on the end user can be minimised;

External aspects

| 55. | Believes that development of a common stance in the EU in the dialogue with third countries will increase the EU's ability to negotiate with energy producing and consuming countries and that the Commissioner responsible for energy should follow a well-defined mandate which sets out a long-term European energy planning vision; |
| --- | --- |

55.

Believes that development of a common stance in the EU in the dialogue with third countries will increase the EU's ability to negotiate with energy producing and consuming countries and that the Commissioner responsible for energy should follow a well-defined mandate which sets out a long-term European energy planning vision;

| 56. | Urges Member States, mindful of improving cooperation with EU institutions, to set down a list of priority areas where they have reached agreement in terms of external energy policy, including:






  a) | climate change targets, energy efficiency and savings targets, the development of renewable technologies, |
| --- | --- | --- |

56.

Urges Member States, mindful of improving cooperation with EU institutions, to set down a list of priority areas where they have reached agreement in terms of external energy policy, including:

a)

climate change targets, energy efficiency and savings targets, the development of renewable technologies,

| b) | human rights and social dialogue, in an endeavour to set standards for Corporate Social Responsibility in the field, both at EU and at UN level, |
| --- | --- |

b)

human rights and social dialogue, in an endeavour to set standards for Corporate Social Responsibility in the field, both at EU and at UN level,

| c) | the inclusion, in all new EU trade and international agreements, of an energy section, in recognition of the principle of reciprocity, transparency and the rule of law, |
| --- | --- |

c)

the inclusion, in all new EU trade and international agreements, of an energy section, in recognition of the principle of reciprocity, transparency and the rule of law,

| d) | the establishment at EU level of an exchange of information on substantive gas contracts and the sale of energy infrastructure to third countries, |
| --- | --- |

d)

the establishment at EU level of an exchange of information on substantive gas contracts and the sale of energy infrastructure to third countries,

| e) | the diversification of supplies and transit routes for oil and gas, in recognition of the EU's Neighbourhood Policy; |
| --- | --- |

e)

the diversification of supplies and transit routes for oil and gas, in recognition of the EU's Neighbourhood Policy;

| 57. | Calls on the Commission and the Member States to support investment in the European Union, and the acquisition of market share here, by firms from energy-producing countries only on the condition of reciprocity, i.e. security of investment in those countries, and with a strategy that combines the transfer of best available technologies with the creation of an international ruled-based, stable framework for investment that draws on WTO and bilateral economic agreements; |
| --- | --- |

57.

Calls on the Commission and the Member States to support investment in the European Union, and the acquisition of market share here, by firms from energy-producing countries only on the condition of reciprocity, i.e. security of investment in those countries, and with a strategy that combines the transfer of best available technologies with the creation of an international ruled-based, stable framework for investment that draws on WTO and bilateral economic agreements;

| 58. | Regards it as vital for the EU to continue to lead the global fight against climate change and to strive for achievement of the Kyoto protocol targets; considers it necessary to integrate the EU's endeavours in the development of renewable and clean energy resources and technologies for energy saving and efficiency into all external relations, in line with the global sustainable development agenda agreed in Johannesburg in 2002; |
| --- | --- |

58.

Regards it as vital for the EU to continue to lead the global fight against climate change and to strive for achievement of the Kyoto protocol targets; considers it necessary to integrate the EU's endeavours in the development of renewable and clean energy resources and technologies for energy saving and efficiency into all external relations, in line with the global sustainable development agenda agreed in Johannesburg in 2002;

| 59. | Stresses the need to create a common energy policy with regard to internal market regulations as well as external aspects that takes into account the political and economic interests of all the Member States; |
| --- | --- |

59.

Stresses the need to create a common energy policy with regard to internal market regulations as well as external aspects that takes into account the political and economic interests of all the Member States;

| 60. | Emphasises the importance of developing of a pan-European Energy Community Treaty; |
| --- | --- |

60.

Emphasises the importance of developing of a pan-European Energy Community Treaty;

| 61. | Welcomes, in the context of the green paper, the Commission's recent initiative to undertake a study ‘addressing the interlinkages between natural resource management and conflict in the Commission's external relations’, and stresses in particular the links between energy security and climate security; |
| --- | --- |

61.

Welcomes, in the context of the green paper, the Commission's recent initiative to undertake a study ‘addressing the interlinkages between natural resource management and conflict in the Commission's external relations’, and stresses in particular the links between energy security and climate security;

| 62. | Asks the Commission to formulate, as the supreme aim of the EU's external energy policy, a reduction in the dependence on fossil fuels from a few big suppliers and to diversify the sources of energy, and, for this purpose, believes that a long-term plan with indicative dates should be presented to Parliament and Council; |
| --- | --- |

62.

Asks the Commission to formulate, as the supreme aim of the EU's external energy policy, a reduction in the dependence on fossil fuels from a few big suppliers and to diversify the sources of energy, and, for this purpose, believes that a long-term plan with indicative dates should be presented to Parliament and Council;

| 63. | Stresses the fact that a new form of political dialogue and cooperation among consumer countries has become indispensable, especially with the US, China, India and Japan; notes that a similar dialogue between key consumer and producer countries has also become necessary in order to develop a global approach to energy; believes that these new forms of global energy dialogue should aim at making global energy markets stable, secure and transparent, and at the same time provide a continued boost in favour of clean energy sources and energy efficiency; |
| --- | --- |

63.

Stresses the fact that a new form of political dialogue and cooperation among consumer countries has become indispensable, especially with the US, China, India and Japan; notes that a similar dialogue between key consumer and producer countries has also become necessary in order to develop a global approach to energy; believes that these new forms of global energy dialogue should aim at making global energy markets stable, secure and transparent, and at the same time provide a continued boost in favour of clean energy sources and energy efficiency;

| 64. | Calls on the Commission and the Council to develop a strategic energy partnership with countries such as China, India, South Africa, Brazil and Mexico to technically assist them in developing sustainable energy strategies and thereby secure their participation in climate change mitigation efforts; |
| --- | --- |

64.

Calls on the Commission and the Council to develop a strategic energy partnership with countries such as China, India, South Africa, Brazil and Mexico to technically assist them in developing sustainable energy strategies and thereby secure their participation in climate change mitigation efforts;

| 65. | Calls on the Commission, as a matter of urgency, to focus not only on closer cooperation with Russia, but also to step up cooperation with other energy exporters, the CIS and particularly the OPEC countries; welcomes the planned development of an EU-wide energy community; |
| --- | --- |

65.

Calls on the Commission, as a matter of urgency, to focus not only on closer cooperation with Russia, but also to step up cooperation with other energy exporters, the CIS and particularly the OPEC countries; welcomes the planned development of an EU-wide energy community;

| 66. | Urges the Commission and the Member States to take very seriously the real danger of a deficit in gas supplies from Russia after 2010 due among other things to a lack of investment, excessive leakage and energy waste in the Russian domestic market; insists that Member States make plain that the kind of investment necessary is more likely to be forthcoming if there is a higher degree of security for investments since these will not be made without long term contracts; insists that the Member States and the Union, in its energy-related discussions with Russia, demand the ratification of the Transit Protocol and the Energy Charter Treaty, something which is instrumental to ensuring future much-needed foreign investment in Russia's energy infrastructure and ensuring an adequate gas supply to the EU in the future; |
| --- | --- |

66.

Urges the Commission and the Member States to take very seriously the real danger of a deficit in gas supplies from Russia after 2010 due among other things to a lack of investment, excessive leakage and energy waste in the Russian domestic market; insists that Member States make plain that the kind of investment necessary is more likely to be forthcoming if there is a higher degree of security for investments since these will not be made without long term contracts; insists that the Member States and the Union, in its energy-related discussions with Russia, demand the ratification of the Transit Protocol and the Energy Charter Treaty, something which is instrumental to ensuring future much-needed foreign investment in Russia's energy infrastructure and ensuring an adequate gas supply to the EU in the future;

| 67. | Notes that the informal European Council meeting in Lahti agreed that the principles of the Energy Charter and the G8 conclusions should be incorporated in the forthcoming agreement between the EU and Russia, which should, inter alia, include:






  a) | a mechanism, like those in the WTO, to decide disputes concerning the EU and Russia and/or individual investors, |
| --- | --- | --- |

67.

Notes that the informal European Council meeting in Lahti agreed that the principles of the Energy Charter and the G8 conclusions should be incorporated in the forthcoming agreement between the EU and Russia, which should, inter alia, include:

a)

a mechanism, like those in the WTO, to decide disputes concerning the EU and Russia and/or individual investors,

| b) | a provision for mutual access to infrastructure, |
| --- | --- |

b)

a provision for mutual access to infrastructure,

| c) | competition rules limiting the power of quasi-monopolistic companies which have not been unbundled having access to their respective energy markets, |
| --- | --- |

c)

competition rules limiting the power of quasi-monopolistic companies which have not been unbundled having access to their respective energy markets,

| d) | and agreement to address the issue of technical failures in the third countries affecting cross-border supplies to the EU Member State; |
| --- | --- |

d)

and agreement to address the issue of technical failures in the third countries affecting cross-border supplies to the EU Member State;

| 68. | Stresses that a precarious energy and climate security situation is frequently the trigger for international crises and conflicts, which have consequences for democracy, human rights and poverty; |
| --- | --- |

68.

Stresses that a precarious energy and climate security situation is frequently the trigger for international crises and conflicts, which have consequences for democracy, human rights and poverty;

| 69. | States that last winter's failure in the gas energy market of several Member States has already resulted in the relocation of enterprises in energy intensive industries; considers it necessary in this context to examine opportunities for promoting solidarity between Member States and considering how to deal with this issue as a priority in order to ensure the proper operation of both existing and future interconnectors; |
| --- | --- |

69.

States that last winter's failure in the gas energy market of several Member States has already resulted in the relocation of enterprises in energy intensive industries; considers it necessary in this context to examine opportunities for promoting solidarity between Member States and considering how to deal with this issue as a priority in order to ensure the proper operation of both existing and future interconnectors;

| 70. | Calls on the EU to seek to include provisions governing energy trade in WTO regulations, enabling that organisation to become an international mediator able to resolve disputes concerning the delivery and distribution of energy; |
| --- | --- |

70.

Calls on the EU to seek to include provisions governing energy trade in WTO regulations, enabling that organisation to become an international mediator able to resolve disputes concerning the delivery and distribution of energy;

| 71. | Believes that the EU has a responsibility to develop with the countries concerned decentralised energy solutions adapted to rural areas; |
| --- | --- |

71.

Believes that the EU has a responsibility to develop with the countries concerned decentralised energy solutions adapted to rural areas;

| 72. | Calls upon the Commission to analyse and address the issue of technical failures in third countries that affect cross-border supplies to the Member States, such as the disruption of the oil supply from the Druzhba pipeline; |
| --- | --- |

72.

Calls upon the Commission to analyse and address the issue of technical failures in third countries that affect cross-border supplies to the Member States, such as the disruption of the oil supply from the Druzhba pipeline;

| 73. | Stresses the need to increase diversity in the EU's gas market by seeking ways of securing greater energy supplies directly from producers in Central Asia, i.e. Kazakhstan, Azerbaijan, Turkmenistan and Uzbekistan; |
| --- | --- |

73.

Stresses the need to increase diversity in the EU's gas market by seeking ways of securing greater energy supplies directly from producers in Central Asia, i.e. Kazakhstan, Azerbaijan, Turkmenistan and Uzbekistan;

| 74. | Calls for steps to be taken to ensure that the Pan European Energy Community (PEEC) is developed, extending the Energy Community Treaty to include Turkey, and examining the possibility of the Mashreq and the Maghreb joining the PEEC; |
| --- | --- |

74.

Calls for steps to be taken to ensure that the Pan European Energy Community (PEEC) is developed, extending the Energy Community Treaty to include Turkey, and examining the possibility of the Mashreq and the Maghreb joining the PEEC;

Single market in energy and competitiveness

| 75. | Calls upon the Member States to recognise that the EU energy market is still not fully liberalised and that full implementation is imperative; is of the opinion that a clear and stable political framework and a competitive and fair energy market is needed to establish a high degree of energy independence, long-term stability, efficiency, environmental sensitivity and security of supply; thus calls upon the Commission and the Member States to carefully assess the need for regulatory intervention against this background; |
| --- | --- |

75.

Calls upon the Member States to recognise that the EU energy market is still not fully liberalised and that full implementation is imperative; is of the opinion that a clear and stable political framework and a competitive and fair energy market is needed to establish a high degree of energy independence, long-term stability, efficiency, environmental sensitivity and security of supply; thus calls upon the Commission and the Member States to carefully assess the need for regulatory intervention against this background;

| 76. | Notes that Member States have been encouraging energy market liberalisation policies in different ways and that differences can also be seen in their regulatory frameworks; |
| --- | --- |

76.

Notes that Member States have been encouraging energy market liberalisation policies in different ways and that differences can also be seen in their regulatory frameworks;

| 77. | Calls for the 2007 Spring European Council to provide a broader vision of the common European interest in the energy field, in order to place the completion of the internal market in a clear political framework, something that is currently lacking; |
| --- | --- |

77.

Calls for the 2007 Spring European Council to provide a broader vision of the common European interest in the energy field, in order to place the completion of the internal market in a clear political framework, something that is currently lacking;

| 78. | Calls on the Commission to use its powers under Article 86(3) of the EC Treaty to increase its efforts to unbundle gas infrastructure in order to promote competition in the gas transit network sector and incentivise operators to open markets to operators other than the traditional gas suppliers; |
| --- | --- |

78.

Calls on the Commission to use its powers under Article 86(3) of the EC Treaty to increase its efforts to unbundle gas infrastructure in order to promote competition in the gas transit network sector and incentivise operators to open markets to operators other than the traditional gas suppliers;

| 79. | Congratulates the Commission on the energy sector inquiry; calls on the Commission to pursue enforcement action including fines against companies which breach competition rules; encourages the Commission to pursue Member States which unduly protect national energy champions, and attempt to re-regulate end prices at a level below the market price, or attempt to block mergers and acquisitions as such behaviour would impede the development of the internal market; requests the Commission to provide guidance on the appropriate form of long term supply contracts and conditions under which arrangements are acceptable; |
| --- | --- |

79.

Congratulates the Commission on the energy sector inquiry; calls on the Commission to pursue enforcement action including fines against companies which breach competition rules; encourages the Commission to pursue Member States which unduly protect national energy champions, and attempt to re-regulate end prices at a level below the market price, or attempt to block mergers and acquisitions as such behaviour would impede the development of the internal market; requests the Commission to provide guidance on the appropriate form of long term supply contracts and conditions under which arrangements are acceptable;

| 80. | Considers that Member States and regions should ensure that small and medium-sized energy producers and large producers are treated equally on the market, with a view to protecting energy consumers against the effects of market monopolies; |
| --- | --- |

80.

Considers that Member States and regions should ensure that small and medium-sized energy producers and large producers are treated equally on the market, with a view to protecting energy consumers against the effects of market monopolies;

| 81. | Urges the Commission in its appraisal of National Allocation Plans (NAPs) to reject the market distortions arising from NAPs and insists on the harmonisation of NAPs, many of which currently undermine the ‘polluter pays’ principle; |
| --- | --- |

81.

Urges the Commission in its appraisal of National Allocation Plans (NAPs) to reject the market distortions arising from NAPs and insists on the harmonisation of NAPs, many of which currently undermine the ‘polluter pays’ principle;

| 82. | Calls on the Commission to put an end to regulated energy prices because these undermine the very essence of open energy markets; calls on the Commission above all to address regulated energy price systems for energy intensive industries because these undermine not only the EU energy market but also the internal market in other commodities; accepts that special measures might be necessary for EU energy intensive industries which are exposed to global competition, but that these measures must be taken in an coordinated way across the EU; urges therefore DG Competition to propose a clear set of criteria to define what are energy intensive industries exposed to global competition and to use these criteria to assess the validity of special national energy regimes for energy intensive industries; |
| --- | --- |

82.

Calls on the Commission to put an end to regulated energy prices because these undermine the very essence of open energy markets; calls on the Commission above all to address regulated energy price systems for energy intensive industries because these undermine not only the EU energy market but also the internal market in other commodities; accepts that special measures might be necessary for EU energy intensive industries which are exposed to global competition, but that these measures must be taken in an coordinated way across the EU; urges therefore DG Competition to propose a clear set of criteria to define what are energy intensive industries exposed to global competition and to use these criteria to assess the validity of special national energy regimes for energy intensive industries;

| 83. | Urges the Commission to take further steps to address concentrations in the energy market in case of abuse of market dominance; |
| --- | --- |

83.

Urges the Commission to take further steps to address concentrations in the energy market in case of abuse of market dominance;

| 84. | Proposes significant increases in the powers of Member State regulators, who should be fully independent of government and industry, and the harmonisation of their powers which could be achieved via the establishment of common rules on transparency, disclosure and accountability, which should be monitored by the Commission and annually by the European Parliament, and the setting of minimum binding guidelines on the procedure for the appointment of regulators; believes that national energy regulators should be given the role of advising competition authorities in the Member States and of ensuring that energy companies have a statutory obligation to give energy saving advice to customers; |
| --- | --- |

84.

Proposes significant increases in the powers of Member State regulators, who should be fully independent of government and industry, and the harmonisation of their powers which could be achieved via the establishment of common rules on transparency, disclosure and accountability, which should be monitored by the Commission and annually by the European Parliament, and the setting of minimum binding guidelines on the procedure for the appointment of regulators; believes that national energy regulators should be given the role of advising competition authorities in the Member States and of ensuring that energy companies have a statutory obligation to give energy saving advice to customers;

| 85. | Calls on the Commission to prepare a review of the power and independence of national regulators and only afterwards to prepare a recommendation on the harmonised development of regulation in the internal market; |
| --- | --- |

85.

