# CE2004092EN.01001401.xml

| 16.4.2004 | EN | Official Journal of the European Union | CE 92/14 |
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16.4.2004

EN

Official Journal of the European Union

CE 92/14

---

MINUTES

(2004/C 92 E/02)

PROCEEDINGS OF THE SITTING

IN THE CHAIR: Ingo FRIEDRICH

Vice-President

1.   Opening of sitting

The sitting opened at 09.00.

2.   Documents received

The following document had been received:

| — | * Report on the proposal for a Council directive amending Directive 77/388/EEC with a view to extending the option to authorise Member States to apply reduced rates of VAT to certain highly labour-intensive services [COM(2003) 825 — C5-0653/2003 — 2003/0317(CNS)] — Committee on Economic and Monetary Affairs.
  Rapporteur: Christa Randzio-Plath
  (A5-0001/2004). |
| --- | --- |

—

- Report on the proposal for a Council directive amending Directive 77/388/EEC with a view to extending the option to authorise Member States to apply reduced rates of VAT to certain highly labour-intensive services [COM(2003) 825 — C5-0653/2003 — 2003/0317(CNS)] — Committee on Economic and Monetary Affairs.

Rapporteur: Christa Randzio-Plath

(A5-0001/2004).

3.   Debate 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 50, the following Members or political groups had requested that such a debate be held on the following motions for resolution:

| I. | ZIMBABWE







  — | Glenys Kinnock and Margrietus J. van den Berg, on behalf of the PSE Group, on the situation in Zimbabwe (B5-0016/2004); |
| --- | --- | --- |

I.

ZIMBABWE

ZIMBABWE

—

Glenys Kinnock and Margrietus J. van den Berg, on behalf of the PSE Group, on the situation in Zimbabwe (B5-0016/2004);

| — | Nelly Maes, Didier Rod and Marie Anne Isler Béguin, on behalf of the Verts/ALE Group, on Zimbabwe (B5-0020/2004); |
| --- | --- |

—

Nelly Maes, Didier Rod and Marie Anne Isler Béguin, on behalf of the Verts/ALE Group, on Zimbabwe (B5-0020/2004);

| — | Niall Andrews, José Ribeiro e Castro and Cristiana Muscardini, on behalf of the UEN Group, on the situation in Zimbabwe (B5-0022/2004); |
| --- | --- |

—

Niall Andrews, José Ribeiro e Castro and Cristiana Muscardini, on behalf of the UEN Group, on the situation in Zimbabwe (B5-0022/2004);

| — | Jan Mulder, on behalf of the ELDR Group, on the political situation in Zimbabwe (B5-0023/2004); |
| --- | --- |

—

Jan Mulder, on behalf of the ELDR Group, on the political situation in Zimbabwe (B5-0023/2004);

| — | Pedro Marset Campos, on behalf of the GUE/NGL Group, on the situation in Zimbabwe (B5-0026/2004); |
| --- | --- |

—

Pedro Marset Campos, on behalf of the GUE/NGL Group, on the situation in Zimbabwe (B5-0026/2004);

| — | Geoffrey Van Orden, John Alexander Corrie, Nirj Deva, Jacqueline Foster, Neil Parish, Charles Tannock, Mary Elizabeth Banotti, Michael Gahler, Eija-Riitta Anneli Korhola, Klaus-Heiner Lehne, Bernd Posselt and Lennart Sacrédeus, on behalf of the PPE-DE Group, on Zimbabwe (B5-0030/2004); |
| --- | --- |

—

Geoffrey Van Orden, John Alexander Corrie, Nirj Deva, Jacqueline Foster, Neil Parish, Charles Tannock, Mary Elizabeth Banotti, Michael Gahler, Eija-Riitta Anneli Korhola, Klaus-Heiner Lehne, Bernd Posselt and Lennart Sacrédeus, on behalf of the PPE-DE Group, on Zimbabwe (B5-0030/2004);

| — | Bastiaan Belder, on behalf of the EDD Group, on Zimbabwe (B5-0033/2004); |
| --- | --- |

—

Bastiaan Belder, on behalf of the EDD Group, on Zimbabwe (B5-0033/2004);

| II. | BURUNDI







  — | Margrietus J. van den Berg and Francisca Sauquillo Pérez del Arco, on behalf of the PSE Group, on Burundi (B5-0014/2004); |
| --- | --- | --- |

II.

BURUNDI

BURUNDI

—

Margrietus J. van den Berg and Francisca Sauquillo Pérez del Arco, on behalf of the PSE Group, on Burundi (B5-0014/2004);

| — | John Alexander Corrie, Jean-Pierre Bébéar, Vitaliano Gemelli and Bernd Posselt, on behalf of the PPE-DE Group, on Burundi (B5-0017/2004); |
| --- | --- |

—

John Alexander Corrie, Jean-Pierre Bébéar, Vitaliano Gemelli and Bernd Posselt, on behalf of the PPE-DE Group, on Burundi (B5-0017/2004);

| — | Nelly Maes, Patricia McKenna and Didier Rod, on behalf of the Verts/ALE Group, on Burundi (B5-0021/2004); |
| --- | --- |

—

Nelly Maes, Patricia McKenna and Didier Rod, on behalf of the Verts/ALE Group, on Burundi (B5-0021/2004);

| — | Johan Van Hecke, Cecilia Malmström and Colette Flesch, on behalf of the ELDR Group, on the situation in Burundi (B5-0024/2004); |
| --- | --- |

—

Johan Van Hecke, Cecilia Malmström and Colette Flesch, on behalf of the ELDR Group, on the situation in Burundi (B5-0024/2004);

| — | Pedro Marset Campos, on behalf of the GUE/NGL Group, on the murder of the papal nuncio in Burundi (B5-0027/2004); |
| --- | --- |

—

Pedro Marset Campos, on behalf of the GUE/NGL Group, on the murder of the papal nuncio in Burundi (B5-0027/2004);

| — | Gerard Collins, Niall Andrews, Brian Crowley, James (Jim) Fitzsimons, Liam Hyland and Seán Ó Neachtain, on behalf of the UEN Group, on Burundi (B5-0029/2004); |
| --- | --- |

—

Gerard Collins, Niall Andrews, Brian Crowley, James (Jim) Fitzsimons, Liam Hyland and Seán Ó Neachtain, on behalf of the UEN Group, on Burundi (B5-0029/2004);

| III. | HAITI







  — | Margrietus J. van den Berg, Karin Junker and Marie-Arlette Carlotti, on behalf of the PSE Group, on the situation in Haïti (B5-0015/2004); |
| --- | --- | --- |

III.

HAITI

HAITI

—

Margrietus J. van den Berg, Karin Junker and Marie-Arlette Carlotti, on behalf of the PSE Group, on the situation in Haïti (B5-0015/2004);

| — | Bashir Khanbhai, Jas Gawronski and Bernd Posselt, on behalf of the PPE-DE Group, on the situation in Haïti (B5-0018/2004); |
| --- | --- |

—

Bashir Khanbhai, Jas Gawronski and Bernd Posselt, on behalf of the PPE-DE Group, on the situation in Haïti (B5-0018/2004);

| — | Inger Schörling, Didier Rod, Nelly Maes and Marie Anne Isler Béguin, on behalf of the Verts/ALE Group, on Haïti (B5-0019/2004); |
| --- | --- |

—

Inger Schörling, Didier Rod, Nelly Maes and Marie Anne Isler Béguin, on behalf of the Verts/ALE Group, on Haïti (B5-0019/2004);

| — | Colette Flesch, on behalf of the ELDR Group, on the situation in Haïti (B5-0025/2004); |
| --- | --- |

—

Colette Flesch, on behalf of the ELDR Group, on the situation in Haïti (B5-0025/2004);

| — | Pedro Marset Campos, on behalf of the GUE/NGL Group, on the situation in Haïti (B5-0028/2004); |
| --- | --- |

—

Pedro Marset Campos, on behalf of the GUE/NGL Group, on the situation in Haïti (B5-0028/2004);

| — | Niall Andrews, on behalf of the UEN Group, on the situation in Haïti (B5-0031/2004); |
| --- | --- |

—

Niall Andrews, on behalf of the UEN Group, on the situation in Haïti (B5-0031/2004);

| — | Ulla Margrethe Sandbæk, on behalf of the EDD Group, on Haïti (B5-0032/2004). |
| --- | --- |

—

Ulla Margrethe Sandbæk, on behalf of the EDD Group, on Haïti (B5-0032/2004).

Speaking time would be allocated in accordance with Rule 120.

4.   Decision on urgent procedure

Request for urgent procedure:

| — | Proposal for a Council decision on the system of dock dues in the French overseas departments and extending Decision 89/688/EEC [COM(2003) 792 — C5-0656/2003 — 2003/0308(CNS)] |
| --- | --- |

—

Proposal for a Council decision on the system of dock dues in the French overseas departments and extending Decision 89/688/EEC [COM(2003) 792 — C5-0656/2003 — 2003/0308(CNS)]

Margie Sudrespoke on behalf of the RETT Committee.

The request for urgent procedure was approved.

The item was added to the agenda for the sitting of Thursday 15 January 2004.

The deadline for tabling amendments for plenary would be 14 January 2004 at 10.00.

5.   Services of general interest (debate)

(debate)

Report on the Green Paper on services of general interest [COM(2003) 270 — 2003/2152(INI)] — Committee on Economic and Monetary Affairs.

Rapporteur: Philippe A.R. Herzog

(A5-0484/2003).

Philippe A.R. Herzog introduced the report.

Pascal Lamy (Member of the Commission)spoke.

The following spoke: Ioannis Koukiadis (draftsman of the opinion of the JURI Committee), Werner Langen (draftsman of the opinion of the ITRE Committee), Hélène Flautre (draftsman of the opinion of the EMPL Committee), Johannes (Hannes) Swoboda (draftsman of the opinion of the RETT Committee), Alexander Radwan, on behalf of the PPE-DE Group, Bernhard Rapkay, on behalf of the PSE Group, Karin Riis-Jørgensen, on behalf of the ELDR Group, Sylviane H. Ainardi, on behalf of the GUE/NGL Group, Pierre Jonckheer, on behalf of the Verts/ALE Group, Johannes (Hans) Blokland, on behalf of the EDD Group, Benedetto Della Vedova, Non-attached Member, Lisbeth Grönfeldt Bergman, Proinsias De Rossa, Willy C.E.H. De Clercq and Herman Schmid.

IN THE CHAIR: Gerhard SCHMID

Vice-President

The following spoke: Jean Lambert, Yves Butel, Georges Berthu, Othmar Karas, Olga Zrihen, Gérard Caudron, Elisabeth Schroedter, Jean-Louis Bourlanges, Bernard Poignant, Ioannis Patakis and Pascal Lamy.

The debate closed.

Vote: Minutes of 14.01.2004, Item 4.3

Minutes of 14.01.2004, Item 4.3

6.   The operating framework for the European Regulatory Agencies (debate)

(debate)

Report on the Communication from the Commission entitled ‘The operating framework for the European Regulatory Agencies‧ [COM(2002) 718 — 2003/2089(INI)] — Committee on Constitutional Affairs.

Rapporteur: Teresa Almeida Garrett

(A5-0471/2003).

Teresa Almeida Garrett introduced the report.

Pascal Lamy (Member of the Commission) spoke.

The following spoke: Manuel Medina Ortega (draftsman of the opinion of the JURI Committee), Margrietus J. van den Berg, on behalf of the PSE Group, Anne Elisabet Jensen, on behalf of the ELDR Group, Wilfried Kuckelkorn (draftsman of the opinion of the BUDG Committee), on behalf of the PSE Group, Jo Leinen, Luís Marinho and Pascal Lamy.

The debate closed.

Vote: Item 9.13.

Item 9.13

7.   Prospects for the Doha Development Round after the WTO General Council meeting of 15 December 2003(statement followed by debate)

(statement followed by debate)

Commission statement: Prospects for the Doha Development Round after the WTO General Council meeting of 15 December 2003

Pascal Lamy and Franz Fischler (Members of the Commission) made statements.

The following spoke: W.G. van Velzen, on behalf of the PPE-DE Group, Margrietus J. van den Berg, on behalf of the PSE Group, Elly Plooij-van Gorsel, on behalf of the ELDR Group, Ilda Figueiredo, on behalf of the GUE/NGL Group, Paul A.A.J.G. Lannoye, on behalf of the Verts/ALE Group, Liam Hyland, on behalf of the UEN Group, Bastiaan Belder, on behalf of the EDD Group, Benedetto Della Vedova, Non-attached Member, Konrad K. Schwaiger, Harlem Désir, Willy C.E.H. De Clercq, Helmuth Markov and Dominique F.C. Souchet.

The debate was suspended at that point for voting time.

The debate would resume at 15:00 (Item 14).

(Item 14)

IN THE CHAIR: Renzo IMBENI

Vice-President

8.   Agenda

The next item was the decision on the request to amend the Agenda submitted the previous day by the PSE Group (Item 8 of Minutes of Monday 12 January 2004) seeking to postpone the vote on the report by Stefano Zappalà (A5-0470/2003) to the next part-session.

(Item 8 of Minutes of Monday 12 January 2004)

The rapporteur said he was in agreement with the request.

The President established that there were no objections (the debate would take place on Thursday morning as scheduled).

9.   Voting time

Details of voting (amendments, separate and split votes, etc.) appear in Annex 1 to the Minutes.

9.1.   Community plant variety rights * (Rule 110a)(vote)

(Rule 110a)(vote)

Report on the proposal for a Council regulation amending Regulation (EC) No 2100/94 on Community plant variety rights [COM(2003) 456 — C5-0573/2003 — 2003/0161(CNS)] — Committee on Agriculture and Rural Development.

Rapporteur: Joseph Daul

(A5-0482/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 1)

(Voting record: Annex 1, Item 1)

COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0001)

(P5_TA(2004)0001)

9.2.   Controls on fishing for certain highly migratory fish * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the amended proposal for a Council regulation amending Regulation (EC) No 1936/2001 of 27 September 2001 laying down control measures applicable to fishing for certain stocks of highly migratory fish [COM(2002) 421 — C5-0406/2002 — COM(2003) 417 — C5-0479/2003 — 2002/0186(CNS)] — Committee on Fisheries.

Rapporteur: Patricia McKenna

(A5-0438/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 2)

(Voting record: Annex 1, Item 2)

COMMISSION PROPOSAL, AMENDMENT and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0002)

(P5_TA(2004)0002)

9.3.   Technical conservation measures for certain highly migratory species * (Rule 110a)(vote)

(Rule 110a)(vote)

Report on the amended proposal for a Council regulation amending Regulation (EC) No 973/2001 laying down certain technical measures for the conservation of certain stocks of highly migratory species [COM(2002) 420 — C5-0407/2002 — COM(2003) 421 — C5-0429/2003 — 2002/0189(CNS)] — Committee on Fisheries.

Rapporteur: Yves Piétrasanta

(A5-0439/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 3)

(Voting record: Annex 1, Item 3)

COMMISSION PROPOSAL, AMENDMENT and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0003)

(P5_TA(2004)0003)

9.4.   New narcotic and synthetic drugs * (Rule 110a)(vote)

(Rule 110a)(vote)

Report on the proposal for a Council decision on the information exchange, risk-assessment and the control on new narcotic drugs and new synthetic drugs [COM(2003) 560 — C5-0516/2003 — 2003/0215(CNS)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.

Rapporteur: Hubert Pirker

(A5-0483/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 4)

(Voting record: Annex 1, Item 4)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0004)

(P5_TA(2004)0004)

9.5.   UN convention and protocols against transnational organised crime, smuggling of migrants and trafficking in persons * (Rule 110a)(vote)

(Rule 110a)(vote)

Report on the proposals for Council decisions on: I. the conclusion, on behalf of the European Community, of the United Nations Convention Against Transnational Organised Crime [COM(2003) 0512 — C5-0487/2003 — 2003/0195(CNS)]

II. the conclusion, on behalf of the European Community, of the Protocol Against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention Against Transnational Organised Crime

[COM(2003) 0512 — C5-0488/2003 — 2003/0196(CNS)]

III. the conclusion, on behalf of the European Community, of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women And Children, supplementing the United Nations Convention Against Transnational Organised Crime

[COM(2003) 0512 — C5-0489/2003 — 2003/0197(CNS)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.

Rapporteur: Martine Roure

(A5-0485/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 5)

(Voting record: Annex 1, Item 5)

COMMISSION PROPOSALS and DRAFT LEGISLATIVE RESOLUTIONS

Martine Roure (rapporteur) made a statement pursuant to Rule 110a(4).

Adopted by single vote (P5_TA(2004)0005), (P5_TA(2004)0006) and (P5_TA(2004)0007)

(P5_TA(2004)0005), (P5_TA(2004)0006) and (P5_TA(2004)0007)

9.6.   Combating ship-source pollution * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a Council framework decision to strengthen the criminal law framework for the enforcement of the law against ship-source pollution [COM(2003) 227 — C5-0244/2003 — 2003/0088(CNS)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs.

Rapporteur: Giuseppe Di Lello Finuoli

(A5-0373/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 6)

(Voting record: Annex 1, Item 6)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0008)

(P5_TA(2004)0008)

9.7.   Introduction of sanctions for pollution offences ***I (vote)

(vote)

Report on the proposal for a European Parliament and Council directive on ship-source pollution and on the introduction of sanctions, including criminal sanctions, for pollution offences [COM(2003) 92 — C5-0076/2003 — 2003/0037(COD)] — Committee on Regional Policy, Transport and Tourism.

Rapporteur: Peter Pex

(A5-0388/2003).

Draftsman of the opinion (Rule 162a): Françoise Grossetête, ENVI Committee

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 7)

(Voting record: Annex 1, Item 7)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2004)0009)

(P5_TA(2004)0009)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0009)

(P5_TA(2004)0009)

9.8.   Transfer of cargo and passenger ships between registers ***I (vote)

(vote)

Report on the proposal for a European Parliament and Council regulation on the transfer of cargo and passenger ships between registers within the Community [COM(2003) 478 — C5-0366/2003 — 2003/0180(COD)] — Committee on Regional Policy, Transport and Tourism.

Rapporteur: Bernard Poignant

(A5-0413/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 8)

(Voting record: Annex 1, Item 8)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2004)0010)

(P5_TA(2004)0010)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0010)

(P5_TA(2004)0010)

9.9.   Management of nuclear waste * (vote)

(vote)

Report on the proposal for a Council directive (Euratom) on the management of spent nuclear fuel and radioactive waste [COM(2003) 32 — C5-0229/2003 — 2003/0022(CNS)] — Committee on Industry, External Trade, Research and Energy.

Rapporteur: Alejo Vidal-Quadras Roca

(A5-0442/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 9)

(Voting record: Annex 1, Item 9)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2004)0011)

(P5_TA(2004)0011)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0011)

(P5_TA(2004)0011)

9.10.   Safety of nuclear installations * (vote)

(vote)

Report on the proposal for a Council directive (Euratom) setting out basic obligations and general principles on the safety of nuclear installations [COM(2003) 32 — C5-0228/2003 — 2003/0021(CNS)] — Committee on Industry, External Trade, Research and Energy.

Rapporteur: Esko Olavi Seppänen

(A5-0441/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 10)

(Voting record: Annex 1, Item 10)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2004)0012)

(P5_TA(2004)0012)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0012)

(P5_TA(2004)0012)

*

- *

(From 12.00 to 12.25, a formal sitting of Parliament was held, chaired by Pat Cox, on the occasion of the visit by Mr Svetozar Marovic, President of Serbia and Montenegro.)

(From 12.00 to 12.25, a formal sitting of Parliament was held, chaired by Pat Cox, on the occasion of the visit by Mr Svetozar Marovic, President of Serbia and Montenegro.)

*

- *

9.11.   Euratom loans for nuclear power stations * (vote)

(vote)

Report on the proposal for a Council decision amending Decision 77/270/Euratom empowering the Commission to issue Euratom loans for the purpose of contributing to the financing of nuclear power stations [COM(2002) 456 — C5-0570/2002 — 2002/0246(CNS)] — Committee on Industry, External Trade, Research and Energy.

Rapporteur: Hiltrud Breyer

(A5-0443/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 11)

(Voting record: Annex 1, Item 11)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2004)0013)

(P5_TA(2004)0013)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0013)

(P5_TA(2004)0013)

The following spoke:

The following spoke:

Hiltrud Breyer (rapporteur) requested after the vote that her name be removed from the report since the outcome of the vote did not reflect her position on the matter (the President took note of her request).

9.12.   Arctic agriculture (vote)

(vote)

Report on Arctic agriculture [2003/2051(INI)] — Committee on Agriculture and Rural Development.

Rapporteur: Mikko Pesälä

(A5-0463/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 12)

(Voting record: Annex 1, Item 12)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2004)0014)

(P5_TA(2004)0014)

The following spoke:

The following spoke:

The rapporteur spoke before the vote.

9.13.   The operating framework for the European Regulatory Agencies (vote)

(vote)

Report on the Communication from the Commission entitled ‘The operating framework for the European Regulatory Agencies‧ [COM(2002) 718 — 2003/2089(INI)] — Committee on Constitutional Affairs.

Rapporteur: Teresa Almeida Garrett

(A5-0471/2003)

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 13)

(Voting record: Annex 1, Item 13)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2004)0015)

(P5_TA(2004)0015)

10.   Explanations of vote

Written explanations of vote:

Written explanations of vote:

Explanations of vote submitted in writing under Rule 137(3) appear in the verbatim report of proceedings for this sitting.

Oral explanations of vote:

Oral explanations of vote:

Report Poignant — A5-0413/2003

| — | Ian Stewart Hudghton |
| --- | --- |

—

Ian Stewart Hudghton

Report Vidal-Quadras Roca — A5-0442/2003

| — | Ian Stewart Hudghton |
| --- | --- |

—

Ian Stewart Hudghton

11.   Corrections to votes

Corrections to votes were submitted by the following Members:

Report Daul — A5-0482/2003

| — | legislative resolution

  for: Charlotte Cederschiöld, Avril Doyle and Othmar Karas |
| --- | --- |

—

legislative resolution

for: Charlotte Cederschiöld, Avril Doyle and Othmar Karas

for:

Report Pex — A5-0388/2003

| — | amendment 6 first part

  for: María Sornosa Martínez, Ilda Figueiredo and Avril Doyle |
| --- | --- |

—

amendment 6 first part

for: María Sornosa Martínez, Ilda Figueiredo and Avril Doyle

for:

| — | amendment 6 second part

  for: Avril Doyle

  against: Ilda Figueiredo |
| --- | --- |

—

amendment 6 second part

for: Avril Doyle

for:

against: Ilda Figueiredo

against:

| — | amendment 22

  for: María Sornosa Martínez |
| --- | --- |

—

amendment 22

for: María Sornosa Martínez

for:

| — | amendment 26

  for: María Sornosa Martínez |
| --- | --- |

—

amendment 26

for: María Sornosa Martínez

for:

| — | amendment 27

  for: María Sornosa Martínez and Cecilia Malmström |
| --- | --- |

—

amendment 27

for: María Sornosa Martínez and Cecilia Malmström

for:

| — | amendment 28

  for: María Sornosa Martínez

  against: Elizabeth Montfort and Marie-Françoise Garaud |
| --- | --- |

—

amendment 28

for: María Sornosa Martínez

for:

against: Elizabeth Montfort and Marie-Françoise Garaud

against:

Report Poignant — A5-0413/2003

| — | amendment 2

  against: Paul Coûteaux |
| --- | --- |

—

amendment 2

against: Paul Coûteaux

against:

Report Vidal-Quadras Roca — A5-0442/2003

| — | amendment 13

  for: Marie-Françoise Garaud and Claude Turmes |
| --- | --- |

—

amendment 13

for: Marie-Françoise Garaud and Claude Turmes

for:

| — | amendment 16

  for: Dana Rosemary Scallon, Claude Turmes and José Ribeiro e Castro |
| --- | --- |

—

amendment 16

for: Dana Rosemary Scallon, Claude Turmes and José Ribeiro e Castro

for:

| — | amendment 19

  for: Dana Rosemary Scallon and Claude Turmes

  against: Malcolm Harbour |
| --- | --- |

—

amendment 19

for: Dana Rosemary Scallon and Claude Turmes

for:

against: Malcolm Harbour

against:

| — | amendment 20

  for: Dana Rosemary Scallon, Claude Turmes and Jan Andersson |
| --- | --- |

—

amendment 20

for: Dana Rosemary Scallon, Claude Turmes and Jan Andersson

for:

| — | amendment 26

  for: Dana Rosemary Scallon and Claude Turmes |
| --- | --- |

—

amendment 26

for: Dana Rosemary Scallon and Claude Turmes

for:

Report Seppänen — A5-0441/2003

| — | amendment 11

  for: Claude Turmes |
| --- | --- |

—

amendment 11

for: Claude Turmes

for:

| — | amendment 28

  for: Dana Rosemary Scallon and Hubert Pirker |
| --- | --- |

—

amendment 28

for: Dana Rosemary Scallon and Hubert Pirker

for:

| — | amendment 29

  for: Anne Ferreira

  against: Joan Vallvé |
| --- | --- |

—

amendment 29

for: Anne Ferreira

for:

against: Joan Vallvé

against:

| — | amendment 30

  against: Sami Naïr |
| --- | --- |

—

amendment 30

against: Sami Naïr

against:

Report Breyer — A5-0443/2003

| — | amendment 17

  for: Alain Krivine, Saïd El Khadraoui and Reinhard Rack

  against: Arlette Laguiller, Armonia Bordes and Chantal Cauquil |
| --- | --- |

—

amendment 17

for: Alain Krivine, Saïd El Khadraoui and Reinhard Rack

for:

against: Arlette Laguiller, Armonia Bordes and Chantal Cauquil

against:

| — | amendment 19

  for: Alain Krivine, Saïd El Khadraoui and Reinhard Rack

  against: Charlotte Cederschiöld

  abstention: Arlette Laguiller, Armonia Bordes and Chantal Cauquil |
| --- | --- |

—

amendment 19

for: Alain Krivine, Saïd El Khadraoui and Reinhard Rack

for:

against: Charlotte Cederschiöld

against:

abstention: Arlette Laguiller, Armonia Bordes and Chantal Cauquil

abstention:

Report Pesälä — A5-0463/2003

| — | legislative resolution

  for: Bruno Gollnisch and Othmar Karas |
| --- | --- |

—

legislative resolution

for: Bruno Gollnisch and Othmar Karas

for:

(The sitting was suspended at 12.40 and resumed at 15.00.)

(The sitting was suspended at 12.40 and resumed at 15.00.)

IN THE CHAIR: Giorgos DIMITRAKOPOULOS

Vice-President

12.   Approval of Minutes of previous sitting

The Minutes of the previous sitting were approved.

13.   Written declarations (Rule 51)

(Rule 51)

In accordance with Rule 51(5), written declarations Nos 18, 19 and 20/2003 lapsed as they had not obtained the required number of signatures.

14.   Prospects for the Doha Development Round after the WTO General Council meeting of 15 December 2003(continuation of debate)

(continuation of debate)

The following spoke: Paul Rübig, Erika Mann, William Abitbol, Robert William Sturdy, Dorette Corbey, Francesco Fiori, María del Pilar Ayuso González, Michel Hansenne, Concepció Ferrer, Franz Fischler (Member of the Commission) and Pascal Lamy (Member of the Commission).

The debate closed.

15.   Illegal trade in bushmeat (debate)

(debate)

Report on the protection and conservation of Great Apes and other species endangered by the illegal trade in bushmeat (Petition 461/2000) [2003/2078(INI)] — Committee on Petitions.

Rapporteur: Proinsias De Rossa

(A5-0355/2003)

Proinsias De Rossa introduced the report.

Poul Nielson (Member of the Commission) spoke.

The following spoke: John Alexander Corrie (draftsman of the opinion of the DEVE Committee), Stockton, on behalf of the PPE-DE Group, Glyn Ford, on behalf of the PSE Group, Jean Lambert, on behalf of the Verts/ALE Group, Véronique Mathieu, on behalf of the EDD Group, Neil Parish, Glenys Kinnock, Eurig Wyn, Poul Nielson and Glyn Ford on the remarks by Jean Lambert and Neil Parish.

The debate closed.