Calls on the Commission to prepare a review of the power and independence of national regulators and only afterwards to prepare a recommendation on the harmonised development of regulation in the internal market;

| 86. | Calls on the Member States to grant powers to national regulators, agreed at EU level, to deliver on cross-border electricity and gas transmission, including non-discriminatory grid access, transmission tariffs, capacity allocation, congestion management procurement and network operating, and a clear timetable for bids in the energy market; considers that national regulators should also insist on the need for network operators to act in the interests of European consumers; considers that, before a European regulator is established, the areas of responsibility of Member State regulators should be harmonised in order to ensure greater consistency of action aimed at improving the way the market works; |
| --- | --- |

86.

Calls on the Member States to grant powers to national regulators, agreed at EU level, to deliver on cross-border electricity and gas transmission, including non-discriminatory grid access, transmission tariffs, capacity allocation, congestion management procurement and network operating, and a clear timetable for bids in the energy market; considers that national regulators should also insist on the need for network operators to act in the interests of European consumers; considers that, before a European regulator is established, the areas of responsibility of Member State regulators should be harmonised in order to ensure greater consistency of action aimed at improving the way the market works;

| 87. | Urges the Commission and Member States to promote improved cooperation by Transmission System Operators (TSOs), especially in areas such as cross-border capacity allocation, transparency, intra-day markets, planning of grids and investments relevant to development of regional markets; asks the Commission to prepare, together with the TSOs, a European grid code; |
| --- | --- |

87.

Urges the Commission and Member States to promote improved cooperation by Transmission System Operators (TSOs), especially in areas such as cross-border capacity allocation, transparency, intra-day markets, planning of grids and investments relevant to development of regional markets; asks the Commission to prepare, together with the TSOs, a European grid code;

| 88. | Calls on the Commission to provide a solution to the problems relating to independence/conflicts of interests and transparency with regard to TSOs and to put forward proposals that enable TSOs to aquit themselves of their responsibility as market facilitators and to harmonise the international regulations for TSOs so as to improve cross-border transport; |
| --- | --- |

88.

Calls on the Commission to provide a solution to the problems relating to independence/conflicts of interests and transparency with regard to TSOs and to put forward proposals that enable TSOs to aquit themselves of their responsibility as market facilitators and to harmonise the international regulations for TSOs so as to improve cross-border transport;

| 89. | Calls on the Commission to ensure that there is strict compliance by the Member States with the conditions set out in Article 7(6) of Directive 2001/77/EC, namely that the transmission charges applied by operators for the transport of electricity through the grid do not discriminate in one form or another against electricity from renewable energy sources produced in peripheral regions, such as island regions and regions of low population density; urges the Commission to take further steps to end existing discrimination within Member States; |
| --- | --- |

89.

Calls on the Commission to ensure that there is strict compliance by the Member States with the conditions set out in Article 7(6) of Directive 2001/77/EC, namely that the transmission charges applied by operators for the transport of electricity through the grid do not discriminate in one form or another against electricity from renewable energy sources produced in peripheral regions, such as island regions and regions of low population density; urges the Commission to take further steps to end existing discrimination within Member States;

| 90. | Calls upon the Commission and the Member States to carefully assess whether new institutions like a European Centre for Energy Networks are needed to create a level-playing field, given the already significant number of existing institutions which could be built upon; |
| --- | --- |

90.

Calls upon the Commission and the Member States to carefully assess whether new institutions like a European Centre for Energy Networks are needed to create a level-playing field, given the already significant number of existing institutions which could be built upon;

| 91. | Urges the Commission to provide greater support to interconnectors across the Member States and particularly within the Member States, thereby giving island and remote energy suppliers better access to the mainland grid; |
| --- | --- |

91.

Urges the Commission to provide greater support to interconnectors across the Member States and particularly within the Member States, thereby giving island and remote energy suppliers better access to the mainland grid;

| 92. | Calls on the Commission to analyse precisely the existing problems in granting planning permission at borders and to submit a report to the European Parliament; calls on the Member States to grant planning permission at borders within a period of four years from presentation of an application; adds that one possible way to achieve this might be the introduction of legislation, where necessary; |
| --- | --- |

92.

Calls on the Commission to analyse precisely the existing problems in granting planning permission at borders and to submit a report to the European Parliament; calls on the Member States to grant planning permission at borders within a period of four years from presentation of an application; adds that one possible way to achieve this might be the introduction of legislation, where necessary;

| 93. | Takes the view that the establishment of regional energy markets should help to speed up the integration of EU energy markets and that, under no circumstances, should further barriers to the integration of all energy markets be raised; |
| --- | --- |

93.

Takes the view that the establishment of regional energy markets should help to speed up the integration of EU energy markets and that, under no circumstances, should further barriers to the integration of all energy markets be raised;

| 94. | Calls on the Commission to ensure that greater use is made of market-based allocation systems where cross-border transmission capacity is limited; |
| --- | --- |

94.

Calls on the Commission to ensure that greater use is made of market-based allocation systems where cross-border transmission capacity is limited;

| 95. | Calls on the Commission to make the establishment of well functioning harmonised regional electricity markets by 2009 a priority, with a view to integrating the markets with the biggest potential for development at European level by 2012 and to advancing the establishment of a single European energy market and grid; |
| --- | --- |

95.

Calls on the Commission to make the establishment of well functioning harmonised regional electricity markets by 2009 a priority, with a view to integrating the markets with the biggest potential for development at European level by 2012 and to advancing the establishment of a single European energy market and grid;

| 96. | Notes that cross-border interconnections will require special measures, e.g. the preferential treatment of funding or tax exemptions; urges the EU to rapidly advance with its trans-European energy network (TEN) projects; notes that completing the missing links in TEN will improve security of supply as well as contribute to the completion of the internal market; |
| --- | --- |

96.

Notes that cross-border interconnections will require special measures, e.g. the preferential treatment of funding or tax exemptions; urges the EU to rapidly advance with its trans-European energy network (TEN) projects; notes that completing the missing links in TEN will improve security of supply as well as contribute to the completion of the internal market;

| 97. | Considers it appropriate that the possible expansion of the regulatory framework must be deferred and that, instead, the implementation of existing EC rules in the Member States must be accelerated; considers that additional regulatory measures such as full ownership unbundling should be considered only if the mechanisms envisaged in the existing legislation relating to the internal market prove ineffective in practice; emphasises the importance of improving the effectiveness of regulation and of ensuring proper, coherent implementation of the provisions relating to the separation of activities laid down in existing directives; |
| --- | --- |

97.

Considers it appropriate that the possible expansion of the regulatory framework must be deferred and that, instead, the implementation of existing EC rules in the Member States must be accelerated; considers that additional regulatory measures such as full ownership unbundling should be considered only if the mechanisms envisaged in the existing legislation relating to the internal market prove ineffective in practice; emphasises the importance of improving the effectiveness of regulation and of ensuring proper, coherent implementation of the provisions relating to the separation of activities laid down in existing directives;

| 98. | Urges the Commission to fully consider the recent reports by UCTE and ERGEG on the November 2006 electricity blackout caused in Germany when establishing its position on the future management and ownership of power grids and the need for new legislative initiatives to better regulate the EU power sector; |
| --- | --- |

98.

Urges the Commission to fully consider the recent reports by UCTE and ERGEG on the November 2006 electricity blackout caused in Germany when establishing its position on the future management and ownership of power grids and the need for new legislative initiatives to better regulate the EU power sector;

| 99. | Believes that transmission systems in the energy sector should undergo full ownership unbundling immediately the Commission analyses that existing legislation is ineffective since this would prevent conflicts of interests from arising between competing energy companies; |
| --- | --- |

99.

Believes that transmission systems in the energy sector should undergo full ownership unbundling immediately the Commission analyses that existing legislation is ineffective since this would prevent conflicts of interests from arising between competing energy companies;

| 100. | Believes that the Commission should come forward with a comprehensive gas strategy that examines the need to reduce gas consumption, the assurance of third party access providing for the economical and efficient use of gas, the diversification of supplies and transit routes and improved gas infrastructure (e.g. gas storage, LNG facilities and missing gas hubs) — thus also preparing for the introduction of biogas — and the need in some Member States to reverse the direction of the flow of gas and, furthermore, that deals with the question of storage and stocks after conducting a thorough cost/benefit analysis taking into account the physical and economic constraints of the gas sector; |
| --- | --- |

100.

Believes that the Commission should come forward with a comprehensive gas strategy that examines the need to reduce gas consumption, the assurance of third party access providing for the economical and efficient use of gas, the diversification of supplies and transit routes and improved gas infrastructure (e.g. gas storage, LNG facilities and missing gas hubs) — thus also preparing for the introduction of biogas — and the need in some Member States to reverse the direction of the flow of gas and, furthermore, that deals with the question of storage and stocks after conducting a thorough cost/benefit analysis taking into account the physical and economic constraints of the gas sector;

| 101. | Calls on the Commission to produce proposals for a directive on natural nas directive to balance those for biofuels and hydrogen; |
| --- | --- |

101.

Calls on the Commission to produce proposals for a directive on natural nas directive to balance those for biofuels and hydrogen;

| 102. | Requests the Commission to propose a definition of what constitutes a high energy user; requests the Commission to give special consideration to high energy users in the EU competing in the global economy; |
| --- | --- |

102.

Requests the Commission to propose a definition of what constitutes a high energy user; requests the Commission to give special consideration to high energy users in the EU competing in the global economy;

| 103. | Urges the Commission to use its powers in competition matters to address the existence of market splitting clauses in supply contracts between gas producers and national energy providers in the EU, which prohibit national energy providers in the EU from on-selling the spare gas of gas producers into other EU markets and also to investigate the legality of those long term supply contracts which foreclose the market to other suppliers; |
| --- | --- |

103.

Urges the Commission to use its powers in competition matters to address the existence of market splitting clauses in supply contracts between gas producers and national energy providers in the EU, which prohibit national energy providers in the EU from on-selling the spare gas of gas producers into other EU markets and also to investigate the legality of those long term supply contracts which foreclose the market to other suppliers;

Energy Poverty and Consumer Rights

| 104. | Believes that consumers must be placed at the centre of all future energy policies and that energy poverty should feature more clearly in the Commission's proposals; recalls that consumers, particularly public authorities, which must set an example in this area, also have obligations in terms of energy economy; recognises the central role that smart metering and billing can play in increasing consumer awareness of how and why energy is being used and therefore in changing consumer behaviour; calls on the Council and the Commission to propose measures which help low income households to achieve energy savings in their homes, thereby reducing their energy bills and their exposure to future price increases; |
| --- | --- |

104.

Believes that consumers must be placed at the centre of all future energy policies and that energy poverty should feature more clearly in the Commission's proposals; recalls that consumers, particularly public authorities, which must set an example in this area, also have obligations in terms of energy economy; recognises the central role that smart metering and billing can play in increasing consumer awareness of how and why energy is being used and therefore in changing consumer behaviour; calls on the Council and the Commission to propose measures which help low income households to achieve energy savings in their homes, thereby reducing their energy bills and their exposure to future price increases;

| 105. | Insists on the need to campaign for education and behavioural change in favour of the more sustainable mobility of European citizens; |
| --- | --- |

105.

Insists on the need to campaign for education and behavioural change in favour of the more sustainable mobility of European citizens;

| 106. | Demands that integrated and continuous support be given to local and regional authorities in relation to energy efficiency and sustainability measures under all European funding schemes, in particular the Structural Funds, FP7, Intelligent Energy Europe, and, in general, all regional policy and financial engineering measures encompassed within cohesion policy for the period from 2007 to 2013, as well as in relation to the activities of the EIB; |
| --- | --- |

106.

Demands that integrated and continuous support be given to local and regional authorities in relation to energy efficiency and sustainability measures under all European funding schemes, in particular the Structural Funds, FP7, Intelligent Energy Europe, and, in general, all regional policy and financial engineering measures encompassed within cohesion policy for the period from 2007 to 2013, as well as in relation to the activities of the EIB;

| 107. | Calls on the Commission to show interest in both renewable energy sources and energy saving by emphasising these policies in all initiatives financed by the Structural Funds and the Cohesion Fund (mainstreaming) and, in particular, by European Regional Development Fund initiatives for all regions of the Union, over the programming period 2007-2013, and to draw up a proposal on how to remove the limitation of the energy saving progress caused by the 3 % limit on energy efficiency spending from these funds and to consider the removal of the treshold after 2013; |
| --- | --- |

107.

Calls on the Commission to show interest in both renewable energy sources and energy saving by emphasising these policies in all initiatives financed by the Structural Funds and the Cohesion Fund (mainstreaming) and, in particular, by European Regional Development Fund initiatives for all regions of the Union, over the programming period 2007-2013, and to draw up a proposal on how to remove the limitation of the energy saving progress caused by the 3 % limit on energy efficiency spending from these funds and to consider the removal of the treshold after 2013;

| 108. | Reaffirms its view that supplying people with energy to meet basic needs is indispensable and that such supplies must be assured; therefore requests energy regulators in the Member States to ensure that universal service obligations are honoured and that vulnerable and poor consumers are adequately protected; |
| --- | --- |

108.

Reaffirms its view that supplying people with energy to meet basic needs is indispensable and that such supplies must be assured; therefore requests energy regulators in the Member States to ensure that universal service obligations are honoured and that vulnerable and poor consumers are adequately protected;

| 109. | Endorses the inclusion of energy policy aims in the formulation of criteria for awarding public contracts where it is feasible for the awarding authority, reasonable for the respective tender and does not represent unfair intervention in competition; |
| --- | --- |

109.

Endorses the inclusion of energy policy aims in the formulation of criteria for awarding public contracts where it is feasible for the awarding authority, reasonable for the respective tender and does not represent unfair intervention in competition;

| 110. | Stresses the importance of consumers having easy access to price and choice information, an easy method of switching energy provider and the right to be heard by the regulators in each Member State; |
| --- | --- |

110.

Stresses the importance of consumers having easy access to price and choice information, an easy method of switching energy provider and the right to be heard by the regulators in each Member State;

Development

| 111. | Requests the Commission and Council to recognise that there are 2 billion people in the world without access to basic energy services and that the EU should set out a policy direction alleviating this position and meeting the Millennium Development Goals; |
| --- | --- |

111.

Requests the Commission and Council to recognise that there are 2 billion people in the world without access to basic energy services and that the EU should set out a policy direction alleviating this position and meeting the Millennium Development Goals;

| 112. | Welcomes the Global Energy Efficiency and Renewable Energy Fund initiative as part of a global policy responsibility to promote development; |
| --- | --- |

112.

Welcomes the Global Energy Efficiency and Renewable Energy Fund initiative as part of a global policy responsibility to promote development;

| 113. | Emphasises that the EU and the Member States must use their diplomatic, aid and trade relations with energy supplying countries to promote fiscal transparency; urges the Commission to formally endorse and promote the Extractive Industry Transparency Initiative (EITI) and develop a strategy to mainstream the principles of the EITI and the Corporate Social Responsibility Scheme into all agreements with third countries; considers that specific provisions in these agreements should support the role of civil society as an independent watchdog of energy revenue management; |
| --- | --- |

113.

Emphasises that the EU and the Member States must use their diplomatic, aid and trade relations with energy supplying countries to promote fiscal transparency; urges the Commission to formally endorse and promote the Extractive Industry Transparency Initiative (EITI) and develop a strategy to mainstream the principles of the EITI and the Corporate Social Responsibility Scheme into all agreements with third countries; considers that specific provisions in these agreements should support the role of civil society as an independent watchdog of energy revenue management;

| 114. | Considers that the impact of EU measures would be greatly enhanced by a strong foreign policy seeking to persuade all industrialised countries to participate in the struggle to combat climate change and by incorporating in EU development policy a greater number of programmes seeking to promote clean and efficient energy; |
| --- | --- |

114.

Considers that the impact of EU measures would be greatly enhanced by a strong foreign policy seeking to persuade all industrialised countries to participate in the struggle to combat climate change and by incorporating in EU development policy a greater number of programmes seeking to promote clean and efficient energy;

| 115. | Furthermore, believes that the EU, together with the most ‘advanced’ developing countries, should explore ways of playing a greater part in the worldwide effort to combat and adapt to global warming, and that the EU should also consider what steps could be taken to strengthen world solidarity in the face of the effects of climate changes, especially on the poorest countries; |
| --- | --- |

115.

Furthermore, believes that the EU, together with the most ‘advanced’ developing countries, should explore ways of playing a greater part in the worldwide effort to combat and adapt to global warming, and that the EU should also consider what steps could be taken to strengthen world solidarity in the face of the effects of climate changes, especially on the poorest countries;

| 116. | Stresses that economic development is a right for all developing countries; emphasises, however, that developing countries do not have to repeat the polluting practices of the industrialised countries, and calls therefore for increased attention to be paid to technology cooperation and capacity building in the field of sustainable energy and to global efficiency standards for energy-using products; |
| --- | --- |

116.

Stresses that economic development is a right for all developing countries; emphasises, however, that developing countries do not have to repeat the polluting practices of the industrialised countries, and calls therefore for increased attention to be paid to technology cooperation and capacity building in the field of sustainable energy and to global efficiency standards for energy-using products;

| 117. | Calls for greater support to be given, for example through knowledge and technology transfer, to the use of sustainable, locally available forms of energy and decentralised energy networks in particular in developing countries, in order to ensure access to energy, save resources, create jobs, reduce dependency and assist the development of properly functioning market economies; |
| --- | --- |

117.

Calls for greater support to be given, for example through knowledge and technology transfer, to the use of sustainable, locally available forms of energy and decentralised energy networks in particular in developing countries, in order to ensure access to energy, save resources, create jobs, reduce dependency and assist the development of properly functioning market economies;

*

- *

| 118. | Instructs its President to forward this resolution to the Council and Commission. |
| --- | --- |

118.

Instructs its President to forward this resolution to the Council and Commission.

---

(1)  OJ C 320 E, 15.12.2005, p. 36.

(2)  OJ C 272 E, 9.11.2006, p. 404.

(3)  OJ C 286 E, 23.11.2006, p. 172.

(4)  Texts Adopted, P6_TA(2006)0118.

(5)  Texts Adopted, P6_TA(2006)0219.

(6)  OJ C 280 E, 18.11.2006, p. 108.

(7)  OJ C 280 E, 18.11.2006, p. 117.

(8)  OJ C 280 E, 18.11.2006, p. 120.

(9)  OJ C 226 E, 15.9.2005, p. 44.

(10)  OJ C 157 E, 6.7.2006, p. 61.

(11)  Texts Adopted, P6_TA(2006)0300.

(12)  Texts Adopted, P6_TA(2006)0058.

(13)  OJ C 227 E, 21.9.2006, p. 599.

(14)  Texts Adopted, P6_TA(2006)0110.

(15)  Texts Adopted, P6_TA(2006)0243.

(16)  www.iphe.net

(17)  www.iter.org

(18)  OJ L 191, 22.7.2005, p. 29.

(19)  OJ L 114, 27.4.2006, p. 64.

P6_TA(2006)0604

Biomass and biofuels

European Parliament resolution on a strategy for biomass und biofuels (2006/2082(INI))

The European Parliament,

| — | having regard to the Commission communication entitled ‘Biomass action plan’ (COM(2005)0628), |
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—

having regard to the Commission communication entitled ‘Biomass action plan’ (COM(2005)0628),

| — | having regard to the Commission communication entitled ‘An EU Strategy for Biofuels’ (COM(2006)0034), |
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—

having regard to the Commission communication entitled ‘An EU Strategy for Biofuels’ (COM(2006)0034),

| — | having regard to Directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market (1), |
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—

having regard to Directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market (1),

| — | having regard to Directive 2003/30/EC of the European Parliament and of the Council of 8 May 2003 on the promotion of the use of biofuels or other renewable fuels for transport (2), |
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—

having regard to Directive 2003/30/EC of the European Parliament and of the Council of 8 May 2003 on the promotion of the use of biofuels or other renewable fuels for transport (2),

| — | having regard to its resolution of 14 February 2006 with recommendations to the Commission on heating and cooling from renewable sources of energy (3), |
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—

having regard to its resolution of 14 February 2006 with recommendations to the Commission on heating and cooling from renewable sources of energy (3),

| — | having regard to the mandate given to the European Commission for the WTO negotiations in the field of agriculture, as laid down in the EC's proposal for the modalities in the WTO Agriculture Negotiations (ref 625/02, January 2003), |
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—

having regard to the mandate given to the European Commission for the WTO negotiations in the field of agriculture, as laid down in the EC's proposal for the modalities in the WTO Agriculture Negotiations (ref 625/02, January 2003),

| — | having regard to Rule 45 of its Rules of Procedure, |
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—

having regard to Rule 45 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on Agriculture and Rural Development, the Committee on the Environment, Public Health and Food Safety, the Committee on International Trade and the Committee on Transport and Tourism (A6-0347/2006), |
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—

having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on Agriculture and Rural Development, the Committee on the Environment, Public Health and Food Safety, the Committee on International Trade and the Committee on Transport and Tourism (A6-0347/2006),

| A. | whereas greater use should be made, inter alia, of biomass in the long term as an energy source and its energy use should be exploited to the fullest extent possible, above all in forestry, agriculture and waste, |
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A.

whereas greater use should be made, inter alia, of biomass in the long term as an energy source and its energy use should be exploited to the fullest extent possible, above all in forestry, agriculture and waste,

| B. | whereas sustainable solutions to the energy challenge are to be achieved through remarkable, indispensable improvements in energy efficiency, through energy savings and, at the same time, through the expansion of renewable energy sources, |
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B.

whereas sustainable solutions to the energy challenge are to be achieved through remarkable, indispensable improvements in energy efficiency, through energy savings and, at the same time, through the expansion of renewable energy sources,

| C. | whereas the primary potential uses of biomass lie in electricity generation, heating and cooling, hydrogen and methane production, fuel manufacture and the chemical, food, paper and woodworking industries, |
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C.

whereas the primary potential uses of biomass lie in electricity generation, heating and cooling, hydrogen and methane production, fuel manufacture and the chemical, food, paper and woodworking industries,

| D. | whereas biomass is the only carbon carrier among the renewable energies and both energy use and the manufacture of carbonaceous products therefore merit attention, |
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D.

whereas biomass is the only carbon carrier among the renewable energies and both energy use and the manufacture of carbonaceous products therefore merit attention,

| E. | E whereas increased use of biomass can make a contribution to the three main objectives of energy policy, namely security of supply, competitiveness and environmental sustainability, by reducing greenhouse gas emissions, |
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E.

E whereas increased use of biomass can make a contribution to the three main objectives of energy policy, namely security of supply, competitiveness and environmental sustainability, by reducing greenhouse gas emissions,

| F. | whereas the type of bio-energy use and the choice of crop and the characteristics of the agricultural system in which the crop is grown will determine whether the use of bio-energy will reduce the production of greenhouse gases, |
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F.

whereas the type of bio-energy use and the choice of crop and the characteristics of the agricultural system in which the crop is grown will determine whether the use of bio-energy will reduce the production of greenhouse gases,

| G. | whereas the transport sector is responsible for more than 20 % of greenhouse gas emissions although this sector is not included in the emissions trading mechanism; whereas these emissions are expected to continue to increase in future years and biofuels are one way of improving the sector's environmental performance, |
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G.

whereas the transport sector is responsible for more than 20 % of greenhouse gas emissions although this sector is not included in the emissions trading mechanism; whereas these emissions are expected to continue to increase in future years and biofuels are one way of improving the sector's environmental performance,

| H. | whereas biomass could be a means of reducing dependence on external energy sources and of unlocking new economic development and employment opportunities in rural areas, |
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H.

whereas biomass could be a means of reducing dependence on external energy sources and of unlocking new economic development and employment opportunities in rural areas,

| I. | whereas some Member States are not complying with Directive 2003/30/EC concerning biofuels for transport, and are setting very low targets, |
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I.

whereas some Member States are not complying with Directive 2003/30/EC concerning biofuels for transport, and are setting very low targets,

| J. | whereas, today, there are still logistical and technical barriers to the use of biomass that are attributable to comparatively low energy content, decentralised availability, the variety of substances employed and fuel synthesis, |
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J.

whereas, today, there are still logistical and technical barriers to the use of biomass that are attributable to comparatively low energy content, decentralised availability, the variety of substances employed and fuel synthesis,

| K. | whereas second-generation biofuels (‘Biomass-to-Liquid (BTL)’ fuels) have a much higher energy use potential than first-generation biofuels (vegetable oils, biodiesel, ethanol), |
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K.

whereas second-generation biofuels (‘Biomass-to-Liquid (BTL)’ fuels) have a much higher energy use potential than first-generation biofuels (vegetable oils, biodiesel, ethanol),

| L. | whereas Community legislation on petrol quality prohibits the use of mixtures with more than 5 % bioethanol, |
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L.

whereas Community legislation on petrol quality prohibits the use of mixtures with more than 5 % bioethanol,

| M. | whereas the technology is available for the production of second-generation biofuels, demand is increasing for higher-quality fuels and infrastructure and drive systems are in place as well, |
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M.

whereas the technology is available for the production of second-generation biofuels, demand is increasing for higher-quality fuels and infrastructure and drive systems are in place as well,

| N. | whereas, worldwide, the switch to the production of carbonaceous products using synthetic fuels is economically feasible, as demonstrated by examples in South Africa and Trinidad; nevertheless, this production of second-generation biofuels must not impede the production of first-generation fuel initiated by Member States in accordance with Directive 2003/30/EC, |
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N.

whereas, worldwide, the switch to the production of carbonaceous products using synthetic fuels is economically feasible, as demonstrated by examples in South Africa and Trinidad; nevertheless, this production of second-generation biofuels must not impede the production of first-generation fuel initiated by Member States in accordance with Directive 2003/30/EC,

| O. | whereas the framing of an EU-wide policy for the promotion of biomass requires an integrated approach that opens up competition to all types of use, |
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O.

whereas the framing of an EU-wide policy for the promotion of biomass requires an integrated approach that opens up competition to all types of use,

| P. | whereas, in keeping with the subsidiarity principle, the biomass action plan must allow Member States the necessary discretion and flexibility to decide for themselves their own goals and political measures as well as the instruments for promoting bioenergy, provided that those policies do not distort competition between Member States, |
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P.

whereas, in keeping with the subsidiarity principle, the biomass action plan must allow Member States the necessary discretion and flexibility to decide for themselves their own goals and political measures as well as the instruments for promoting bioenergy, provided that those policies do not distort competition between Member States,

| Q. | whereas cost effectiveness and sustainability are important guiding principles for the ecologically rational promotion of bio-energy combining a high level of environmental safety with an economically viable long-term funding base, |
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Q.

whereas cost effectiveness and sustainability are important guiding principles for the ecologically rational promotion of bio-energy combining a high level of environmental safety with an economically viable long-term funding base,

| R. | whereas to fulfil the objectives of environmental sustainability and a reduction in greenhouse gases it is necessary to ensure that the overall life cycle of biofuel from field to fuel tank, including all transportation, results in significantly lower carbon emissions than are produced by fossil fuel, |
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R.

whereas to fulfil the objectives of environmental sustainability and a reduction in greenhouse gases it is necessary to ensure that the overall life cycle of biofuel from field to fuel tank, including all transportation, results in significantly lower carbon emissions than are produced by fossil fuel,

| S. | whereas the issue of the domestic generation and import of biomass must be viewed from the angle that the development of an autonomous biomass sector in the European Union is worth promoting, in view also of the additional income potentially available to agriculture, |
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S.

whereas the issue of the domestic generation and import of biomass must be viewed from the angle that the development of an autonomous biomass sector in the European Union is worth promoting, in view also of the additional income potentially available to agriculture,

| T. | whereas the emergence of a European biofuels sector offers opportunities for biofuel technology transfer to developing countries crippled by rising oil prices, |
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T.

whereas the emergence of a European biofuels sector offers opportunities for biofuel technology transfer to developing countries crippled by rising oil prices,

| U. | whereas the lack of clear environmental standards and safeguards, especially in the case of biofuels, could have significant negative effects, such as an increase in tropical deforestation, while failing to reduce greenhouse gas emissions significantly, |
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U.

whereas the lack of clear environmental standards and safeguards, especially in the case of biofuels, could have significant negative effects, such as an increase in tropical deforestation, while failing to reduce greenhouse gas emissions significantly,

| V. | whereas existing legislation in the European Union should be reviewed with a view to better utilisation of biomass, |
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V.

whereas existing legislation in the European Union should be reviewed with a view to better utilisation of biomass,

| W. | whereas a balanced mix must be found between goods production and energy use and energy use is only one of several potential uses of biomass, |
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W.

whereas a balanced mix must be found between goods production and energy use and energy use is only one of several potential uses of biomass,

| X. | whereas the chemical utilisation of products derived from animal fats and vegetable oils is a competitive economic sector, the existence of which must not be jeopardised, |
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X.

whereas the chemical utilisation of products derived from animal fats and vegetable oils is a competitive economic sector, the existence of which must not be jeopardised,

| Y. | whereas the industrial use of wood and woody by-products as materials is a competitive sector that creates jobs and value, the existence of which should not be jeopardised, |
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Y.

whereas the industrial use of wood and woody by-products as materials is a competitive sector that creates jobs and value, the existence of which should not be jeopardised,

| Z. | whereas other, non-European countries have taken significant steps to promote biofuels and have already succeeded in achieving a high level of penetration of the fuel market, |
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Z.

whereas other, non-European countries have taken significant steps to promote biofuels and have already succeeded in achieving a high level of penetration of the fuel market,

| 1. | Welcomes the two Commission communications on the biomass action plan and on an EU strategy for biofuels; |
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1.

Welcomes the two Commission communications on the biomass action plan and on an EU strategy for biofuels;

| 2. | Shares the Commission's assessment of the current state of biomass use and of the barriers to its further spread throughout the energy sector; |
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2.

Shares the Commission's assessment of the current state of biomass use and of the barriers to its further spread throughout the energy sector;

| 3. | Is convinced that the European Union strategy for promoting biofuels, particularly against the background of the Lisbon Strategy, must be guided by efficiency and sustainability and that measures must not be allowed to generate a disproportionately high level of administrative expenditure; |
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3.

Is convinced that the European Union strategy for promoting biofuels, particularly against the background of the Lisbon Strategy, must be guided by efficiency and sustainability and that measures must not be allowed to generate a disproportionately high level of administrative expenditure;

| 4. | Believes that there is a need to create at regional, national and European level transparent and open markets for biomass and biofuels which meet sustainable production standards and that these markets should be integrated into the system of the World Trade Organisation (WTO) and be compatible with a single, transparent and competitive energy market; |
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4.

Believes that there is a need to create at regional, national and European level transparent and open markets for biomass and biofuels which meet sustainable production standards and that these markets should be integrated into the system of the World Trade Organisation (WTO) and be compatible with a single, transparent and competitive energy market;

| 5. | Takes the view that the producers of biofuels need a consistent investment and pricing policy for the medium term at Member State level and European Union level that will make it possible to recover investments made within a reasonable period; |
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5.

Takes the view that the producers of biofuels need a consistent investment and pricing policy for the medium term at Member State level and European Union level that will make it possible to recover investments made within a reasonable period;

| 6. | Urges the Commission to work towards a European market for biomass and calls on the Member States to eliminate barriers at Member State level and between Member States; |
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6.

Urges the Commission to work towards a European market for biomass and calls on the Member States to eliminate barriers at Member State level and between Member States;

| 7. | Assumes that the biomass action plan and the communication on a strategy for biofuels are the basis for specific and effective measures; |
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7.

Assumes that the biomass action plan and the communication on a strategy for biofuels are the basis for specific and effective measures;

| 8. | Urges the Commission to re-examine the goals set in the biomass action plan for heat production, electricity generation and biofuels production with reference to the competitiveness, efficiency and energy output of each sector; |
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8.

Urges the Commission to re-examine the goals set in the biomass action plan for heat production, electricity generation and biofuels production with reference to the competitiveness, efficiency and energy output of each sector;

| 9. | Considers that the Commission should reconsider all action plans and directives with a view to permitting the rational production and use of bioenergy and biofuels and that this should be done principally in the fields of plant production, forestry and waste management; |
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9.

Considers that the Commission should reconsider all action plans and directives with a view to permitting the rational production and use of bioenergy and biofuels and that this should be done principally in the fields of plant production, forestry and waste management;

| 10. | Agrees with the Commission that the use of biomass in stationary applications such as power, heating and cooling can contribute optimally to the achievement of the EU's stated objective of reducing greenhouse gas generation; urges support for the cost-effective and sustainable production and use of biomass in the areas of electricity generation, methane production, transport and heating and cooling if necessary by means of appropriate measures consistent with achieving the Kyoto targets and the longer-term 2 °C climate objective; calls in this connection for special attention to be given to converting district heating networks; |
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10.

Agrees with the Commission that the use of biomass in stationary applications such as power, heating and cooling can contribute optimally to the achievement of the EU's stated objective of reducing greenhouse gas generation; urges support for the cost-effective and sustainable production and use of biomass in the areas of electricity generation, methane production, transport and heating and cooling if necessary by means of appropriate measures consistent with achieving the Kyoto targets and the longer-term 2 °C climate objective; calls in this connection for special attention to be given to converting district heating networks;

| 11. | Considers that aid and assistance in connection with biomass-based renewable energies should not distort competition on raw material markets in the long term; |
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11.

Considers that aid and assistance in connection with biomass-based renewable energies should not distort competition on raw material markets in the long term;

| 12. | Assumes that more rapid development and increased use of biomass and biofuels can also be brought about by means of voluntary agreements and calls on the Member States and the Commission to encourage the use of biomass for energy generation, including by applying environmental requirements to emissions rather than to the choice of fuel; |
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12.

Assumes that more rapid development and increased use of biomass and biofuels can also be brought about by means of voluntary agreements and calls on the Member States and the Commission to encourage the use of biomass for energy generation, including by applying environmental requirements to emissions rather than to the choice of fuel;

| 13. | Believes that wood biomass is particularly suitable, given the size of the market and the potential uses available, for developing markets operating on a Europe-wide basis, although existing market shortages and rising prices must be borne in mind; therefore endorses the Commission's intention to put forward as soon as possible an action plan for forestry; |
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13.

Believes that wood biomass is particularly suitable, given the size of the market and the potential uses available, for developing markets operating on a Europe-wide basis, although existing market shortages and rising prices must be borne in mind; therefore endorses the Commission's intention to put forward as soon as possible an action plan for forestry;

| 14. | Considers however that the use of forest biomass must not lead to increased pressure on natural forests, halt the recovery of historically over-exploited forests or lead to expansion in monocultures or exotic species plantations and must always be promoted in ways that are compatible with improving the ecological quality of forests; |
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14.

Considers however that the use of forest biomass must not lead to increased pressure on natural forests, halt the recovery of historically over-exploited forests or lead to expansion in monocultures or exotic species plantations and must always be promoted in ways that are compatible with improving the ecological quality of forests;

| 15. | Calls on the Member States to make financial support for biomass conditional not on the size but on the efficiency of the installation in question, on there being a significantly positive greenhouse gases balance as well as on noticeable benefits for the environment and security of supply, in accordance with the principle of additionality, having regard to the type and amount of support necessary to achieve market penetration for a given type of biomass; |
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15.