Vote: Minutes of 14.01.2004, Item 4.4

Minutes of 14.01.2004, Item 4.4

16.   EU aid to Iran following the earthquake (statement followed by debate)

(statement followed by debate)

Commission statement: EU aid to Iran following the earthquake

Poul Nielson (Member of the Commission) made the statement.

The following spoke: Michael Gahler, on behalf of the PPE-DE Group, and Johannes (Hannes) Swoboda, on behalf of the PSE Group.

IN THE CHAIR: Catherine LALUMIÈRE

Vice-President

The following spoke: Cecilia Malmström, on behalf of the ELDR Group, Gerard Collins, on behalf of the UEN Group, Marco Pannella, Non-attached Member, Véronique De Keyser, Richard Howitt and Poul Nielson.

Motions for resolution to wind up the debate pursuant to Rule 37(2):

| — | Daniel Marc Cohn-Bendit, Monica Frassoni, Nelly Maes, Per Gahrton, Alima Boumediene-Thiery, Matti Wuori and Eurig Wyn, on behalf of the Verts/ALE Group, on EU aid to Iran following the earthquake (B5-0034/2004) |
| --- | --- |

—

Daniel Marc Cohn-Bendit, Monica Frassoni, Nelly Maes, Per Gahrton, Alima Boumediene-Thiery, Matti Wuori and Eurig Wyn, on behalf of the Verts/ALE Group, on EU aid to Iran following the earthquake (B5-0034/2004)

| — | Pernille Frahm, Pedro Marset Campos and Esko Olavi Seppänen, on behalf of the GUE/NGL Group, on EU aid to Iran following the earthquake (B5-0035/2004) |
| --- | --- |

—

Pernille Frahm, Pedro Marset Campos and Esko Olavi Seppänen, on behalf of the GUE/NGL Group, on EU aid to Iran following the earthquake (B5-0035/2004)

| — | Gerard Collins, Niall Andrews and James (Jim) Fitzsimons, on behalf of the UEN Group, on EU aid to Iran following the earthquake (B5-0036/2004) |
| --- | --- |

—

Gerard Collins, Niall Andrews and James (Jim) Fitzsimons, on behalf of the UEN Group, on EU aid to Iran following the earthquake (B5-0036/2004)

| — | Michael Gahler, on behalf of the PPE-DE Group, on the EU aid to Iran following the earthquake (B5-0037/2004) |
| --- | --- |

—

Michael Gahler, on behalf of the PPE-DE Group, on the EU aid to Iran following the earthquake (B5-0037/2004)

| — | Enrique Barón Crespo, Johannes (Hannes) Swoboda, Jannis Sakellariou, Véronique De Keyser, Anna Terrón i Cusí and Margrietus J. van den Berg, on behalf of the PSE Group, on EU aid to Iran following the earthquake (B5-0038/2004) |
| --- | --- |

—

Enrique Barón Crespo, Johannes (Hannes) Swoboda, Jannis Sakellariou, Véronique De Keyser, Anna Terrón i Cusí and Margrietus J. van den Berg, on behalf of the PSE Group, on EU aid to Iran following the earthquake (B5-0038/2004)

| — | Cecilia Malmström, on behalf of the ELDR Group, on the earthquake in Kerman province in Iran (B5-0039/2004) |
| --- | --- |

—

Cecilia Malmström, on behalf of the ELDR Group, on the earthquake in Kerman province in Iran (B5-0039/2004)

The debate closed.

Vote: Minutes of 15.01.2004, Item 5.9

Minutes of 15.01.2004, Item 5.9

*

- *

The President announced that the next item on the agenda, the debate on the Varela Suanzes-Carpegna report (A5-0412/2003), would be interrupted so as to allow the Commission to make an announcement on services in the internal market, scheduled for 17.00.

17.   Tuna (debate)

(debate)

Report on the tuna fleet and industry: situation and future prospects in the EU and worldwide [2003/2017(INI)] — Committee on Fisheries.

Rapporteur: Daniel Varela Suanzes-Carpegna

(A5-0412/2003)

Daniel Varela Suanzes-Carpegna introduced the report, after having protested against the decision announced by the President.

Franz Fischler (Member of the Commission) spoke.

The following spoke: Struan Stevenson, on behalf of the PPE-DE Group, Rosa Miguélez Ramos, on behalf of the PSE Group, Patricia McKenna, on behalf of the Verts/ALE Group, Sebastiano (Nello) Musumeci, on behalf of the UEN Group, Dominique F.C. Souchet, Non-attached Member, Giorgio Lisi, Catherine Stihler, Neil Parish, Joaquim Piscarreta and James Nicholson.

The debate closed.

Vote: Minutes of 14.01.2004, Item 4.1

Minutes of 14.01.2004, Item 4.1

The President announced that Members who had wanted to speak on this item but had been absent on account of the slight confusion in proceedings at the beginning of this item could hand in their speech in writing.

18.   Agenda

Pursuant to Rule 111(2), the President proposed, given that Frits Bolkestein (Member of the Commission) was not in the Chamber, that the Commission communication on services in the internal market be postponed until 21:00 that evening.

Parliament approved the proposal.

IN THE CHAIR: Alonso José PUERTA

Vice-President

19.   Question Time (Commission)

(Commission)

Parliament considered a number of questions to the Commission (B5-0002/2004).

First part

First part

Question 12 by Marialiese Flemming: Violence against elderly people.

Question 12

Anna Diamantopoulou (Member of the Commission) answered the question and supplementaries by Marialiese Flemming and John Bowis.

Question 13 by Reino Paasilinna: Monitoring of spam prevention.

Question 13

Erkki Liikanen (Member of the Commission) answered the question and supplementaries by Reino Paasilinna and Astrid Thors.

Question 14 by Avril Doyle: Fluoride in drinking water.

Question 14

Margot Wallström (Member of the Commission) answered the question and supplementaries by Avril Doyle and Patricia McKenna.

Second part

Second part

Question 15 by Claude Moraes: Tampere Council objectives.

Question 15

António Vitorino (Member of the Commission) answered the question and supplementaries by Claude Moraes and Robert J.E. Evans.

Question 16 by Alexandros Alavanos: Agreement between the European Union and the United States concerning extradition.

Question 16

António Vitorino answered the question.

Question 17 by Patricia McKenna: Welfare and transport of greyhounds from Ireland to Spain.

Question 17

David Byrne (Member of the Commission) answered the question and a supplementary by Patricia McKenna.

Question 18 by Philip Bushill-Matthews: Action against the Netherlands for breaching the EU Plants Directive.

Question 18

David Byrne answered the question.

Philip Bushill-Matthews put a supplementary which David Byrne undertook to answer in writing.

Question 19 by John Bowis: Surveillance of cancer, tuberculosis and HIV/AIDS.

Question 19

David Byrne answered the question and a supplementary by John Bowis.

Question 20 by José Manuel García-Margallo y Marfil: Imports of citrus fruits from the Southern Cone.

Question 20

David Byrne answered the question and a supplementary by José Manuel García-Margallo y Marfil.

Question 21 by Dorette Corbey: Obsolete pesticides.

Question 21

Question 22 by Jan Marinus Wiersma: Obsolete pesticides.

Question 22

Question 23 by Robert Goodwill: Obsolete pesticides.

Question 23

Christopher Patten (Member of the Commission) answered the questions and supplementaries by Jan Marinus Wiersma and Alexander de Roo.

Question 24 lapsed as its author was absent.

Question 24

Question 25 by Glenys Kinnock: Common Foreign and Security Policy.

Question 25

Christopher Patten answered the question and supplementaries by Glenys Kinnock and Eija-Riitta Anneli Korhola.

Question 26 by Rodi Kratsa-Tsagaropoulou: Syria-EU Association Agreement.

Question 26

Christopher Patten answered the question and supplementaries by Rodi Kratsa-Tsagaropoulou and John Purvis.

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

Commission Question Time closed.

(The sitting was suspended at 19.05 and resumed at 21.00.)

(The sitting was suspended at 19.05 and resumed at 21.00.)

IN THE CHAIR: Charlotte CEDERSCHIÖLD

Vice-President

20.   Services in the internal market (Commission communication)

(Commission communication)

Commission communication Services in the internal market

Frits Bolkestein (Member of the Commission) made the communication and briefly informed Parliament of the decision taken by the Commission on that day in relation to the Stability Pact.

The following put questions under the ‘catch the eye‧ procedure, which Frits Bolkestein answered: Malcolm Harbour, Peter Michael Mombaur, Bent Hindrup Andersen and Theresa Villiers.

The item was closed.

21.   Detergents ***II (debate)

(debate)

Recommendation for second reading on the common position adopted by the Council with a view to adopting a European Parliament and Council regulation on detergents [10595/2003 — C5-0521/2003 — 2002/0216(COD)] — Committee on the Environment, Public Health and Consumer Policy.

Rapporteur: Mauro Nobilia

(A5-0455/2003)

Mauro Nobilia introduced the recommendation for second reading.

Erkki Liikanen (Member of the Commission)spoke.

The following spoke: Karl-Heinz Florenz, on behalf of the PPE-DE Group, Guido Sacconi, on behalf of the PSE Group, Jonas Sjöstedt, on behalf of the GUE/NGL Group, Alexander de Roo, on behalf of the Verts/ALE Group, Johannes (Hans) Blokland, on behalf of the EDD Group, Avril Doyle, David Robert Bowe, Inger Schörling, Sérgio Marques and Erkki Liikanen.

The debate closed.

Vote: Minutes of 14.01.2004, Item 4.2

Minutes of 14.01.2004, Item 4.2

22.   Health issues and poverty reduction (debate)

(debate)

Report on the Commission communication on the update of the EC Programme for Action: accelerated action on HIV/AIDS, malaria and tuberculosis in the context of poverty reduction; outstanding policy issues and future challenges [COM(2003) 93 — 2003/2146(INI)] — Committee on Development and Cooperation.

Rapporteur: Ulla Margrethe Sandbæk

(A5-0474/2003)

Ulla Margrethe Sandbæk introduced the report.

Poul Nielson (Member of the Commission)spoke.

The following spoke: Dorette Corbey (draftsman of the opinion of the ITRE Committee), Anna Karamanou (draftsman of the opinion of the FEMM Committee), Maria Martens, on behalf of the PPE-DE Group, Marie-Arlette Carlotti, on behalf of the PSE Group, Hans Modrow, on behalf of the GUE/NGL Group, Didier Rod, on behalf of the Verts/ALE Group, Lennart Sacrédeus, Glenys Kinnock, Armonia Bordes, Inger Schörling, Bashir Khanbhai, Karin Junker, Linda McAvan, Reino Paasilinna and Poul Nielson.

The debate closed.

Vote: Minutes of 14.01.2004, Item 4.5

Minutes of 14.01.2004, Item 4.5

23.   NEPAD (debate)

(debate)

Report on the New Partnership for Africa's Development (NEPAD) [2003/2106(INI)] — Committee on Development and Cooperation.

Rapporteur: Jean-Pierre Bébéar

(A5-0329/2003)

Jean-Pierre Bébéar introduced the report.

Poul Nielson (Member of the Commission) spoke.

The following spoke: John Alexander Corrie, on behalf of the PPE-DE Group, Glenys Kinnock, on behalf of the PSE Group, Didier Rod, on behalf of the Verts/ALE Group, Michael Gahler, Karin Junker, Nelly Maes, Geoffrey Van Orden, Linda McAvan, Bashir Khanbhai and Poul Nielson.

The debate closed.

Vote: Minutes of 14.01.2004, Item 4.6

Minutes of 14.01.2004, Item 4.6

24.   Cultural diversity (debate)

(debate)

Report on preserving and promoting cultural diversity: the role of the European regions and international organisations such as UNESCO and the Council of Europe [2002/2269(INI)] — Committee on Culture, Youth, Education, the Media and Sport.

Rapporteur: Christa Prets

(A5-0477/2003)

Christa Prets introduced the report.

Viviane Reding (Member of the Commission) spoke.

The following spoke: Nelly Maes (draftsman of the opinion of the AFET Committee), Christopher J.P. Beazley, on behalf of the PPE-DE Group, Karin Junker, on behalf of the PSE Group, Joan Vallvé, on behalf of the ELDR Group, Geneviève Fraisse, on behalf of the GUE/NGL Group, Miquel Mayol i Raynal, on behalf of the Verts/ALE Group, Michl Ebner, Ulpu Iivari, Claudio Martelli, Marco Cappato, Theresa Zabell, Marcelino Oreja Arburúa and Viviane Reding.

The debate closed.

Vote: Minutes of 14.01.2004, Item 4.7

Minutes of 14.01.2004, Item 4.7

25.   Agenda for next sitting

The President referred Members to the document ‘Agenda‧ PE 340.652/OJME.

26.   Closure of sitting

The sitting closed at 00.20.

Julian Priestley

Secretary-General

Gérard Onesta

Vice-President

---

ATTENDANCE REGISTER

The following signed:

Aaltonen, Abitbol, Nuala Ahern, Ainardi, Almeida Garrett, Andersen, Andersson, Andreasen, André-Léonard, Andrews, Aparicio Sánchez, Arvidsson, Atkins, Attwooll, Auroi, Averoff, Avilés Perea, Ayuso González, Bakopoulos, Baltas, Banotti, Barón Crespo, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Belder, Berend, Berenguer Fuster, Berès, van den Berg, Bergaz Conesa, Berger, Berlato, Bernié, Berthu, Bertinotti, Beysen, Bigliardo, Blak, Blokland, Bodrato, Böge, Bösch, von Boetticher, Bonde, Bonino, Boogerd-Quaak, Booth, Bordes, Borghezio, van den Bos, Boudjenah, Boumediene-Thiery, Bourlanges, Bouwman, Bowe, Bowis, Bradbourn, Bremmer, Breyer, Brie, Brok, Brunetta, Buitenweg, Bullmann, Bushill-Matthews, Busk, Butel, Callanan, Calò, Camisón Asensio, Campos, Camre, Cappato, Cardoso, Carlotti, Carnero González, Carraro, Casaca, Caudron, Caullery, Cauquil, Cederschiöld, Celli, Cercas, Cerdeira Morterero, Ceyhun, Chichester, Claeys, Clegg, Cocilovo, Coelho, Cohn-Bendit, Collins, Colom i Naval, Corbett, Corbey, Cornillet, Corrie, Raffaele Costa, Coûteaux, Cox, Crowley, Cushnahan, van Dam, Darras, Daul, Davies, De Clercq, Decourrière, Dehousse, De Keyser, Della Vedova, Deprez, De Rossa, De Sarnez, Descamps, Désir, De Veyrac, Dhaene, Díez González, Di Lello Finuoli, Dillen, Dimitrakopoulos, Di Pietro, Dover, Doyle, Dührkop Dührkop, Duff, Duhamel, Duin, Dupuis, Dybkjær, Ebner, Echerer, El Khadraoui, Elles, Esclopé, Ettl, Jillian Evans, Jonathan Evans, Robert J.E. Evans, Färm, Farage, Fatuzzo, Fava, Ferber, Fernández Martín, Ferrández Lezaun, Ferreira, Ferrer, Ferri, Fiebiger, Figueiredo, Fiori, Fitzsimons, Flautre, Flemming, Flesch, Florenz, Folias, Ford, Formentini, Foster, Fourtou, Frahm, Fraisse, Frassoni, Friedrich, Fruteau, Gahler, Gahrton, Galeote Quecedo, Garaud, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garot, Garriga Polledo, Gasòliba i Böhm, de Gaulle, Gawronski, Gebhardt, Gemelli, Gill, Gillig, Glante, Glase, Gobbo, Goebbels, Goepel, Görlach, Gollnisch, Gomolka, Goodwill, Gorostiaga Atxalandabaso, Gouveia, Graefe zu Baringdorf, Graça Moura, Gröner, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Guy-Quint, Hänsch, Hager, Hannan, Hansenne, Harbour, Hatzidakis, Haug, Hazan, Heaton-Harris, Hedkvist Petersen, Helmer, Hermange, Hernández Mollar, Herranz García, Herzog, Hieronymi, Honeyball, Hortefeux, Howitt, Hudghton, Hughes, Huhne, van Hulten, Hume, Hyland, Iivari, Ilgenfritz, Imbeni, Inglewood, Isler Béguin, Izquierdo Collado, Izquierdo Rojo, Jackson, Jarzembowski, Jean-Pierre, Jeggle, Jensen, Jöns, Jonckheer, Jové Peres, Junker, Karamanou, Karas, Karlsson, Kastler, Katiforis, Kaufmann, Keppelhoff-Wiechert, Keßler, Khanbhai, Kindermann, Glenys Kinnock, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korakas, Korhola, Koukiadis, Koulourianos, Krarup, Kratsa-Tsagaropoulou, Krehl, Kreissl-Dörfler, Krivine, Kronberger, Kuckelkorn, Kuhne, Kuntz, Lage, Lagendijk, Laguiller, Lalumière, Lamassoure, Lambert, Lang, Lange, Langen, Langenhagen, Lannoye, de La Perriere, Laschet, Lavarra, Lechner, Lehne, Leinen, Liese, Linkohr, Lipietz, Lisi, Lombardo, Lucas, Ludford, Lulling, Lund, Lynne, Maat, Maaten, McAvan, McCarthy, McCartin, MacCormick, McKenna, McMillan-Scott, McNally, Maes, Malliori, Malmström, Manders, Manisco, Erika Mann, Thomas Mann, Mantovani, Marchiani, Marinho, Marinos, Markov, Marques, Marset Campos, Martelli, Martens, Hans-Peter Martin, Hugues Martin, Martinez, Martínez Martínez, Mastella, Mastorakis, Mathieu, Matikainen-Kallström, Hans-Peter Mayer, Xaver Mayer, Mayol i Raynal, Medina Ortega, Meijer, Méndez de Vigo, Mendiluce Pereiro, Menéndez del Valle, Menrad, Miguélez Ramos, Miller, Miranda de Lage, Modrow, Mombaur, Monsonís Domingo, Montfort, Moraes, Morgantini, Morillon, Müller, Mulder, Murphy, Muscardini, Musotto, Mussa, Musumeci, Myller, Naïr, Napoletano, Naranjo Escobar, Nassauer, Newton Dunn, Nicholson, Niebler, Nisticò, Nobilia, Nogueira Román, Nordmann, Obiols i Germà, Olsson, Ó Neachtain, Onesta, Oomen-Ruijten, Oreja Arburúa, Ortuondo Larrea, O'Toole, Paasilinna, Pacheco Pereira, Paciotti, Pack, Paisley, Parish, Pasqua, Pastorelli, Patakis, Patrie, Paulsen, Pérez Álvarez, Pérez Royo, Perry, Pesälä, Pex, Piecyk, Piétrasanta, Pirker, Piscarreta, Pisicchio, Pittella, Plooij-van Gorsel, Podestà, Poettering, Pohjamo, Poignant, Poli Bortone, Poos, Posselt, Prets, Procacci, Pronk, Puerta, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Rapkay, Raschhofer, Raymond, Read, Redondo Jiménez, Ribeiro e Castro, Ries, Riis-Jørgensen, Ripoll y Martínez de Bedoya, Rocard, Rod, de Roo, Roth-Behrendt, Rothe, Roure, Rovsing, Rübig, Rühle, Ruffolo, Rutelli, Sacconi, Sacrédeus, Saint-Josse, Sakellariou, Salafranca Sánchez-Neyra, Sandberg-Fries, Sandbæk, Santer, Santini, dos Santos, Sartori, Sauquillo Pérez del Arco, Savary, Sbarbati, Scallon, Scapagnini, Scarbonchi, Schaffner, Scheele, Schierhuber, Schleicher, Gerhard Schmid, Herman Schmid, Olle Schmidt, Schmitt, Schnellhardt, Schörling, Ilka Schröder, Jürgen Schröder, Schroedter, Schulz, Schwaiger, Segni, Seppänen, Simpson, Sjöstedt, Skinner, Smet, Soares, Sörensen, Sommer, Sornosa Martínez, Souchet, Souladakis, Sousa Pinto, Speroni, Stenmarck, Stenzel, Sterckx, Stevenson, Stihler, Stockmann, Stockton, Sturdy, Sudre, Sumberg, Suominen, Swiebel, Swoboda, Sørensen, Tajani, Tannock, Terrón i Cusí, Theato, Theorin, Thomas-Mauro, Thorning-Schmidt, Thors, Titford, Titley, Torres Marques, Trakatellis, Turchi, Turco, Turmes, Twinn, Uca, Vachetta, Väyrynen, Vairinhos, Valdivielso de Cué, Valenciano Martínez-Orozco, Vallvé, Van Hecke, Van Orden, Varaut, Varela Suanzes-Carpegna, van Velzen, Vermeer, de Veyrinas, Vidal-Quadras Roca, Villiers, Vinci, Virrankoski, Vlasto, Voggenhuber, Volcic, Wallis, Walter, Watson, Watts, Wenzel-Perillo, Whitehead, Wiersma, Wijkman, von Wogau, Wuermeling, Wuori, Wurtz, Wyn, Wynn, Zabell, Zacharakis, Zappalà, Zimeray, Zimmerling, Zissener, Zorba, Zrihen

Observers

Bagó, Balla, Bastys,, Beneš, Biela, Bielan, Bonnici, Mihael Brejc, Chronowski, Zbigniew Chrzanowski, Cilevičs, Czinege, Demetriou, Didžiokas,, Ékes, Falbr, Fazakas,, Filipek, Gadzinowski, Galażewski, Gawlowski, Germič, Giertych, Grzebisz-Nowicka, Grzyb, Hegyi, Heriban, Ilves, Jerzy Jaskiernia, Kamiński, Kelemen, Kiršteins, Klich, Klopotek, Klukowski,, Konečná, Kósáné Kovács, Kowalska,, Kriščiūnas, Daniel Kroupa, Kuzmickas, Kvietkauskas, Laar, Lepper, Janusz Lewandowski, Libicki, Lisak, Litwiniec, Lydeka, Lyżwiński, Macierewicz, Maldeikis, Mallotová, Manninger, Matsakis, Mavrou, Palečková, Pasternak, Pęczak, Alojz Peterle, Pieniążek, Plokšto, Podgórski, Pospíšil, Protasiewicz, Janno Reiljan, Rutkowski, Savi, Sefzig, Siekierski, Smoleń, Smorawiński, Surján, Svoboda, Szájer, Szczyglo, Tabajdi,, Tomaka, Tomczak, Vaculík, Vadai, Valys,, Vastagh, Vella, Vėsaitė, Widuch, Wiśniowska, Wittbrodt, Janusz Czeskaw Wojciechowski, Záborská, Żenkiewicz, Žiak

---

ANNEX I

RESULTS OF VOTES

Abbreviations and symbols

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

+

adopted

-

rejected

↓

lapsed

W

withdrawn

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

roll-call vote (for, against, abstentions)

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

electronic vote (for, against, abstentions)

split

split vote

sep

separate vote

am

amendment

CA

compromise amendment

CP

corresponding part

D

deleting amendment

=

identical amendments

§

paragraph

art

article

rec

recital

MOT

motion for a resolution

JT MOT

joint motion for a resolution

SEC

secret ballot

1.   Community plant variety rights *

Report: DAUL (A5-0482/2003)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | RCV | + | 373, 8, 12 |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

RCV

+

373, 8, 12

Requests for roll-call votes

PPE-DE single vote

2.   Controls on fishing for certain highly migratory fish *

Report: MCKENNA (A5-0438/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

3.   Technical conservation measures for certain highly migratory species *

Report: PIÉTRASANTA (A5-0439/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

4.   New narcotic and synthetic drugs *

Report: PIRKER (A5-0483/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

5.   UN convention and protocols against transnational organised crime, smuggling of migrants and trafficking in persons

Report: ROURE (A5-0485/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

6.   Combating ship-source pollution *

Report: DI LELLO FINUOLI (A5-0373/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

7.   Introduction of sanctions for pollution offences ***

Report: PEX (A5-0388/2003)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 1
  3—5
  9
  11—13
  17—21
  23 | committee | | + | |
| amendments by committee responsible — separate votes | 2 | committee | sep | + | |
| 6 | committee | split | | |
| 1/RCV | + | 468, 3, 12 |
| 2/RCV | + | 382, 82, 20 |
| 8 | committee | sep/EV | + | 260, 218, 8 |
| 14 | committee | sep | + | |
| 16 | committee | sep | + | |
| 22 | committee | RCV | + | 392, 71, 33 |
| 24 | committee | sep | + | |
| art 2, §3 | 10 | committee | EV | + | 272, 223, 9 |
| 26 | Verts/ALE | | ↓ | |
| after art 5 | 27 | Verts/ALE | RCV | + | 309, 202, 2 |
| art 6, § 1 | 29 | PSE | | + | |
| 15 | committee | | ↓ | |
| art 6, after § 6 | 28 | Verts/ALE | RCV | - | 247, 263, 3 |
| art 8, point (b) | 30 | PSE | | + | |
| 33 | ELDR | | ↓ | |
| after annex 2 | 34 | ELDR | | ↓ | |
| after recital 1 | 25 | Verts/ALE | | - | |
| after recital 2 | 31 | ELDR | | + | |
| after recital 8 | 32 | ELDR | | + | |
| 7 | committee | | ↓ | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

1

3—5

9

11—13

17—21

23

committee

+

amendments by committee responsible — separate votes

2

committee

sep

+

6

committee

split

1/RCV

+

468, 3, 12

2/RCV

+

382, 82, 20

8

committee

sep/EV

+

260, 218, 8

14

committee

sep

+

16

committee

sep

+

22

committee

RCV

+

392, 71, 33

24

committee

sep

+

art 2, §3

10

committee

EV

+

272, 223, 9

26

Verts/ALE

↓

after art 5

27

Verts/ALE

RCV

+

309, 202, 2

art 6, § 1

29

PSE

+

15

committee

↓

art 6, after § 6

28

Verts/ALE

RCV

-

247, 263, 3

art 8, point (b)

30

PSE

+

33

ELDR

↓

after annex 2

34

ELDR

↓

after recital 1

25

Verts/ALE

-

after recital 2

31

ELDR

+

after recital 8

32

ELDR

+

7

committee

↓

vote: amended proposal

+

vote: legislative resolution

+

Requests for roll-call votes

PPE-DE ams 6, 22

Verts/ALE ams 26, 28

GUE/NGL am 22

Requests for separate vote

PSE ams 8, 14, 24

ELDR ams 2, 16

EDD ams 6, 22

Requests for split votes

PPE-DE

am 6

1st part: up to ‘are identified‧

2nd part: remainder

8.   Transfer of cargo and passenger ships between registers ***

Report: POIGNANT (A5-0413/2003)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — separate votes | 1 | committee | RCV | - | 137, 369, 6 |
| 2 | committee | RCV | - | 44, 458, 5 |
| 3 | committee | | + | |
| text as a whole(block vote) | 4—18 | PSE | | + | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — separate votes

1

committee

RCV

-

137, 369, 6

2

committee

RCV

-

44, 458, 5

3

committee

+

text as a whole(block vote)

4—18

PSE

+

vote: amended proposal

+

vote: legislative resolution

+

Amendment 19 had been cancelled

Requests for separate vote

PPE-DE ams 1, 2

EDD ams 1, 2

PSE ams 1, 2

Requests for roll-call votes

Verts/ALE ams 1, 2

Mrs Foster et al ams 1, 2

9.   Management of nuclear waste *

Report: VIDAL-QUADRAS ROCA (A5-0442/2003)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 1—4
  7
  9—11 | committee | | + | |
| art 1 and up to art 3, § 2 | 16 | Verts/ALE | RCV | + | 308, 201, 6 |
| 17 | Verts/ALE | | - | |
| 18 | Verts/ALE | | - | |
| 19 | Verts/ALE | RCV | + | 310, 186, 20 |
| 20 | Verts/ALE | RCV | - | 134, 373, 10 |
| art 3, § 6 | 5 | committee | | + | |
| 21 | Verts/ALE | | - | |
| art 3, after § 6 | 22 | Verts/ALE | EV | + | 288, 196, 25 |
| art 4, § 3 | 23D | Verts/ALE | | - | |
| 6 | committee | | + | |
| art 4, § 4 | 24D | Verts/ALE | | - | |
| art 4, after § 4 and § 5 | 26 | Verts/ALE | RCV | - | 124, 385, 7 |
| 25D | Verts/ALE | | - | |
| art 4, § 6 | 27 | Verts/ALE | | - | |
| 8 | committee | | + | |
| after art 5 and after annex 1 | 28 | Verts/ALE | | + | |
| 29 | Verts/ALE | | + | |
| rec | 13 | Verts/ALE | RCV | - | 194, 324, 8, |
| 14 | Verts/ALE | | - | |
| 15 | Verts/ALE | | - | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