Calls on the Member States to make financial support for biomass conditional not on the size but on the efficiency of the installation in question, on there being a significantly positive greenhouse gases balance as well as on noticeable benefits for the environment and security of supply, in accordance with the principle of additionality, having regard to the type and amount of support necessary to achieve market penetration for a given type of biomass;

| 16. | Calls on the Commission to develop a tool which can assess the sustainability of production and use of (bio) fuels; believes that a common methodology should be developed to objectively measure the environmental, social and economic-sustainability aspects of mineral fuels and bio fuels, which could also serve as a reference point in policy incentives in favour of the most sustainable (bio) fuels; |
| --- | --- |

16.

Calls on the Commission to develop a tool which can assess the sustainability of production and use of (bio) fuels; believes that a common methodology should be developed to objectively measure the environmental, social and economic-sustainability aspects of mineral fuels and bio fuels, which could also serve as a reference point in policy incentives in favour of the most sustainable (bio) fuels;

| 17. | Calls on the Member States as a matter of priority to provide incentives for energy production achieved pursuant to supply chain contracts between farmers and companies which use biomass for energy purposes; |
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17.

Calls on the Member States as a matter of priority to provide incentives for energy production achieved pursuant to supply chain contracts between farmers and companies which use biomass for energy purposes;

| 18. | Expects Member States to come up with investment incentives for the production and use of biomass and biofuels that are the most efficient from a climatic point of view and compatible with structural and agricultural policy rules, taking particular account of environmentally-compatible, regionally-adapted and traditional varieties; believes that such incentive schemes must under no circumstances lead to the replacement of sustainable local food production; |
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18.

Expects Member States to come up with investment incentives for the production and use of biomass and biofuels that are the most efficient from a climatic point of view and compatible with structural and agricultural policy rules, taking particular account of environmentally-compatible, regionally-adapted and traditional varieties; believes that such incentive schemes must under no circumstances lead to the replacement of sustainable local food production;

| 19. | Expects Member States to develop national biomass action plans, to combine them in due course with their own structural and agricultural policy measures and to update such national action plans at specified intervals; furthermore expects them do everything possible to attain the objectives of Directive 2003/30/EC; |
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19.

Expects Member States to develop national biomass action plans, to combine them in due course with their own structural and agricultural policy measures and to update such national action plans at specified intervals; furthermore expects them do everything possible to attain the objectives of Directive 2003/30/EC;

| 20. | Calls on the Commission to examine, on the basis of scientific well-to-wheel comparisons of various types of imported and EU-produced biomass, the sustainability of biomass and biofuels in all applications, to publish a review of compatibility with the Community acquis and to forward a report to Parliament and the Council by the end of 2007; |
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20.

Calls on the Commission to examine, on the basis of scientific well-to-wheel comparisons of various types of imported and EU-produced biomass, the sustainability of biomass and biofuels in all applications, to publish a review of compatibility with the Community acquis and to forward a report to Parliament and the Council by the end of 2007;

| 21. | Calls on the Commission and the Member States, in connection with increased use of biomass for energy purposes, to ensure respect for nature conservation, landscape management, rural management and forest management interests and constraints; |
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21.

Calls on the Commission and the Member States, in connection with increased use of biomass for energy purposes, to ensure respect for nature conservation, landscape management, rural management and forest management interests and constraints;

| 22. | Expects the Commission, following a strategic environmental assessment, to put forward proposals for promoting the cost-effective and sustainable use of biomass for heating and cooling purposes in both the public and private sectors; |
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22.

Expects the Commission, following a strategic environmental assessment, to put forward proposals for promoting the cost-effective and sustainable use of biomass for heating and cooling purposes in both the public and private sectors;

| 23. | Considers that, given the conflicting demands on biomass from waste, it is important that bio-energy should not be used as an excuse to promote waste incineration over more resource-saving options such as reuse, recycling or composting; |
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23.

Considers that, given the conflicting demands on biomass from waste, it is important that bio-energy should not be used as an excuse to promote waste incineration over more resource-saving options such as reuse, recycling or composting;

| 24. | Expects the use as fuel of waste that cannot subsequently be recycled as matter, including by-products of agricultural food production, except for those originating in areas affected by desertification, to be facilitated, account being taken of energy efficiency, in connection with the review of the legal framework for waste; notes, however, that this should be subject to the condition that it does not present an obstacle to the reuse of recyclable materials; |
| --- | --- |

24.

Expects the use as fuel of waste that cannot subsequently be recycled as matter, including by-products of agricultural food production, except for those originating in areas affected by desertification, to be facilitated, account being taken of energy efficiency, in connection with the review of the legal framework for waste; notes, however, that this should be subject to the condition that it does not present an obstacle to the reuse of recyclable materials;

| 25. | Calls on the Commission to eliminate any obstacles based on European legislation so as to render possible and to promote the fermentation of manure or organic waste to produce biogas; |
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25.

Calls on the Commission to eliminate any obstacles based on European legislation so as to render possible and to promote the fermentation of manure or organic waste to produce biogas;

| 26. | Urges the opening up of gas networks to receive biogas and transport it on a non-discriminatory basis where it is technically possible to inject it into and transport it safely in the natural gas system; |
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26.

Urges the opening up of gas networks to receive biogas and transport it on a non-discriminatory basis where it is technically possible to inject it into and transport it safely in the natural gas system;

| 27. | Expects the administrative procedures for bioenergy production and use to be simplified and extended to all Member States; |
| --- | --- |

27.

Expects the administrative procedures for bioenergy production and use to be simplified and extended to all Member States;

| 28. | Stresses that support for the promotion of energy crops was introduced as part of the reform of the common agricultural policy; |
| --- | --- |

28.

Stresses that support for the promotion of energy crops was introduced as part of the reform of the common agricultural policy;

| 29. | Emphasises that, in the interests of sustainability, when exploiting biomass, encouragement should be provided for exploitation as close as possible to the location where the agricultural raw material originates, thus eliminating energy waste caused by transport; calls on the Commission and the Member States, therefore, to use rural development funding for the purpose of converting rural public institutions to the use of bioenergy as a heat source; |
| --- | --- |

29.

Emphasises that, in the interests of sustainability, when exploiting biomass, encouragement should be provided for exploitation as close as possible to the location where the agricultural raw material originates, thus eliminating energy waste caused by transport; calls on the Commission and the Member States, therefore, to use rural development funding for the purpose of converting rural public institutions to the use of bioenergy as a heat source;

| 30. | Urges the recognition and promotion of whole-crop incineration, for example, the incineration of cereals; |
| --- | --- |

30.

Urges the recognition and promotion of whole-crop incineration, for example, the incineration of cereals;

| 31. | Welcomes the Commission's emphasis on the importance of using up Community stocks of intervention cereals to produce bioenergy; highlights the fact that this will make it possible to reduce the quantity of intervention cereals going for export, and thus make it easier for the EU to fulfil the obligations it has undertaken in the WTO; calls, therefore, on the Commission to devise appropriate incentives with a view to ensuring that as large a quantity as possible of intervention cereals is used up in this way; |
| --- | --- |

31.

Welcomes the Commission's emphasis on the importance of using up Community stocks of intervention cereals to produce bioenergy; highlights the fact that this will make it possible to reduce the quantity of intervention cereals going for export, and thus make it easier for the EU to fulfil the obligations it has undertaken in the WTO; calls, therefore, on the Commission to devise appropriate incentives with a view to ensuring that as large a quantity as possible of intervention cereals is used up in this way;

| 32. | Welcomes the objective underlying the Commission communication of continuing to promote the use of renewable energies, including biofuels, including their use in the transport sector, without prejudice to the freedom of the Member States to choose other renewable technologies as well as the sector and application in which biomass achieves the highest greenhouse and energy benefits; |
| --- | --- |

32.

Welcomes the objective underlying the Commission communication of continuing to promote the use of renewable energies, including biofuels, including their use in the transport sector, without prejudice to the freedom of the Member States to choose other renewable technologies as well as the sector and application in which biomass achieves the highest greenhouse and energy benefits;

| 33. | Calls on the Member States to promote the use of biofuels through the taxation and excise system so as to make the production and use of biofuels more attractive; calls on the Member States to increase their support for a coordinated policy in this field; supports therefore the Commission in its aim to propose biofuel obligations as outlined in the EU strategy for biofuels (COM(2006)0034); calls on the Commission to set new, more ambitious, long-term targets until 2020, in order to create investment security; |
| --- | --- |

33.

Calls on the Member States to promote the use of biofuels through the taxation and excise system so as to make the production and use of biofuels more attractive; calls on the Member States to increase their support for a coordinated policy in this field; supports therefore the Commission in its aim to propose biofuel obligations as outlined in the EU strategy for biofuels (COM(2006)0034); calls on the Commission to set new, more ambitious, long-term targets until 2020, in order to create investment security;

| 34. | Calls on the Commission, through dialogue with the oil and gas companies and vehicle manufacturers, to improve access to environmentally-friendly vehicles, and the distribution of and consumer access to biofuel; |
| --- | --- |

34.

Calls on the Commission, through dialogue with the oil and gas companies and vehicle manufacturers, to improve access to environmentally-friendly vehicles, and the distribution of and consumer access to biofuel;

| 35. | Calls on the Commission to remove any unjustified barriers to the market of biomass and biofuels without compromising the environmental and health considerations on which such measures were based; |
| --- | --- |

35.

Calls on the Commission to remove any unjustified barriers to the market of biomass and biofuels without compromising the environmental and health considerations on which such measures were based;

| 36. | Endorses the Commission's intention to provide ongoing support for research and development, particularly in the field of second-generation biofuels, and to facilitate their large-scale implementation; |
| --- | --- |

36.

Endorses the Commission's intention to provide ongoing support for research and development, particularly in the field of second-generation biofuels, and to facilitate their large-scale implementation;

| 37. | Is of the opinion that second-generation biofuels (BTL fuels) have a much higher energy use potential than first-generation biofuels; |
| --- | --- |

37.

Is of the opinion that second-generation biofuels (BTL fuels) have a much higher energy use potential than first-generation biofuels;

| 38. | Believes that there is an urgent need to lay down as soon as possible the technical standards for biofuels and to review Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and its relationship to biofuels use, without compromising the environmental and health considerations on which this measure was based; stresses that the existing standards should only be adjusted, or Directive 98/70/EC should only be amended, once the Commission has finalised its assessment of the impact on air quality of the use of higher biofuels blends in petrol and diesel; |
| --- | --- |

38.

Believes that there is an urgent need to lay down as soon as possible the technical standards for biofuels and to review Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and its relationship to biofuels use, without compromising the environmental and health considerations on which this measure was based; stresses that the existing standards should only be adjusted, or Directive 98/70/EC should only be amended, once the Commission has finalised its assessment of the impact on air quality of the use of higher biofuels blends in petrol and diesel;

| 39. | Urges, in particular, an overhaul of the existing standard EN 14214 in order to include additional types of biomass; |
| --- | --- |

39.

Urges, in particular, an overhaul of the existing standard EN 14214 in order to include additional types of biomass;

| 40. | Calls for the definition of different types of second generation biofuels in order to distinguish, given the impacts on the environment, between sylviculture products and products derived from lignocellulosic waste materials, landfill organic waste and raw materials of animal and vegetable origin; |
| --- | --- |

40.

Calls for the definition of different types of second generation biofuels in order to distinguish, given the impacts on the environment, between sylviculture products and products derived from lignocellulosic waste materials, landfill organic waste and raw materials of animal and vegetable origin;

| 41. | Supports the establishment of a biofuel technology platform jointly with all technology providers involved in the development, production, processing and final use of energy crops; |
| --- | --- |

41.

Supports the establishment of a biofuel technology platform jointly with all technology providers involved in the development, production, processing and final use of energy crops;

| 42. | Expects the Commission to take appropriate account in its support for research of the aim of increasing the use of biomass in connection with distance cooling and heating systems — in accordance with the position adopted by Parliament at first reading on the Seventh Framework Programme for research (4); |
| --- | --- |

42.

Expects the Commission to take appropriate account in its support for research of the aim of increasing the use of biomass in connection with distance cooling and heating systems — in accordance with the position adopted by Parliament at first reading on the Seventh Framework Programme for research (4);

| 43. | Strongly urges the Member States to indicate as soon as possible their national target for bio-energy, which should be in line with their national Kyoto target as well as the EU agreed long-term target of 2 °C; |
| --- | --- |

43.

Strongly urges the Member States to indicate as soon as possible their national target for bio-energy, which should be in line with their national Kyoto target as well as the EU agreed long-term target of 2 °C;

| 44. | Asks the Commission to introduce a mandatory and comprehensive certification scheme allowing the sustainable production of biofuels at all stages, including standards for the cultivation and processing phases as well as for the overall life-cycle greenhouse gas balance, applicable to biofuels both produced within, and imported into, the European Union; |
| --- | --- |

44.

Asks the Commission to introduce a mandatory and comprehensive certification scheme allowing the sustainable production of biofuels at all stages, including standards for the cultivation and processing phases as well as for the overall life-cycle greenhouse gas balance, applicable to biofuels both produced within, and imported into, the European Union;

| 45. | Calls on the Commission to support the development and use of the Global Monitoring for Environment and Security (GMES) system to monitor land use in the production of bio-ethanol so as to prevent the destruction of rainforests and other negative impacts on the environment; |
| --- | --- |

45.

Calls on the Commission to support the development and use of the Global Monitoring for Environment and Security (GMES) system to monitor land use in the production of bio-ethanol so as to prevent the destruction of rainforests and other negative impacts on the environment;

| 46. | Recognises that further increasing palm oil production may affect natural forests and traditional food production, causing bio-diversity loss, land disputes and significant releases of greenhouse gases; calls therefore on the Commission to subject the importation of palm oil-based products into the EU to compliance with sustainable production criteria, defined within a comprehensive certification scheme; |
| --- | --- |

46.

Recognises that further increasing palm oil production may affect natural forests and traditional food production, causing bio-diversity loss, land disputes and significant releases of greenhouse gases; calls therefore on the Commission to subject the importation of palm oil-based products into the EU to compliance with sustainable production criteria, defined within a comprehensive certification scheme;

| 47. | Expects any Europe-wide biomass target to be set in line with the agreed EU target of 25 % renewables by 2020; |
| --- | --- |

47.

Expects any Europe-wide biomass target to be set in line with the agreed EU target of 25 % renewables by 2020;

| 48. | Advocates policies and measures as well as alternative technologies in the transport sector that are consistent with EU climate-change targets; |
| --- | --- |

48.

Advocates policies and measures as well as alternative technologies in the transport sector that are consistent with EU climate-change targets;

| 49. | Calls on the Commission to take action with a view to reaching a compromise on biofuels between the motor vehicle and petroleum industries at the earliest opportunity, in line with the principle ‘biofuels for cars, not cars for biofuels’; |
| --- | --- |

49.

Calls on the Commission to take action with a view to reaching a compromise on biofuels between the motor vehicle and petroleum industries at the earliest opportunity, in line with the principle ‘biofuels for cars, not cars for biofuels’;

| 50. | Calls for the eighth recommendation of the CARS 21 Group, according to which second generation biofuels are a particularly promising technology for reducing carbon dioxide emissions in the transport sector, to be translated into action; |
| --- | --- |

50.

Calls for the eighth recommendation of the CARS 21 Group, according to which second generation biofuels are a particularly promising technology for reducing carbon dioxide emissions in the transport sector, to be translated into action;

| 51. | Recommends that the possible use of biofuels in all modes of transport be considered in the context of product and technology promotion; |
| --- | --- |

51.

Recommends that the possible use of biofuels in all modes of transport be considered in the context of product and technology promotion;

| 52. | Believes that it makes sense, where biofuels are used in selected sectors such as agriculture and forestry, shipping and local public transport, to encourage their use by means of longer-term fiscal incentives for pure fuels based on compliance with an appropriate certification scheme; |
| --- | --- |

52.

Believes that it makes sense, where biofuels are used in selected sectors such as agriculture and forestry, shipping and local public transport, to encourage their use by means of longer-term fiscal incentives for pure fuels based on compliance with an appropriate certification scheme;

| 53. | Calls on the Commission to encourage the addition of biofuels to traditional fuels in every Member State by amending Community provisions on excise duty; |
| --- | --- |

53.

Calls on the Commission to encourage the addition of biofuels to traditional fuels in every Member State by amending Community provisions on excise duty;

| 54. | Stresses the importance of the use of fiscal measures, such as tax exemptions, but calls on the Commission to be on the alert for distortions of the market; |
| --- | --- |

54.

Stresses the importance of the use of fiscal measures, such as tax exemptions, but calls on the Commission to be on the alert for distortions of the market;

| 55. | Supports the Commission in its intention to create, in the context of the WTO negotiations, clear rules allowing the development of a European biofuel sector, in particular by establishing an appropriate and coherent commercial and customs framework; |
| --- | --- |

55.

Supports the Commission in its intention to create, in the context of the WTO negotiations, clear rules allowing the development of a European biofuel sector, in particular by establishing an appropriate and coherent commercial and customs framework;

| 56. | Calls on the Commission to increase the priority given to the recognition of non-trade concerns as part of a future WTO agreement; notes that this would enable the EU to ensure that imported biofuels meet certain sustainability criteria, predominantly in the environmental field; |
| --- | --- |

56.

Calls on the Commission to increase the priority given to the recognition of non-trade concerns as part of a future WTO agreement; notes that this would enable the EU to ensure that imported biofuels meet certain sustainability criteria, predominantly in the environmental field;

| 57. | Notes that biofuels are now being traded on the world market and that the EU is not yet self-sufficient in this area; considers, however, that the promotion of domestic production should be an absolute priority; |
| --- | --- |

57.

Notes that biofuels are now being traded on the world market and that the EU is not yet self-sufficient in this area; considers, however, that the promotion of domestic production should be an absolute priority;

| 58. | Considers that an acceptable rate of penetration of bioethanol imports into the EU should be established for a given period, to fit in with the gradual development of Community production in conformity with the European strategy in favour of sustainable development, in particular in the energy sector; |
| --- | --- |

58.

Considers that an acceptable rate of penetration of bioethanol imports into the EU should be established for a given period, to fit in with the gradual development of Community production in conformity with the European strategy in favour of sustainable development, in particular in the energy sector;

| 59. | Believes that it is essential for a report to be submitted by the Commission by the end of 2007 on the production and export conditions for biofuels in the principal producer countries; |
| --- | --- |

59.

Believes that it is essential for a report to be submitted by the Commission by the end of 2007 on the production and export conditions for biofuels in the principal producer countries;

| 60. | Calls on the Commission to promote in the biomass action plan further study and research on biomass-based plastics so as to attain a better understanding of their contribution throughout their life cycle to savings of fossil fuels, to the reduction of greenhouse gas emissions and to savings of energy in recovery operations other than composting; calls on the Commission to investigate the possibility of making use of certain bio-plastics obligatory in the event that they prove to be a good alternative to current plastics; |
| --- | --- |

60.

Calls on the Commission to promote in the biomass action plan further study and research on biomass-based plastics so as to attain a better understanding of their contribution throughout their life cycle to savings of fossil fuels, to the reduction of greenhouse gas emissions and to savings of energy in recovery operations other than composting; calls on the Commission to investigate the possibility of making use of certain bio-plastics obligatory in the event that they prove to be a good alternative to current plastics;

| 61. | Calls on the Commission to consider, as a pilot project, the establishment of renewable energies parks, where energy needs would be met by a combination of various renewable energy sources, such as biomass, wind energy and solar energy; |
| --- | --- |

61.

Calls on the Commission to consider, as a pilot project, the establishment of renewable energies parks, where energy needs would be met by a combination of various renewable energy sources, such as biomass, wind energy and solar energy;

| 62. | Is convinced that public support for biofuels is essential and notes the widespread public anxiety about green genetic engineering; believes that the development of energy-intensive biomass must be environmentally safe and must not create a real or perceived threat to non-GM food production; is convinced that Marked Assisted Selection (MAS), which allows the improvement of crops, through ‘smart breeding’, i.e. the crossing of plants of similar families rather than their genetic modification through the integration of alien genes, must provide a major contribution to the development of energy-intensive and at the same time environmentally safe biomass; |
| --- | --- |

62.

Is convinced that public support for biofuels is essential and notes the widespread public anxiety about green genetic engineering; believes that the development of energy-intensive biomass must be environmentally safe and must not create a real or perceived threat to non-GM food production; is convinced that Marked Assisted Selection (MAS), which allows the improvement of crops, through ‘smart breeding’, i.e. the crossing of plants of similar families rather than their genetic modification through the integration of alien genes, must provide a major contribution to the development of energy-intensive and at the same time environmentally safe biomass;

| 63. | Urges all Member States to create appropriate incentives for the sustainable cultivation of energy crops without jeopardising food production, facilitating sustainable access and mobilising additional biomass deriving from agriculture and forests; |
| --- | --- |

63.

Urges all Member States to create appropriate incentives for the sustainable cultivation of energy crops without jeopardising food production, facilitating sustainable access and mobilising additional biomass deriving from agriculture and forests;

| 64. | Calls on the Commission to devote extra attention to small-scale biofuel projects within the primary agricultural sector, such as mobile distillation and fermentation, which could have a major impact on the future processing of primary by-products; |
| --- | --- |

64.

Calls on the Commission to devote extra attention to small-scale biofuel projects within the primary agricultural sector, such as mobile distillation and fermentation, which could have a major impact on the future processing of primary by-products;

| 65. | Believes that funding from the budget allocated under Heading 2, Pillar 1 of the Common Agricultural Policy (§60) and from the European Agricultural Fund for Rural Development should also be earmarked for the energy use of biomass; |
| --- | --- |

65.

Believes that funding from the budget allocated under Heading 2, Pillar 1 of the Common Agricultural Policy (§60) and from the European Agricultural Fund for Rural Development should also be earmarked for the energy use of biomass;

| 66. | Considers that the promotion of biomass in rural areas should be achieved through prioritising research, development and demonstration relating to those biomass applications which have been shown to deliver the greatest and most cost-effective greenhouse gas reduction and energy savings performance and through the creation of a dedicated market in order to improve profitability by means of information campaigns; suggests that particular attention be given to the development and promotion of win-win solutions where biomass production can be combined with habitat restoration, low input agriculture and environmentally-friendly land management; |
| --- | --- |

66.

Considers that the promotion of biomass in rural areas should be achieved through prioritising research, development and demonstration relating to those biomass applications which have been shown to deliver the greatest and most cost-effective greenhouse gas reduction and energy savings performance and through the creation of a dedicated market in order to improve profitability by means of information campaigns; suggests that particular attention be given to the development and promotion of win-win solutions where biomass production can be combined with habitat restoration, low input agriculture and environmentally-friendly land management;

| 67. | Urges a substantial increase in the guaranteed maximum area fixed at 1,5 million hectares under the subsidy scheme for energy crops and that no crop be excluded from the subsidy scheme for energy crops, although particular emphasis should be given to those offering high energy efficiency; |
| --- | --- |

67.

Urges a substantial increase in the guaranteed maximum area fixed at 1,5 million hectares under the subsidy scheme for energy crops and that no crop be excluded from the subsidy scheme for energy crops, although particular emphasis should be given to those offering high energy efficiency;

| 68. | Urges the Commission to abolish the set-aside scheme and devise new incentives for energy crops; |
| --- | --- |

68.

Urges the Commission to abolish the set-aside scheme and devise new incentives for energy crops;

| 69. | Notes that the cultivation of renewable raw materials must also be carried out in accordance with best practices and that the cross-compliance rules apply to such cultivation; |
| --- | --- |

69.

Notes that the cultivation of renewable raw materials must also be carried out in accordance with best practices and that the cross-compliance rules apply to such cultivation;

| 70. | Urges the Commission to extend the list of crops eligible for cultivation for the production of biofuels in the support systems, to ensure that the most suitable energy crops are selected at local and regional level and to encourage the fermentation of manure; |
| --- | --- |

70.

Urges the Commission to extend the list of crops eligible for cultivation for the production of biofuels in the support systems, to ensure that the most suitable energy crops are selected at local and regional level and to encourage the fermentation of manure;

| 71. | Calls upon the Commission to remove the barriers to the development of energy crops in the new Member States, which apply a simplified single area payment scheme; |
| --- | --- |

71.

Calls upon the Commission to remove the barriers to the development of energy crops in the new Member States, which apply a simplified single area payment scheme;

| 72. | Urges the adoption of a standard framework at European level ensuring that priority is given to the provision of biomass for energy purposes even in those countries where bioenergy does not yet play a part; |
| --- | --- |

72.

Urges the adoption of a standard framework at European level ensuring that priority is given to the provision of biomass for energy purposes even in those countries where bioenergy does not yet play a part;

| 73. | Is convinced that the sustainable production and use of biomass, which should extend to small scale cultivation and be integrated into rural development policies, offer considerable advantages for developing countries and that technology transfer with these third countries and the export of bioenergy technologies should be supported by the European Union; takes the view, nevertheless, that this policy should be balanced and that these efforts should focus on countries meeting their own energy needs rather than solely developing their export capacity; |
| --- | --- |

73.

Is convinced that the sustainable production and use of biomass, which should extend to small scale cultivation and be integrated into rural development policies, offer considerable advantages for developing countries and that technology transfer with these third countries and the export of bioenergy technologies should be supported by the European Union; takes the view, nevertheless, that this policy should be balanced and that these efforts should focus on countries meeting their own energy needs rather than solely developing their export capacity;

| 74. | Calls on the Commission to devise a specific initiative designed to inform, train and increase awareness of the use of biomass and biofuels aimed at the farming world, citizens and local administrators; |
| --- | --- |

74.

Calls on the Commission to devise a specific initiative designed to inform, train and increase awareness of the use of biomass and biofuels aimed at the farming world, citizens and local administrators;

| 75. | Considers that the production of biomass and biofuels could contribute significantly to the attainment of Europe's climate control objectives; |
| --- | --- |

75.

Considers that the production of biomass and biofuels could contribute significantly to the attainment of Europe's climate control objectives;

| 76. | Calls on the Commission to present a proposal for a directive on heating and cooling from renewable energy sources as part of the energy package in 2007 and recalls its resolution of 14 February 2006 with recommendations to the Commission on heating and cooling from renewable sources of energy; |
| --- | --- |

76.

Calls on the Commission to present a proposal for a directive on heating and cooling from renewable energy sources as part of the energy package in 2007 and recalls its resolution of 14 February 2006 with recommendations to the Commission on heating and cooling from renewable sources of energy;

| 77. | Stresses the need for an EU-wide information policy on biomass and biofuels; |
| --- | --- |

77.

Stresses the need for an EU-wide information policy on biomass and biofuels;

| 78. | Calls on the Commission to include peat, with regard to the life-cycle aspect, as a longterm renewable energy source for biomass and bioenergy production; |
| --- | --- |

78.

Calls on the Commission to include peat, with regard to the life-cycle aspect, as a longterm renewable energy source for biomass and bioenergy production;

| 79. | Calls for reliable general conditions to be laid down for investors and manufacturers in the interests of a long-term strategy to promote a competitive market for biofuels in the European Union, particularly in terms of tax incentives; |
| --- | --- |

79.

Calls for reliable general conditions to be laid down for investors and manufacturers in the interests of a long-term strategy to promote a competitive market for biofuels in the European Union, particularly in terms of tax incentives;

| 80. | Calls for greater political and economic attention to be paid to cooperation and integration among the biofuels markets in the EU and its neighbouring European states, particularly in the framework of the specific partnership agreements; |
| --- | --- |

80.

Calls for greater political and economic attention to be paid to cooperation and integration among the biofuels markets in the EU and its neighbouring European states, particularly in the framework of the specific partnership agreements;

| 81. | Believes that the Intelligent Energy for Europe programme will help to support local projects relating to energy saving and the appropriate use of natural resources; |
| --- | --- |

81.

Believes that the Intelligent Energy for Europe programme will help to support local projects relating to energy saving and the appropriate use of natural resources;

| 82. | Calls on the Commission not to offer in biregional or bilateral negotiations more than will have been conceded at the WTO in terms of requests for preferential access to the Community market in bioethanol, and when applying the Generalised System of Preferences (GSP) and GSP+ to implement the provisions enabling reduction or withdrawal of the preferences granted to some countries for bioethanol where these are no longer justified; |
| --- | --- |

82.

Calls on the Commission not to offer in biregional or bilateral negotiations more than will have been conceded at the WTO in terms of requests for preferential access to the Community market in bioethanol, and when applying the Generalised System of Preferences (GSP) and GSP+ to implement the provisions enabling reduction or withdrawal of the preferences granted to some countries for bioethanol where these are no longer justified;

| 83. | Encourages the Commission and the Member States to watch for attempted fraud and avoidance of customs duties in respect of bioethanol, while also ensuring, in particular, compliance with the rules of origin and tariff classification and preventing abuses of some suspensive customs procedures; |
| --- | --- |

83.

Encourages the Commission and the Member States to watch for attempted fraud and avoidance of customs duties in respect of bioethanol, while also ensuring, in particular, compliance with the rules of origin and tariff classification and preventing abuses of some suspensive customs procedures;

| 84. | Instructs its President to forward this resolution to the Council and Commission. |
| --- | --- |

84.

Instructs its President to forward this resolution to the Council and Commission.

---

(1)  OJ L 283, 27.10.2001, p. 33.

(2)  OJ L 123, 17.5.2003, p. 42.

(3)  OJ C 290 E, 29.11.2006, p. 115.

(4)  OJ C 300 E, 9.12.2006, p. 401.

P6_TA(2006)0605

Fiji

European Parliament resolution on the situation in Fiji

The European Parliament,

| — | having regard to its previous resolution of 8 September 2000 on the situation in Fiji (1), |
| --- | --- |

—

having regard to its previous resolution of 8 September 2000 on the situation in Fiji (1),

| — | having regard to the EU Presidency statement of 5 December 2006 on the military coup in Fiji, |
| --- | --- |

—

having regard to the EU Presidency statement of 5 December 2006 on the military coup in Fiji,

| — | having regard to the statement of 5 December 2006 by the UN Secretary-General on the military's seizure of power in Fiji, |
| --- | --- |

—

having regard to the statement of 5 December 2006 by the UN Secretary-General on the military's seizure of power in Fiji,

| — | having regard to the declaration by the UN High Commissioner for Human Rights of 6 December 2006, |
| --- | --- |

—

having regard to the declaration by the UN High Commissioner for Human Rights of 6 December 2006,

| — | having regard to Rule 115(5) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 115(5) of its Rules of Procedure,

| A. | whereas Commodore Bainimarama overthrew the democratically elected government of Fiji with the coup d'état of 5 December 2006, showing contempt for the Fijian constitution and the rule of law, for the people of Fiji and Fiji's traditional institutions, |
| --- | --- |

A.

whereas Commodore Bainimarama overthrew the democratically elected government of Fiji with the coup d'état of 5 December 2006, showing contempt for the Fijian constitution and the rule of law, for the people of Fiji and Fiji's traditional institutions,

| B. | whereas two military coups d'état took place in May and September 1987 led by Lieutenant Colonel Sitiveni Rabuka and indigenous Fijians, |
| --- | --- |

B.

whereas two military coups d'état took place in May and September 1987 led by Lieutenant Colonel Sitiveni Rabuka and indigenous Fijians,

| C. | whereas on 19 May 2000 an armed group took the first ethnic Indian Prime Minister, Mahendra Chaudhry and several Members of Parliament hostage for several weeks, |
| --- | --- |

C.

whereas on 19 May 2000 an armed group took the first ethnic Indian Prime Minister, Mahendra Chaudhry and several Members of Parliament hostage for several weeks,

| D. | whereas the crisis is crippling Fiji's economy — delaying sugar production, dramatically reducing activities in the tourist sector and putting thousands out of work, |
| --- | --- |

D.

whereas the crisis is crippling Fiji's economy — delaying sugar production, dramatically reducing activities in the tourist sector and putting thousands out of work,

| E. | whereas development aid to the Fiji Islands under the 9th European Development Fund, equivalent to 23 million euros, was restored by the EU in 2004, with the aim of providing equal access to education and training for all ethnic groups, |
| --- | --- |

E.

whereas development aid to the Fiji Islands under the 9th European Development Fund, equivalent to 23 million euros, was restored by the EU in 2004, with the aim of providing equal access to education and training for all ethnic groups,

| F. | whereas respect for human rights, democratic principles and the rule of law constitutes an essential element of the Cotonou Partnership Agreement, which governs relations between the ACP States and the European Union, |
| --- | --- |

F.

whereas respect for human rights, democratic principles and the rule of law constitutes an essential element of the Cotonou Partnership Agreement, which governs relations between the ACP States and the European Union,

| G. | whereas development cooperation between Fiji and the EU dates back to 1975, |
| --- | --- |

G.

whereas development cooperation between Fiji and the EU dates back to 1975,

| H. | whereas the Commonwealth has decided to suspend Fiji's membership of its decision-making councils, |
| --- | --- |

H.

whereas the Commonwealth has decided to suspend Fiji's membership of its decision-making councils,

| 1. | Strongly condemns the take-over of power from the democratically elected government of Fiji by the Fijian military forces and reiterates its strongest possible opposition to actions that undermine the democratic process in Fiji; |
| --- | --- |

1.

Strongly condemns the take-over of power from the democratically elected government of Fiji by the Fijian military forces and reiterates its strongest possible opposition to actions that undermine the democratic process in Fiji;

| 2. | Demands that the military forces stand back and return power to the democratically elected government; |
| --- | --- |

2.

Demands that the military forces stand back and return power to the democratically elected government;

| 3. | Believes that a lasting resolution of the current political crisis can only be achieved through peaceful means, respecting the concerns and interests of all communities; |
| --- | --- |

3.

Believes that a lasting resolution of the current political crisis can only be achieved through peaceful means, respecting the concerns and interests of all communities;

| 4. | Stresses that peaceful opposition to the military regime is taking shape followingthe ousted Prime Minister's call for peaceful resistance and with both the Great Council of Chiefs and influential church groups already denouncing the coup; |
| --- | --- |

4.

Stresses that peaceful opposition to the military regime is taking shape followingthe ousted Prime Minister's call for peaceful resistance and with both the Great Council of Chiefs and influential church groups already denouncing the coup;

| 5. | Recalls that Fiji held general elections in May 2006, which were deemed credible by international observers, notably including a substantial EU Election Observation Mission; |
| --- | --- |

5.

Recalls that Fiji held general elections in May 2006, which were deemed credible by international observers, notably including a substantial EU Election Observation Mission;

| 6. | Recalls that the coalition government formed by Prime Minister Qarase following the elections has full democratic legitimacy as well as a very large majority in Parliament; |
| --- | --- |

6.

Recalls that the coalition government formed by Prime Minister Qarase following the elections has full democratic legitimacy as well as a very large majority in Parliament;

| 7. | Stresses that the future of Fiji's multiethnic society depends on the credibility and legitimacy of democratic institutions as supported by all communities; |
| --- | --- |

7.