1—4

7

9—11

committee

+

art 1 and up to art 3, § 2

16

Verts/ALE

RCV

+

308, 201, 6

17

Verts/ALE

-

18

Verts/ALE

-

19

Verts/ALE

RCV

+

310, 186, 20

20

Verts/ALE

RCV

-

134, 373, 10

art 3, § 6

5

committee

+

21

Verts/ALE

-

art 3, after § 6

22

Verts/ALE

EV

+

288, 196, 25

art 4, § 3

23D

Verts/ALE

-

6

committee

+

art 4, § 4

24D

Verts/ALE

-

art 4, after § 4 and § 5

26

Verts/ALE

RCV

-

124, 385, 7

25D

Verts/ALE

-

art 4, § 6

27

Verts/ALE

-

8

committee

+

after art 5 and after annex 1

28

Verts/ALE

+

29

Verts/ALE

+

rec

13

Verts/ALE

RCV

-

194, 324, 8,

14

Verts/ALE

-

15

Verts/ALE

-

vote: amended proposal

+

vote: legislative resolution

+

Amendment 12 had been declared inadmissible pursuant to Rule 63(5)

Requests for roll-call votes

Verts/ALE ams 13, 16, 19, 20, 26

10.   Safety of nuclear installations *

Report: SEPPÄNEN (A5-0441/2003)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 1—3
  6
  8
  10
  16—18
  20—22 | committee | | + | |
| amendments by committee responsible — separate votes | 9 | committee | sep | + | |
| 11 | committee | RCV | + | 335, 182, 5 |
| 12 | committee | split | | |
| 1 | + | |
| 2 | + | |
| | 14—15 | committee | split | | |
| 1 | + | |
| 2 | + | |
| art 1, § 1 | 27 | Verts/ALE | | - | |
| 7 cp | committee | | + | |
| art 1, §2 | 7 cp | committee | | + | |
| art 5 | 28 | Verts/ALE | RCV | + | 299, 210, 12 |
| after art 6 | 29 | Verts/ALE | RCV | + | 275, 240, 2 |
| art 9, § 2 | 30 | Verts/ALE | RCV | + | 299, 212, 11 |
| 13 | committee | | ↓ | |
| art 12, § 1 | 31 | Verts/ALE | | - | |
| 19cp | committee | | + | |
| art 12, § 2 and 3 | 19cp | committee | | + | |
| art 12, § 4 | 32 | Verts/ALE | | - | |
| 19cp | committee | | + | |
| art 12, § 4 and 5 | 19cp | committee | | + | |
| art 12, after § 6 | 19cp | committee | | + | |
| 33 | Verts/ALE | | - | |
| after art 13 | 34 | Verts/ALE | | - | |
| annex, introduction | 23D | committee | | + | |
| 35—41 | Verts/ALE | | ↓ | |
| recital 10 | 4 | committee | | + | |
| 24 | Verts/ALE | EV | - | 222, 285, 3 |
| recital 11 | 5 | committee | | + | |
| 25 | Verts/ALE | EV | - | 198, 313, 7 |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

1—3

6

8

10

16—18

20—22

committee

+

amendments by committee responsible — separate votes

9

committee

sep

+

11

committee

RCV

+

335, 182, 5

12

committee

split

1

+

2

+

14—15

committee

split

1

+

2

+

art 1, § 1

27

Verts/ALE

-

7 cp

committee

+

art 1, §2

7 cp

committee

+

art 5

28

Verts/ALE

RCV

+

299, 210, 12

after art 6

29

Verts/ALE

RCV

+

275, 240, 2

art 9, § 2

30

Verts/ALE

RCV

+

299, 212, 11

13

committee

↓

art 12, § 1

31

Verts/ALE

-

19cp

committee

+

art 12, § 2 and 3

19cp

committee

+

art 12, § 4

32

Verts/ALE

-

19cp

committee

+

art 12, § 4 and 5

19cp

committee

+

art 12, after § 6

19cp

committee

+

33

Verts/ALE

-

after art 13

34

Verts/ALE

-

annex, introduction

23D

committee

+

35—41

Verts/ALE

↓

recital 10

4

committee

+

24

Verts/ALE

EV

-

222, 285, 3

recital 11

5

committee

+

25

Verts/ALE

EV

-

198, 313, 7

vote: amended proposal

+

vote: legislative resolution

+

Amendment 26 had been declared inadmissible pursuant to Rule 63(5)

Requests for roll-call votes

Verts/ALE ams 11, 28, 29, 30

Requests for split votes

PPE-DE

ams 14—15 (merged)

1st part: text as a whole except the words ‘are guaranteed in the event make good any liabilities‧

2nd part: those words

Verts/ALE

am 7

1st part: paragraph 1

2nd part: paragraph 2

am 12

1st part: text as a whole except for the deletion of the word ‘common‧

2nd part: deletion of the word ‘common‧

Requests for separate vote

PPE-DE ams 9, 11

11.   Euratom loans for nuclear power stations *

Report: BREYER (A5-0443/2003)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 3—8
  10—13 | committee | EV | + | 138, 72, 1 |
| amendments by committee responsible — separate votes | 2 | committee | sep | + | |
| art 1, §1 | 9 | committee | | + | |
| 17 | Verts/ALE | RCV | ↓ | |
| art 1, § 1, indents 1 to 3a | 18 | Verts/ALE | EV | - | 85, 172, 7 |
| 19 | Verts/ALE | RCV | - | 71, 235, 11 |
| 20 | Verts/ALE | | - | |
| 21 | Verts/ALE | | - | |
| art 1, § 2 | 22 | Verts/ALE | | - | |
| after recital 2 | 14 | Verts/ALE | | - | |
| rec 6 | 15 | Verts/ALE | EV | - | 121, 246, 7 |
| 1 | committee | | + | |
| after recital 6 | 16 | Verts/ALE | | - | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

3—8

10—13

committee

EV

+

138, 72, 1

amendments by committee responsible — separate votes

2

committee

sep

+

art 1, §1

9

committee

+

17

Verts/ALE

RCV

↓

art 1, § 1, indents 1 to 3a

18

Verts/ALE

EV

-

85, 172, 7

19

Verts/ALE

RCV

-

71, 235, 11

20

Verts/ALE

-

21

Verts/ALE

-

art 1, § 2

22

Verts/ALE

-

after recital 2

14

Verts/ALE

-

rec 6

15

Verts/ALE

EV

-

121, 246, 7

1

committee

+

after recital 6

16

Verts/ALE

-

vote: amended proposal

+

vote: legislative resolution

+

Requests for separate vote

PPE-DE am 2

Requests for roll-call votes

Verts/ALE am 19

12.   Arctic agriculture

Report: PESÄLÄ (A5-0463/2003)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 3 | 1 | PSE | EV | + | 312, 92, 25 |
| vote: resolution (as a whole) | RCV | + | 417, 4, 22 |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 3

1

PSE

EV

+

312, 92, 25

vote: resolution (as a whole)

RCV

+

417, 4, 22

Requests for roll-call votes

PPE-DE final vote

13.   The operating framework for the European Regulatory Agencies

Report: ALMEIDA GARRETT (A5-0471/2003)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 8 | 2 | ELDR | | + | |
| § 17, point (d) | 3 | ELDR | | + | |
| § 17, point (g) | 4 | ELDR | | + | |
| recital E | 1 | ELDR | | + | |
| vote: resolution (as a whole) | | + | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 8

2

ELDR

+

§ 17, point (d)

3

ELDR

+

§ 17, point (g)

4

ELDR

+

recital E

1

ELDR

+

vote: resolution (as a whole)

+

---

ANNEX II

RESULT OF ROLL-CALL VOTES

Daul report A5-0482/2003

Resolution

For: 373

EDD: Abitbol, Bernié, Butel, Coûteaux, Esclopé, Kuntz, Mathieu

ELDR: Andreasen, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, De Clercq, Duff, Flesch, Gasòliba i Böhm, Jensen, Ludford, Lynne, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Pesälä, Pohjamo, Procacci, Riis-Jørgensen, Sbarbati, Sterckx, Sørensen, Väyrynen, Vallvé, Van Hecke, Wallis, Watson

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Bordes, Boudjenah, Brie, Caudron, Di Lello Finuoli, Fiebiger, Figueiredo, Frahm, Jové Peres, Kaufmann, Koulourianos, Krarup, Krivine, Manisco, Markov, Marset Campos, Meijer, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Uca, Vachetta, Vinci, Wurtz

NI: Berthu, Beysen, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, Kronberger, Lang, de La Perriere, Martinez, Souchet

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Banotti, Bayona de Perogordo, Bébéar, Berend, Bodrato, Böge, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Fiori, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, Garriga Polledo, Gawronski, Gemelli, Glase, Goepel, Gomolka, Goodwill, Gouveia, Grossetête, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Inglewood, Jeggle, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Knolle, Lamassoure, Langen, Laschet, Lechner, Lehne, Lisi, Lulling, Maat, Marinos, Martens, Martin Hugues, Matikainen-Kallström, Mayer Hans-Peter, Méndez de Vigo, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Piscarreta, Podestà, Posselt, Rack, Ripoll y Martínez de Bedoya, Rovsing, Rübig, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Schaffner, Schmitt, Schnellhardt, Schwaiger, Smet, Sommer, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, von Wogau, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, Campos, Carlotti, Carnero González, Carraro, Cercas, Colom i Naval, Corbett, Corbey, Darras, Dehousse, De Keyser, De Rossa, Désir, Duhamel, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Gill, Gillig, Görlach, Guy-Quint, Hänsch, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Jöns, Karamanou, Karlsson, Keßler, Kindermann, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lalumière, Lange, Linkohr, Lund, McAvan, McNally, Malliori, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miller, Miranda de Lage, Murphy, Napoletano, Paasilinna, Paciotti, Patrie, Piecyk, Poignant, Poos, Prets, Read, Rocard, Roth-Behrendt, Roure, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Simpson, Soares, Souladakis, Stockmann, Swiebel, Swoboda, Theorin, Titley, Torres Marques, Vairinhos, Valenciano Martínez-Orozco, Volcic, Watts, Whitehead, Wynn, Zorba, Zrihen

UEN: Andrews, Caullery, Hyland, Musumeci, Pasqua, Queiró, Ribeiro e Castro, Segni, Turchi

Verts/ALE: Aaltonen, Ahern, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Celli, Dhaene, Flautre, Graefe zu Baringdorf, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, MacCormick, McKenna, Maes, Mayol i Raynal, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Schroedter, Sörensen, Wuori, Wyn

Against: 8

EDD: Belder, Blokland, Bonde, Booth, van Dam, Farage, Sandbæk, Titford

Abstention: 12

ELDR: Formentini

GUE/NGL: Cauquil, Laguiller, Patakis

NI: Borghezio, Cappato, Della Vedova, Dupuis, Gobbo, Pannella, Speroni, Turco

Pex report A5-0388/2003

Amendment 6, 1st part

For: 468

EDD: Abitbol, Andersen, Belder, Bernié, Blokland, Bonde, Butel, Coûteaux, van Dam, Esclopé, Kuntz, Mathieu, Saint-Josse, Sandbæk

ELDR: André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Calò, Clegg, De Clercq, Duff, Dybkjær, Flesch, Formentini, Gasòliba i Böhm, Ludford, Lynne, Maaten, Malmström, Manders, Martelli, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Sbarbati, Schmidt, Sterckx, Väyrynen, Vallvé, Van Hecke, Wallis, Watson

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Bordes, Boudjenah, Brie, Caudron, Cauquil, Di Lello Finuoli, Fiebiger, Frahm, Fraisse, Jové Peres, Kaufmann, Korakas, Koulourianos, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Naïr, Patakis, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vachetta, Vinci, Wurtz

NI: Berthu, Beysen, Borghezio, Cappato, Claeys, Della Vedova, Dillen, Dupuis, Garaud, de Gaulle, Gobbo, Gollnisch, Gorostiaga Atxalandabaso, Hager, Kronberger, Lang, de La Perriere, Martinez, Pannella, Souchet, Speroni, Turco, Varaut

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Costa Raffaele, Cushnahan, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Fiori, Flemming, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Grönfeldt Bergman, Grossetête, Gutiérrez-Cortines, Hansenne, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Hortefeux, Inglewood, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Knolle, Koch, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Mann Thomas, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Oomen-Ruijten, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Rack, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Rübig, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schwaiger, Smet, Sommer, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, Wijkman, von Wogau, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Campos, Carlotti, Carnero González, Carraro, Casaca, Cercas, Cerdeira Morterero, Colom i Naval, Corbett, Corbey, Darras, Dehousse, De Keyser, De Rossa, Désir, Díez González, Dührkop Dührkop, Duhamel, Duin, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Gill, Gillig, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Keßler, Kindermann, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McNally, Malliori, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Müller, Murphy, Myller, Napoletano, O'Toole, Paasilinna, Paciotti, Patrie, Piecyk, Poignant, Poos, Prets, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Souladakis, Stockmann, Swiebel, Swoboda, Theorin, Titley, Torres Marques, Vairinhos, Valenciano Martínez-Orozco, Volcic, Watts, Whitehead, Wynn, Zorba, Zrihen

UEN: Berlato, Caullery, Marchiani, Mussa, Musumeci, Nobilia, Queiró, Ribeiro e Castro, Segni, Turchi

Verts/ALE: Aaltonen, Ahern, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Celli, Dhaene, Echerer, Evans Jillian, Flautre, Frassoni, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, Lucas, MacCormick, McKenna, Maes, Mayol i Raynal, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schroedter, Sörensen, Voggenhuber, Wuori, Wyn

Against: 3

GUE/NGL: Figueiredo

PPE-DE: Sacrédeus

PSE: Mann Erika

Abstention: 12

EDD: Booth, Farage, Titford

ELDR: Andreasen, Busk, Jensen, Riis-Jørgensen, Sørensen

GUE/NGL: Krarup

UEN: Andrews, Fitzsimons, Hyland

Pex report A5-0388/2003

Amendment 6, 2nd part

For: 382

ELDR: André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Clegg, De Clercq, Duff, Dybkjær, Flesch, Formentini, Gasòliba i Böhm, Ludford, Lynne, Maaten, Malmström, Manders, Martelli, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Plooij-van Gorsel, Procacci, Sbarbati, Schmidt, Sterckx, Vallvé, Van Hecke, Wallis, Watson

GUE/NGL: Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Bordes, Brie, Caudron, Cauquil, Di Lello Finuoli, Fiebiger, Fraisse, Jové Peres, Kaufmann, Koulourianos, Krivine, Laguiller, Manisco, Marset Campos, Meijer, Modrow, Morgantini, Naïr, Puerta, Scarbonchi, Schröder Ilka, Uca, Vachetta, Vinci

NI: Beysen, Borghezio, Cappato, Della Vedova, Dupuis, Gobbo, Hager, Kronberger, Pannella, Speroni, Turco

PPE-DE: Almeida Garrett, Averoff, Avilés Perea, Ayuso González, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Bébéar, Berend, Bodrato, Böge, Bourlanges, Bremmer, Brok, Camisón Asensio, Cardoso, Cocilovo, Coelho, Cornillet, Costa Raffaele, Cushnahan, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Ebner, Fatuzzo, Ferber, Fernández Martín, Ferrer, Fiori, Flemming, Florenz, Folias, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Grossetête, Gutiérrez-Cortines, Hansenne, Hermange, Hernández Mollar, Herranz García, Hieronymi, Hortefeux, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Klamt, Knolle, Koch, Lamassoure, Langen, Langenhagen, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Marinos, Marques, Martens, Martin Hugues, Mastella, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Menrad, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Niebler, Oomen-Ruijten, Pacheco Pereira, Pack, Pastorelli, Pérez Álvarez, Pex, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Rack, Radwan, Ripoll y Martínez de Bedoya, Rovsing, Rübig, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schwaiger, Smet, Sommer, Stenzel, Stockton, Sudre, Tajani, Theato, Thyssen, Trakatellis, Valdivielso de Cué, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Vlasto, Wenzel-Perillo, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, Campos, Carlotti, Carnero González, Carraro, Casaca, Cercas, Cerdeira Morterero, Colom i Naval, Corbett, Corbey, Darras, Dehousse, De Keyser, Désir, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Gill, Gillig, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Keßler, Kindermann, Kinnock, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McNally, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Müller, Murphy, Myller, Napoletano, O'Toole, Paasilinna, Paciotti, Patrie, Piecyk, Poignant, Poos, Prets, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Roure, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Soares, Souladakis, Stockmann, Swoboda, Thorning-Schmidt, Titley, Torres Marques, Vairinhos, Valenciano Martínez-Orozco, Volcic, Watts, Whitehead, Wynn, Zorba, Zrihen

UEN: Segni

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Celli, Dhaene, Echerer, Evans Jillian, Flautre, Frassoni, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, Lucas, MacCormick, McKenna, Maes, Mayol i Raynal, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schroedter, Sörensen, Voggenhuber, Wuori, Wyn

Against: 82

EDD: Abitbol, Andersen, Belder, Bernié, Blokland, Bonde, Booth, Butel, Coûteaux, van Dam, Esclopé, Farage, Kuntz, Mathieu, Saint-Josse, Sandbæk, Titford

ELDR: Pesälä, Pohjamo, Väyrynen

GUE/NGL: Figueiredo, Frahm, Korakas, Krarup, Patakis, Schmid Herman, Seppänen, Sjöstedt

NI: Berthu, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Lang, de La Perriere, Martinez, Souchet, Varaut

PPE-DE: Arvidsson, Atkins, Balfe, Beazley, Bowis, Bradbourn, Bushill-Matthews, Callanan, Cederschiöld, Chichester, Corrie, Dover, Elles, Evans Jonathan, Foster, Goodwill, Grönfeldt Bergman, Harbour, Heaton-Harris, Helmer, Inglewood, Khanbhai, Kirkhope, Matikainen-Kallström, Nicholson, Parish, Perry, Purvis, Sacrédeus, Scallon, Stenmarck, Stevenson, Sturdy, Sumberg, Suominen, Tannock, Twinn, Van Orden, Villiers

UEN: Caullery, Collins, Marchiani, Pasqua

Abstention: 20

ELDR: Andreasen, Busk, Calò, Jensen, Riis-Jørgensen, Sørensen

GUE/NGL: Ainardi, Boudjenah, Markov, Wurtz

UEN: Andrews, Berlato, Fitzsimons, Hyland, Mussa, Musumeci, Nobilia, Queiró, Ribeiro e Castro, Turchi

Pex report A5-0388/2003

Amendment 22

For: 392

EDD: Andersen, Bonde, Sandbæk

ELDR: André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Calò, Clegg, De Clercq, Duff, Dybkjær, Flesch, Formentini, Gasòliba i Böhm, Ludford, Lynne, Maaten, Malmström, Manders, Martelli, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Plooij-van Gorsel, Ries, Sbarbati, Schmidt, Sterckx, Vallvé, Van Hecke, Wallis

GUE/NGL: Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Bordes, Brie, Caudron, Cauquil, Di Lello Finuoli, Fiebiger, Fraisse, Jové Peres, Kaufmann, Koulourianos, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Naïr, Puerta, Scarbonchi, Schröder Ilka, Uca, Vachetta, Vinci

NI: Beysen, Borghezio, Cappato, Della Vedova, Dupuis, Gobbo, Gorostiaga Atxalandabaso, Hager, Kronberger, Pannella, Speroni, Turco

PPE-DE: Almeida Garrett, Arvidsson, Averoff, Avilés Perea, Ayuso González, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Bébéar, Berend, Bodrato, Böge, Bourlanges, Bremmer, Brok, Camisón Asensio, Cardoso, Cocilovo, Coelho, Cornillet, Costa Raffaele, Cushnahan, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doyle, Ebner, Fatuzzo, Ferber, Fernández Martín, Ferrer, Fiori, Flemming, Florenz, Folias, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Grossetête, Gutiérrez-Cortines, Hansenne, Hatzidakis, Hermange, Hernández Mollar, Herranz García, Hieronymi, Hortefeux, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Klamt, Knolle, Koch, Konrad, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Mann Thomas, Marinos, Marques, Martens, Martin Hugues, Mastella, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Niebler, Oomen-Ruijten, Pacheco Pereira, Pack, Pastorelli, Pérez Álvarez, Pex, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Quisthoudt-Rowohl, Rack, Radwan, Ripoll y Martínez de Bedoya, Rovsing, Rübig, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schwaiger, Smet, Sommer, Stenzel, Stockton, Sudre, Tajani, Theato, Thyssen, Trakatellis, Valdivielso de Cué, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Vlasto, Wenzel-Perillo, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Aparicio Sánchez, Baltas, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, Campos, Carlotti, Carnero González, Carraro, Casaca, Cercas, Cerdeira Morterero, Colom i Naval, Corbett, Corbey, Darras, De Keyser, De Rossa, Désir, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Gill, Gillig, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McNally, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Müller, Murphy, Myller, Napoletano, O'Toole, Paasilinna, Paciotti, Patrie, Piecyk, Poignant, Poos, Prets, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Roure, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Simpson, Soares, Souladakis, Stockmann, Swiebel, Swoboda, Torres Marques, Vairinhos, Valenciano Martínez-Orozco, Volcic, Walter, Whitehead, Wynn, Zorba, Zrihen

UEN: Segni

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Bouwman, Breyer, Celli, Dhaene, Echerer, Evans Jillian, Flautre, Frassoni, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, Lucas, MacCormick, McKenna, Maes, Mayol i Raynal, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Voggenhuber, Wuori, Wyn

Against: 71

EDD: Abitbol, Belder, Blokland, Booth, Coûteaux, van Dam, Farage, Kuntz, Titford

ELDR: Pesälä, Pohjamo, Väyrynen

GUE/NGL: Figueiredo, Frahm, Krarup, Schmid Herman, Seppänen, Sjöstedt

NI: Berthu, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Lang, de La Perriere, Martinez, Souchet, Varaut

PPE-DE: Atkins, Balfe, Beazley, Bowis, Bradbourn, Bushill-Matthews, Callanan, Cederschiöld, Chichester, Corrie, Dover, Elles, Evans Jonathan, Foster, Goodwill, Grönfeldt Bergman, Harbour, Heaton-Harris, Helmer, Inglewood, Khanbhai, Kirkhope, Matikainen-Kallström, Nicholson, Parish, Perry, Purvis, Redondo Jiménez, Sacrédeus, Scallon, Stenmarck, Stevenson, Sturdy, Sumberg, Suominen, Tannock, Twinn, Van Orden, Villiers

UEN: Caullery, Marchiani, Pasqua

Abstention: 33

EDD: Bernié, Butel, Esclopé, Mathieu, Saint-Josse

ELDR: Andreasen, Busk, Jensen, Riis-Jørgensen, Sørensen

GUE/NGL: Ainardi, Boudjenah, Korakas, Patakis, Wurtz

PSE: Andersson, Dehousse, Färm, Hedkvist Petersen, Sandberg-Fries, Skinner, Theorin, Thorning-Schmidt

UEN: Berlato, Collins, Fitzsimons, Hyland, Mussa, Musumeci, Nobilia, Queiró, Ribeiro e Castro, Turchi

Pex report A5-0388/2003

Amendment 27

For: 309

EDD: Andersen, Belder, Bernié, Blokland, Bonde, Butel, van Dam, Esclopé, Mathieu, Saint-Josse, Sandbæk

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, De Clercq, Duff, Dybkjær, Flesch, Formentini, Gasòliba i Böhm, Jensen, Ludford, Lynne, Maaten, Manders, Martelli, Monsonís Domingo, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sbarbati, Schmidt, Sterckx, Sørensen, Väyrynen, Vallvé, Van Hecke, Wallis, Watson

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Bordes, Boudjenah, Brie, Caudron, Cauquil, Di Lello Finuoli, Fiebiger, Figueiredo, Frahm, Fraisse, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Naïr, Patakis, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vachetta, Vinci, Wurtz

NI: Borghezio, Gobbo, Gorostiaga Atxalandabaso, Kronberger, Speroni

PPE-DE: Bébéar, Bourlanges, Bremmer, Cornillet, Deprez, Descamps, De Veyrac, Ebner, Fatuzzo, Florenz, Fourtou, Gil-Robles Gil-Delgado, Grossetête, Hermange, Lamassoure, Lehne, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Méndez de Vigo, Montfort, Podestà, Pomés Ruiz, Pronk, Sacrédeus, Schaffner, Sudre, Thyssen, Varela Suanzes-Carpegna, de Veyrinas, Vlasto

PSE: Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, Campos, Carlotti, Carnero González, Carraro, Casaca, Cercas, Cerdeira Morterero, Ceyhun, Colom i Naval, Corbett, Corbey, Darras, Dehousse, De Keyser, De Rossa, Désir, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Gill, Gillig, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McNally, Malliori, Mann Erika, Marinho, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Müller, Murphy, Myller, Napoletano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Poignant, Poos, Prets, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Souladakis, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Vairinhos, Valenciano Martínez-Orozco, Volcic, Walter, Watts, Whitehead, Wynn, Zimeray, Zorba, Zrihen

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Celli, Dhaene, Echerer, Evans Jillian, Flautre, Frassoni, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, Lucas, MacCormick, McKenna, Maes, Mayol i Raynal, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Voggenhuber, Wuori, Wyn

Against: 202

EDD: Abitbol, Booth, Coûteaux, Farage, Kuntz, Titford

ELDR: Malmström, Mulder

NI: Berthu, Beysen, Bonino, Cappato, Claeys, Della Vedova, Dillen, Dupuis, Garaud, de Gaulle, Hager, Lang, de La Perriere, Martinez, Pannella, Souchet, Turco, Varaut

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, Bowis, Bradbourn, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Corrie, Costa Raffaele, Cushnahan, Daul, De Sarnez, Dimitrakopoulos, Dover, Doyle, Elles, Evans Jonathan, Ferber, Fernández Martín, Ferrer, Fiori, Flemming, Folias, Foster, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Glase, Goepel, Gomolka, Goodwill, Gouveia, Grönfeldt Bergman, Gutiérrez-Cortines, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hernández Mollar, Herranz García, Hieronymi, Hortefeux, Inglewood, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Langen, Langenhagen, Laschet, Lechner, Liese, Lisi, Lulling, Maat, McCartin, Mann Thomas, Marinos, Marques, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Oomen-Ruijten, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Poettering, Posselt, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Rübig, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schwaiger, Smet, Sommer, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sumberg, Suominen, Tajani, Tannock, Theato, Trakatellis, Twinn, Valdivielso de Cué, Van Orden, van Velzen, Vidal-Quadras Roca, Villiers, Wenzel-Perillo, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

UEN: Berlato, Caullery, Collins, Fitzsimons, Hyland, Marchiani, Mussa, Musumeci, Nobilia, Pasqua, Poli Bortone, Queiró, Ribeiro e Castro, Segni, Turchi

Abstention: 2

NI: Gollnisch

PPE-DE: Scallon

Pex report A5-0388/2003

Amendment 28

For: 247

EDD: Andersen, Belder, Bernié, Blokland, Bonde, Butel, van Dam, Esclopé, Mathieu, Saint-Josse, Sandbæk

ELDR: Boogerd-Quaak

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Bordes, Boudjenah, Brie, Caudron, Cauquil, Di Lello Finuoli, Fiebiger, Figueiredo, Frahm, Fraisse, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Naïr, Patakis, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vachetta, Vinci, Wurtz

NI: Claeys, Dillen, de Gaulle, Gollnisch, Gorostiaga Atxalandabaso, Kronberger, Lang, Martinez

PPE-DE: Arvidsson, Bremmer, Gargani, Montfort, Sacrédeus, Sumberg

PSE: Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, Campos, Carlotti, Carnero González, Carraro, Casaca, Cercas, Cerdeira Morterero, Ceyhun, Colom i Naval, Corbett, Corbey, Darras, De Keyser, De Rossa, Désir, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Gill, Gillig, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McNally, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Müller, Murphy, Myller, Napoletano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Poignant, Poos, Prets, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Souladakis, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Vairinhos, Valenciano Martínez-Orozco, Volcic, Walter, Watts, Whitehead, Wynn, Zimeray, Zorba, Zrihen

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Celli, Dhaene, Echerer, Evans Jillian, Flautre, Frassoni, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, Lucas, MacCormick, McKenna, Maes, Mayol i Raynal, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Voggenhuber, Wuori, Wyn

Against: 263

EDD: Abitbol, Booth, Coûteaux, Farage, Kuntz, Titford

ELDR: Andreasen, André-Léonard, Attwooll, van den Bos, Busk, Calò, Clegg, De Clercq, Duff, Flesch, Formentini, Gasòliba i Böhm, Jensen, Ludford, Lynne, Maaten, Malmström, Manders, Martelli, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sbarbati, Schmidt, Sterckx, Sørensen, Väyrynen, Vallvé, Van Hecke, Wallis, Watson

NI: Berthu, Beysen, Bonino, Borghezio, Cappato, Della Vedova, Dupuis, Gobbo, Hager, de La Perriere, Pannella, Souchet, Speroni, Turco, Varaut

PPE-DE: Almeida Garrett, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, Bourlanges, Bowis, Bradbourn, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Costa Raffaele, Cushnahan, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Fiori, Flemming, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Grönfeldt Bergman, Grossetête, Gutiérrez-Cortines, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Hortefeux, Inglewood, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Mann Thomas, Marinos, Marques, Martin Hugues, Mastella, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Oomen-Ruijten, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Rübig, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schwaiger, Smet, Sommer, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Valdivielso de Cué, Van Orden, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Dehousse

UEN: Andrews, Berlato, Caullery, Collins, Fitzsimons, Hyland, Marchiani, Mussa, Musumeci, Nobilia, Pasqua, Poli Bortone, Queiró, Ribeiro e Castro, Segni, Turchi

Abstention: 3

ELDR: Dybkjær

PPE-DE: Scallon, Varela Suanzes-Carpegna

Poignant report A5-0413/2003

Amendment 1

For: 137

EDD: Kuntz

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, De Clercq, Duff, Dybkjær, Flesch, Formentini, Gasòliba i Böhm, Jensen, Lynne, Maaten, Malmström, Manders, Martelli, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sbarbati, Schmidt, Sterckx, Sørensen, Väyrynen, Vallvé, Van Hecke, Wallis, Watson

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Bertinotti, Boudjenah, Brie, Caudron, Di Lello Finuoli, Fiebiger, Fraisse, Jové Peres, Kaufmann, Koulourianos, Krivine, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Naïr, Puerta, Scarbonchi, Schröder Ilka, Uca, Vachetta, Vinci, Wurtz

NI: Berthu, Borghezio, Gobbo, Gorostiaga Atxalandabaso, Hager, Kronberger, de La Perriere, Souchet, Speroni

PPE-DE: Cocilovo, Varela Suanzes-Carpegna

PSE: Dehousse, Marinho, Müller, Napoletano, Sousa Pinto

UEN: Andrews, Berlato, Caullery, Collins, Fitzsimons, Hyland, Marchiani, Mussa, Musumeci, Nobilia, Pasqua, Poli Bortone, Queiró, Ribeiro e Castro, Segni, Turchi

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Celli, Dhaene, Echerer, Flautre, Frassoni, Graefe zu Baringdorf, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, Lucas, McKenna, Maes, Mayol i Raynal, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Voggenhuber, Wuori, Wyn

Against: 369

EDD: Abitbol, Andersen, Belder, Bernié, Blokland, Bonde, Booth, Butel, Esclopé, Farage, Mathieu, Saint-Josse, Sandbæk, Titford

GUE/NGL: Blak, Figueiredo, Frahm, Krarup, Schmid Herman, Seppänen, Sjöstedt

NI: Beysen, Bonino, Cappato, Claeys, Della Vedova, Dillen, Dupuis, Garaud, de Gaulle, Gollnisch, Lang, Martinez, Pannella, Turco

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Coelho, Cornillet, Corrie, Costa Raffaele, Cushnahan, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Fiori, Flemming, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Grönfeldt Bergman, Grossetête, Gutiérrez-Cortines, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Hortefeux, Inglewood, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Mann Thomas, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Oomen-Ruijten, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schwaiger, Smet, Sommer, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Valdivielso de Cué, Van Orden, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Campos, Carlotti, Carnero González, Carraro, Casaca, Cercas, Cerdeira Morterero, Ceyhun, Colom i Naval, Corbett, Corbey, Darras, De Keyser, De Rossa, Désir, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Gill, Gillig, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McNally, Malliori, Mann Erika, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Murphy, Myller, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Poignant, Poos, Prets, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Souladakis, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Vairinhos, Valenciano Martínez-Orozco, Volcic, Walter, Watts, Whitehead, Wynn, Zimeray, Zorba, Zrihen

Verts/ALE: Evans Jillian, Gahrton, Hudghton, MacCormick

Abstention: 6

EDD: Coûteaux

GUE/NGL: Bordes, Cauquil, Korakas, Laguiller, Patakis

Poignant report A5-0413/2003

Amendment 2

For: 44

EDD: Coûteaux

ELDR: Boogerd-Quaak, van den Bos

GUE/NGL: Bertinotti, Fraisse

NI: Gobbo, Hager, Speroni

PPE-DE: Cocilovo, Varela Suanzes-Carpegna

PSE: Dehousse

Verts/ALE: Ahern, Auroi, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Celli, Dhaene, Flautre, Frassoni, Graefe zu Baringdorf, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, Lucas, McKenna, Maes, Mayol i Raynal, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Voggenhuber, Wuori, Wyn

Against: 458

EDD: Abitbol, Andersen, Belder, Bernié, Blokland, Booth, Butel, van Dam, Esclopé, Farage, Kuntz, Mathieu, Saint-Josse, Sandbæk, Titford

ELDR: Andreasen, André-Léonard, Attwooll, Busk, Calò, Clegg, De Clercq, Duff, Flesch, Formentini, Gasòliba i Böhm, Jensen, Ludford, Lynne, Maaten, Malmström, Manders, Martelli, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sbarbati, Schmidt, Sterckx, Sørensen, Väyrynen, Vallvé, Van Hecke, Wallis, Watson

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Fiebiger, Figueiredo, Frahm, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Naïr, Patakis, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vachetta, Vinci, Wurtz

NI: Berthu, Beysen, Bonino, Cappato, Claeys, Della Vedova, Dillen, Dupuis, Garaud, de Gaulle, Gollnisch, Gorostiaga Atxalandabaso, Lang, de La Perriere, Martinez, Pannella, Souchet, Turco, Varaut

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Coelho, Cornillet, Corrie, Costa Raffaele, Cushnahan, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Fiori, Flemming, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Grönfeldt Bergman, Grossetête, Gutiérrez-Cortines, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Hortefeux, Inglewood, Jarzembowski, Jeggle, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, Mann Thomas, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Oomen-Ruijten, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schwaiger, Smet, Sommer, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Valdivielso de Cué, Van Orden, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Campos, Carlotti, Carnero González, Carraro, Casaca, Cercas, Cerdeira Morterero, Ceyhun, Colom i Naval, Corbett, Corbey, Darras, De Keyser, De Rossa, Désir, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Gill, Gillig, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McNally, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Müller, Murphy, Myller, Napoletano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Poignant, Poos, Prets, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Souladakis, Sousa Pinto, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Torres Marques, Vairinhos, Valenciano Martínez-Orozco, Volcic, Walter, Watts, Whitehead, Wynn, Zimeray, Zorba, Zrihen

UEN: Andrews, Berlato, Caullery, Collins, Fitzsimons, Hyland, Marchiani, Mussa, Musumeci, Nobilia, Pasqua, Poli Bortone, Queiró, Ribeiro e Castro, Segni, Turchi

Verts/ALE: Evans Jillian, Gahrton, Hudghton, MacCormick

Abstention: 5

ELDR: Dybkjær

GUE/NGL: Bordes, Cauquil, Laguiller

NI: Kronberger

Vidal-Quadras Roca report A5-0442/2003

Amendment 16

For: 308

EDD: Andersen, Bernié, Bonde, Butel, Esclopé, Mathieu, Saint-Josse, Sandbæk

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, De Clercq, Duff, Dybkjær, Flesch, Formentini, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Malmström, Manders, Martelli, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Plooijvan Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sbarbati, Schmidt, Sterckx, Sørensen, Väyrynen, Vallvé, Van Hecke, Wallis, Watson

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Bordes, Boudjenah, Brie, Caudron, Cauquil, Di Lello Finuoli, Fiebiger, Figueiredo, Fraisse, Jové Peres, Kaufmann, Koulourianos, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Naïr, Puerta, Scarbonchi, Schröder Ilka, Uca, Vachetta, Vinci, Wurtz

NI: Bonino, Borghezio, Cappato, Claeys, Della Vedova, Dillen, Dupuis, Garaud, de Gaulle, Gobbo, Gollnisch, Gorostiaga Atxalandabaso, Hager, Kronberger, Lang, Martinez, Pannella, Speroni, Turco

PPE-DE: Banotti, Costa Raffaele, Cushnahan, Doyle, Ebner, Flemming, Hermange, Karas, Maat, Méndez de Vigo, Pirker, Rack, Rübig, Schierhuber, Stenzel, Wijkman

PSE: Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, Campos, Carlotti, Carnero González, Carraro, Casaca, Cercas, Cerdeira Morterero, Ceyhun, Colom i Naval, Corbett, Corbey, Darras, Dehousse, De Keyser, De Rossa, Désir, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Gill, Gillig, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Lund, McAvan, McNally, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Poignant, Poos, Prets, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stockmann, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Vairinhos, Valenciano Martínez-Orozco, Volcic, Walter, Watts, Whitehead, Wynn, Zimeray, Zorba, Zrihen

UEN: Andrews, Berlato, Collins, Fitzsimons, Hyland, Queiró

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Celli, Dhaene, Echerer, Evans Jillian, Flautre, Frassoni, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lucas, MacCormick, McKenna, Maes, Mayol i Raynal, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Voggenhuber, Wuori, Wyn

Against: 201

EDD: Abitbol, Belder, Blokland, Coûteaux, van Dam, Kuntz

GUE/NGL: Frahm, Krarup, Schmid Herman, Seppänen, Sjöstedt

NI: Berthu, Beysen, de La Perriere, Souchet, Varaut

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Coelho, Cornillet, Corrie, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Dover, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Fiori, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Grönfeldt Bergman, Grossetête, Gutiérrez-Cortines, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hernández Mollar, Herranz García, Hieronymi, Hortefeux, Inglewood, Jeggle, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, McCartin, Mann Thomas, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Oomen-Ruijten, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Schaffner, Schleicher, Schmitt, Schnellhardt, Schwaiger, Smet, Sommer, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Wiersma

UEN: Caullery, Marchiani, Mussa, Musumeci, Nobilia, Pasqua, Poli Bortone, Ribeiro e Castro, Segni, Turchi

Abstention: 6

EDD: Booth, Farage, Titford

GUE/NGL: Korakas, Patakis

PPE-DE: Cocilovo

Vidal-Quadras Roca report A5-0442/2003

Amendment 19

For: 310

EDD: Andersen, Bernié, Bonde, Butel, Esclopé, Mathieu, Saint-Josse, Sandbæk

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, De Clercq, Duff, Dybkjær, Flesch, Formentini, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Malmström, Manders, Martelli, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Plooijvan Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sbarbati, Schmidt, Sterckx, Sørensen, Väyrynen, Vallvé, Van Hecke, Wallis, Watson

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Bordes, Boudjenah, Brie, Caudron, Cauquil, Di Lello Finuoli, Fiebiger, Figueiredo, Frahm, Fraisse, Jové Peres, Kaufmann, Korakas, Koulourianos, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Naïr, Patakis, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vachetta, Vinci, Wurtz

NI: Bonino, Borghezio, Cappato, Della Vedova, Dupuis, Gobbo, Gorostiaga Atxalandabaso, Hager, Kronberger, Pannella, Speroni, Turco

PPE-DE: Banotti, Cocilovo, Costa Raffaele, Cushnahan, Doyle, Ebner, Flemming, Hieronymi, Karas, McCartin, Pirker, Rack, Rübig, Santer, Schierhuber, Stenzel, Trakatellis

PSE: Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, Campos, Carlotti, Carnero González, Carraro, Casaca, Cercas, Cerdeira Morterero, Ceyhun, Colom i Naval, Corbett, Corbey, Darras, De Keyser, De Rossa, Désir, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Gill, Gillig, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McNally, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Poignant, Poos, Prets, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stockmann, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Vairinhos, Valenciano Martínez-Orozco, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba, Zrihen

UEN: Andrews, Collins, Hyland, Queiró, Ribeiro e Castro

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Celli, Dhaene, Echerer, Evans Jillian, Flautre, Frassoni, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, Lucas, MacCormick, McKenna, Maes, Mayol i Raynal, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Voggenhuber, Wuori, Wyn

Against: 186

EDD: Belder, Blokland, van Dam

NI: Beysen, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Lang, de La Perriere, Martinez, Varaut

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Coelho, Cornillet, Corrie, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Dover, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Fiori, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Grönfeldt Bergman, Grossetête, Gutiérrez-Cortines, Hansenne, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hortefeux, Inglewood, Jarzembowski, Jeggle, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, Mann Thomas, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Menrad, Mombaur, Montfort, Morillon, Musotto, Nassauer, Nicholson, Niebler, Oomen-Ruijten, Pacheco Pereira, Pack, Parish, Pérez Álvarez, Perry, Pex, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Sacrédeus, Salafranca Sánchez-Neyra, Santini, Sartori, Scallon, Schaffner, Schleicher, Schmitt, Schnellhardt, Schwaiger, Smet, Sommer, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Twinn, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

Abstention: 20

EDD: Abitbol, Booth, Farage, Kuntz, Titford

GUE/NGL: Krarup

NI: Berthu, Souchet

PSE: Dehousse

UEN: Berlato, Caullery, Marchiani, Mussa, Musumeci, Nobilia, Pasqua, Poli Bortone, Segni, Thomas-Mauro, Turchi

Vidal-Quadras Roca report A5-0442/2003

Amendment 20

For: 134

EDD: Andersen, Bonde, Sandbæk

ELDR: Boogerd-Quaak, van den Bos, Lynne

GUE/NGL: Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Brie, Di Lello Finuoli, Fiebiger, Frahm, Fraisse, Jové Peres, Kaufmann, Korakas, Koulourianos, Krivine, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Patakis, Puerta, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vachetta, Vinci

NI: Bonino, Cappato, Della Vedova, Dupuis, Hager, Kronberger, Pannella, Turco

PPE-DE: Banotti, Costa Raffaele, Cushnahan, Doyle, Ebner, Flemming, Karas, Pirker, Rack, Rübig, Santer, Schierhuber, Stenzel, Wijkman

PSE: van den Berg, Berger, Bösch, De Keyser, Duin, El Khadraoui, Ettl, Haug, Hedkvist Petersen, Hume, Izquierdo Rojo, Karlsson, Kinnock, Lange, Leinen, Lund, Marinho, Martin Hans-Peter, Mendiluce Pereiro, Müller, Myller, Pérez Royo, Prets, Rapkay, Roth-Behrendt, Sandberg-Fries, Scheele, Swiebel, Swoboda, Theorin, Valenciano Martínez-Orozco, Weiler, Wiersma

UEN: Andrews, Collins, Fitzsimons, Hyland, Ribeiro e Castro

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Celli, Dhaene, Echerer, Evans Jillian, Flautre, Frassoni, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, Lucas, MacCormick, McKenna, Maes, Mayol i Raynal, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Voggenhuber, Wuori, Wyn

Against: 373

EDD: Abitbol, Belder, Bernié, Blokland, Butel, van Dam, Esclopé, Kuntz, Mathieu, Saint-Josse

ELDR: Andreasen, André-Léonard, Attwooll, Busk, Calò, Clegg, De Clercq, Duff, Flesch, Formentini, Gasòliba i Böhm, Huhne, Jensen, Ludford, Maaten, Malmström, Manders, Martelli, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sbarbati, Schmidt, Sterckx, Sørensen, Väyrynen, Vallvé, Van Hecke, Wallis, Watson

GUE/NGL: Ainardi, Bordes, Boudjenah, Caudron, Cauquil, Figueiredo, Laguiller, Naïr, Scarbonchi, Wurtz

NI: Berthu, Beysen, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Gorostiaga Atxalandabaso, Lang, de La Perriere, Martinez, Souchet

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Dover, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Fiori, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Grönfeldt Bergman, Grossetête, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Hortefeux, Inglewood, Jarzembowski, Jeggle, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Mann Thomas, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Oomen-Ruijten, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Radwan, Ripoll y Martínez de Bedoya, Rovsing, Sacrédeus, Salafranca Sánchez-Neyra, Santini, Sartori, Scallon, Schaffner, Schleicher, Schmitt, Schnellhardt, Schwaiger, Smet, Sommer, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, Bowe, Campos, Carlotti, Carnero González, Carraro, Casaca, Cercas, Cerdeira Morterero, Ceyhun, Colom i Naval, Corbett, Corbey, Darras, Dehousse, De Rossa, Désir, Díez González, Dührkop Dührkop, Duhamel, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gill, Gillig, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Hazan, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Jöns, Junker, Karamanou, Katiforis, Keßler, Kindermann, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Linkohr, McAvan, McNally, Malliori, Mann Erika, Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Murphy, Napoletano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Patrie, Piecyk, Poignant, Poos, Read, Rocard, Rothe, Roure, Sacconi, Sakellariou, Sauquillo Pérez del Arco, Savary, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stockmann, Terrón i Cusí, Thorning-Schmidt, Titley, Torres Marques, Vairinhos, Volcic, Walter, Watts, Whitehead, Wynn, Zimeray, Zorba

UEN: Berlato, Caullery, Marchiani, Mussa, Nobilia, Pasqua, Poli Bortone, Queiró, Segni, Thomas-Mauro, Turchi

Abstention: 10

EDD: Booth, Farage, Titford

ELDR: Dybkjær

GUE/NGL: Krarup

NI: Borghezio, Gobbo, Speroni

PSE: Zrihen

UEN: Musumeci

Vidal-Quadras Roca report A5-0442/2003

Amendment 26

For: 124

EDD: Andersen, Bernié, Bonde, Butel, Esclopé, Mathieu, Saint-Josse, Sandbæk

ELDR: Boogerd-Quaak, Dybkjær, Lynne

GUE/NGL: Bordes, Cauquil, Fraisse, Krivine, Laguiller, Meijer, Vachetta

NI: Bonino, Cappato, Della Vedova, Dupuis, Hager, Kronberger, Pannella, Turco

PPE-DE: Banotti, Costa Raffaele, Cushnahan, Doyle, Ebner, Flemming, Hernández Mollar, Karas, Pirker, Rack, Rübig, Santer, Scallon, Schierhuber, Stenzel

PSE: Andersson, Aparicio Sánchez, Berger, Bösch, Bullmann, Casaca, Cercas, Ceyhun, Corbett, Corbey, Duin, El Khadraoui, Ettl, Färm, Gebhardt, Görlach, Gröner, Haug, Hedkvist Petersen, Hume, Junker, Lange, Lund, Martin Hans-Peter, Mendiluce Pereiro, Müller, Myller, Pérez Royo, Prets, Roth-Behrendt, Roure, Sandberg-Fries, Scheele, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Valenciano Martínez-Orozco, Weiler

UEN: Collins, Fitzsimons, Hyland, Queiró, Ribeiro e Castro

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Celli, Dhaene, Echerer, Evans Jillian, Flautre, Frassoni, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, Lucas, MacCormick, McKenna, Maes, Mayol i Raynal, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Voggenhuber, Wuori, Wyn

Against: 385

EDD: Abitbol, Belder, Blokland, Booth, Coûteaux, van Dam, Farage, Kuntz, Titford

ELDR: Andreasen, André-Léonard, Attwooll, Busk, Calò, Clegg, De Clercq, Duff, Flesch, Formentini, Gasòliba i Böhm, Huhne, Jensen, Ludford, Maaten, Malmström, Manders, Martelli, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sbarbati, Schmidt, Sterckx, Sørensen, Väyrynen, Vallvé, Van Hecke, Wallis, Watson

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Fiebiger, Figueiredo, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Manisco, Markov, Marset Campos, Modrow, Morgantini, Naïr, Patakis, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vinci, Wurtz

NI: Berthu, Beysen, Claeys, Dillen, Garaud, de Gaulle, Gorostiaga Atxalandabaso, Lang, de La Perriere, Martinez, Souchet, Varaut

PPE-DE: Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Bartolozzi, Bayona de Perogordo, Beazley, Bébéar, Bodrato, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Dover, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Fiori, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Grönfeldt Bergman, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Herranz García, Hieronymi, Hortefeux, Inglewood, Jarzembowski, Jeggle, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Mann Thomas, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Oomen-Ruijten, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Radwan, Ripoll y Martínez de Bedoya, Rovsing, Sacrédeus, Salafranca Sánchez-Neyra, Santini, Sartori, Schaffner, Schleicher, Schmitt, Schnellhardt, Schwaiger, Smet, Sommer, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Trakatellis, Twinn, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Bowe, Campos, Carlotti, Carnero González, Carraro, Cerdeira Morterero, Colom i Naval, Darras, Dehousse, De Rossa, Désir, Díez González, Dührkop Dührkop, Duhamel, Evans Robert J.E., Fava, Ferreira, Ford, Fruteau, Garot, Gill, Gillig, Goebbels, Guy-Quint, Hänsch, Hazan, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Leinen, Linkohr, McAvan, McNally, Malliori, Mann Erika, Marinho, Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Murphy, Napoletano, Obiols i Germà, O'Toole, Paciotti, Patrie, Piecyk, Poignant, Poos, Rapkay, Read, Rocard, Rothe, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Savary, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stockmann, Swiebel, Titley, Torres Marques, Vairinhos, Volcic, Walter, Watts, Whitehead, Wiersma, Wynn, Zimeray, Zorba, Zrihen

UEN: Berlato, Camre, Caullery, Marchiani, Mussa, Musumeci, Nobilia, Pasqua, Poli Bortone, Segni, Thomas-Mauro, Turchi

Abstention: 7

ELDR: van den Bos

GUE/NGL: Frahm

NI: Borghezio, Gobbo, Speroni

PPE-DE: Bastos

PSE: Schmid Gerhard

Vidal-Quadras Roca report A5-0442/2003

Amendment 13

For: 194

EDD: Andersen, Belder, Bernié, Blokland, Bonde, Butel, van Dam, Esclopé, Mathieu, Saint-Josse, Sandbæk

ELDR: Andreasen, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, De Clercq, Duff, Dybkjær, Flesch, Formentini, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Malmström, Manders, Martelli, Monsonís Domingo, Mulder, Newton Dunn, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sbarbati, Schmidt, Sterckx, Sørensen, Väyrynen, Vallvé, Van Hecke, Wallis, Watson

GUE/NGL: Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Bordes, Brie, Cauquil, Di Lello Finuoli, Fiebiger, Frahm, Fraisse, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Patakis, Puerta, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vachetta, Vinci

NI: Bonino, Cappato, Claeys, Della Vedova, Dillen, Dupuis, de Gaulle, Gollnisch, Hager, Kronberger, Lang, Martinez, Pannella, Turco

PPE-DE: Banotti, Cushnahan, Doyle, Ebner, Flemming, Karas, Pirker, Piscarreta, Rack, Rübig, Santer, Scallon, Schierhuber, Stenzel, Zappalà

PSE: Andersson, Aparicio Sánchez, van den Berg, Berger, Bösch, Bullmann, Cercas, Corbey, De Keyser, Duin, El Khadraoui, Ettl, Färm, Gebhardt, Görlach, Hedkvist Petersen, Hume, Karlsson, Kreissl-Dörfler, Lange, Leinen, Lund, Mendiluce Pereiro, Müller, Myller, Pérez Royo, Prets, Roth-Behrendt, Roure, Sandberg-Fries, Scheele, Swoboda, Theorin, Thorning-Schmidt, Valenciano Martínez-Orozco, Weiler, Zrihen

UEN: Andrews, Collins, Fitzsimons, Hyland

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Celli, Dhaene, Echerer, Evans Jillian, Flautre, Frassoni, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, Lucas, MacCormick, McKenna, Maes, Mayol i Raynal, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Voggenhuber, Wuori, Wyn

Against: 324

EDD: Abitbol, Booth, Coûteaux, Farage, Kuntz, Titford

ELDR: André-Léonard, Nordmann

GUE/NGL: Ainardi, Boudjenah, Caudron, Figueiredo, Naïr, Scarbonchi, Wurtz

NI: Berthu, Beysen, Garaud, Gorostiaga Atxalandabaso, de La Perriere, Souchet, Varaut

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Costa Raffaele, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Dover, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Fiori, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Grönfeldt Bergman, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Hortefeux, Inglewood, Jarzembowski, Jeggle, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Mann Thomas, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Oomen-Ruijten, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Sacrédeus, Salafranca Sánchez-Neyra, Santini, Sartori, Schaffner, Schleicher, Schmitt, Schnellhardt, Schwaiger, Smet, Sommer, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, von Wogau, Wuermeling, Zabell, Zacharakis, Zimmerling, Zissener

PSE: Baltas, Barón Crespo, Berenguer Fuster, Berès, Bowe, Campos, Carlotti, Carnero González, Carraro, Casaca, Cerdeira Morterero, Ceyhun, Colom i Naval, Corbett, Darras, De Rossa, Díez González, Dührkop Dührkop, Duhamel, Evans Robert J.E., Fava, Ford, Fruteau, Garot, Gill, Gillig, Goebbels, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kuckelkorn, Kuhne, Lage, Lalumière, Linkohr, McAvan, McNally, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Murphy, Napoletano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Patrie, Piecyk, Poignant, Poos, Rapkay, Read, Rocard, Rothe, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Savary, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stockmann, Swiebel, Terrón i Cusí, Titley, Torres Marques, Vairinhos, Volcic, Walter, Watts, Whitehead, Wiersma, Wynn, Zimeray, Zorba

UEN: Berlato, Camre, Caullery, Marchiani, Mussa, Musumeci, Nobilia, Pasqua, Poli Bortone, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Abstention: 8

NI: Borghezio, Gobbo, Speroni

PPE-DE: Wijkman

PSE: Dehousse, Désir, Ferreira, Schmid Gerhard

Seppänen report A5-0441/2003

Amendment 11

For: 335

EDD: Abitbol, Andersen, Bernié, Bonde, Butel, Esclopé, Kuntz, Mathieu, Saint-Josse, Sandbæk

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, De Clercq, Duff, Dybkjær, Flesch, Formentini, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Malmström, Manders, Martelli, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Plooijvan Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sbarbati, Schmidt, Sterckx, Sørensen, Väyrynen, Vallvé, Van Hecke, Wallis, Watson

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Bordes, Boudjenah, Brie, Caudron, Cauquil, Di Lello Finuoli, Fiebiger, Figueiredo, Frahm, Fraisse, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Naïr, Patakis, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vachetta, Vinci, Wurtz

NI: Berthu, Bonino, Borghezio, Cappato, Claeys, Della Vedova, Dillen, Dupuis, Garaud, de Gaulle, Gobbo, Gollnisch, Gorostiaga Atxalandabaso, Hager, Kronberger, Lang, de La Perriere, Martinez, Pannella, Souchet, Speroni, Turco, Varaut

PPE-DE: Banotti, Costa Raffaele, Cushnahan, Doyle, Ebner, Flemming, Karas, Pirker, Posselt, Rack, Rübig, Santer, Scallon, Schierhuber, Stenzel, Trakatellis

PSE: Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, Campos, Carlotti, Carnero González, Carraro, Casaca, Cercas, Cerdeira Morterero, Ceyhun, Colom i Naval, Corbett, Corbey, Darras, Dehousse, De Keyser, De Rossa, Désir, Díez González, Dührkop Dührkop, Duhamel, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Gill, Gillig, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McNally, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Poignant, Poos, Prets, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Vairinhos, Valenciano Martínez-Orozco, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba, Zrihen