Stresses that the future of Fiji's multiethnic society depends on the credibility and legitimacy of democratic institutions as supported by all communities;

| 8. | Suggests that a ‘truth and reconciliation commission’ be set up in Fiji as a contribution to peaceful coexistence between the country's two main communities; |
| --- | --- |

8.

Suggests that a ‘truth and reconciliation commission’ be set up in Fiji as a contribution to peaceful coexistence between the country's two main communities;

| 9. | Calls on the Commission and Member States to suspend immediately all non-humanitarian aid to Fiji, as specified in Article 96 of the Cotonou Partnership Agreement; |
| --- | --- |

9.

Calls on the Commission and Member States to suspend immediately all non-humanitarian aid to Fiji, as specified in Article 96 of the Cotonou Partnership Agreement;

| 10. | Calls on the EU to put in place an immediate travel ban to prevent members of the military forces, their families or any person linked to the coup d'état in Fiji from entering the Member States; |
| --- | --- |

10.

Calls on the EU to put in place an immediate travel ban to prevent members of the military forces, their families or any person linked to the coup d'état in Fiji from entering the Member States;

| 11. | Calls on all Members of the Pacific Islands Forum and other regional and international actors to exert pressure to resolve the situation and to achieve long-lasting political, economic and social stability in Fiji; |
| --- | --- |

11.

Calls on all Members of the Pacific Islands Forum and other regional and international actors to exert pressure to resolve the situation and to achieve long-lasting political, economic and social stability in Fiji;

| 12. | Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States, the Secretary-General of the United Nations, the Secretary-General of the Commonwealth, the governments of the Pacific Islands Forum countries, including Australia and New Zealand, and the governments of the Post-Forum Dialogue Partner Countries, including the United States. |
| --- | --- |

12.

Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States, the Secretary-General of the United Nations, the Secretary-General of the Commonwealth, the governments of the Pacific Islands Forum countries, including Australia and New Zealand, and the governments of the Post-Forum Dialogue Partner Countries, including the United States.

---

(1)  OJ C 135, 7.5.2001, p. 302.

P6_TA(2006)0606

Implication of UN forces in sexual abuses in Liberia and in Haiti

European Parliament resolution on the involvement of UN forces in sexual abuse in Liberia and Haiti

The European Parliament,

| — | having regard to the UN High-Level Conference on Eliminating Sexual Exploitation and Abuse by UN and Non-Governmental-Organisation Personnel held in New York on 4 December 2006 and the Secretary-General's remarks to that conference, |
| --- | --- |

—

having regard to the UN High-Level Conference on Eliminating Sexual Exploitation and Abuse by UN and Non-Governmental-Organisation Personnel held in New York on 4 December 2006 and the Secretary-General's remarks to that conference,

| — | having regard to the fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War (1949) and the additional protocols which stipulate that women shall be protected against rape and all other forms of sexual violence, |
| --- | --- |

—

having regard to the fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War (1949) and the additional protocols which stipulate that women shall be protected against rape and all other forms of sexual violence,

| — | having regard to the UN Declaration of 20 December 1993 on the Elimination of Violence against Women and the United Nations Convention of 20 November 1989 on the Rights of the Child, |
| --- | --- |

—

having regard to the UN Declaration of 20 December 1993 on the Elimination of Violence against Women and the United Nations Convention of 20 November 1989 on the Rights of the Child,

| — | having regard to UN Security Council Resolution 1325 (2000) of 31 October 2000 on Women, Peace and Security, |
| --- | --- |

—

having regard to UN Security Council Resolution 1325 (2000) of 31 October 2000 on Women, Peace and Security,

| — | having regard to UN Security Council Resolution 1265 (1999) of 17 September 1999 on the Protection of Civilians in Armed Conflict, and particularly paragraph 14 thereof, whereby UN personnel involved in peacemaking, peacekeeping and peace-building activities must have appropriate training, particularly in human rights, including gender-related provisions, |
| --- | --- |

—

having regard to UN Security Council Resolution 1265 (1999) of 17 September 1999 on the Protection of Civilians in Armed Conflict, and particularly paragraph 14 thereof, whereby UN personnel involved in peacemaking, peacekeeping and peace-building activities must have appropriate training, particularly in human rights, including gender-related provisions,

| — | having regard to the Rome Statute of the International Criminal Court, and particularly Articles 7 and 8 thereof, which lists rape, sexual slavery, enforced prostitution, forced pregnancy and forced sterilisation or any form of sexual violence of comparable gravity as crimes against humanity and war crimes and equates them with a form of torture and a serious war crime, whether these acts are systematically perpetrated or not during international or internal conflicts, |
| --- | --- |

—

having regard to the Rome Statute of the International Criminal Court, and particularly Articles 7 and 8 thereof, which lists rape, sexual slavery, enforced prostitution, forced pregnancy and forced sterilisation or any form of sexual violence of comparable gravity as crimes against humanity and war crimes and equates them with a form of torture and a serious war crime, whether these acts are systematically perpetrated or not during international or internal conflicts,

| — | having regard to UN Security Council Resolution 1712 (2006) of 29 September 2006 on Liberia, |
| --- | --- |

—

having regard to UN Security Council Resolution 1712 (2006) of 29 September 2006 on Liberia,

| — | having regard to the report by Prince Ra'ad Zeid Al-Hussein, Advisor to the Secretary-General on sexual exploitation and abuse by UN peacekeeping personnel, entitled ‘A comprehensive strategy to eliminate future sexual exploitation and abuse in United Nations Peacekeeping Operations’ of 4 April 2005, |
| --- | --- |

—

having regard to the report by Prince Ra'ad Zeid Al-Hussein, Advisor to the Secretary-General on sexual exploitation and abuse by UN peacekeeping personnel, entitled ‘A comprehensive strategy to eliminate future sexual exploitation and abuse in United Nations Peacekeeping Operations’ of 4 April 2005,

| — | having regard to the Office of Internal Oversight Services' report of 5 January 2005, on the investigation into allegations of sexual exploitation and abuse in the UN Organisation Mission in the Democratic Republic of the Congo, |
| --- | --- |

—

having regard to the Office of Internal Oversight Services' report of 5 January 2005, on the investigation into allegations of sexual exploitation and abuse in the UN Organisation Mission in the Democratic Republic of the Congo,

| — | having regard to its resolution of 1 June 2006 on women in armed conflicts and their role in post-conflict reconstruction (1), |
| --- | --- |

—

having regard to its resolution of 1 June 2006 on women in armed conflicts and their role in post-conflict reconstruction (1),

| — | having regard to Rule 115(5) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 115(5) of its Rules of Procedure,

| A. | whereas the recent claims concerning children in Haiti and Liberia being subjected to rape and prostitution by UN peacekeepers make this the latest in a sad series of similar scandals, including acts of paedophilia by UN personnel in the Democratic Republic of Congo and trafficking in human beings in Kosovo, |
| --- | --- |

A.

whereas the recent claims concerning children in Haiti and Liberia being subjected to rape and prostitution by UN peacekeepers make this the latest in a sad series of similar scandals, including acts of paedophilia by UN personnel in the Democratic Republic of Congo and trafficking in human beings in Kosovo,

| B. | whereas there are nearly 100 000 UN peacekeepers in the world, the vast majority of whom serve loyally and honourably, but whose contributions to peace and security are undermined by the serious instances of sexual abuse committed by a small number of individual UN personnel, |
| --- | --- |

B.

whereas there are nearly 100 000 UN peacekeepers in the world, the vast majority of whom serve loyally and honourably, but whose contributions to peace and security are undermined by the serious instances of sexual abuse committed by a small number of individual UN personnel,

| C. | whereas the UN has investigated 319 members of peacekeeping personnel suspected of committing sexual abuse since 2004 and disciplined 179 individuals including soldiers, civilians and police officers, |
| --- | --- |

C.

whereas the UN has investigated 319 members of peacekeeping personnel suspected of committing sexual abuse since 2004 and disciplined 179 individuals including soldiers, civilians and police officers,

| D. | whereas UN personnel expelled from the organisation for sexual exploitation are rarely prosecuted in their countries of origin, |
| --- | --- |

D.

whereas UN personnel expelled from the organisation for sexual exploitation are rarely prosecuted in their countries of origin,

| E. | whereas the whole purpose of peacekeeping missions is to help countries ravaged by civil or international conflict restore stability, guarantee public security and install the rule of law, |
| --- | --- |

E.

whereas the whole purpose of peacekeeping missions is to help countries ravaged by civil or international conflict restore stability, guarantee public security and install the rule of law,

| 1. | Expresses its profound shock at the odious crimes attributed to UN personnel, including the trading of sex for food; |
| --- | --- |

1.

Expresses its profound shock at the odious crimes attributed to UN personnel, including the trading of sex for food;

| 2. | Condemns the acts of UN peacekeepers in Haiti and Liberia that have subjected children to rape and prostitution; |
| --- | --- |

2.

Condemns the acts of UN peacekeepers in Haiti and Liberia that have subjected children to rape and prostitution;

| 3. | Condemns all acts of sexual abuse and exploitation as well as other criminal acts committed by UN personnel in violation of human rights as well as flagrantly inconsistent with, and in betrayal of, the peacekeeping and humanitarian mission of the organisation itself; |
| --- | --- |

3.

Condemns all acts of sexual abuse and exploitation as well as other criminal acts committed by UN personnel in violation of human rights as well as flagrantly inconsistent with, and in betrayal of, the peacekeeping and humanitarian mission of the organisation itself;

| 4. | Emphasises the particularly heinous nature of these acts of preying on extremely vulnerable and weak local populations that should be protected, not abused, by UN personnel; |
| --- | --- |

4.

Emphasises the particularly heinous nature of these acts of preying on extremely vulnerable and weak local populations that should be protected, not abused, by UN personnel;

| 5. | Calls on all Member States of the UN sending personnel on peacekeeping missions to follow up all claims of sexual abuse and exploitation, particularly those which concern minors, and to bring those individuals who have committed sexual abuse to court as quickly as possible; |
| --- | --- |

5.

Calls on all Member States of the UN sending personnel on peacekeeping missions to follow up all claims of sexual abuse and exploitation, particularly those which concern minors, and to bring those individuals who have committed sexual abuse to court as quickly as possible;

| 6. | Calls on the UN Secretary-General to carry out further investigations into UN peacekeepers' and humanitarian aid workers' role in the sexual exploitation and abuse of children and vulnerable people in order to put in place an effective monitoring system and enforce the UN's policy of zero tolerance; |
| --- | --- |

6.

Calls on the UN Secretary-General to carry out further investigations into UN peacekeepers' and humanitarian aid workers' role in the sexual exploitation and abuse of children and vulnerable people in order to put in place an effective monitoring system and enforce the UN's policy of zero tolerance;

| 7. | Welcomes the recent UN High-Level Conference of 4 December 2006 that addressed the issue of preventing sexual misconduct by field personnel and the Secretary-General's announcement about a forthcoming strategy to assist victims of sexual exploitation and abuse as well as the use of DNA sampling to prevent further instances of abuse; |
| --- | --- |

7.

Welcomes the recent UN High-Level Conference of 4 December 2006 that addressed the issue of preventing sexual misconduct by field personnel and the Secretary-General's announcement about a forthcoming strategy to assist victims of sexual exploitation and abuse as well as the use of DNA sampling to prevent further instances of abuse;

| 8. | Expresses serious concern over reports of a ‘culture of silence’ in some UN missions, stemming from the fear of punishment and retaliation; calls on the UN to take all necessary steps to create a working environment that allows staff to report instances of abuse without fear of retaliation; |
| --- | --- |

8.

Expresses serious concern over reports of a ‘culture of silence’ in some UN missions, stemming from the fear of punishment and retaliation; calls on the UN to take all necessary steps to create a working environment that allows staff to report instances of abuse without fear of retaliation;

| 9. | Emphasises that, despite current measures and the United Nation's long-standing ‘zero tolerance’ approach, allegations of sexual misconduct persist, that, unless the United Nations can urgently put a stop to this behaviour, it will have a detrimental impact on the credibility and moral authority of the institution as a whole and that, ultimately, some Member States may reduce the number of their troops at a time when there is a strong need for peace-keeping missions; |
| --- | --- |

9.

Emphasises that, despite current measures and the United Nation's long-standing ‘zero tolerance’ approach, allegations of sexual misconduct persist, that, unless the United Nations can urgently put a stop to this behaviour, it will have a detrimental impact on the credibility and moral authority of the institution as a whole and that, ultimately, some Member States may reduce the number of their troops at a time when there is a strong need for peace-keeping missions;

| 10. | Stresses the difficulty faced by the United Nations with respect to disciplining troops guilty of sexual misconduct because of the fact that ultimate responsibility for training and disciplining troops remains the preserve of Member States; urges the countries concerned, therefore, to implement disciplinary procedures wherever possible; |
| --- | --- |

10.

Stresses the difficulty faced by the United Nations with respect to disciplining troops guilty of sexual misconduct because of the fact that ultimate responsibility for training and disciplining troops remains the preserve of Member States; urges the countries concerned, therefore, to implement disciplinary procedures wherever possible;

| 11. | Welcomes the ambition to create a binding UN treaty on the prosecution of peacekeepers who commit sexual abuse; |
| --- | --- |

11.

Welcomes the ambition to create a binding UN treaty on the prosecution of peacekeepers who commit sexual abuse;

| 12. | Stresses that such a treaty should also include policies preventing UN personnel charged with such abuse from being rehired, the setting up of a fund to assist victims of abuse, and measures to improve the training of UN personnel in respecting human rights; |
| --- | --- |

12.

Stresses that such a treaty should also include policies preventing UN personnel charged with such abuse from being rehired, the setting up of a fund to assist victims of abuse, and measures to improve the training of UN personnel in respecting human rights;

| 13. | Calls on the United Nations to take steps to ensure the protection of vulnerable people, particularly women, children, and refugees, in areas where its troops are operating; calls, further, on the United Nations and the European Union to support measures to empower women in conflict and post-conflict situations so that they are less vulnerable to sexual exploitation; |
| --- | --- |

13.

Calls on the United Nations to take steps to ensure the protection of vulnerable people, particularly women, children, and refugees, in areas where its troops are operating; calls, further, on the United Nations and the European Union to support measures to empower women in conflict and post-conflict situations so that they are less vulnerable to sexual exploitation;

| 14. | Welcomes the national campaign to combat Sexual Exploitation and Abuse launched by the Government of Liberia on 4 December 2006, in conjunction with the UN and civil society organisations, and President Ellen Johnson-Sirleaf's call to the international community ‘not to misuse [its] wealth and power to sexually exploit children and women’; |
| --- | --- |

14.

Welcomes the national campaign to combat Sexual Exploitation and Abuse launched by the Government of Liberia on 4 December 2006, in conjunction with the UN and civil society organisations, and President Ellen Johnson-Sirleaf's call to the international community ‘not to misuse [its] wealth and power to sexually exploit children and women’;

| 15. | Recognises the work of the UN peacekeeping missions in the promotion of peace and security all over the world; |
| --- | --- |

15.

Recognises the work of the UN peacekeeping missions in the promotion of peace and security all over the world;

| 16. | Instructs its President to forward this resolution to the Council, the Commission, the Secretary-General of the UN and the governments of the Member States of the UN. |
| --- | --- |

16.

Instructs its President to forward this resolution to the Council, the Commission, the Secretary-General of the UN and the governments of the Member States of the UN.

---

(1)  Text Adopted, P6_TA(2006)0245.

P6_TA(2006)0607

Burma

European Parliament resolution on the situation in Burma

The European Parliament,

| — | having regard to the report of UN Special Rapporteur Pinheiro on the situation of human rights in Myanmar, of 21 September 2006, |
| --- | --- |

—

having regard to the report of UN Special Rapporteur Pinheiro on the situation of human rights in Myanmar, of 21 September 2006,

| — | having regard to the UN Security Council's decision of 15 September 2006 to place Myanmar on its formal agenda, the visit to Burma of UN Under-Secretary-General for Political Affairs Gambari from 9 to 12 November 2006 and his subsequent briefing of the Security Council, |
| --- | --- |

—

having regard to the UN Security Council's decision of 15 September 2006 to place Myanmar on its formal agenda, the visit to Burma of UN Under-Secretary-General for Political Affairs Gambari from 9 to 12 November 2006 and his subsequent briefing of the Security Council,

| — | having regard to its previous resolutions on Burma, in particular that of 17 November 2005 (1), |
| --- | --- |

—

having regard to its previous resolutions on Burma, in particular that of 17 November 2005 (1),

| — | having regard to Council Regulation (EC) No 817/2006 of 29 May 2006 renewing the restrictive measures in respect of Burma/Myanmar (2), |
| --- | --- |

—

having regard to Council Regulation (EC) No 817/2006 of 29 May 2006 renewing the restrictive measures in respect of Burma/Myanmar (2),

| — | having regard to the Chairman's Statement of the Sixth Asia-Europe Meeting (ASEM) held in Helsinki on 10-11 September 2006, |
| --- | --- |

—

having regard to the Chairman's Statement of the Sixth Asia-Europe Meeting (ASEM) held in Helsinki on 10-11 September 2006,

| — | having regard to Rule 115(5) of the Rules of Procedure, |
| --- | --- |

—

having regard to Rule 115(5) of the Rules of Procedure,

| A. | whereas the State Peace and Development Council (SPDC) continues to subject the people of Burma to appalling human rights abuses, such as forced labour, persecution of dissidents, conscription of child soldiers and forced relocation, |
| --- | --- |

A.

whereas the State Peace and Development Council (SPDC) continues to subject the people of Burma to appalling human rights abuses, such as forced labour, persecution of dissidents, conscription of child soldiers and forced relocation,

| B. | whereas the National Convention, first convened in 1993 to draft a constitution and which has been suspended many times since then, resumed on 10 October 2006, but stills lacks any credibility due to the absence of democratically elected representatives, most notably the National League for Democracy (NLD), as well as ethnic groups, |
| --- | --- |

B.

whereas the National Convention, first convened in 1993 to draft a constitution and which has been suspended many times since then, resumed on 10 October 2006, but stills lacks any credibility due to the absence of democratically elected representatives, most notably the National League for Democracy (NLD), as well as ethnic groups,

| C. | whereas the NLD leader, Nobel Peace Prize Laureate and Sakharov Prize winner Aung San Suu Kyi has spent 10 out of the last 16 years under house arrest, an illegal measure which the military junta extends every year, |
| --- | --- |

C.

whereas the NLD leader, Nobel Peace Prize Laureate and Sakharov Prize winner Aung San Suu Kyi has spent 10 out of the last 16 years under house arrest, an illegal measure which the military junta extends every year,

| D. | whereas Burma's neighbours need to take a more robust stance against the abuses of the military regime in that country, and demand that Burma improves its human rights record and embraces democracy, |
| --- | --- |

D.

whereas Burma's neighbours need to take a more robust stance against the abuses of the military regime in that country, and demand that Burma improves its human rights record and embraces democracy,

| E. | whereas more than 30 % of children under five suffer from malnutrition, mortality rates for malaria and tuberculosis remain very high, the HIV/AIDS epidemic has spread across the general population and nearly half of school-age children never enrol, |
| --- | --- |

E.

whereas more than 30 % of children under five suffer from malnutrition, mortality rates for malaria and tuberculosis remain very high, the HIV/AIDS epidemic has spread across the general population and nearly half of school-age children never enrol,

| F. | Whereas the Government of Burma recently ordered the International Committee of the Red Cross (ICRC) to close its five field offices in the country, effectively making it impossible for the organisation to carry out most of its assistance and protection work benefiting civilians who live in difficult conditions in border areas, |
| --- | --- |

F.