UEN: Andrews, Berlato, Camre, Caullery, Collins, Fitzsimons, Hyland, Marchiani, Mussa, Musumeci, Nobilia, Pasqua, Poli Bortone, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Celli, Echerer, Evans Jillian, Flautre, Frassoni, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, Lucas, MacCormick, McKenna, Maes, Mayol i Raynal, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Voggenhuber, Wuori, Wyn

Against: 182

EDD: Belder, Blokland, van Dam

NI: Beysen

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Coelho, Cornillet, Corrie, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Dover, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Fiori, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Grönfeldt Bergman, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Inglewood, Jarzembowski, Jeggle, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Mann Thomas, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Oomen-Ruijten, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Piscarreta, Podestà, Poettering, Pomés Ruiz, Pronk, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Sacrédeus, Salafranca Sánchez-Neyra, Santini, Sartori, Schaffner, Schleicher, Schmitt, Schnellhardt, Schwaiger, Smet, Sommer, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Twinn, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

Abstention: 5

EDD: Booth, Farage, Titford

PPE-DE: Cocilovo

PSE: Schmid Gerhard

Seppänen report A5-0441/2003

Amendment 28

For: 299

EDD: Andersen, Bonde, Sandbæk

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, De Clercq, Duff, Dybkjær, Flesch, Formentini, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Malmström, Manders, Martelli, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Plooijvan Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sbarbati, Schmidt, Sterckx, Sørensen, Väyrynen, Vallvé, Van Hecke, Wallis, Watson

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Bordes, Boudjenah, Brie, Caudron, Cauquil, Di Lello Finuoli, Fiebiger, Figueiredo, Frahm, Fraisse, Jové Peres, Kaufmann, Koulourianos, Krarup, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Naïr, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vachetta, Vinci, Wurtz

NI: Bonino, Cappato, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Hager, Kronberger, Pannella, Turco

PPE-DE: Banotti, Cocilovo, Cushnahan, Dimitrakopoulos, Doyle, Ebner, Fatuzzo, Flemming, Karas, McCartin, Rack, Rübig, Santer, Schierhuber, Stenzel, Trakatellis, Wijkman

PSE: Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, Campos, Carlotti, Carnero González, Carraro, Casaca, Cerdeira Morterero, Ceyhun, Colom i Naval, Corbett, Corbey, Darras, Dehousse, De Keyser, De Rossa, Désir, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Gill, Gillig, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McNally, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Obiols i Germà, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Poignant, Poos, Prets, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Vairinhos, Valenciano Martínez-Orozco, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Zimeray, Zorba, Zrihen

UEN: Andrews, Collins, Fitzsimons, Hyland

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Celli, Dhaene, Echerer, Evans Jillian, Flautre, Frassoni, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, Lucas, MacCormick, McKenna, Maes, Mayol i Raynal, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Turmes, Voggenhuber, Wuori, Wyn

Against: 210

EDD: Abitbol, Belder, Blokland, Booth, Coûteaux, van Dam, Farage, Kuntz, Titford

NI: Berthu, Beysen, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Lang, de La Perriere, Martinez, Souchet, Varaut

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Coelho, Cornillet, Corrie, Costa Raffaele, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Dover, Elles, Evans Jonathan, Ferber, Fernández Martín, Ferrer, Fiori, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Grönfeldt Bergman, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Hortefeux, Inglewood, Jarzembowski, Jeggle, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Mann Thomas, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Oomen-Ruijten, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Sacrédeus, Salafranca Sánchez-Neyra, Santini, Sartori, Schaffner, Schleicher, Schmitt, Schnellhardt, Schwaiger, Smet, Sommer, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Twinn, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

UEN: Berlato, Camre, Caullery, Marchiani, Mussa, Musumeci, Nobilia, Pasqua, Poli Bortone, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Abstention: 12

EDD: Bernié, Butel, Esclopé, Mathieu, Saint-Josse

GUE/NGL: Korakas, Patakis

NI: Borghezio, Gobbo, Speroni

PSE: Schmid Gerhard, Wynn

Seppänen report A5-0441/2003

Amendment 29

For: 275

EDD: Andersen, Bernié, Bonde, Butel, Esclopé, Mathieu, Saint-Josse, Sandbæk

ELDR: Boogerd-Quaak, Dybkjær, Lynne, Monsonís Domingo, Vallvé

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Bordes, Boudjenah, Brie, Caudron, Cauquil, Di Lello Finuoli, Fiebiger, Figueiredo, Frahm, Fraisse, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Naïr, Patakis, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vachetta, Vinci, Wurtz

NI: Bonino, Borghezio, Cappato, Claeys, Della Vedova, Dillen, Dupuis, Garaud, de Gaulle, Gobbo, Gollnisch, Gorostiaga Atxalandabaso, Hager, Kronberger, Lang, Martinez, Pannella, Speroni, Turco

PPE-DE: Banotti, Bodrato, Cushnahan, Dimitrakopoulos, Doyle, Ebner, Flemming, Karas, Pirker, Rack, Rübig, Sacrédeus, Santer, Scallon, Schierhuber, Stenzel, Trakatellis

PSE: Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, Campos, Carlotti, Carnero González, Carraro, Casaca, Cercas, Cerdeira Morterero, Ceyhun, Colom i Naval, Corbett, Corbey, Darras, De Keyser, De Rossa, Désir, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ford, Fruteau, Garot, Gebhardt, Gill, Gillig, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McNally, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, O'Toole, Paciotti, Patrie, Pérez Royo, Piecyk, Poignant, Poos, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Vairinhos, Valenciano Martínez-Orozco, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Zimeray, Zorba, Zrihen

UEN: Andrews, Collins, Fitzsimons, Hyland

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Celli, Dhaene, Echerer, Evans Jillian, Flautre, Frassoni, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, Lucas, MacCormick, McKenna, Maes, Mayol i Raynal, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Turmes, Voggenhuber, Wuori, Wyn

Against: 240

EDD: Abitbol, Belder, Blokland, Booth, Coûteaux, van Dam, Farage, Kuntz, Titford

ELDR: Andreasen, André-Léonard, Attwooll, Busk, Calò, Clegg, De Clercq, Duff, Flesch, Formentini, Gasòliba i Böhm, Huhne, Jensen, Ludford, Maaten, Malmström, Manders, Martelli, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sbarbati, Schmidt, Sterckx, Sørensen, Väyrynen, Van Hecke, Wallis, Watson

NI: Berthu, Beysen, de La Perriere, Souchet, Varaut

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Böge, Bourlanges, Bowis, Bradbourn, Bremmer, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Costa Raffaele, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Dover, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Fiori, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Grönfeldt Bergman, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Hortefeux, Jarzembowski, Jeggle, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Liese, Lisi, Maat, McCartin, Mann Thomas, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Oomen-Ruijten, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Salafranca Sánchez-Neyra, Santini, Sartori, Schaffner, Schleicher, Schmitt, Schnellhardt, Schwaiger, Smet, Sommer, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Thyssen, Twinn, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Dehousse, Ferreira

UEN: Berlato, Camre, Caullery, Marchiani, Mussa, Musumeci, Nobilia, Pasqua, Poli Bortone, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Abstention: 2

ELDR: van den Bos

PSE: Wynn

Seppänen report A5-0441/2003

Amendment 30

For: 299

EDD: Abitbol, Andersen, Belder, Blokland, Bonde, Coûteaux, van Dam, Kuntz, Sandbæk

ELDR: Andreasen, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, De Clercq, Duff, Dybkjær, Flesch, Formentini, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Malmström, Manders, Martelli, Monsonís Domingo, Mulder, Newton Dunn, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sbarbati, Schmidt, Sterckx, Sørensen, Väyrynen, Vallvé, Van Hecke, Wallis, Watson

GUE/NGL: Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Brie, Di Lello Finuoli, Fiebiger, Figueiredo, Frahm, Fraisse, Jové Peres, Kaufmann, Koulourianos, Krarup, Krivine, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Puerta, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca, Vachetta, Vinci

NI: Bonino, Borghezio, Cappato, Della Vedova, Dupuis, Gobbo, Gorostiaga Atxalandabaso, Hager, Kronberger, Pannella, Speroni, Turco

PPE-DE: Banotti, Bodrato, Bremmer, Cocilovo, Cushnahan, Dimitrakopoulos, Doyle, Ebner, Fiori, Flemming, Karas, Pirker, Rack, Rübig, Sacrédeus, Santer, Scallon, Schierhuber, Stenzel, Trakatellis, van Velzen, Wijkman

PSE: Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Campos, Carlotti, Carnero González, Carraro, Casaca, Cercas, Cerdeira Morterero, Ceyhun, Colom i Naval, Corbett, Corbey, Darras, De Keyser, De Rossa, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ford, Garot, Gebhardt, Gill, Gillig, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Lage, Lalumière, Lange, Leinen, Lund, McAvan, McNally, Malliori, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Poignant, Prets, Rapkay, Read, Rocard, Roth-Behrendt, Roure, Sacconi, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Torres Marques, Vairinhos, Valenciano Martínez-Orozco, Volcic, Watts, Weiler, Whitehead, Wiersma, Zimeray, Zorba, Zrihen

UEN: Andrews, Berlato, Camre, Caullery, Fitzsimons, Hyland, Marchiani, Mussa, Musumeci, Nobilia, Pasqua, Poli Bortone, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Celli, Dhaene, Echerer, Evans Jillian, Flautre, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, Lucas, MacCormick, McKenna, Maes, Mayol i Raynal, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Turmes, Voggenhuber, Wuori, Wyn

Against: 212

EDD: Bernié, Booth, Butel, Esclopé, Farage, Mathieu, Saint-Josse, Titford

ELDR: André-Léonard, Nordmann

GUE/NGL: Ainardi, Boudjenah, Caudron, Scarbonchi, Wurtz

NI: Berthu, Beysen, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Lang, de La Perriere, Martinez, Souchet, Varaut

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Böge, Bourlanges, Bowis, Bradbourn, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Coelho, Cornillet, Corrie, Costa Raffaele, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Dover, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Grönfeldt Bergman, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Hortefeux, Inglewood, Jarzembowski, Jeggle, Kastler, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Mann Thomas, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Oomen-Ruijten, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Salafranca Sánchez-Neyra, Santini, Sartori, Schaffner, Schleicher, Schmitt, Schnellhardt, Schwaiger, Smet, Sommer, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Sumberg, Suominen, Tajani, Tannock, Theato, Twinn, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Désir, Fruteau, Goebbels, Junker, Keßler, Kuhne, Linkohr, Mann Erika, Rothe, Sakellariou, Titley, Walter

Abstention: 11

GUE/NGL: Bordes, Cauquil, Korakas, Laguiller, Patakis

PPE-DE: Thyssen

PSE: Bullmann, Dehousse, Ferreira, Poos, Wynn

Breyer report A5-0443/2003

Amendment 19

For: 71

EDD: Sandbæk

ELDR: Boogerd-Quaak, van den Bos, Dybkjær, Ries

GUE/NGL: Fraisse, Meijer, Morgantini

NI: Hager, Kronberger

PPE-DE: Banotti, Cushnahan, Doyle, Flemming, Hannan, Karas, Pirker, Rübig, Sacrédeus, Scallon, Stenzel

PSE: Andersson, van den Berg, Berger, Bullmann, Duin, Ettl, Gebhardt, Hume, Keßler, Kreissl-Dörfler, Kuhne, Lange, Marinho, Müller, Prets, Swoboda, Thorning-Schmidt

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Cohn-Bendit, Dhaene, Echerer, Evans Jillian, Flautre, Frassoni, Gahrton, Graefe zu Baringdorf, Isler Béguin, Lagendijk, Lambert, Lannoye, Lipietz, Lucas, MacCormick, Maes, Mayol i Raynal, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schörling, Turmes, Wuori

Against: 235

EDD: Abitbol, Belder, Blokland, Coûteaux, van Dam, Kuntz

ELDR: Andreasen, André-Léonard, Busk, Calò, Clegg, De Clercq, Duff, Flesch, Gasòliba i Böhm, Huhne, Jensen, Ludford, Malmström, Martelli, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Sbarbati, Schmidt, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Wallis, Watson

GUE/NGL: Bergaz Conesa, Blak, Boudjenah, Caudron, Kaufmann, Koulourianos, Marset Campos, Modrow, Naïr, Puerta, Scarbonchi, Sjöstedt, Wurtz

NI: Berthu, Beysen, Borghezio, Claeys, Garaud, Gobbo, Gollnisch, Gorostiaga Atxalandabaso, Lang, de La Perriere, Martinez, Souchet

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Avilés Perea, Bartolozzi, Bayona de Perogordo, Beazley, Berend, Bodrato, Bourlanges, Bradbourn, Brok, Camisón Asensio, Coelho, Deprez, Descamps, De Veyrac, Dover, Elles, Fatuzzo, Ferber, Ferrer, Fiori, Folias, Fourtou, Gahler, Gargani, Garriga Polledo, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Helmer, Hernández Mollar, Jarzembowski, Klamt, Knolle, Koch, Korhola, Lamassoure, Langen, Laschet, Liese, Lisi, McCartin, Marinos, Marques, Martin Hugues, Mastella, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Niebler, Pack, Perry, Pex, Podestà, Poettering, Posselt, Purvis, Radwan, Redondo Jiménez, Rovsing, Salafranca Sánchez-Neyra, Santini, Sartori, Schleicher, Schmitt, Schnellhardt, Smet, Sommer, Stenmarck, Sudre, Suominen, Tannock, Theato, Thyssen, Trakatellis, Twinn, Valdivielso de Cué, van Velzen, de Veyrinas, Wenzel-Perillo, von Wogau, Zacharakis, Zissener

PSE: Aparicio Sánchez, Baltas, Barón Crespo, Berès, Campos, Cercas, Colom i Naval, Corbett, Darras, Dehousse, De Rossa, Ferreira, Gill, Gillig, Goebbels, Gröner, Guy-Quint, Hänsch, Honeyball, Howitt, Iivari, Izquierdo Collado, Izquierdo Rojo, Junker, Karamanou, Karlsson, Katiforis, Kindermann, Kinnock, Koukiadis, Kuckelkorn, Lage, Lalumière, Linkohr, McAvan, McNally, Malliori, Mann Erika, Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miranda de Lage, Murphy, Paasilinna, Paciotti, Patrie, Poignant, Poos, Rapkay, Rocard, Sacconi, Savary, Simpson, Soares, Sornosa Martínez, Souladakis, Terrón i Cusí, Titley, Torres Marques, Vairinhos, Volcic, Whitehead, Wiersma, Wynn

UEN: Camre, Marchiani, Mussa, Nobilia, Pasqua, Poli Bortone, Queiró, Thomas-Mauro

Abstention: 11

GUE/NGL: Korakas, Patakis

NI: Cappato, Della Vedova, Dupuis

PPE-DE: Santer, Stockton

PSE: Färm, Moraes, Morgan, Napoletano

Pesälä report A5-0463/2003

Resolution

For: 417

EDD: Abitbol, Andersen, Belder, Blokland, Coûteaux, van Dam, Sandbæk

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, De Clercq, Duff, Dybkjær, Flesch, Formentini, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Malmström, Martelli, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sbarbati, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Wallis, Watson

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Bordes, Boudjenah, Brie, Caudron, Cauquil, Di Lello Finuoli, Figueiredo, Fraisse, Jové Peres, Kaufmann, Koulourianos, Krivine, Laguiller, Manisco, Marset Campos, Meijer, Modrow, Morgantini, Naïr, Patakis, Puerta, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Uca, Vachetta, Vinci, Wurtz

NI: Berthu, Beysen, Borghezio, Claeys, Garaud, Gobbo, Gorostiaga Atxalandabaso, Hager, Kronberger, Lang, de La Perriere, Martinez, Souchet

PPE-DE: Almeida Garrett, Arvidsson, Averoff, Avilés Perea, Ayuso González, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Bébéar, Berend, Bodrato, Bourlanges, Bremmer, Brok, Camisón Asensio, Cardoso, Cederschiöld, Cocilovo, Coelho, Cornillet, Costa Raffaele, Cushnahan, Deprez, Descamps, De Veyrac, Dimitrakopoulos, Doyle, Elles, Fatuzzo, Ferber, Ferrer, Fiori, Flemming, Florenz, Folias, Fourtou, Gahler, Galeote Quecedo, Gargani, Garriga Polledo, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Gouveia, Grönfeldt Bergman, Grosch, Grossetête, Hernández Mollar, Herranz García, Jarzembowski, Jeggle, Kastler, Keppelhoff-Wiechert, Klamt, Knolle, Koch, Konrad, Korhola, Lamassoure, Langen, Laschet, Lehne, Liese, Lisi, Lulling, Maat, Mann Thomas, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Menrad, Mombaur, Montfort, Morillon, Musotto, Nassauer, Niebler, Oomen-Ruijten, Pack, Pastorelli, Pérez Álvarez, Pex, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Rack, Radwan, Redondo Jiménez, Ripoll y Martínez de Bedoya, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schwaiger, Smet, Sommer, Stenmarck, Stenzel, Stockton, Sturdy, Sudre, Suominen, Tajani, Theato, Thyssen, Trakatellis, Valdivielso de Cué, Varela Suanzes-Carpegna, van Velzen, de Veyrinas, Vlasto, Wenzel-Perillo, Wijkman, von Wogau, Wuermeling, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Andersson, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bullmann, Campos, Carlotti, Carraro, Casaca, Cercas, Ceyhun, Colom i Naval, Corbett, Corbey, Darras, Dehousse, De Keyser, De Rossa, Désir, Díez González, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Fruteau, Garot, Gebhardt, Gill, Gillig, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, Hume, Iivari, Izquierdo Collado, Izquierdo Rojo, Junker, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lavarra, Leinen, Linkohr, Lund, McAvan, McNally, Malliori, Mann Erika, Marinho, Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Müller, Murphy, Napoletano, O'Toole, Paasilinna, Paciotti, Patrie, Pittella, Poignant, Poos, Prets, Rapkay, Read, Rocard, Rothe, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Titley, Torres Marques, Vairinhos, Volcic, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Berlato, Camre, Crowley, Fitzsimons, Marchiani, Mussa, Musumeci, Nobilia, Pasqua, Poli Bortone, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Breyer, Buitenweg, Celli, Dhaene, Echerer, Evans Jillian, Flautre, Frassoni, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Lagendijk, Lambert, Lannoye, Lipietz, Lucas, MacCormick, McKenna, Maes, Mayol i Raynal, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schörling, Sörensen, Turmes, Voggenhuber, Wuori, Wyn

Against: 4

EDD: Booth, Farage, Titford

NI: Gollnisch

Abstention: 22

NI: Cappato, Dupuis

PPE-DE: Atkins, Beazley, Bradbourn, Chichester, Corrie, Dover, Ebner, Evans Jonathan, Hannan, Harbour, Helmer, Inglewood, Khanbhai, Kirkhope, Perry, Scallon, Stevenson, Tannock, Twinn, Van Orden

---

TEXTS ADOPTED

P5_TA(2004)0001

Plant variety rights *

European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 2100/94 on Community plant variety rights (COM(2003) 456 — C5-0573/2003 — 2003/0161(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2003) 456) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2003) 456) (1),

| — | having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0573/2003), |
| --- | --- |

—

having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0573/2003),

| — | having regard to Rules 67 and 158(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 67 and 158(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Agriculture and Rural Development (A5-0482/2003), |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development (A5-0482/2003),

| 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.

P5_TA(2004)0002

Controls on fishing for certain highly migratory fish *

European Parliament legislative resolution on the amended proposal for a Council Regulation amending Regulation (EC) No 1936/2001 of 27 September 2001 laying down control measures applicable to fishing for certain stocks of highly migratory fish (COM(2002) 421 — C5-0406/2002 — COM(2003) 417 — C5-0479/2003 — 2002/0186(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2002) 421) (1) and the amended proposal (COM(2003) 417) (2), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2002) 421) (1) and the amended proposal (COM(2003) 417) (2),

| — | having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0479/2003), |
| --- | --- |

—

having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0479/2003),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Fisheries (A5-0438/2003), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A5-0438/2003),

| 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.

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| ARTICLE 1, PARAGRAPH 10
  Article 21a (Regulation (EC) No 1936/2001) |
| Article
  18 shall apply mutatis mutandis. | Articles
  18
  and 19
  shall apply mutatis mutandis. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

ARTICLE 1, PARAGRAPH 10

Article 21a (Regulation (EC) No 1936/2001)

Article
  18 shall apply mutatis mutandis.

Articles
  18
  and 19
  shall apply mutatis mutandis.

---

(1)  OJ C 291 E, 26.11.2002, p. 212.

(2)  Not yet published in OJ.

P5_TA(2004)0003

Technical conservation measures for certain highly migratory species *

European Parliament legislative resolution on the amended proposal for a Council Regulation amending Regulation (EC) No 973/2001 laying down certain technical measures for the conservation of certain stocks of highly migratory species (COM(2002) 420 — C5-0407/2002 — COM(2003) 421 — C5—0429/2003 — 2002/0189(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2002) 420) (1) and the amended proposal (COM(2003) 421) (2), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2002) 420) (1) and the amended proposal (COM(2003) 421) (2),

| — | having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0407/2002 — C5-0429/2003), |
| --- | --- |

—

having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0407/2002 — C5-0429/2003),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Fisheries (A5-0439/2003), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A5-0439/2003),

| 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.

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| ARTICLE 1, PARAGRAPH 6a (new)
  Article 11 (Regulation (EC) No 973/2001) |
| | 6a. | Article 11 is replaced by:

  ‘
  Article 11




  Monofilament streamer lines on swivels shall be used, so as to ensure that live blue marlins and white marlins may be easily released.
  ‧ |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

ARTICLE 1, PARAGRAPH 6a (new)

Article 11 (Regulation (EC) No 973/2001)

6a.

‘
  Article 11

Monofilament streamer lines on swivels shall be used, so as to ensure that live blue marlins and white marlins may be easily released.
  ‧

---

(1)  OJ C 291 E, 26.11.2002, p. 210.

(2)  Not yet published in OJ.

P5_TA(2004)0004

New narcotic and synthetic drugs *

European Parliament legislative resolution on the Commission proposal for a Council decision on the information exchange, risk-assessment and the control on new narcotic drugs and new synthetic drugs (COM(2003) 560 — C5-0516/2003 — 2003/0215(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2003) 560) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2003) 560) (1),

| — | having regard to Articles 29 and 34(2)(c) of the EU Treaty, |
| --- | --- |

—

having regard to Articles 29 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 (C5-0516/2003), |
| --- | --- |

—

having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C5-0516/2003),

| — | having regard to Rules 106 and 67 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 106 and 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0483/2003), |
| --- | --- |

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0483/2003),

| 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.

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| Article 3, point (c) |
| (c) | ‘marketing authorisation‧: the permission to place on the market of a Member State either a medicinal product for human use as indicated in Title III of Directive 2001/83/EC of the European Parliament and of the Council, or a veterinary medicinal product as indicated in Title III of Directive 2001/82/EC of the European Parliament and of the Council. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

Article 3, point (c)

(c)

Deleted

Amendment 2

Article 3, point (e)

| (e) | ‘preparation‧: a mixture containing either a new narcotic drug or a new synthetic drug. |
| --- | --- |

(e)

Deleted

Amendment 3

Article 4, paragraph 2

2. Europol and the EMCDDA shall supplement the information on a new narcotic drug or a new synthetic drug or on a preparation containing a new narcotic drug or a new synthetic drug obtained from a Member State to the extend that the information available shall entail:

| (a) | a chemical and physical description, including the name under which the new narcotic drug or the new synthetic drug is known, |
| --- | --- |

(a)

a chemical and physical description, including the name under which the new narcotic drug or the new synthetic drug is known,

| (b) | information on the frequency, circumstances and/or quantities in which a new narcotic drug or new synthetic drug is encountered, and information on the means and methods of production of the new narcotic drug or the new synthetic drug, |
| --- | --- |

(b)

information on the frequency, circumstances and/or quantities in which a new narcotic drug or new synthetic drug is encountered, and information on the means and methods of production of the new narcotic drug or the new synthetic drug,

| (c) | information on the involvement of organised crime in the production or trafficking of the new narcotic drug or the new synthetic drug, |
| --- | --- |

(c)

information on the involvement of organised crime in the production or trafficking of the new narcotic drug or the new synthetic drug,

| (d) | a first indication of the risks associated with the new narcotic drug or new synthetic drug, including health and the social risks, |
| --- | --- |

(d)

a first indication of the risks associated with the new narcotic drug or new synthetic drug, including health and the social risks,

| (e) | information on whether or not the new narcotic drug or the new synthetic drug is currently under assessment, or has been under assessment by the UN-system, |
| --- | --- |

(e)

information on whether or not the new narcotic drug or the new synthetic drug is currently under assessment, or has been under assessment by the UN-system,

| (f) | the moment of notification of the new narcotic drug or the new synthetic drug to the EMCDDA or to Europol, |
| --- | --- |

(f)

the moment of notification of the new narcotic drug or the new synthetic drug to the EMCDDA or to Europol,

| (g) | information on whether or not the new narcotic drug or the new synthetic drug is already subject to control measures at national level in a Member State. |
| --- | --- |

(g)

information on whether or not the new narcotic drug or the new synthetic drug is already subject to control measures at national level in a Member State.

| (h) | As far as possible, information will be made available on:










  (i) | the chemical precursors, |
| --- | --- | --- |

(h)

As far as possible, information will be made available on:

(i)

the chemical precursors,

| (ii) | the mode and scope of the established or expected use of the new synthetic drug or the new narcotic drug, |
| --- | --- |

(ii)

the mode and scope of the established or expected use of the new synthetic drug or the new narcotic drug,

| (iii) | other use of the new narcotic drug or new synthetic drug and the extent of such use, the risks associated with this use of the new narcotic drug or new synthetic drug, including the health and the social risks; |
| --- | --- |

(iii)

other use of the new narcotic drug or new synthetic drug and the extent of such use, the risks associated with this use of the new narcotic drug or new synthetic drug, including the health and the social risks;

Deleted

Amendment 4

Article 4, paragraph 3, introduction

3. The EMEA shall submit to Europol and the EMCDDA supplementary information on whether in the European Union or in any Member State:

3.
  Should Europol or the EMCDDA deem it necessary,
  the EMEA shall submit to Europol and the EMCDDA supplementary information on whether in the European Union or in any Member State:

Amendment 5

Article 4, paragraph 4

4. Member States are requested to deliver the information referred to under paragraphs (2) and (3) without unnecessary delay.

Deleted

Amendment 6

Article 4, paragraph 5

5. In case Europol and the EMCDDA consider that the information provided by a Member State on a new narcotic drug or a new synthetic drug would not merit the further collection of information as described in paragraph (1), they will inform the notifying Member State instantly hereof, and the
  risk assessment procedure
  referred to in
  Article 6 will not
  apply
  . Europol and the EMCDDA will explain the decision taken in the annual report as referred to in Article 10.

5. Should Europol and the EMCDDA consider that the information provided by a Member State on a new narcotic drug or a new synthetic drug does not merit the further collection of information as described in paragraph 1, they shall immediately inform the notifying Member State thereof, and the
  Joint Report
  referred to in
  Article 5 shall not
  be drawn up.
  Europol and the EMCDDA shall justify the decision taken in the annual report referred to in Article 10.

Amendment 7

Article 6, paragraph 1

1.
  The risks, including the health and social risks, caused by the use of, the production of, and traffic in, a new narcotic drug or a new synthetic drug, the involvement of organised crime and possible consequences of prohibition shall be assessed in accordance with the procedure set out in paragraphs 2 to 5, provided that more than half of the Member States have informed the Council in writing to be in favour of such an assessment.
  The Member States shall inform the Council as soon as possible, but in any case within thirty working days after the date of reception of the Joint Report.

1.
  On the basis of the Joint Report, the Member States shall decide as quickly as possible whether they are in favour of a risk assessment.
  The Member States shall inform the Council as soon as possible, but in any case within thirty working days after the date of receipt of the Joint Report.

Amendment 8

Article 6, paragraph 2

2. As soon as
  more than half
  of the Member States have informed the Council in writing to be in favour of a risk-assessment on a new narcotic drug or a new synthetic drug as indicated in paragraph (1), the Council shall alert the EMCDDA and Europol.