Whereas the Government of Burma recently ordered the International Committee of the Red Cross (ICRC) to close its five field offices in the country, effectively making it impossible for the organisation to carry out most of its assistance and protection work benefiting civilians who live in difficult conditions in border areas,

| G. | whereas, according to the International Narcotics Control Strategy Report for 2006, Burma is the world's second largest producer of illicit opium, accounting for more than ninety per cent of South East Asian heroin, |
| --- | --- |

G.

whereas, according to the International Narcotics Control Strategy Report for 2006, Burma is the world's second largest producer of illicit opium, accounting for more than ninety per cent of South East Asian heroin,

| 1. | Condemns the SPDC for its relentless suppression of the Burmese people over 40 years and its total failure to make any significant move towards democracy; |
| --- | --- |

1.

Condemns the SPDC for its relentless suppression of the Burmese people over 40 years and its total failure to make any significant move towards democracy;

| 2. | Refuses to recognise the legitimacy of any constitutional proposals produced by the National Convention so long as it does not include the NLD and other political parties; urges the National Convention to present a road map to democracy that genuinely reflects the wishes of the Burmese people instead of consolidating the military's stranglehold on power; |
| --- | --- |

2.

Refuses to recognise the legitimacy of any constitutional proposals produced by the National Convention so long as it does not include the NLD and other political parties; urges the National Convention to present a road map to democracy that genuinely reflects the wishes of the Burmese people instead of consolidating the military's stranglehold on power;

| 3. | Demands the immediate and unconditional release of Aung San Suu Kyi and all other political prisoners — estimated to number over 1 100 — held by the SPDC; |
| --- | --- |

3.

Demands the immediate and unconditional release of Aung San Suu Kyi and all other political prisoners — estimated to number over 1 100 — held by the SPDC;

| 4. | Deplores the Government of Burma's recent closure of five ICRC field offices (in Mandalay, Mawlamyine, Hpa-an, Taunggyi and Kyaing Tong), effectively making it impossible for the organisation to carry out its humanitarian work, and other measures designed to intimidate non-governmental organisations (NGOs) for humanitarian relief; calls on the Government of Burma to allow these organisations to operate without interference or restrictions; |
| --- | --- |

4.

Deplores the Government of Burma's recent closure of five ICRC field offices (in Mandalay, Mawlamyine, Hpa-an, Taunggyi and Kyaing Tong), effectively making it impossible for the organisation to carry out its humanitarian work, and other measures designed to intimidate non-governmental organisations (NGOs) for humanitarian relief; calls on the Government of Burma to allow these organisations to operate without interference or restrictions;

| 5. | Strongly condemns the regime's brutal crackdown on several large ethnic groups, including the Karen of Eastern Burma, which has led to large-scale suffering and internal displacement, with some 82 000 people forced to leave their homes in Eastern Burma in 2006, bringing the number of internally displaced people within Burma to at least 500 000; |
| --- | --- |

5.

Strongly condemns the regime's brutal crackdown on several large ethnic groups, including the Karen of Eastern Burma, which has led to large-scale suffering and internal displacement, with some 82 000 people forced to leave their homes in Eastern Burma in 2006, bringing the number of internally displaced people within Burma to at least 500 000;

| 6. | Welcomes the 2006 fact-finding mission to Burma by the Malaysian Foreign Minister, Syed Hamid Albar, as a result of the position taken last year by the eleventh summit of the Association of Southeast Asian Nations (ASEAN), and trusts that it will result in tougher measures by ASEAN nations against the military junta in Burma; |
| --- | --- |

6.

Welcomes the 2006 fact-finding mission to Burma by the Malaysian Foreign Minister, Syed Hamid Albar, as a result of the position taken last year by the eleventh summit of the Association of Southeast Asian Nations (ASEAN), and trusts that it will result in tougher measures by ASEAN nations against the military junta in Burma;

| 7. | Welcomes the International Labour Organization's decision to take its concerns about the SPDC's abhorrent use of forced labour before the UN Security Council and the International Court of Justice, and hopes that this tougher course of action will prompt the SPDC to end this practice; |
| --- | --- |

7.

Welcomes the International Labour Organization's decision to take its concerns about the SPDC's abhorrent use of forced labour before the UN Security Council and the International Court of Justice, and hopes that this tougher course of action will prompt the SPDC to end this practice;

| 8. | Recognises that the EU's targeted sanctions have not focused on economic areas that earn the regime significant revenues and, as a result, have so far failed to achieve the desired impact on those directly responsible for the suffering of the Burmese people; calls on the Council to ensure that all Member States rigorously apply existing restrictive measures; |
| --- | --- |

8.

Recognises that the EU's targeted sanctions have not focused on economic areas that earn the regime significant revenues and, as a result, have so far failed to achieve the desired impact on those directly responsible for the suffering of the Burmese people; calls on the Council to ensure that all Member States rigorously apply existing restrictive measures;

| 9. | Calls on the Council to expand the scope of the sanctions and to enlarge the list of those targeted, so that it includes all SPDC ministers, deputies, members, supporters and workers, in addition to their family members, and businessmen and other prominent individuals associated with the regime; |
| --- | --- |

9.

Calls on the Council to expand the scope of the sanctions and to enlarge the list of those targeted, so that it includes all SPDC ministers, deputies, members, supporters and workers, in addition to their family members, and businessmen and other prominent individuals associated with the regime;

| 10. | Urges China, India and other countries that continue to supply weaponry and other support to the military junta to cease to do so and to join the international community in its efforts to bring about change for the better in Burma; |
| --- | --- |

10.

Urges China, India and other countries that continue to supply weaponry and other support to the military junta to cease to do so and to join the international community in its efforts to bring about change for the better in Burma;

| 11. | Welcomes the decision by South Korean prosecutors to indict 14 people, working for seven South Korean companies, for allegedly providing technology and equipment to help the Burmese regime build a weapons factory in Pyay, central Burma; |
| --- | --- |

11.

Welcomes the decision by South Korean prosecutors to indict 14 people, working for seven South Korean companies, for allegedly providing technology and equipment to help the Burmese regime build a weapons factory in Pyay, central Burma;

| 12. | Welcomes the UN's recent opening of the first of seven legal assistance centres, located at Ban Mae Nai Soi camp in north-western Thailand, for Burmese refugees living in neighbouring Thailand, and expects additional robust UN measures against the SPDC to be forthcoming; |
| --- | --- |

12.

Welcomes the UN's recent opening of the first of seven legal assistance centres, located at Ban Mae Nai Soi camp in north-western Thailand, for Burmese refugees living in neighbouring Thailand, and expects additional robust UN measures against the SPDC to be forthcoming;

| 13. | Insists that all aid destined for Burma must be delivered through genuine NGOs and must reach the people for whom it is intended, with the least possible involvement of the SPDC; |
| --- | --- |

13.

Insists that all aid destined for Burma must be delivered through genuine NGOs and must reach the people for whom it is intended, with the least possible involvement of the SPDC;

| 14. | Calls on the UN Security Council to pass a binding resolution requiring the restoration of democracy in Burma and the release of all political prisoners, including Aung San Suu Kyi; |
| --- | --- |

14.

Calls on the UN Security Council to pass a binding resolution requiring the restoration of democracy in Burma and the release of all political prisoners, including Aung San Suu Kyi;

| 15. | Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States, the governments of the ASEAN nations, the National League for Democracy, the State Peace and Development Council and the Secretary-General of the United Nations. |
| --- | --- |

15.

Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States, the governments of the ASEAN nations, the National League for Democracy, the State Peace and Development Council and the Secretary-General of the United Nations.

---

(1)  OJ C 280 E, 18.11.2006, p. 473.

(2)  OJ L 148, 2.6.2006, p. 1.

P6_TA(2006)0608

Hague Convention on securities

European Parliament resolution on the implications of signing the Hague Securities Convention

The European Parliament,

| — | having regard to the Hague Convention on the law applicable to certain rights in respect of securities held with an intermediary (hereinafter the ‘Hague Securities Convention’), and its Explanatory Report, |
| --- | --- |

—

having regard to the Hague Convention on the law applicable to certain rights in respect of securities held with an intermediary (hereinafter the ‘Hague Securities Convention’), and its Explanatory Report,

| — | having regard to the proposal for a Council decision (COM(2003)0783) concerning the signature of the Hague Securities Convention, |
| --- | --- |

—

having regard to the proposal for a Council decision (COM(2003)0783) concerning the signature of the Hague Securities Convention,

| — | having regard to the Commission working document on a legal assessment of certain aspects of the Hague Securities Convention, |
| --- | --- |

—

having regard to the Commission working document on a legal assessment of certain aspects of the Hague Securities Convention,

| — | having regard to Directive 2002/47/EC of the European Parliament and of the Council of 6 June 2002 on financial collateral arrangements (1), and in particular Article 9 thereof, |
| --- | --- |

—

having regard to Directive 2002/47/EC of the European Parliament and of the Council of 6 June 2002 on financial collateral arrangements (1), and in particular Article 9 thereof,

| — | having regard to Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems (2), and in particular Article 9(2) thereof, |
| --- | --- |

—

having regard to Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems (2), and in particular Article 9(2) thereof,

| — | having regard to Directive 2001/24/EC of the European Parliament and of the Council of 4 April 2001 on the reorganisation and winding up of credit institutions (3), and in particular Article 24 and Article 31, third indent, thereof, |
| --- | --- |

—

having regard to Directive 2001/24/EC of the European Parliament and of the Council of 4 April 2001 on the reorganisation and winding up of credit institutions (3), and in particular Article 24 and Article 31, third indent, thereof,

| — | having regard to the opinion of the European Central Bank of 17 March 2005 (4) on the signature of Hague Securities Convention, |
| --- | --- |

—

having regard to the opinion of the European Central Bank of 17 March 2005 (4) on the signature of Hague Securities Convention,

| — | having regard to its resolution of 7 September 2006 on the involvement of the European Parliament in the work of the Hague Conference following the accession of the Community (5), |
| --- | --- |

—

having regard to its resolution of 7 September 2006 on the involvement of the European Parliament in the work of the Hague Conference following the accession of the Community (5),

| — | having regard to its resolution of 15 January 2003 on the communication from the Commission to the Council and the European Parliament entitled ‘Clearing and settlement in the European Union: main policy issues and future challenges’ (6), |
| --- | --- |

—

having regard to its resolution of 15 January 2003 on the communication from the Commission to the Council and the European Parliament entitled ‘Clearing and settlement in the European Union: main policy issues and future challenges’ (6),

| — | having regard to Articles 300(2), first subparagraph, and 300(3), second subparagraph, of the EC Treaty, |
| --- | --- |

—

having regard to Articles 300(2), first subparagraph, and 300(3), second subparagraph, of the EC Treaty,

| — | having regard to Rule 108(5) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 108(5) of its Rules of Procedure,

| A. | whereas the Hague Securities Convention is incompatible with Directives 2002/47/EC, 98/26/EC and 2001/24/EC, |
| --- | --- |

A.

whereas the Hague Securities Convention is incompatible with Directives 2002/47/EC, 98/26/EC and 2001/24/EC,

| B. | whereas the Commission is therefore proposing to revise these three Directives, which were adopted by Parliament by means of the co-decision procedure, |
| --- | --- |

B.

whereas the Commission is therefore proposing to revise these three Directives, which were adopted by Parliament by means of the co-decision procedure,

| C. | whereas these Directives laid down a principle known as ‘PRIMA’ (‘Place of the Relevant Intermediary Approach’) seeking to guarantee the legal certainty of payments and effective supervision of financial intermediaries, |
| --- | --- |

C.

whereas these Directives laid down a principle known as ‘PRIMA’ (‘Place of the Relevant Intermediary Approach’) seeking to guarantee the legal certainty of payments and effective supervision of financial intermediaries,

| D. | whereas, in the absence of harmonisation of material rights on property matters, voting rights and the rights and obligations of central depositaries in respect of account holders, particularly the distinction between the assets held on own account and those held on behalf of a client, it is necessary, before abandoning the PRIMA principle, effectively to consult Parliament on the basis of a prior in-depth examination by all its committees concerned, |
| --- | --- |

D.

whereas, in the absence of harmonisation of material rights on property matters, voting rights and the rights and obligations of central depositaries in respect of account holders, particularly the distinction between the assets held on own account and those held on behalf of a client, it is necessary, before abandoning the PRIMA principle, effectively to consult Parliament on the basis of a prior in-depth examination by all its committees concerned,

| E. | whereas Parliament's assent is required for the ratification of the Hague Securities Convention, |
| --- | --- |

E.

whereas Parliament's assent is required for the ratification of the Hague Securities Convention,

| 1. | Reiterates the need for democratic checks on the negotiations carried on in the context of the Hague Conference on Private International Law; |
| --- | --- |

1.

Reiterates the need for democratic checks on the negotiations carried on in the context of the Hague Conference on Private International Law;

| 2. | Stresses the need for upstream consultation of Parliament prior to ratification, particularly on draft mandates for negotiation and the need for disconnection clauses; |
| --- | --- |

2.

Stresses the need for upstream consultation of Parliament prior to ratification, particularly on draft mandates for negotiation and the need for disconnection clauses;

| 3. | Reiterates its commitment to the PRIMA principle, to defining a common framework for clearing and settlement activities, to effectively combating money laundering and to respect for shareholders' voting intentions; |
| --- | --- |

3.

Reiterates its commitment to the PRIMA principle, to defining a common framework for clearing and settlement activities, to effectively combating money laundering and to respect for shareholders' voting intentions;

| 4. | Considers it crucial to guarantee ex-ante legal certainty as regards the law applicable to certain matters relating to the holding, perfection and disposition of securities credited to an account and held with intermediaries and the collateralisation of such securities, in an international context, and to reduce the systemic risks which might result from uncertainties in this respect; |
| --- | --- |

4.

Considers it crucial to guarantee ex-ante legal certainty as regards the law applicable to certain matters relating to the holding, perfection and disposition of securities credited to an account and held with intermediaries and the collateralisation of such securities, in an international context, and to reduce the systemic risks which might result from uncertainties in this respect;

| 5. | Expresses its extreme concern at the reservations repeatedly expressed by the European Central Bank regarding systemic risk and the risk of an exponential growth in litigation on the enforcement of securities, in which courts will have to apply a foreign law with a view, in particular, to determining the priority of the security; |
| --- | --- |

5.

Expresses its extreme concern at the reservations repeatedly expressed by the European Central Bank regarding systemic risk and the risk of an exponential growth in litigation on the enforcement of securities, in which courts will have to apply a foreign law with a view, in particular, to determining the priority of the security;

| 6. | Considers that the property aspects of all securities credited to the accounts of participants in the clearing and settlements system should be governed by a single legal system, and, similarly, that a single legal system should govern the contractual aspects of the relationship between the clearing and settlement system and each of its participants, in order to protect the finality of transactions and the security and transparency of the clearing and settlement system; |
| --- | --- |

6.

Considers that the property aspects of all securities credited to the accounts of participants in the clearing and settlements system should be governed by a single legal system, and, similarly, that a single legal system should govern the contractual aspects of the relationship between the clearing and settlement system and each of its participants, in order to protect the finality of transactions and the security and transparency of the clearing and settlement system;

| 7. | Considers that ensuring the security of intra-European transactions must take precedence over the facilitation of transactions between the European Union and the rest of the world; |
| --- | --- |

7.

Considers that ensuring the security of intra-European transactions must take precedence over the facilitation of transactions between the European Union and the rest of the world;

| 8. | Regrets the highly inadequate nature of the reality test (Article 4(1) of the Hague Securities Convention) and the exemptions with regard to public policy rules (Article 11(3) of the Hague Securities Convention), which risk encouraging the choice of the least restrictive law and creating distortions in the internal market in financial services; |
| --- | --- |

8.

Regrets the highly inadequate nature of the reality test (Article 4(1) of the Hague Securities Convention) and the exemptions with regard to public policy rules (Article 11(3) of the Hague Securities Convention), which risk encouraging the choice of the least restrictive law and creating distortions in the internal market in financial services;

| 9. | Calls on the Commission to submit to Parliament a comprehensive impact study on the implications of accession to the Hague Securities Convention for the law and economy of the European Union; requests that this study specify in particular the fiscal consequences of acceding to the Convention, the implications of the transfer of risks between entities (central depositaries, banks, depositors) resulting from the abandonment of the PRIMA principle, the implications for the exercise of voting rights attached to securities, the effects on the remuneration of the ultimate owner of securities, on combating market abuses, on combating money-laundering and on the funding of terrorism, the effectiveness of clearing and settlement systems and the identification of risks of the insolvency of credit institutions; |
| --- | --- |

9.

Calls on the Commission to submit to Parliament a comprehensive impact study on the implications of accession to the Hague Securities Convention for the law and economy of the European Union; requests that this study specify in particular the fiscal consequences of acceding to the Convention, the implications of the transfer of risks between entities (central depositaries, banks, depositors) resulting from the abandonment of the PRIMA principle, the implications for the exercise of voting rights attached to securities, the effects on the remuneration of the ultimate owner of securities, on combating market abuses, on combating money-laundering and on the funding of terrorism, the effectiveness of clearing and settlement systems and the identification of risks of the insolvency of credit institutions;

| 10. | Calls for this impact study to be adopted by the College of Commissioners before the Hague Securities Convention is signed on behalf of the Community; |
| --- | --- |

10.

Calls for this impact study to be adopted by the College of Commissioners before the Hague Securities Convention is signed on behalf of the Community;

| 11. | Instructs its President to forward this resolution to the Council and Commission. |
| --- | --- |

11.

Instructs its President to forward this resolution to the Council and Commission.

---

(1)  OJ L 168, 27.6.2002, p. 43.

(2)  OJ L 166, 11.6.1998, p. 45.

(3)  OJ L 125, 5.5.2001, p. 15.

(4)  OJ C 81, 2.4.2005, p. 10.

(5)  Texts adopted, P6_TA(2006)0353.

(6)  OJ C 38 E, 12.2.2004, p. 265.

---

II Preparatory Acts

EUROPEAN PARLIAMENT

Monday, 18 December 2006

| 23.12.2006 | EN | Official Journal of the European Union | CE 317/906 |
| --- | --- | --- | --- |

23.12.2006

EN

Official Journal of the European Union

CE 317/906

---

MINUTES

(2006/C 317 E/05)

PROCEEDINGS OF THE SITTING

IN THE CHAIR: Josep BORRELL FONTELLES

President

1.   Resumption of session

The sitting opened at 11.05.

2.   Approval of Minutes of previous sitting

The Minutes of the previous sitting were approved.

The following spoke:

| — | Jean-Marie Cavada (Chairman of the LIBE Committee), who thanked all those involved on 14 December 2006 in the adoption of ten proposals for decisions on the financing of the Area of Freedom, Security and Justice (Minutes of 14.12.2006, Item 6.11, Minutes of 14.12.2006, Item 6.12, Minutes of 14.12.2006, Item 6.13, Minutes of 14.12.2006, Item 6.15, Minutes of 14.12.2006, Item 6.16, Minutes of 14.12.2006, Item 6.22, Minutes of 14.12.2005, Item 6.23, Minutes of 14.12.2006, Item 6.26, Minutes of 14.12.2006, Item 6.27 and Minutes of 14.12.2006, Item 6.28) and added that the texts now reflected the wishes of the House; |
| --- | --- |

—

Jean-Marie Cavada (Chairman of the LIBE Committee), who thanked all those involved on 14 December 2006 in the adoption of ten proposals for decisions on the financing of the Area of Freedom, Security and Justice (Minutes of 14.12.2006, Item 6.11, Minutes of 14.12.2006, Item 6.12, Minutes of 14.12.2006, Item 6.13, Minutes of 14.12.2006, Item 6.15, Minutes of 14.12.2006, Item 6.16, Minutes of 14.12.2006, Item 6.22, Minutes of 14.12.2005, Item 6.23, Minutes of 14.12.2006, Item 6.26, Minutes of 14.12.2006, Item 6.27 and Minutes of 14.12.2006, Item 6.28) and added that the texts now reflected the wishes of the House;

(Minutes of 14.12.2006, Item 6.11, Minutes of 14.12.2006, Item 6.12, Minutes of 14.12.2006, Item 6.13, Minutes of 14.12.2006, Item 6.15, Minutes of 14.12.2006, Item 6.16, Minutes of 14.12.2006, Item 6.22, Minutes of 14.12.2005, Item 6.23, Minutes of 14.12.2006, Item 6.26, Minutes of 14.12.2006, Item 6.27 and Minutes of 14.12.2006, Item 6.28)

| — | Richard Corbett (rapporteur on the amendment to Rule 81 of the Rules of Procedure, adopted on 14.12.2006 — Minutes of 14.12.2006, Item 6.20), who asked that the new provisions should be made available in January 2007 (the President said a new provisional version of the Rules of Procedure would be distributed for January 2007). |
| --- | --- |

—

Richard Corbett (rapporteur on the amendment to Rule 81 of the Rules of Procedure, adopted on 14.12.2006 — Minutes of 14.12.2006, Item 6.20), who asked that the new provisions should be made available in January 2007 (the President said a new provisional version of the Rules of Procedure would be distributed for January 2007).

Minutes of 14.12.2006, Item 6.20

3.   Documents received

The following documents had been received from the Commission:

| — | Proposal for a directive of the European Parliament and of the Council on the retrofitting of mirrors to heavy goods vehicles registered in the Community (COM(2006)0570 — C6-0332/2006 — 2006/0183(COD))






  referred to | responsible: TRAN

  opinion: ITRE |
| --- | --- | --- |

—

Proposal for a directive of the European Parliament and of the Council on the retrofitting of mirrors to heavy goods vehicles registered in the Community (COM(2006)0570 — C6-0332/2006 — 2006/0183(COD))

referred to

responsible: TRAN

responsible

opinion: ITRE

opinion

4.   Welcome

On behalf of Parliament, the President welcomed members of a delegation from the Pan-African Parliament — led by its President, Gertrude Mongella — who had taken their seats in the distinguished visitors' gallery.

5.   Signing of REACH and the seventh framework research programme

Josep Borrell Fontelles (President of the European Parliament) and Matti Vanhanen (President-in-Office of the Council) made short statements following the adoption of the REACH programme and the seventh framework research programme (Minutes of 13.12.2006, Item 8.1, Minutes of 13.12.2006, Item 8.2, Minutes of 30.11.2006, Item 8.10, Minutes of 30.11.2006, Item 8.11, Minutes of 30.11.2006, Item 8.14, Minutes of 30.11.2006, Item 8.15, Minutes of 30.11.2006, Item 8.16, Minutes of 30.11.2006, Item 8.17, Minutes of 30.11.2006, Item 8.18, Minutes of 30.11.2006, Item 8.19, Minutes of 30.11.2006, Item 8.20 and Minutes of 30.11.2006, Item 8.21).

(Minutes of 13.12.2006, Item 8.1, Minutes of 13.12.2006, Item 8.2, Minutes of 30.11.2006, Item 8.10, Minutes of 30.11.2006, Item 8.11, Minutes of 30.11.2006, Item 8.14, Minutes of 30.11.2006, Item 8.15, Minutes of 30.11.2006, Item 8.16, Minutes of 30.11.2006, Item 8.17, Minutes of 30.11.2006, Item 8.18, Minutes of 30.11.2006, Item 8.19, Minutes of 30.11.2006, Item 8.20 and Minutes of 30.11.2006, Item 8.21)

They then signed the acts, with José Manuel Barroso (President of the Commission), Karl-Heinz Florenz (Chairman of the ENVI Committee), Guido Sacconi (rapporteur on the REACH reports), Miloslav Ransdorf (Vice-Chairman of the ITRE Committee) and the three rapporteurs on the seventh framework research programme, Jerzy Buzek, Philippe Busquin and Anne Laperrouze.

6.   Meeting of the European Council of 14 and 15 December 2006 — Activities of the Finnish Presidency (debate)

(debate)

European Council report and Commission statement: Meeting of the European Council of 14 and 15 December 2006

Statement by the Presidency-in-Office of the Council: Activities of the Finnish Presidency

Matti Vanhanen (President-in-Office of the Council) introduced the European Council's report and made a statement on the six months of the Finnish Presidency of the Council.

José Manuel Barroso (President of the Commission) also made a statement on the European Council meeting.

The following spoke: Hans-Gert Poettering, on behalf of the PPE-DE Group, Martin Schulz, on behalf of the PSE Group, Graham Watson, on behalf of the ALDE Group, Brian Crowley, on behalf of the UEN Group, Monica Frassoni, on behalf of the Verts/ALE Group, Sylvia-Yvonne Kaufmann, on behalf of the GUE/NGL Group, Nigel Farage, on behalf of the IND/DEM Group, and Koenraad Dillen, Non-attached Member.

The following spoke under the catch-the-eye procedure: Alexander Stubb, Edite Estrela, Gérard Onesta, Gunnar Hökmark, Ville Itälä, Lasse Lehtinen, Józef Pinior, Margrietus van den Berg, Françoise Grossetête, Jan Mulder, Ryszard Czarnecki, Esko Seppänen, Piia-Noora Kauppi, Jacek Saryusz-Wolski, Marianne Mikko, Hannu Takkula, Zbigniew Zaleski, Richard Corbett, Kyriacos Triantaphyllides, Malcolm Harbour, Zbigniew Krzysztof Kuźmiuk, Simon Busuttil, Alojz Peterle, Tunne Kelam, Avril Doyle, Charles Tannock, Jacek Protasiewicz, Zita Pleštinská and Jerzy Buzek.

Matti Vanhanen and José Manuel Barroso replied to points raised by Members.

The debate closed.

7.   Dates for next sittings

The next sittings would be held from 15.01.2007 to 18.01.2007.

8.   Adjournment of session

The session of the European Parliament was adjourned.

The sitting closed at 13.25.

Julian Priestley

Secretary-General

Josep Borrell Fontelles

President

---

ATTENDANCE REGISTER

The following signed:

Agnoletto, Albertini, Andersson, Andrejevs, Arif, Ashworth, Audy, Ayala Sender, Ayuso, Baco, Bauer, Beaupuy, Becsey, Belet, Belohorská, Bennahmias, Berès, van den Berg, Berman, Blokland, Bonde, Borrell Fontelles, Bourlanges, Bozkurt, Bradbourn, Brejc, Brepoels, Brunetta, van den Burg, Bushill-Matthews, Busuttil, Buzek, Carollo, Caspary, Castex, Castiglione, Cavada, Christensen, Coelho, Corbett, Cramer, Crowley, Ryszard Czarnecki, Daul, De Blasio, De Keyser, Demetriou, Deprez, Descamps, Désir, De Veyrac, De Vits, Dillen, Doyle, Duff, Duka-Zólyomi, Elles, Estrela, Farage, Fernandes, Elisa Ferreira, Fjellner, Flasarová, Florenz, Fourtou, Frassoni, Fruteau, Gahler, Gaľa, Gaubert, Geremek, Geringer de Oedenberg, Gewalt, Gibault, Glattfelder, Gottardi, Gröner, Grossetête, Guardans Cambó, Guellec, Hänsch, Harangozó, Harbour, Hasse Ferreira, Hassi, Haug, Hegyi, Herczog, Hökmark, Holm, Horáček, Ibrisagic, Isler Béguin, Itälä, Jäätteenmäki, Janowski, Jeggle, Jöns, Jørgensen, Jordan Cizelj, Kallenbach, Karas, Kaufmann, Kauppi, Tunne Kelam, Klinz, Koch, Konrad, Krasts, Krupa, Kułakowski, Kusstatscher, Kuźmiuk, Lamassoure, Lambrinidis, Lang, Langen, Lax, Lehtinen, Libicki, Ludford, Lundgren, Maaten, McDonald, McGuinness, Madeira, Maldeikis, Maňka, Erika Mann, Markov, Marques, David Martin, Martínez Martínez, Masiel, Mauro, Mavrommatis, Mayer, Medina Ortega, Meijer, Miguélez Ramos, Mikko, Mikolášik, Millán Mon, Moreno Sánchez, Mulder, Muscat, Myller, Newton Dunn, Annemie Neyts-Uyttebroeck, Nicholson of Winterbourne, Novak, Olajos, Olbrycht, Ó Neachtain, Onesta, Onyszkiewicz, Őry, Oviir, Paasilinna, Pack, Panayotopoulos-Cassiotou, Papastamkos, Pęk, Alojz Peterle, Pīks, Pinior, Pirilli, Pleštinská, Podestà, Pöttering, Prets, Protasiewicz, Ransdorf, Rapkay, Resetarits, Reul, Rivera, Roithová, Rothe, Rouček, Roure, Rutowicz, Sacconi, Saïfi, Sakalas, Saryusz-Wolski, Schapira, Scheele, Olle Schmidt, Frithjof Schmidt, Schulz, Seeberg, Segelström, Seppänen, Siekierski, Sifunakis, Silva Peneda, Simpson, Sinnott, Sommer, Spautz, Speroni, Staniszewska, Starkevičiūtė, Sterckx, Stubb, Sudre, Swoboda, Szájer, Szent-Iványi, Tajani, Takkula, Tannock, Tomczak, Triantaphyllides, Tzampazi, Vaidere, Van Hecke, Vaugrenard, Veneto, Vlasák, Watson, Henri Weber, Weiler, Westlund, Wieland, Bernard Piotr Wojciechowski, Janusz Wojciechowski, Wurtz, Yañez-Barnuevo García, Záborská, Zaleski, Zappalà, Ždanoka, Zvěřina

Observers:

Bărbuleţiu, Cappone, Corlăţean, Coşea, Corina Creţu, Martin Dimitrov, Kazak, Kirilov, Mihalache, Paparizov, Sofianski, Szabó, Vigenin

---

23.12.2006

| 23.12.2006 | EN | Official Journal of the European Union | CE 317/s32 |
| --- | --- | --- | --- |

EN

Official Journal of the European Union

CE 317/s32

---

Key to symbols used

| * | Consultation procedure |
| --- | --- |
| **I | Cooperation procedure: first reading |
| **II | Cooperation procedure: second reading |
| *** | Assent procedure |
| ***I | Codecision procedure: first reading |
| ***II | Codecision procedure: second reading |
| ***III | Codecision procedure: third reading |

*

Consultation procedure

**I

Cooperation procedure: first reading

**II

Cooperation procedure: second reading

***

Assent procedure

***I

Codecision procedure: first reading

***II

Codecision procedure: second reading

***III

Codecision procedure: third reading

(The type of procedure is determined by the legal basis proposed by the Commission)

Information relating to voting time

Unless stated otherwise, the rapporteurs informed the Chair in writing, before the vote, of their position on the amendments.

Abbreviations used for Parliamentary Committees

| AFET | Committee on Foreign Affairs |
| --- | --- |
| DEVE | Committee on Development |
| INTA | Committee on International Trade |
| BUDG | Committee on Budgets |
| CONT | Committee on Budgetary Control |
| ECON | Committee on Economic and Monetary Affairs |
| EMPL | Committee on Employment and Social Affairs |
| ENVI | Committee on the Environment, Public Health and Food Safety |
| ITRE | Committee on Industry, Research and Energy |
| IMCO | Committee on the Internal Market and Consumer Protection |
| TRAN | Committee on Transport and Tourism |
| REGI | Committee on Regional Development |
| AGRI | Committee on Agriculture |
| PECH | Committee on Fisheries |
| CULT | Committee on Culture and Education |
| JURI | Committee on Legal Affairs |
| LIBE | Committee on Civil Liberties, Justice and Home Affairs |
| AFCO | Committee on Constitutional Affairs |
| FEMM | Committee on Women's Rights and Gender Equality |
| PETI | Committee on Petitions |

AFET

Committee on Foreign Affairs

DEVE

Committee on Development

INTA

Committee on International Trade

BUDG

Committee on Budgets

CONT

Committee on Budgetary Control

ECON

Committee on Economic and Monetary Affairs

EMPL

Committee on Employment and Social Affairs

ENVI

Committee on the Environment, Public Health and Food Safety

ITRE

Committee on Industry, Research and Energy

IMCO

Committee on the Internal Market and Consumer Protection

TRAN

Committee on Transport and Tourism

REGI

Committee on Regional Development

AGRI

Committee on Agriculture

PECH

Committee on Fisheries

CULT

Committee on Culture and Education

JURI

Committee on Legal Affairs

LIBE

Committee on Civil Liberties, Justice and Home Affairs

AFCO

Committee on Constitutional Affairs

FEMM

Committee on Women's Rights and Gender Equality

PETI

Committee on Petitions

Abbreviations used for Political Groups

| PPE-DE | Group of the European People’s Party (Christian Democrats) and European Democrats |
| --- | --- |
| PSE | Socialist Group in the European Parliament |
| ALDE | Group of the Alliance of Liberals and Democrats for Europe |
| Verts/ALE | Group of the Greens/European Free Alliance |
| GUE/NGL | Confederal Group of the European United Left – Nordic Green Left |
| IND/DEM | Independence and Democracy Group |
| UEN | Union for Europe of the Nations Group |
| NI | Non-attached Members |

PPE-DE

Group of the European People’s Party (Christian Democrats) and European Democrats

PSE

Socialist Group in the European Parliament

ALDE

Group of the Alliance of Liberals and Democrats for Europe

Verts/ALE

Group of the Greens/European Free Alliance

GUE/NGL

Confederal Group of the European United Left – Nordic Green Left

IND/DEM

Independence and Democracy Group

UEN

Union for Europe of the Nations Group

NI

Non-attached Members

---