2. As soon as
  at least one third
  of the Member States have informed the Council in writing that they are in favour of a risk-assessment on a new narcotic drug or a new synthetic drug as indicated in paragraph 1, the Council shall alert the EMCDDA and Europol.

Amendment 9

Article 6, paragraph 5, subparagraph 2, points (b) to (g)

| (b) | the health risk associated with
  the new narcotic drug or the new synthetic drug, |
| --- | --- |

(b)

the health risk associated with
  the new narcotic drug or the new synthetic drug,

| (b) | a description of the control measures to which
  the new narcotic drug or the new synthetic drug
  is subject in the Member States, where applicable, |
| --- | --- |

(b)

a description of the control measures to which
  the new narcotic drug or the new synthetic drug
  is subject in the Member States, where applicable,

| (c) | the social risks associated with
  the new narcotic drug or the new synthetic drug, |
| --- | --- |

(c)

the social risks associated with
  the new narcotic drug or the new synthetic drug,

| (c) | information on the assessment of
  the new narcotic drug or the new synthetic drug
  in the United Nations system
  , |
| --- | --- |

(c)

information on the assessment of
  the new narcotic drug or the new synthetic drug
  in the United Nations system
  ,

| (d) | information on the level of involvement of organised crime and information on seizures, and production of the new narcotic drug or the new synthetic drug, |
| --- | --- |

(d)

information on the level of involvement of organised crime and information on seizures, and production of the new narcotic drug or the new synthetic drug,

| (d) | information on the level of involvement of organised crime and information on seizures and production of the new narcotic drug or the new synthetic drug, |
| --- | --- |

(d)

information on the level of involvement of organised crime and information on seizures and production of the new narcotic drug or the new synthetic drug,

| (e) | information on the assessment of
  the new narcotic drug or the new synthetic drug
  in the United Nations-system, |
| --- | --- |

(e)

information on the assessment of
  the new narcotic drug or the new synthetic drug
  in the United Nations-system,

| (e) | the health and social risks associated with
  the new narcotic drug or the new synthetic drug, |
| --- | --- |

(e)

the health and social risks associated with
  the new narcotic drug or the new synthetic drug,

| (f) | a description of the control-measures to which the new narcotic drug or the new synthetic drug is submitted in the Member States, when applicable, |
| --- | --- |

(f)

| (f) | options for control and the possible consequences of prohibition. |
| --- | --- |

(f)

options for control and the possible consequences of prohibition.

| (g) | options for control and the possible consequences of prohibition. |
| --- | --- |

(g)

Amendment 10

Article 7, paragraph 1

1. No risk assessment shall be carried out
  where Europol and the EMCDDA have not drawn up a Joint Report.

1. No risk-assessment shall be carried out
  in case
  the new narcotic drug or the new synthetic drug concerned is currently under assessment within the United Nations-system.

Nor shall a risk assessment be carried out where
  the new narcotic drug or the new synthetic drug concerned is currently under assessment within the United Nations system.

Amendment 11

Article 7, paragraph 3

3. No risk-assessment shall be carried out on a new narcotic drug or a new synthetic drug in case it falls within one of the following categories:

| (a) | The new narcotic drug or the new synthetic drug is an ‘authorised medicinal product‧ which is either a medicinal product intended for human use, that has been granted a marketing authorisation in one or more Member States or in the European Union in accordance with the provisions of Title III of Directive 2001/83/EC , or a veterinary medicinal product that has been granted a marketing authorisation in one or more Member States or in the European Union in accordance with the provisions of Title III of Directive 2001/82/EC ; or, |
| --- | --- |

(a)

The new narcotic drug or the new synthetic drug is an ‘authorised medicinal product‧ which is either a medicinal product intended for human use, that has been granted a marketing authorisation in one or more Member States or in the European Union in accordance with the provisions of Title III of Directive 2001/83/EC , or a veterinary medicinal product that has been granted a marketing authorisation in one or more Member States or in the European Union in accordance with the provisions of Title III of Directive 2001/82/EC ; or,

| (b) | The new narcotic drug or the new synthetic drug is a ‘medicinal product under review‧, which is either a medicinal product intended for human use that is under examination in order to be granted a marketing authorisation in one or more Member States or in the European Union in accordance with the provisions of Title III of Directive 2001/83/EC, or a veterinary medicinal product that is under examination in order to be granted a marketing authorisation in one or more Member States or in the European Union in accordance with the provisions of Title III of Directive 2001/82/EC; or, |
| --- | --- |

(b)

The new narcotic drug or the new synthetic drug is a ‘medicinal product under review‧, which is either a medicinal product intended for human use that is under examination in order to be granted a marketing authorisation in one or more Member States or in the European Union in accordance with the provisions of Title III of Directive 2001/83/EC, or a veterinary medicinal product that is under examination in order to be granted a marketing authorisation in one or more Member States or in the European Union in accordance with the provisions of Title III of Directive 2001/82/EC; or,

| (c) | The new narcotic drug or the new synthetic drug is a ‘suspended medicinal product‧, which is either a medicinal product intended for human use for which the marketing authorisation is suspended in one or more Member States or in the European Union, or a veterinary medicinal product for which the marketing authorisation is suspended in one or more Member States or in the European Union; or, |
| --- | --- |

(c)

The new narcotic drug or the new synthetic drug is a ‘suspended medicinal product‧, which is either a medicinal product intended for human use for which the marketing authorisation is suspended in one or more Member States or in the European Union, or a veterinary medicinal product for which the marketing authorisation is suspended in one or more Member States or in the European Union; or,

| (d) | The new narcotic drug or the new synthetic drug is an ‘exempted medicinal product‧, which is either a medicinal product for human use, which is exempted from having a marketing authorisation as specified under Article 7 of Directive 2001/83/EC, or a veterinary medicinal product; which is exempted from having a marketing authorisation as specified in Article 8 of Directive 2001/82/EC. |
| --- | --- |

(d)

The new narcotic drug or the new synthetic drug is an ‘exempted medicinal product‧, which is either a medicinal product for human use, which is exempted from having a marketing authorisation as specified under Article 7 of Directive 2001/83/EC, or a veterinary medicinal product; which is exempted from having a marketing authorisation as specified in Article 8 of Directive 2001/82/EC.

In the case the new narcotic drug or the new synthetic drug falls into one of the categories listed under this paragraph, it will be referred to the EMEA for a scientific evaluation of the risks associated with the new narcotic drug or the new synthetic drug and to the Council in order to discuss public health related measures.

Deleted

Amendment 12

Article 8, paragraph 1, subparagraph 2

If the Commission deems it not necessary to present an initiative to have the new narcotic drug or the new synthetic drug submitted to control measures, it shall within thirty working days from the date on which the Risk-Assessment Report has been received present a report to the Council explaining its views.

Deleted

Amendment 13

Article 8, paragraph 3

3. The procedure provided for by this Article shall take no longer than ninety working days from the date of reception by the Council of the initiative
  by the Commission to the date of adoption by the Council of the initiative by the Commission as referred to in paragraph 2.

3. The procedure provided for by this Article shall take no longer than ninety working days from the date of receipt of the risk assessment report
  by the Commission to the date of adoption by the Council of the initiative by the Commission as referred to in paragraph 2.

Amendment 14

Article 9, paragraph 1, introduction

1. If the Council decides to submit a new narcotic drug or a new synthetic drug to measures of control, Member States shall take within
  one year
  the necessary measures in accordance with their national law to submit:

1. If the Council decides to submit a new narcotic drug or a new synthetic drug to measures of control, Member States shall take within
  ten months
  the necessary measures in accordance with their national law to submit:

Amendment 15

Article 9, paragraph 2

2. Member States shall report the measures taken to
  both
  the Council and the Commission.

2. Member States shall report the measures taken to
  the European Parliament,
  the Council and the Commission
  immediately after the relevant decision has been taken
  .

Amendment 16

Article 10

The EMCDDA and Europol shall report annually to the Council on the operation of this Decision. The report will take into account all aspects relevant to judge the efficacy and achievements of the system created by this Decision.

The EMCDDA and Europol shall report annually to
  the European Parliament and
  the Council on the operation of this Decision. The report shall take into account all aspects required for an assessment of the efficacy and achievements of the system created by this Decision.

Amendment 17

Article 10, paragraph 1a (new)

They shall, in particular, report on their experiences relating to coordination between the early-warning system and the pharmacovigilance system.

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(1)  Not yet published in OJ.

P5_TA(2004)0005

Convention against transnational organised crime *

European Parliament legislative resolution on the proposal for a Council decision on the conclusion, on behalf of the European Community, of the United Nations Convention Against Transnational Organised Crime (COM(2003) 512 — C5-0487/2003 —2003/0195(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the proposal for a Council decision (COM(2003) 512) (1), |
| --- | --- |

—

having regard to the proposal for a Council decision (COM(2003) 512) (1),

| — | having regard to Articles 47, 55, 95, 135, 179 and 280 of the EC Treaty, |
| --- | --- |

—

having regard to Articles 47, 55, 95, 135, 179 and 280 of the EC Treaty,

| — | having regard to Article 300(2), first subparagraph, and Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0487/2003), |
| --- | --- |

—

having regard to Article 300(2), first subparagraph, and Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0487/2003),

| — | having regard to Rules 67 and 97(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 67 and 97(7) of its Rules of Procedure,

| — | having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0485/2003), |
| --- | --- |

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0485/2003),

| 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. |
| --- | --- |

2.

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

---

(1)  Not yet published in OJ.

P5_TA(2004)0006

Convention against transnational organised crime (Protocol on migrants)*

European Parliament legislative resolution on the proposal for a Council decision on the conclusion, on behalf of the European Community, of the Protocol Against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention Against Transnational Organised Crime (COM(2003) 512 — C5-0488/2003 — 2003/0196(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the proposal for a Council decision (COM(2003) 512) (1), |
| --- | --- |

—

having regard to the proposal for a Council decision (COM(2003) 512) (1),

| — | having regard to Articles 62, point 2, and 63, point 3, of the EC Treaty, |
| --- | --- |

—

having regard to Articles 62, point 2, and 63, point 3, of the EC Treaty,

| — | having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0488/2003), |
| --- | --- |

—

having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0488/2003),

| — | having regard to Rules 67 and 97(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 67 and 97(7) of its Rules of Procedure,

| — | having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0485/2003), |
| --- | --- |

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0485/2003),

| 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. |
| --- | --- |

2.

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

---

(1)  Not yet published in OJ.

P5_TA(2004)0007

Convention against transnational organised crime (Protocol on trafficking in persons) *

European Parliament legislative resolution on the proposal for a Council decision on the conclusion, on behalf of the European Community, of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women And Children, supplementing the United Nations Convention Against Transnational Organised Crime (COM(2003) 512 — C5-0489/2003 — 2003/0197(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the proposal for a Council decision (COM(2003) 512) (1), |
| --- | --- |

—

having regard to the proposal for a Council decision (COM(2003) 512) (1),

| — | having regard to Articles 62, point 2, and 63, point 3, of the EC Treaty, |
| --- | --- |

—

having regard to Articles 62, point 2, and 63, point 3, of the EC Treaty,

| — | having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0489/2003), |
| --- | --- |

—

having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0489/2003),

| — | having regard to Rules 67 and 97(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 67 and 97(7) of its Rules of Procedure,

| — | having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0485/2003), |
| --- | --- |

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0485/2003),

| 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. |
| --- | --- |

2.

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

---

(1)  Not yet published in OJ.

P5_TA(2004)0008

Enforcement of law against ship-source pollution *

European Parliament legislative resolution on the proposal for a Council framework decision to strengthen the criminal law framework for the enforcement of the law against ship-source pollution (COM(2003) 227 — C5-0244/2003 — 2003/0088(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2003) 227) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2003) 227) (1),

| — | having regard to Articles 29, 31 and 34(2)(b) of the Treaty on European Union (C5-0244/2003), |
| --- | --- |

—

having regard to Articles 29, 31 and 34(2)(b) of the Treaty on European Union (C5-0244/2003),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0373/2003), |
| --- | --- |

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0373/2003),

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

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

3.

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

| 4. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

4.

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

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

5.

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

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| Article 3, paragraph 1, point (b) |
| (b) | where the offences caused
  the death or serious injury of
  persons; |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

Article 3, paragraph 1, point (b)

(b)

where the offences caused
  the death or serious injury of
  persons;

(b) where the offences caused
  substantial damage to
  persons;

Amendment 2

Article 3, paragraph 1, point (d)

| (d) | where the offences caused substantial damage to animal or vegetable species or to parts of them. |
| --- | --- |

(d)

where the offences caused substantial damage to animal or vegetable species or to parts of them.

| (d) | where the offences caused substantial damage to animal or vegetable species or to parts of them
  or to a protected habitat
  . |
| --- | --- |

(d)

where the offences caused substantial damage to animal or vegetable species or to parts of them
  or to a protected habitat
  .

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(1)  Not yet published in OJ.

P5_TA(2004)0009

Sanctions for pollution offences ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council directive on ship-source pollution and on the introduction of sanctions, including criminal sanctions, for pollution offences (COM(2003) 92 — C5-0076/2003 — 2003/0037(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 92) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 92) (1),

| — | having regard to Article 251(2) of the EC Treaty and Article 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0076/2003), |
| --- | --- |

—

having regard to Article 251(2) of the EC Treaty and Article 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0076/2003),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinions of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs, the Committee on Legal Affairs and the Internal Market and the Committee on the Environment, Public Health and Consumer Policy (A5-0388/2003), |
| --- | --- |

—

having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinions of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs, the Committee on Legal Affairs and the Internal Market and the Committee on the Environment, Public Health and Consumer Policy (A5-0388/2003),

| 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.

P5_TC1-COD(2003)0037

Position of the European Parliament adopted at first reading on 13 January 2004 with a view to the adoption of Directive 2004/..../EC of the European Parliament and of the Council on ship-source pollution and on the introduction of sanctions, including criminal sanctions, for pollution offences

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 (1),

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

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

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

Whereas:

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

(1)

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

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

(2)

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

| (3) | Many Community ports lack appropriate facilities for receiving and treating waste; in order to combat intentional pollution, the EU should undertake, by way of a European plan, to set up the necessary infrastructure for degassing and cleaning vessels in all Community ports, which should be capable of dealing with several major difficulties simultaneously. |
| --- | --- |

(3)

Many Community ports lack appropriate facilities for receiving and treating waste; in order to combat intentional pollution, the EU should undertake, by way of a European plan, to set up the necessary infrastructure for degassing and cleaning vessels in all Community ports, which should be capable of dealing with several major difficulties simultaneously.

| (4) | In order to ensure that all Community ports have adequate facilities to receive ship-generated waste and cargo residues, Directive 2000/59/EC (5) should be fully enforced without further delay. |
| --- | --- |

(4)

In order to ensure that all Community ports have adequate facilities to receive ship-generated waste and cargo residues, Directive 2000/59/EC (5) should be fully enforced without further delay.

| (5) | The implementation of Marpol 73/78 shows discrepancies among Member States and there is thus a need to harmonise its implementation at Community level; in particular the practice of Member States relating to the imposition of sanctions for illegal discharges by ships shows significant differences. |
| --- | --- |

(5)

The implementation of Marpol 73/78 shows discrepancies among Member States and there is thus a need to harmonise its implementation at Community level; in particular the practice of Member States relating to the imposition of sanctions for illegal discharges by ships shows significant differences.

| (6) | Many Member States have not fully satisfied the European Community's expectations with regard to maritime safety, in particular by delaying the application of existing directives and regulations. |
| --- | --- |

(6)

Many Member States have not fully satisfied the European Community's expectations with regard to maritime safety, in particular by delaying the application of existing directives and regulations.

| (7) | Measures of a dissuasive nature form an integral part of the Community's maritime safety policy, as they ensure a link between the responsibility of
  each of
  the parties involved in the transport of polluting goods by sea and their exposure to sanctions; in order to achieve effective protection of the environment, there is therefore a need for effective, dissuasive and proportionate sanctions. |
| --- | --- |

(7)

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

| (8) | Neither the international regime for the civil liability and compensation of oil pollution nor that relating to pollution by other hazardous or noxious substances provide sufficient dissuasive effects to discourage
  each of
  the parties involved in the transport of hazardous cargoes by sea from engaging in substandard practices; the required dissuasive effects can only be achieved through the introduction of sanctions of a penal nature, which apply to any person who causes or contributes to marine pollution deliberately or through gross negligence. |
| --- | --- |

(8)

Neither the international regime for the civil liability and compensation of oil pollution nor that relating to pollution by other hazardous or noxious substances provide sufficient dissuasive effects to discourage
  each of
  the parties involved in the transport of hazardous cargoes by sea from engaging in substandard practices; the required dissuasive effects can only be achieved through the introduction of sanctions of a penal nature, which apply to any person who causes or contributes to marine pollution deliberately or through gross negligence.

| (9) | Legal persons should also be subject to sanctions throughout the Community, because breaches may be committed in the interest of legal persons or on their behalf. |
| --- | --- |

(9)

Legal persons should also be subject to sanctions throughout the Community, because breaches may be committed in the interest of legal persons or on their behalf.

| (10) | Measures of a penal nature are not related to the civil liability of the parties concerned and are thus not subject to any rules relating to the limitation or channelling of civil liabilities, nor do they limit the efficient compensation of victims of pollution incidents. |
| --- | --- |

(10)

Measures of a penal nature are not related to the civil liability of the parties concerned and are thus not subject to any rules relating to the limitation or channelling of civil liabilities, nor do they limit the efficient compensation of victims of pollution incidents.

| (11) | There is a need for
  effective
  cooperation among Member States to ensure that illegal discharges are detected in time and that the offenders are identified.
  For this reason, the Commission should present as rapidly as possible a proposal for the creation of a common European coastguard
  . |
| --- | --- |

(11)

There is a need for
  effective
  cooperation among Member States to ensure that illegal discharges are detected in time and that the offenders are identified.
  For this reason, the Commission should present as rapidly as possible a proposal for the creation of a common European coastguard
  .

| (12) | In order to ensure that criminal sanctions against intentional pollution are effective, the port state control authorities should maintain registers of oil; each Member State must therefore introduce stringent legislation against any failure to maintain those registers and any entry of which the authenticity cannot be established, in order to prevent illegal discharges which are the source of most marine pollution. |
| --- | --- |

(12)

In order to ensure that criminal sanctions against intentional pollution are effective, the port state control authorities should maintain registers of oil; each Member State must therefore introduce stringent legislation against any failure to maintain those registers and any entry of which the authenticity cannot be established, in order to prevent illegal discharges which are the source of most marine pollution.

| (13) | The Directive is in accordance with the principles of subsidiarity and proportionality as set out in Article 5 of the Treaty. The incorporation of the international ship-source pollution standards into Community law and the establishment of sanctions, including criminal sanctions, for violations of them is a necessary measure to achieve a high level of safety and environmental protection in maritime transport. This can be effectively achieved only by the Community by means of harmonised rules. The Directive does not go beyond what is necessary for that purpose. |
| --- | --- |

(13)

The Directive is in accordance with the principles of subsidiarity and proportionality as set out in Article 5 of the Treaty. The incorporation of the international ship-source pollution standards into Community law and the establishment of sanctions, including criminal sanctions, for violations of them is a necessary measure to achieve a high level of safety and environmental protection in maritime transport. This can be effectively achieved only by the Community by means of harmonised rules. The Directive does not go beyond what is necessary for that purpose.

| (14) | Those accused of pollution offences are entitled to a fair and independent hearing and any penalties imposed should be proportionate to the criminal offence.
  The Directive
  therefore
  fully respects the Charter of Fundamental Rights of the European Union (6) and the provisions relating to justice contained therein
  , |
| --- | --- |

(14)

Those accused of pollution offences are entitled to a fair and independent hearing and any penalties imposed should be proportionate to the criminal offence.
  The Directive
  therefore
  fully respects the Charter of Fundamental Rights of the European Union (6) and the provisions relating to justice contained therein
  ,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Purpose

The purpose of this Directive is to incorporate the international standards for ship-source pollution into Community law and to ensure that
  each person
  responsible for illegal discharges
  is
  subject to adequate sanctions, including criminal sanctions. The objective of the Directive is to improve maritime safety and to protect the marine environment from pollution by ships.

Article 2

Definitions

For the purpose of this Directive:

| 1. | ‘Marpol 73/78‧ shall mean the International Convention for the prevention of pollution from ships, 1973 and its 1978 Protocol, as amended (7); |
| --- | --- |

1.

‘Marpol 73/78‧ shall mean the International Convention for the prevention of pollution from ships, 1973 and its 1978 Protocol, as amended (7);

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

2.

‘Polluting substances‧ shall mean substances covered by Annexes I (oil) and II (noxious liquid substances in bulk) of Marpol 73/78;

| 3. | ‘Illegal discharges‧ shall mean discharges in violation of
  Marpol 73/78
  ; |
| --- | --- |

3.

‘Illegal discharges‧ shall mean discharges in violation of
  Marpol 73/78
  ;

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

4.

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

| 5. | ‘Person‧ shall mean natural or legal person. |
| --- | --- |

5.

‘Person‧ shall mean natural or legal person.

| 6. | ‘Legal person‧ shall mean any legal entity having such status under the applicable national law, except for States or any other public bodies acting in the exercise of their prerogative of public power, as well as public international organisations. |
| --- | --- |

6.

‘Legal person‧ shall mean any legal entity having such status under the applicable national law, except for States or any other public bodies acting in the exercise of their prerogative of public power, as well as public international organisations.

Article 3

Scope

1.   This Directive shall apply to discharges of polluting substances in:

| a) | the internal waters, including ports, of a Member State; |
| --- | --- |

a)

the internal waters, including ports, of a Member State;

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

b)

the territorial sea of a Member State;

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

c)

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

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

d)

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

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

e)

the high seas.

2.
     
  However, this Directive shall apply to ships sailing under the flag of a Member State irrespective of the location in which the discharge occurred.

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

Article 4

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

1.   If irregularities or information give rise to suspicion that a ship which is within a port or at an off-shore terminal of a Member State has engaged in an illegal discharge of polluting substances in any of the sea areas referred to in Article 3(1), the Member State shall ensure that,
  in accordance with clear rules as to territorial and functional competence,
  an appropriate examination is undertaken in accordance with its national law.

2.   A non-exhaustive list of irregularities or information within the meaning of paragraph 1 is provided in Annex II.

3.   As far as the examination referred to in paragraph 1 reveals facts that could constitute evidence on such an illegal discharge, the competent authorities in criminal matters shall be informed.

4.
     
  The provisions of this Article shall apply mutatis mutandis to ships sailing under the flag of a Member State irrespective of where the ship is located.

Article 5

Enforcement with respect to ships in transit

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

| — | If the next port of call of the ship is another Member State, the Member States concerned shall cooperate closely in the examination referred to in Article 4(1) and in deciding on the
  appropriate measures
  in respect of any such discharge; |
| --- | --- |

—

If the next port of call of the ship is another Member State, the Member States concerned shall cooperate closely in the examination referred to in Article 4(1) and in deciding on the
  appropriate measures
  in respect of any such discharge;

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

—

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

Article 6

Enforcement coordination and inspection

1.
     
  The European Maritime Safety Agency shall play a coordination role with regard to the enforcement of this Directive.

2.
     
  The European Maritime Safety Agency shall create an EU public online database on illegal discharges and ships which do not comply with this Directive.

Article 7

Criminal offence and sanctions

1.   Member States shall ensure that the illegal discharge of polluting substances, the participation in,
  even by omission,
  and instigation of such discharge
  as well as technical manipulations of vessels to facilitate illegal discharges
  are regarded as criminal offences, when committed intentionally or by gross negligence.

2.   Any person (i.e. not only the shipowner but also the owner of the cargo, the classification society,
  the competent (port) authority
  or any other person involved), who has been found by a court of law responsible within the meaning of paragraph 1, shall be subject to sanctions, including, where appropriate, criminal sanctions.

3.   The sanctions referred to in paragraph 2 shall be effective, proportionate and dissuasive.

4.   As concerns natural persons, criminal penalties shall be provided, including in the most serious cases, the deprivation of liberty, having regard to applicable international law.

5.   As regards natural and legal persons, the Member States shall provide for, inter alia, the following sanctions:

| a) | appropriate
  fines; |
| --- | --- |

a)

appropriate
  fines;

| b) | confiscation of the proceeds gained by the offences referred to in paragraph 1. |
| --- | --- |

b)

confiscation of the proceeds gained by the offences referred to in paragraph 1.

In appropriate cases, Member States shall also provide for the following sanctions:

| c) | a permanent or temporary ban on engaging in commercial activities; |
| --- | --- |

c)

a permanent or temporary ban on engaging in commercial activities;

| d) | placing under judicial supervision; |
| --- | --- |

d)

placing under judicial supervision;

| e) | judicial winding-up; |
| --- | --- |

e)

judicial winding-up;

| f) | a ban on access to public assistance or subsidies; |
| --- | --- |

f)

a ban on access to public assistance or subsidies;

| g) | confiscation of the ship. |
| --- | --- |

g)

confiscation of the ship.

6.   Fines referred to in this article shall not be insurable.

7.
     
  The Commission shall ensure that the directives and regulations on maritime safety are rigorously enforced in the Member States.

Article 8

Safeguards

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

Article 9

Accompanying measures

Member States and the Commission shall cooperate, in close collaboration with the European Maritime Safety Agency and
  taking account
  of the action programme to respond to accidental or deliberate marine pollution as set up
  pursuant to
  Decision No 2850/2000/EC (8)

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

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

(a)

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

| (b) | establish common practices and guidelines for, in particular:






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

(b)

establish common practices and guidelines for, in particular:

—

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

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

—

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

| — | the effective legal enforcement of this Directive; |
| --- | --- |

—

the effective legal enforcement of this Directive;

| (c) | set a timetable for the installation of onboard monitoring equipment so as to ensure that the objectives of the Directive are achieved. The timetable shall be as follows:



  1 July 2005 — Ships Carrying Hazardous Cargo of 3 000 tons gross tonnage and above


  1 July 2006 — All Other Ships of 20 000 tons gross tonnage and above


  1 July 2007 — All Other Ships of 10 000 tons gross tonnage and above


  1 January 2008 — All Other Ships of 3 000 tons gross tonnage and above. |
| --- | --- |

(c)

set a timetable for the installation of onboard monitoring equipment so as to ensure that the objectives of the Directive are achieved. The timetable shall be as follows:

Article 10

European coastguard

1.
     
  Not later than
  ...

   (9) the Commission shall submit to the European Parliament and the Council a proposal for the creation of a European coastguard.

2.
     
  The task of the European coastguard shall be, inter alia, to carry out effective and unannounced checks on the high seas.

3.
     
  The European coastguard shall enjoy all the necessary powers in order to take the measures required for the implementation of the provisions of this Directive, where there is a justified suspicion of a pollution offence.

Article 11

Reporting

Every
  two years
  , Member States shall transmit a report to the Commission on the application by their courts and other relevant authorities of this Directive. Based on these reports, the Commission shall submit a Community report to the European Parliament and the Council.
  In this report, the Commission shall assess, inter alia, the desirability of revising or extending the scope of this Directive.

Article 12

Committee

1.   The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS), created by Article 3 of Regulation (EC) No 2099/2002 of 5 November 2002 of the European Parliament and of the Council establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) (10).

2.   Where reference is made to this paragraph, Articles 5 and 7 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission
   (11) shall apply, having regard to the provisions of Article 8 thereof.

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

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

Article 13

Amendment procedure

1.   The annexes of this Directive and the references to Marpol 73/78 may be amended in accordance with the procedure laid down in Article 12(2).

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

Article 14

Implementation

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than
  twelve
  months following the date of its entry into force and forthwith inform the Commission thereof.

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

Article 15

Entry into force

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

Article 16

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 ...

1

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

2

220, 16.9.2003, p. 72

(3)  OJ C ...

3

(4)  Position of the European Parliament of 13 January 2004.

4

Position of the European Parliament of 13 January 2004.

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

5

(6)  OJ C 364, 18.12.2000, p. 1.

6

(7)  For reference purposes, a summary of the relevant Marpol 73/78 discharge rules relating to the discharge of oil and noxious liquid substances is provided in Annex I (Part I and Part II).

7

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

8

(9)  Six months after the entry into force of this Directive.

9

(10)  OJ L 324, 29.11.2002, p. 1.

10

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

11

ANNEX I

SUMMARY, FOR REFERENCE PURPOSES, OF THE MARPOL 73/78 DISCHARGE REGULATIONS RELATING TO DISCHARGES OF OIL AND NOXIOUS LIQUID SUBSTANCES, AS REFERRED TO IN ARTICLE 2(2)

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

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

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

Regulation 9: Control of discharge of oil

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






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






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

(1)

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

(a)

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

(i)

the tanker is not within a special area;

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

(ii)

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

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

(iii)

the tanker is proceeding en route;

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

(iv)

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

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

(v)

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

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

(vi)

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

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






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

(b)

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

(i)

the ship is not within a special area;

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

(ii)

the ship is proceeding en route;

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

(iii)

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

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

(iv)

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

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

(2)

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

| (4) | The provisions of paragraph (1) of this regulation shall not apply to the discharge of clean or segregated ballast or unprocessed oily mixtures which without dilution have an oil content not exceeding 15 parts per million and which do not originate from cargo pump-room bilges and are not mixed with oil cargo residues. |
| --- | --- |

(4)

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

| (5) | No discharge into the sea shall contain chemicals or other substances in quantities or concentrations which are hazardous to the marine environment or chemicals or other substances introduced for the purpose of circumventing the conditions of discharge specified in this regulation. |
| --- | --- |

(5)

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

| (6) | The oil residues which cannot be discharged into the sea in compliance with paragraphs (1), (2) and (4) shall be retained on board or discharged to reception facilities. |
| --- | --- |

(6)

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

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

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

(1)

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

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






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

(2)

Subject to the provisions of regulation 11 of this Annex:

(a)

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

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

(b)

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

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

(3)

(a)

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

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






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

(b)

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

(i)

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

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

(ii)

the bilge water is not mixed with oil cargo residues;

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

(iii)

the ship is proceeding en route;

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

(iv)

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

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

(v)

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

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

(vi)

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

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

(4)

(a)

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

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

(b)

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

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

(5)

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

Regulation 11: Exceptions

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

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

(a)

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

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








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

(b)

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

(i)

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

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

(ii)

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

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

(c)

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

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

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

Regulation 3: Categorization and listing of noxious liquid substances

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






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

(1)

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

(a)

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

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

(b)

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

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

(c)

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

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

(d)

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

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

Regulation 5: Discharge of noxious liquid substances

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

Subject to the provisions of [...] regulation 6,

| (1) | The discharge into the sea of substances in Category A as defined in regulation 3(1)(a) or of those provisionally assessed as such or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited. If tanks containing such substances or mixtures are to be washed, the resulting residues shall be discharged to a reception facility until the concentration of the substance in the effluent to such facility is at or below 0.1 % by weight and until the tank is empty, with the exception of phosphorus, yellow or white, for which the residual concentration shall be 0.01 % by weight. Any water subsequently added to the tank may be discharged into the sea when all the following conditions are satisfied:






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

(1)

The discharge into the sea of substances in Category A as defined in regulation 3(1)(a) or of those provisionally assessed as such or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited. If tanks containing such substances or mixtures are to be washed, the resulting residues shall be discharged to a reception facility until the concentration of the substance in the effluent to such facility is at or below 0.1 % by weight and until the tank is empty, with the exception of phosphorus, yellow or white, for which the residual concentration shall be 0.01 % by weight. Any water subsequently added to the tank may be discharged into the sea when all the following conditions are satisfied:

(a)

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

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

(b)

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

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

(c)

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

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






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

(2)

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

(a)

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

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

(b)

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

| (c) | the maximum quantity of cargo discharged from each tank and its associated piping system does not exceed the maximum quantity approved in accordance with the procedures referred to in subparagraph (b), which shall in no case exceed the greater of 1 m3 or 1/30 00 of the tank capacity in m3; |
| --- | --- |

(c)

the maximum quantity of cargo discharged from each tank and its associated piping system does not exceed the maximum quantity approved in accordance with the procedures referred to in subparagraph (b), which shall in no case exceed the greater of 1 m3 or 1/30 00 of the tank capacity in m3;

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

(d)

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

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

(e)

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

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






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

(3)

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

(a)

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

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

(b)

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

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

(c)

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

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

(d)

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

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

(e)

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

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






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

(4)

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

(a)

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

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

(b)

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

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

(c)

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

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

(5)

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

| (6) | The discharge into the sea of substances which have not been categorized, provisionally assessed, or evaluated as referred to in regulation 4(1), or of ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited. |
| --- | --- |

(6)

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

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

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

| (7) | The discharge into the sea of substances in Category A as defined in regulation 3(1)(a) or of those provisionally assessed as such, or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited. If tanks containing such substances or mixtures are to be washed, the resulting residues shall be discharged to a reception facility which the States bordering the special area shall provide in accordance with regulation 7, until the concentration of the substance in the effluent to such facility is at or below 0.05 % by weight and until the tank is empty, with the exception of phosphorus, yellow or white, for which the residual concentration shall be 0.005 % by weight. Any water subsequently added to the tank may be discharged into the sea when all the following conditions are satisfied:






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

(7)

The discharge into the sea of substances in Category A as defined in regulation 3(1)(a) or of those provisionally assessed as such, or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited. If tanks containing such substances or mixtures are to be washed, the resulting residues shall be discharged to a reception facility which the States bordering the special area shall provide in accordance with regulation 7, until the concentration of the substance in the effluent to such facility is at or below 0.05 % by weight and until the tank is empty, with the exception of phosphorus, yellow or white, for which the residual concentration shall be 0.005 % by weight. Any water subsequently added to the tank may be discharged into the sea when all the following conditions are satisfied:

(a)

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

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

(b)

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

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

(c)

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

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






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

(8)

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

(a)

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

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

(b)

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

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

(c)

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

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

(d)

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

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

(e)

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

| (9) | The discharge into the sea of substances in Category C as defined in regulation 3(1)(c) or of those provisionally assessed as such, or ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited except when all the following conditions are satisfied:






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

(9)

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

(a)

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

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

(b)

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

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

(c)

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

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

(d)

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

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

(e)

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

| (10) | Ventilation procedures approved by the [flag State] Administration may be used to remove cargo residues from a tank. Such procedures shall be based upon standards developed by the [IMO]. Any water subsequently introduced into the tank shall be regarded as clean and shall not be subject to paragraph (7), (8) or (9). |
| --- | --- |

(10)

Ventilation procedures approved by the [flag State] Administration may be used to remove cargo residues from a tank. Such procedures shall be based upon standards developed by the [IMO]. Any water subsequently introduced into the tank shall be regarded as clean and shall not be subject to paragraph (7), (8) or (9).

| (11) | The discharge into the sea of substances which have not been categorized, provisionally assessed or evaluated as referred to in regulation 4(1), or of ballast water, tank washings, or other residues or mixtures containing such substances shall be prohibited. |
| --- | --- |

(11)

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

| (12) | Nothing in this regulation shall prohibit a ship from retaining on board the residues from a Category B or C cargo and discharging such residues into the sea outside a special area in accordance with paragraph (2) or (3), respectively. |
| --- | --- |

(12)

Nothing in this regulation shall prohibit a ship from retaining on board the residues from a Category B or C cargo and discharging such residues into the sea outside a special area in accordance with paragraph (2) or (3), respectively.

Regulation 6: Exceptions

Regulation 5 shall not apply to:

| (a) | the discharge into the sea of noxious liquid substances or mixtures containing such substances necessary for the purpose of securing the safety of a ship or saving life at sea; or |
| --- | --- |

(a)

the discharge into the sea of noxious liquid substances or mixtures containing such substances necessary for the purpose of securing the safety of a ship or saving life at sea; or

| (b) | the discharge into the sea of noxious liquid substances or mixtures containing such substances resulting from damage to a ship or its equipment:








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

(b)

the discharge into the sea of noxious liquid substances or mixtures containing such substances resulting from damage to a ship or its equipment:

(i)

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

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

(ii)

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

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

(c)

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

ANNEX II

NON-EXHAUSTIVE LIST OF IRREGULARITIES OR INFORMATION, AS REFERRED TO IN ARTICLE 4(1)

| (1) | Any irregularities with respect to the oil and other relevant record books, or otherwise related to potential pollution offences, discovered in port State control inspections carried out under Directive 95/21/EC; |
| --- | --- |

(1)

Any irregularities with respect to the oil and other relevant record books, or otherwise related to potential pollution offences, discovered in port State control inspections carried out under Directive 95/21/EC;

| (2) | Any irregularities with respect to the delivery of ship-generated waste or cargo residues, or the notification thereof, as required under Directive 2000/59/EC; |
| --- | --- |

(2)

Any irregularities with respect to the delivery of ship-generated waste or cargo residues, or the notification thereof, as required under Directive 2000/59/EC;

| (3) | Any information obtained from another Member State relating to potential pollution offences of the ship, obtained through the procedures foreseen in Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (1)
  or otherwise; or |
| --- | --- |

(3)

Any information obtained from another Member State relating to potential pollution offences of the ship, obtained through the procedures foreseen in Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (1)
  or otherwise; or

| (4) | Any other information by persons involved in the operation of the ship, including pilots, which suggests irregularities relating to the respect of the obligations under this Directive. |
| --- | --- |

(4)

Any other information by persons involved in the operation of the ship, including pilots, which suggests irregularities relating to the respect of the obligations under this Directive.

---

(1)  OJ L 208, 5.8.2002, p. 10.

P5_TA(2004)0010

Transfer of cargo and passenger ships between registers ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council regulation on the transfer of cargo and passenger ships between registers within the Community (COM(2003) 478 — C5-0366/2003 — 2003/0180(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 478) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 478) (1),

| — | having regard to Articles 251(2) and 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0366/2003), |
| --- | --- |

—

having regard to Articles 251(2) and 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0366/2003),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Regional Policy, Transport and Tourism (A5-0413/2003), |
| --- | --- |

—

having regard to the report of the Committee on Regional Policy, Transport and Tourism (A5-0413/2003),

| 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.

P5_TC1-COD(2003)0180

Position of the European Parliament adopted at first reading on 13 January 2004 with a view to the adoption of European Parliament and Council Regulation (EC) No .../2004 on the transfer of cargo and passenger ships between registers within the Community

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) 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 establishment and functioning of the internal market involve the elimination of technical barriers to the transfer of cargo and passenger ships between the registers of Member States. Measures to facilitate the transfer of cargo and passenger ships within the Community are also required to reduce the costs and administrative procedures involved in a change of register within the Community, thereby improving the operating conditions and the competitive position of Community shipping. |
| --- | --- |

(1)

The establishment and functioning of the internal market involve the elimination of technical barriers to the transfer of cargo and passenger ships between the registers of Member States. Measures to facilitate the transfer of cargo and passenger ships within the Community are also required to reduce the costs and administrative procedures involved in a change of register within the Community, thereby improving the operating conditions and the competitive position of Community shipping.

| (2) | It is necessary, at the same time, to safeguard a high level of ship safety and environmental protection, in compliance with International Conventions. |
| --- | --- |

(2)

It is necessary, at the same time, to safeguard a high level of ship safety and environmental protection, in compliance with International Conventions.

| (3) | The requirements set out in the 1974 International Convention for the Safety of life at Sea (1974 SOLAS), the 1966 International Convention on Load Lines (LL 1966) and the 1973 International Convention for the Prevention of Pollution from Ships, as amended by the 1978 Protocol (MARPOL 73/78) provide for a high level of ship safety and environmental protection. The International Convention on Tonnage Measurement of Ships, 1969 provides for a uniform system for the measurement of the tonnage of merchant ships. |
| --- | --- |

(3)

The requirements set out in the 1974 International Convention for the Safety of life at Sea (1974 SOLAS), the 1966 International Convention on Load Lines (LL 1966) and the 1973 International Convention for the Prevention of Pollution from Ships, as amended by the 1978 Protocol (MARPOL 73/78) provide for a high level of ship safety and environmental protection. The International Convention on Tonnage Measurement of Ships, 1969 provides for a uniform system for the measurement of the tonnage of merchant ships.

| (4) | The international regime applicable to passenger ships has been strengthened and refined through the adoption of a considerable number of amendments to 1974 SOLAS by the International Maritime Organization (IMO) and an increased convergence of the interpretations of the 1974 SOLAS rules and standards. |
| --- | --- |

(4)

The international regime applicable to passenger ships has been strengthened and refined through the adoption of a considerable number of amendments to 1974 SOLAS by the International Maritime Organization (IMO) and an increased convergence of the interpretations of the 1974 SOLAS rules and standards.

| (5) | The transfer of cargo and passenger ships flying the flag of a Member State between the registers of Member States should not be impeded by technical barriers, provided that the ships have been certified as complying with the provisions of relevant international Conventions by Member States or, on their behalf, by the organisations recognised under Council Directive 94/57/EC of 22 November 1994, on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (3). |
| --- | --- |

(5)

The transfer of cargo and passenger ships flying the flag of a Member State between the registers of Member States should not be impeded by technical barriers, provided that the ships have been certified as complying with the provisions of relevant international Conventions by Member States or, on their behalf, by the organisations recognised under Council Directive 94/57/EC of 22 November 1994, on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (3).

| (6) | A Member State receiving a ship should however remain able to apply rules which differ in scope and nature from those referred to in the Conventions listed in Article 2(a). |
| --- | --- |

(6)

A Member State receiving a ship should however remain able to apply rules which differ in scope and nature from those referred to in the Conventions listed in Article 2(a).

| (7) | In order to ensure a prompt and informed decision by the Member State of the receiving register, the Member State of the losing register should provide it with all relevant available information on the ship's condition and equipment. The Member State of the receiving register should, nevertheless, be able to subject the ship to an inspection to confirm its condition and equipment. |
| --- | --- |

(7)

In order to ensure a prompt and informed decision by the Member State of the receiving register, the Member State of the losing register should provide it with all relevant available information on the ship's condition and equipment. The Member State of the receiving register should, nevertheless, be able to subject the ship to an inspection to confirm its condition and equipment.

| (8) | Ships which have been refused access to Member States' ports under Council Directive 95/21/EC of 19 June 1995, concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) (4) or which have been detained more than once following an inspection in the port during the three years preceding the application for registration should not be able to benefit from the possibility of being transferred under the simplified system to another register within the Community. |
| --- | --- |

(8)

Ships which have been refused access to Member States' ports under Council Directive 95/21/EC of 19 June 1995, concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) (4) or which have been detained more than once following an inspection in the port during the three years preceding the application for registration should not be able to benefit from the possibility of being transferred under the simplified system to another register within the Community.

| (9) | Relevant International Conventions leave important points of interpretation of the requirements to the discretion of the Parties. On the basis of their own interpretation, Member States issue to all ships flying their flags, that are subject to the provisions of relevant International Conventions, certificates certifying their compliance with these provisions. Member States enforce national technical regulations, some provisions of which contain requirements other than those in the Conventions and in associated technical standards. An appropriate procedure should therefore be established in order to reconcile divergences in the interpretation of existing requirements which may occur upon a request for transfer of register. |
| --- | --- |

(9)

Relevant International Conventions leave important points of interpretation of the requirements to the discretion of the Parties. On the basis of their own interpretation, Member States issue to all ships flying their flags, that are subject to the provisions of relevant International Conventions, certificates certifying their compliance with these provisions. Member States enforce national technical regulations, some provisions of which contain requirements other than those in the Conventions and in associated technical standards. An appropriate procedure should therefore be established in order to reconcile divergences in the interpretation of existing requirements which may occur upon a request for transfer of register.

| (10) | In order to enable the implementation of this Regulation to be monitored, Member States should provide the Commission with succinct yearly reports. In the first yearly report Member States should identify any measures taken to facilitate the implementation of this Regulation. |
| --- | --- |

(10)

In order to enable the implementation of this Regulation to be monitored, Member States should provide the Commission with succinct yearly reports. In the first yearly report Member States should identify any measures taken to facilitate the implementation of this Regulation.

| (11) | The provisions of Council Regulation (EEC) No 613/91 of 4 March 1991 on the transfer of ships from one register to another within the Community (5), are significantly reinforced and extended by this Regulation. Regulation (EEC) No 613/91 should therefore be repealed. |
| --- | --- |

(11)

The provisions of Council Regulation (EEC) No 613/91 of 4 March 1991 on the transfer of ships from one register to another within the Community (5), are significantly reinforced and extended by this Regulation. Regulation (EEC) No 613/91 should therefore be repealed.

| (12) | 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 (6), |
| --- | --- |

(12)

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 (6),

HAVE ADOPTED THIS REGULATION:

Article 1

Purpose

The purpose of this Regulation is to eliminate technical barriers to the transfer of cargo and passenger ships flying the flag of a Member State between the registers of the Member States while, at the same time, ensuring a high level of ship safety and environmental protection, in accordance with International Conventions.

Article 2

Definitions

For the purposes of this Regulation:

| (a) | ‘Conventions‧means the 1974 International Convention for the Safety of Life at Sea (1974 SOLAS), the 1966 International Convention on Load Lines (LL66), the 1969 International Convention on Tonnage Measurement of Ships, and the 1973 International Convention for the Prevention of Pollution from Ships, as amended by the 1978 Protocol relating thereto (MARPOL 73/78), in their up-to-date versions, and related codes of mandatory status adopted in the framework of the International Maritime Organisation (IMO), together with Protocols and amendments thereto in their up-to-date versions; |
| --- | --- |

(a)

‘Conventions‧means the 1974 International Convention for the Safety of Life at Sea (1974 SOLAS), the 1966 International Convention on Load Lines (LL66), the 1969 International Convention on Tonnage Measurement of Ships, and the 1973 International Convention for the Prevention of Pollution from Ships, as amended by the 1978 Protocol relating thereto (MARPOL 73/78), in their up-to-date versions, and related codes of mandatory status adopted in the framework of the International Maritime Organisation (IMO), together with Protocols and amendments thereto in their up-to-date versions;

| (b) | ‘Requirements‧means the safety, security and pollution-prevention requirements relating to the construction and equipment of ships laid down in the Conventions and, for passenger ships engaged on domestic voyages, those set out in Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships (7); |
| --- | --- |

(b)

‘Requirements‧means the safety, security and pollution-prevention requirements relating to the construction and equipment of ships laid down in the Conventions and, for passenger ships engaged on domestic voyages, those set out in Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships (7);

| (c) | ‘Certificates‧means certificates, documents and statements of compliance issued by a Member State or by a recognised organisation on its behalf in accordance with the Conventions and, for passenger ships engaged on domestic voyages, those issued in accordance with Article 11 of Directive 98/18/EC; |
| --- | --- |

(c)

‘Certificates‧means certificates, documents and statements of compliance issued by a Member State or by a recognised organisation on its behalf in accordance with the Conventions and, for passenger ships engaged on domestic voyages, those issued in accordance with Article 11 of Directive 98/18/EC;

| (d) | ‘Passenger ship‧means a ship carrying more than twelve passengers; |
| --- | --- |

(d)

‘Passenger ship‧means a ship carrying more than twelve passengers;

| (e) | ‘Passenger‧ means every person other than:






  i) | the master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship; and |
| --- | --- | --- |

(e)

‘Passenger‧ means every person other than:

i)

the master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship; and

| ii) | a child under one year of age; |
| --- | --- |

ii)

a child under one year of age;

| (f) | ‘Domestic voyage‧means a voyage in sea areas from a port of a Member State to the same or another port within that Member State; |
| --- | --- |

(f)

‘Domestic voyage‧means a voyage in sea areas from a port of a Member State to the same or another port within that Member State;

| (g) | ‘International voyage‧means a voyage by sea from a port of a Member State to a port outside that Member State, or conversely; |
| --- | --- |

(g)

‘International voyage‧means a voyage by sea from a port of a Member State to a port outside that Member State, or conversely;

| (h) | ‘Cargo ship‧means a ship which is not a passenger ship; |
| --- | --- |

(h)

‘Cargo ship‧means a ship which is not a passenger ship;

| (i) | ‘Recognised organisation‧means an organisation recognised in accordance with Article 4 of Directive 94/57/EC. |
| --- | --- |

(i)

‘Recognised organisation‧means an organisation recognised in accordance with Article 4 of Directive 94/57/EC.

Article 3

Scope

1.   This Regulation shall apply to:

| (a) | cargo ships, carrying valid certificates, which:






  (i) | were built on or after 25 May 1980, or |
| --- | --- | --- |

(a)

cargo ships, carrying valid certificates, which:

(i)

were built on or after 25 May 1980, or

| (ii) | were built before that date, but have been certified by a Member State or by a recognised organisation acting on its behalf as complying with the regulations for new ships defined in 1974 SOLAS, or, in the case of chemical tankers and gas carriers, with the relevant Standard codes for ships built on or after 25 May 1980; |
| --- | --- |

(ii)

were built before that date, but have been certified by a Member State or by a recognised organisation acting on its behalf as complying with the regulations for new ships defined in 1974 SOLAS, or, in the case of chemical tankers and gas carriers, with the relevant Standard codes for ships built on or after 25 May 1980;

| (b) | passenger ships engaged on domestic and/or international voyages, carrying valid certificates, which:






  (i) | were built on or after 1 July 1998, or |
| --- | --- | --- |

(b)

passenger ships engaged on domestic and/or international voyages, carrying valid certificates, which:

(i)

were built on or after 1 July 1998, or

| (ii) | were built before that date, but have been certified by a Member State or by a recognised organisation acting on its behalf as complying with the requirements set out for ships built on or after 1 July 1998:






  — | in Directive 98/18/EC, for ships engaged on domestic voyages, |
| --- | --- | --- |

(ii)

were built before that date, but have been certified by a Member State or by a recognised organisation acting on its behalf as complying with the requirements set out for ships built on or after 1 July 1998:

—

in Directive 98/18/EC, for ships engaged on domestic voyages,

| — | in 1974 SOLAS, for ships engaged on international voyages. |
| --- | --- |

—

in 1974 SOLAS, for ships engaged on international voyages.

2.   This Regulation shall not apply to:

| (a) | ships following delivery after completion of their construction that do not carry valid full-term certificates from the Member State of the losing register; |
| --- | --- |

(a)

ships following delivery after completion of their construction that do not carry valid full-term certificates from the Member State of the losing register;

| (b) | ships that have been refused access to Member States' ports in accordance with Directive 95/21/EC during the three years preceding application for registration and to ships that have been detained following inspection in the port of a State signatory of the Paris Memorandum of Understanding of 1982 on Port State Control and for reasons relating to the requirements defined in Article 2(b), more than once during the three years preceding application for registration. Member States shall nevertheless give due and timely consideration to applications in respect of such ships; |
| --- | --- |

(b)

ships that have been refused access to Member States' ports in accordance with Directive 95/21/EC during the three years preceding application for registration and to ships that have been detained following inspection in the port of a State signatory of the Paris Memorandum of Understanding of 1982 on Port State Control and for reasons relating to the requirements defined in Article 2(b), more than once during the three years preceding application for registration. Member States shall nevertheless give due and timely consideration to applications in respect of such ships;

| (c) | ships of war or troopships, or other ships owned or operated by a Member State and used only on government non-commercial service; |
| --- | --- |

(c)

ships of war or troopships, or other ships owned or operated by a Member State and used only on government non-commercial service;

| (d) | ships not propelled by mechanical means, wooden ships of primitive build, pleasure yachts not engaged in trade or a fishing vessel; |
| --- | --- |

(d)

ships not propelled by mechanical means, wooden ships of primitive build, pleasure yachts not engaged in trade or a fishing vessel;

| (e) | cargo ships of less than 500 gross tonnage. |
| --- | --- |

(e)

cargo ships of less than 500 gross tonnage.

Article 4

Transfer of register

1.   A Member State shall not withhold from registration, for technical reasons arising from the Conventions, a ship registered in another Member State which complies with the requirements and carries valid certificates and equipment approved or type-approved in accordance with Council Directive 96/98/EC of 20 December 1996 on marine equipment (8).

In order to fulfil their obligations under regional environmental instruments ratified before 1 January 1992, Member States may impose additional rules in accordance with the optional Annexes to the Conventions.

2.   This Article shall apply without prejudice, where applicable, to any specific requirements laid down for the operation of a ship under Article 7 of Directive 98/18/EC and Article 6 of Directive 2003/25/EC of the European Parliament and of the Council of 14 April 2003 on specific stability requirements for ro-ro passenger ships (9).

3.   Upon receiving the request for transfer, the Member State of the losing register shall provide the Member State of the receiving register, or make available to the recognised organisation acting on its behalf, all relevant information on the ship, in particular, on her condition and equipment. This information shall contain the history file of the vessel and, if applicable, a list of the improvements required by the losing register for registering the ship or renewing her certificates and of overdue surveys. The information shall include all the certificates and particulars of the ship as required by the Conventions and relevant Community instruments as well as Flag State inspection and Port State control records. The Member States shall cooperate to ensure proper implementation of this paragraph.

4.   Before registering a ship, the Member State of the receiving register, or the recognised organisation acting on its behalf, may subject the ship to an inspection to confirm that the actual condition of the ship and her equipment correspond to the certificates referred to in Article 3. The inspection shall be performed within a reasonable time frame.

5.   If, following the inspection and having given the ship owner a reasonable opportunity to rectify any deficiencies, the Member State of the receiving register, or the recognised organisation acting on its behalf, is unable to confirm correspondence with the certificates, it shall notify the Commission in accordance with Article 6(1).

Article 5

Certificates

1.   Upon the transfer and without prejudice to Directive 94/57/EC, the Member State of the receiving register, or the recognised organisation acting on its behalf, shall issue certificates to the ship under the same conditions as those under the flag of the Member State of the losing register, provided the reasons or the grounds on the basis of which the Member State of the losing register imposed any condition or granted any exemption or waiver continue to apply.

2.   At the time of renewal, extension or revision of the certificates, the Member State of the receiving register, or the recognised organisation acting on its behalf, shall not impose requirements other than those initially prescribed for the full-term certificates insofar as requirements for existing ships and conditions remain unchanged.

Article 6

Refusal of transfer and interpretation

1.   The Member State of the receiving register shall immediately notify the Commission of any refusal to issue, or to authorise the issuing of, new certificates to a ship for reasons based on divergences of interpretation of the requirements or of the provisions which the Conventions or relevant Community instruments leave to the discretion of the Parties.

Unless the Commission is informed of an agreement between the Member States concerned within one month, it shall initiate proceedings in order to take a decision in accordance with the procedure referred to in Article 7(2).

2.   Where a Member State considers that a ship cannot be registered under Article 4 for reasons relating to serious danger to safety, security or to the environment, other than those referred to in paragraph 1, registration may be suspended.

The Member State shall immediately bring the matter to the attention of the Commission, stating the reasons for the suspension of the registration. The decision not to register the ship shall be confirmed or not in accordance with the procedure referred to in Article 7(2).

3.   The Commission may consult the Committee referred to in Article 7 on any matter related to the interpretation and implementation of this Regulation, in particular in order to ensure that standards of safety, security and environmental protection are not reduced.

Article 7

Committee procedure

1.   The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) set up by Article 3 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and amending the Regulations on maritime safety and the prevention of pollution from ships (10) (‘Committee‧).

2.   Where reference is made to this paragraph, Articles 5 and 7 of Council 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 two months.

3.   The Committee shall adopt its Rules of Procedure.

Article 8

Reporting

1.   Member States shall transmit to the Commission a succinct yearly report on the implementation of this Regulation. The report shall provide statistical data on the transfer of ships carried out in accordance with this Regulation and list any difficulties encountered in its implementation.

2.   By ... (11) the Commission shall submit a report to the European Parliament and the Council on the implementation of this Regulation, based in part on the reports submitted by the Member States. In this report, the Commission shall assess, inter alia, whether it is appropriate to amend the Regulation.

Article 9

Amendments

1.   The definitions in Article 2 may be amended in accordance with the procedure referred to in Article 7(2) in order to take account of developments at international level, in particular, in the IMO and to improve the effectiveness of this Regulation in the light of experience and of technical progress, insofar as such amendments do not broaden the scope of this Regulation.

2.   Any amendment to the Conventions may be excluded from the scope of this Regulation, pursuant to Article 5 of Regulation (EC) No 2099/2002.

Article 10

Repeal

Regulation (EEC) No 613/91 is hereby repealed.

Article 11

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 ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C ...

1

(2)  Position of the European Parliament of 13 January 2004.

2

(3)  OJ L 319, 12.12.1994, p. 20. Directive as last amended by Directive 2002/84/EC of the European Parliament and of the Council (OJ L 324, 29.11.2002, p. 53).

3

(4)  OJ L 157, 7.7.1995, p. 1. Directive as last amended by Directive 2002/84/EC.

4

(5)  OJ L 68, 15.3.1991, p. 1. Regulation as amended by Regulation (EC) No 2099/2002 of the European Parliament and of the Council (OJ L 324, 29.11.2002, p. 1).

5

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

6

(7)  OJ L 144, 15.5.1998, p. 1. Directive as last amended by Commission Directive 2003/75/EC (OJ L 190, 30.7.2003, p. 6).

7

(8)  OJ L 46, 17.2.1997, p. 25. Directive as last amended by Directive 2002/84/EC.

8

(9)  OJ L 123, 17.5.2003, p. 22.

9

(10)  OJ L 324, 29.11.2002, p. 1.

10

(11)  Four years after the date of entry into force of this Regulation.

11

P5_TA(2004)0011

Management of nuclear waste *

European Parliament legislative resolution on the proposal for a Council Directive (Euratom) on the management of spent nuclear fuel and radioactive waste (COM(2003) 32 — C5-0229/2003 — 2003/0022(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2003) 32) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2003) 32) (1),

| — | having regard to Articles 31 and 32 of the Euratom Treaty, pursuant to which the Council consulted Parliament (C5-0229/2003), |
| --- | --- |

—

having regard to Articles 31 and 32 of the Euratom Treaty, pursuant to which the Council consulted Parliament (C5-0229/2003),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, External Trade, Research and Energy and the opinion of the Committee on the Environment, Public Health and Consumer Policy (A5-0442/2003), |
| --- | --- |

—

having regard to the report of the Committee on Industry, External Trade, Research and Energy and the opinion of the Committee on the Environment, Public Health and Consumer Policy (A5-0442/2003),

| 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 119, second paragraph, of the Euratom Treaty; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 119, second paragraph, of the Euratom Treaty;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

3.

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

| 4. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

4.

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

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

5.

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

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| Recital 12a (new) |
| | (12a) The International Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management entitles any State to ban import into its territory of foreign spent fuel and radioactive waste, thus no Member State shall ever be obliged to accept imports of any kind of radioactive waste from other Member States. |
| Amendment 16 |
| Article 1, paragraph 1, point (b) |
| (b) | to achieve and maintain
  a high
  level of safety in the management of spent nuclear fuel and radioactive waste in order to protect human health and the environment by taking all necessary precautionary and preventive measures, and with a view to ensuring
  adequate
  levels of protection are achieved throughout the Community in a consistent and effective manner; |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

Recital 12a (new)

(12a) The International Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management entitles any State to ban import into its territory of foreign spent fuel and radioactive waste, thus no Member State shall ever be obliged to accept imports of any kind of radioactive waste from other Member States.

Amendment 16

Article 1, paragraph 1, point (b)

(b)

to achieve and maintain
  a high
  level of safety in the management of spent nuclear fuel and radioactive waste in order to protect human health and the environment by taking all necessary precautionary and preventive measures, and with a view to ensuring
  adequate
  levels of protection are achieved throughout the Community in a consistent and effective manner;

| (b) | to achieve and maintain
  the highest
  level of safety in the management of spent nuclear fuel and radioactive waste in order to protect human health and the environment by taking all necessary precautionary and preventive measures, and with a view to ensuring
  the highest
  levels of protection
  that are technically possible
  are achieved throughout the Community in a consistent and effective manner; |
| --- | --- |

(b)

to achieve and maintain
  the highest
  level of safety in the management of spent nuclear fuel and radioactive waste in order to protect human health and the environment by taking all necessary precautionary and preventive measures, and with a view to ensuring
  the highest
  levels of protection
  that are technically possible
  are achieved throughout the Community in a consistent and effective manner;

Amendment 2

Article 2, point 3

(3) ‘disposal‧ means the emplacement of solid or solidified radioactive waste, including spent fuel, in an appropriate facility
  without the intention of retrieval
  ;

(3) ‘disposal‧ means the emplacement of solid or solidified radioactive waste, including spent fuel, in an appropriate
  above-ground or underground
  facility;

Amendment 3

Article 2, point 15

(15) ‘storage‧ means the holding of radioactive waste or spent nuclear fuel in
  a
  facility that provides for its containment, with the intention of retrieval.

(15) ‘storage‧ means the holding of radioactive waste or spent nuclear fuel in
  an appropriate above-ground or underground
  facility that provides for its containment, with the intention of retrieval.

Amendment 19

Article 3, paragraph 1

1. Member States shall take all necessary measures to ensure that spent nuclear fuel and radioactive waste are managed
  in such a way that individuals, society and the environment are adequately protected against radiological hazards
  .

1. Member States shall take all necessary measures to ensure that spent nuclear fuel and radioactive waste are managed
  without endangering human health or the environment, in particular without using processes or methods that could result in the radioactive contamination of water, soil or airspace
  .

Amendment 4

Article 3, paragraph 3

3. Member States shall take all the necessary legislative, regulatory and administrative measures and other steps required to ensure the safe management of spent nuclear fuel and radioactive waste.

3. Member States shall take all the necessary legislative, regulatory and administrative measures and other steps required to ensure the safe
  monitoring and
  management of spent nuclear fuel and radioactive waste,
  including the possibility of retrieving the waste for repackaging, or the use of alternative mechanisms for safe disposal if necessary
  .

Amendment 5

Article 3, paragraph 6

6. Member States shall ensure that there will be effective public information and, where appropriate, participation in order to achieve a high level of transparency on issues related to the management of spent nuclear fuel and radioactive waste under their jurisdiction.

6. Member States shall ensure that there will be effective public information and, where appropriate, participation in order to achieve a high level of transparency on issues related to the management of spent nuclear fuel and radioactive waste under their jurisdiction.
  The public shall be informed of the actions to be taken and the status of the decision-making process, and in particular of the criteria adopted for the choice of sites for final disposal.

The Commission shall implement a European Programme to increase the general public awareness of nuclear waste management.

Amendment 22

Article 3, paragraph 6a (new)

6a. Certain methods of disposal of radioactive waste shall be excluded for environmental reasons, including:

| — | dumping at sea |
| --- | --- |

—

dumping at sea

| — | disposal in under-sea repositories |
| --- | --- |

—

disposal in under-sea repositories

| — | disposal in space. |
| --- | --- |

—

disposal in space.

Amendment 6

Article 4, paragraph 3

3. Where there is no suitable alternative to disposal, and where such a disposal option is not yet available,
  Member States shall integrate the following decision points into their programmes:

3. Where there is no suitable alternative to disposal, and where such a disposal option is not yet available,
  each Member State shall prepare and present to the Commission, no later than 2006, a detailed programme for the long-term management of all the radioactive waste types under its jurisdiction. The programme shall include all the different steps described in the Annex.

Once the programme has been approved by the Council, each Member State shall fix its own deadlines to put the programme in force. In particular, Member States shall set deadlines for the authorisation for development of appropriate disposal sites and for authorisation for operation of disposal facilities. Such deadlines shall be consistent with the best technologies available at the time of the preparation of the programme.

| (a) | authorisation for development of appropriate disposal site(s) to be granted no later than 2008. In the case of geological disposal of high-level and long-lived radioactive waste, this authorisation may be conditional upon a further period of detailed underground study; |
| --- | --- |

(a)

authorisation for development of appropriate disposal site(s) to be granted no later than 2008. In the case of geological disposal of high-level and long-lived radioactive waste, this authorisation may be conditional upon a further period of detailed underground study;

| (b) | in the case of short-lived low and intermediate-level radioactive waste, if this is to be disposed of separately from high-level and long-lived radioactive waste, authorisation for operation of the disposal facility to be granted no later than 2013; |
| --- | --- |

(b)

in the case of short-lived low and intermediate-level radioactive waste, if this is to be disposed of separately from high-level and long-lived radioactive waste, authorisation for operation of the disposal facility to be granted no later than 2013;

| (c) | in the case of high-level and long-lived radioactive waste, to be disposed of in a geological repository, authorisation for operation of the |
| --- | --- |

(c)

in the case of high-level and long-lived radioactive waste, to be disposed of in a geological repository, authorisation for operation of the

Amendment 7

Article 4, paragraph 3a (new)

3a. Each Member State shall publish national individual programmes, covering all stages of waste management, up to and including the implementation of permanent disposal solutions. Such programmes shall integrate the technical, geological, political and economic considerations specific to each country.

Member States shall, by 2006, submit to the Commission a national programme setting their own timescales for the final disposal of waste, taking into account their particular legislative and political circumstances.

Once the national programmes have been submitted, they shall be peer-reviewed by the Commission and the national regulators in close cooperation so that they can be implemented accordingly.

Amendment 8

Article 4, paragraph 6

6. The programme may include shipments of radioactive waste or spent fuel to another Member State or third country if such shipments are fully in compliance with existing EU legislation, principally Directive 92/3/Euratom, and International commitments, are covered by firm contracts and only take place
  to
  States with appropriate facilities that meet
  accepted
  norms and standards
  of the Member State of origin and,
  in the case of material within the meaning of Article 197 of the Treaty,
  are under
  adequate safeguards.

6. The programme may include shipments of radioactive waste or spent fuel to another Member State or third country if such shipments are fully in compliance with existing EU legislation, principally Directive 92/3/Euratom, and International commitments, are covered by firm contracts and only take place
  with the prior written informed consent of
  States with appropriate facilities that meet
  EU and international
  norms and standards,
  principally the International Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management.
  In the case of material within the meaning of Article 197 of the Treaty, adequate safeguards
  must be applied
  .

Amendment 9

Article 5, title

Research and technological development in radioactive waste management

Research and technological development in radioactive waste management
  and minimisation

Amendment 10

Article 5, paragraph 2

2. Based on the regular reports by Member States required under Article 7 of this Directive, the Commission shall identify common areas of research and technological development that could be co-ordinated at the Community level,
  taking
  fully into account the activities under the research and training programmes adopted pursuant to Article 7 of the Treaty.

2. Based on the regular reports by Member States required under Article 7 of this Directive, the Commission shall identify common areas of research and technological development that could be co-ordinated at the Community level,
  with priority being given to the reduction of waste. It shall take
  fully into account the activities under the research and training programmes adopted pursuant to Article 7 of the Treaty.

Amendment 11

Article 5, paragraph 3

3. The Commission shall encourage co-operation between the Member States in common areas of research and technological development in line with the provisions of Chapter 1 of Title II of the Treaty.
  To this end
  specific tasks may be entrusted to one or more Joint Undertakings to be established under Chapter 5 of Title II of the Treaty.

3. The Commission shall encourage co-operation between the Member States in common areas of research and technological development in line with the provisions of Chapter 1 of Title II of the Treaty,
  mainly through the instruments of the Framework Programmes for Research and Technological Development. When appropriate,
  specific
  and clearly defined
  tasks may be entrusted to one or more Joint Undertakings to be established under Chapter 5 of Title II of the Treaty.

Amendment 28

Article 5a (new)

Article 5a

Financial resources

1. Member States shall ensure that financial resources sufficient to cover the decommissioning and waste management costs of each nuclear installation, taking into account the length of time required, are available as funds at the time envisaged. These funds must meet the minimum criteria set out in the Annex, and of any relevant directive under the EC Treaty. Furthermore, by ... (2) the Commission shall propose legislation, under the EC Treaty, to ensure the availability of funds for future decommissioning and to avoid obstacles to fair competition in the energy market. Member States must adopt separate accounting for the financing of future decommissioning or waste management activities. These funds must be reviewed and audited annually by an independent body, such as the regulator or regulatory bodies, to verify that the revenues and the associated interest raised for these future activities shall only be used for these purposes, i.e. for decommissioning or waste management activities, and not used directly or indirectly to fund activities in the market.

2. In the case of nuclear installations whose main purpose is other than the sale of products or services, in particular research reactors, Member States shall determine the means of meeting the specific decommissioning resource requirements.

Amendment 29

Annex 1a (new)

ANNEX 1a

1. The decommissioning funds shall be created from contributions by operators of nuclear installations during their operation, in order to reach a level of resources, at the time of the final shutdown, sufficient to cover all expenses related to decommissioning and waste management as defined in paragraph 2.

2. Contributions shall be made to the fund in line with the case of a nuclear installation whose operation will cease before the end of its estimated service life and with the estimated original service life of the installation and with the decommissioning and radioactive waste management strategies chosen, in such a manner as to cover, in particular, decommissioning of the installation; safe, long-term management of the conventional and radioactive wastes from decommissioning of the installation; and safe, long-term management of the spent fuel from nuclear power stations and of the wastes from reprocessing operations not already fully covered as an operational cost.

3. The assets of the funds shall be managed in a manner ensuring liquidity compatible with the timetable for the decommissioning and waste management obligations and the costs set out in paragraph 2.

4. The assets of the funds are to be used only to cover the costs set out in paragraph 2 in line with the decommissioning strategy and may not be used for other purposes. To this end, the decommissioning funds shall be duly established with their own legal personality, separate from the operator of the installation.

5. In the case of a nuclear installation whose operation will cease before the entry into force of the legislative, regulatory and administrative provisions set out in article 10 of this Directive; or within... [period to be decided] of the entry into force of these provisions, approaches other than the creation of decommissioning funds as required by this Directive may be taken.

6. Member States shall define the method by which the necessary resources for decommissioning, already accumulated by the operator before the entry into force of measures taken to implement this Directive, shall be transferred. These transfers must take place within one year from the date envisaged in Article 8.

---

(1)  Not yet published in OJ.

(2)  
  Six months after the adoption of this Directive.

P5_TA(2004)0012

Nuclear safety *

European Parliament legislative resolution on the proposal for a Council (Euratom) directive setting out basic obligations and general principles on the safety of nuclear installations (COM(2003) 32 — C5-0228/2003 — 2003/0021(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2003) 32) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2003) 32) (1),

| — | having regard to Articles 31, 32 and 187 of the Euratom Treaty, pursuant to which the Council consulted Parliament (C5-0228/2003), |
| --- | --- |

—

having regard to Articles 31, 32 and 187 of the Euratom Treaty, pursuant to which the Council consulted Parliament (C5-0228/2003),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, External Trade, Research and Energy and the opinion of the Committee on the Environment, Public Health and Consumer Policy (A5-0441/2003), |
| --- | --- |

—

having regard to the report of the Committee on Industry, External Trade, Research and Energy and the opinion of the Committee on the Environment, Public Health and Consumer Policy (A5-0441/2003),

| 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 119, second paragraph, of the Euratom Treaty; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 119, second paragraph, of the Euratom Treaty;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

3.

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

| 4. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

4.

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

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

5.

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

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| Recital 3 |
| (3) Article 187 of the Treaty stipulates that the Commission may, within the limits and under the conditions laid down by the Council in accordance with the provisions of this Treaty, collect any information and carry out any checks required for the performance of the tasks entrusted to it. | Deleted |
| Amendment 2 |
| Recital 7 |
| (7) Although the radiation protection system created by the basic standards in force ensures a high level of protection for the health of the population based on current scientific knowledge on this subject, this must be supplemented
  by strict application
  of safety
  standards designed to anticipate and control the risks of exposure for the population. In
  nuclear installations
  in particular, keeping
  up high safety
  standards at all stages
  from conception to decommissioning by maintaining effective defences against radiological risks and preventing accidents which could have radiological consequences is a sine qua non in order fully to attain the objectives of health protection set out in Article 2(b) of the Treaty. | (7) Although the radiation protection system created by the basic standards in force ensures a high level of protection for the health of the population based on current scientific knowledge on this subject, this must be supplemented
  to ensure that a high level
  of safety
  of
  nuclear installations
  is maintained. Keeping
  up
  a
  high
  level of
  safety from conception to decommissioning by maintaining effective defences against radiological risks and preventing accidents which could have radiological consequences is a sine qua non in order fully to attain the objectives of health protection set out in Article 2(b) of the Treaty. |
| Amendment 3 |
| Recital 8 |
| (8) Despite a degree of harmonisation, today the nuclear safety measures still vary widely from one Member State to another. This diversity becomes even greater in view of the forthcoming enlargement of the European Union. At present, this diversity of standards does not allow the Community to satisfy itself that the health protection requirements of Article 2(b) of the Treaty are always applied in the best possible way. In order for the Community to ensure that
  the
  uniform safety standards as required by
  this provision
  are applied, these basic standards for radiation protection must be supplemented by common safety standards to the extent necessary to eliminate hazards to the life and health of the public. | (8) Despite a degree of harmonisation, today the nuclear safety measures still vary widely from one Member State to another. This diversity becomes even greater in view of the forthcoming enlargement of the European Union. At present, this diversity of standards does not allow the Community to satisfy itself that the health protection requirements of Article 2(b) of the Treaty are always applied in the best possible way.
  The European Atomic Energy Community, by joining the Convention on Nuclear Safety which entered into force on 24 October 1996, committed itself to respecting an internationally recognised high level of nuclear safety.
  In order for the Community to ensure that
  the principles of this Convention are respected at Community level and that
  ‘uniform safety standards‧ as required by
  Article 2(b) of the Euratom Treaty
  are applied, these basic standards for radiation protection must be supplemented by common safety standards to the extent necessary to eliminate hazards to the life and health of the public. |
| Amendment 4 |
| Recital 10 |
| (10) In order to attain the Community objectives regarding radioprotection mentioned above, it is essential
  as a first stage
  to define the basic obligations and general principles on the safety of nuclear installations. | (10) In order to attain the Community objectives regarding radioprotection mentioned above, it is essential to define the basic obligations and general principles on the safety of nuclear installations.
  The prime responsibility for the safety of a nuclear installation rests with the licence holder under the control of its national safety authorities
  . |
| Amendment 5 |
| Recital 11 |
| (11) Safe decommissioning of nuclear installations,
  including
  the long-term management of radioactive waste and spent nuclear fuel,
  calls
  for substantial financial resources. In order to avoid any danger to human health or to the environment, it is necessary
  to guarantee at Community level
  that sufficient financial resources will be available to complete decommissioning activities at nuclear installations in conformity with safety standards. To this end, specific rules must be
  put
  in place for the establishment of
  decommissioning funds to which operators of nuclear installations will have to contribute regularly
  throughout the productive service life of the installations.
  In order to guarantee the availability and the adequacy of funds for decommissioning operations it is necessary to set up, except in specific and properly justified cases, funds with their own legal personality separate from the operator of the installation. | (11)
  It is necessary that adequate financial resources be available to support the safety of nuclear installations, even beyond their operational lifetime.
  Safe decommissioning of nuclear installations
  as well as
  the long-term management of radioactive waste and spent nuclear fuel
  call
  for substantial financial resources. In order to avoid any danger to human health or to the environment, it is necessary
  that each Member State ensures
  that sufficient financial resources will be available to complete decommissioning activities at nuclear installations in conformity with safety standards. To this end, specific rules must be in place
  in each Member State
  for the establishment of
  such financial resources
  throughout the productive service life of the installations. |
| Amendment 6 |
| Recital 14 |
| (14) In order to monitor application of rules set up in conformity with this Directive, the Commission must
  be able to check
  the manner in which safety authorities carry out their duties and
  to meet their obligations under this Directive and to receive
  reports
  from
  the Member States
  indicating the measures which they have taken
  , | (14) In order to monitor the application of rules set up in conformity with this Directive, the Commission must,
  on the one hand, verify with a peer review mechanism
  the manner in which safety authorities carry out their duties and,
  on the other hand, implement a procedure for reviewing the
  reports
  sent by
  the Member States
  in conformity with this Directive
  , |
| Amendment 7 |
| Article 1 |
| 1. In order to ensure the protection of the general public and of workers against the dangers of ionising radiation from nuclear installations, this Directive
  sets out the basic obligations and general principles which allow the Community to satisfy itself by ensuring a high level of safety of nuclear installations that
  the basic standards laid down under Article 30 of the Treaty
  are applied
  . | 1. In order to ensure the protection of the general public and of workers against the dangers of ionising radiation from nuclear installations, this Directive
  supplements
  the basic standards laid down under Article 30 of the Treaty
  as regards the safety of such installations by setting out relevant basic obligations and principles
  . |
| 2. This Directive applies to all nuclear installations, including after the end of their operation. | 2. This Directive applies to
  all uranium mines and
  all nuclear installations, including after the end of their operation. |
| Amendment 8 |
| Article 2, point 2 |
| (2) ‘Common safety standards‧ means all the rules drawn up in accordance with this Directive
  on the basis of the general principles set out in Title III
  ; | (2) ‘Common safety standards‧ means all the rules drawn up in accordance with
  Articles 3 to 12 of
  this Directive; |
| Amendment 9 |
| Article 2, paragraph 1a (new) |
| | State-of-the-art safety standards require that technical, regulatory and operational regimes correspond to the best possible practices presently deployed or under development in the EU. In addition, Member States shall be required to seek to improve these safety standards constantly. |
| Amendment 28 |
| Article 5, point (da) (new) |
| | (da) | to ensure that nuclear facilities are operated to a standard that reflects the state-of-the-art practices in the European Union in technical, regulatory and operational respects. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

Recital 3

(3) Article 187 of the Treaty stipulates that the Commission may, within the limits and under the conditions laid down by the Council in accordance with the provisions of this Treaty, collect any information and carry out any checks required for the performance of the tasks entrusted to it.

Deleted

Amendment 2

Recital 7

(7) Although the radiation protection system created by the basic standards in force ensures a high level of protection for the health of the population based on current scientific knowledge on this subject, this must be supplemented
  by strict application
  of safety
  standards designed to anticipate and control the risks of exposure for the population. In
  nuclear installations
  in particular, keeping
  up high safety
  standards at all stages
  from conception to decommissioning by maintaining effective defences against radiological risks and preventing accidents which could have radiological consequences is a sine qua non in order fully to attain the objectives of health protection set out in Article 2(b) of the Treaty.

(7) Although the radiation protection system created by the basic standards in force ensures a high level of protection for the health of the population based on current scientific knowledge on this subject, this must be supplemented
  to ensure that a high level
  of safety
  of
  nuclear installations
  is maintained. Keeping
  up
  a
  high
  level of
  safety from conception to decommissioning by maintaining effective defences against radiological risks and preventing accidents which could have radiological consequences is a sine qua non in order fully to attain the objectives of health protection set out in Article 2(b) of the Treaty.

Amendment 3

Recital 8

(8) Despite a degree of harmonisation, today the nuclear safety measures still vary widely from one Member State to another. This diversity becomes even greater in view of the forthcoming enlargement of the European Union. At present, this diversity of standards does not allow the Community to satisfy itself that the health protection requirements of Article 2(b) of the Treaty are always applied in the best possible way. In order for the Community to ensure that
  the
  uniform safety standards as required by
  this provision
  are applied, these basic standards for radiation protection must be supplemented by common safety standards to the extent necessary to eliminate hazards to the life and health of the public.

(8) Despite a degree of harmonisation, today the nuclear safety measures still vary widely from one Member State to another. This diversity becomes even greater in view of the forthcoming enlargement of the European Union. At present, this diversity of standards does not allow the Community to satisfy itself that the health protection requirements of Article 2(b) of the Treaty are always applied in the best possible way.
  The European Atomic Energy Community, by joining the Convention on Nuclear Safety which entered into force on 24 October 1996, committed itself to respecting an internationally recognised high level of nuclear safety.
  In order for the Community to ensure that
  the principles of this Convention are respected at Community level and that
  ‘uniform safety standards‧ as required by
  Article 2(b) of the Euratom Treaty
  are applied, these basic standards for radiation protection must be supplemented by common safety standards to the extent necessary to eliminate hazards to the life and health of the public.

Amendment 4

Recital 10

(10) In order to attain the Community objectives regarding radioprotection mentioned above, it is essential
  as a first stage
  to define the basic obligations and general principles on the safety of nuclear installations.

(10) In order to attain the Community objectives regarding radioprotection mentioned above, it is essential to define the basic obligations and general principles on the safety of nuclear installations.
  The prime responsibility for the safety of a nuclear installation rests with the licence holder under the control of its national safety authorities
  .

Amendment 5

Recital 11

(11) Safe decommissioning of nuclear installations,
  including
  the long-term management of radioactive waste and spent nuclear fuel,
  calls
  for substantial financial resources. In order to avoid any danger to human health or to the environment, it is necessary
  to guarantee at Community level
  that sufficient financial resources will be available to complete decommissioning activities at nuclear installations in conformity with safety standards. To this end, specific rules must be
  put
  in place for the establishment of
  decommissioning funds to which operators of nuclear installations will have to contribute regularly
  throughout the productive service life of the installations.
  In order to guarantee the availability and the adequacy of funds for decommissioning operations it is necessary to set up, except in specific and properly justified cases, funds with their own legal personality separate from the operator of the installation.

(11)
  It is necessary that adequate financial resources be available to support the safety of nuclear installations, even beyond their operational lifetime.
  Safe decommissioning of nuclear installations
  as well as
  the long-term management of radioactive waste and spent nuclear fuel
  call
  for substantial financial resources. In order to avoid any danger to human health or to the environment, it is necessary
  that each Member State ensures
  that sufficient financial resources will be available to complete decommissioning activities at nuclear installations in conformity with safety standards. To this end, specific rules must be in place
  in each Member State
  for the establishment of
  such financial resources
  throughout the productive service life of the installations.

Amendment 6

Recital 14

(14) In order to monitor application of rules set up in conformity with this Directive, the Commission must
  be able to check
  the manner in which safety authorities carry out their duties and
  to meet their obligations under this Directive and to receive
  reports
  from
  the Member States
  indicating the measures which they have taken
  ,

(14) In order to monitor the application of rules set up in conformity with this Directive, the Commission must,
  on the one hand, verify with a peer review mechanism
  the manner in which safety authorities carry out their duties and,
  on the other hand, implement a procedure for reviewing the
  reports
  sent by
  the Member States
  in conformity with this Directive
  ,

Amendment 7

Article 1

1. In order to ensure the protection of the general public and of workers against the dangers of ionising radiation from nuclear installations, this Directive
  sets out the basic obligations and general principles which allow the Community to satisfy itself by ensuring a high level of safety of nuclear installations that
  the basic standards laid down under Article 30 of the Treaty
  are applied
  .

1. In order to ensure the protection of the general public and of workers against the dangers of ionising radiation from nuclear installations, this Directive
  supplements
  the basic standards laid down under Article 30 of the Treaty
  as regards the safety of such installations by setting out relevant basic obligations and principles
  .

2. This Directive applies to all nuclear installations, including after the end of their operation.

2. This Directive applies to
  all uranium mines and
  all nuclear installations, including after the end of their operation.

Amendment 8

Article 2, point 2

(2) ‘Common safety standards‧ means all the rules drawn up in accordance with this Directive
  on the basis of the general principles set out in Title III
  ;

(2) ‘Common safety standards‧ means all the rules drawn up in accordance with
  Articles 3 to 12 of
  this Directive;

Amendment 9

Article 2, paragraph 1a (new)

State-of-the-art safety standards require that technical, regulatory and operational regimes correspond to the best possible practices presently deployed or under development in the EU. In addition, Member States shall be required to seek to improve these safety standards constantly.

Amendment 28

Article 5, point (da) (new)

(da)

Amendment 10

Article 5a (new)

Article 5a

Responsibility for the safety of the nuclear facilities

1. The responsibility for the safety of nuclear installations shall rest with the Member State having jurisdiction over the nuclear installation concerned.

2. Member States shall take the necessary measures to ensure that the prime responsibility for the safety of a nuclear installation rests with the holder of the relevant licence under the control of their regulatory bodies, in particular with regard to the control of the installation and to the individual measures related to it.

3. Member States shall take the appropriate measures to ensure that each licence holder meets its responsibilities.

Amendment 11

Article 6, paragraph 1

1. Member States shall take all appropriate measures to ensure that in the course of all practices directly related to nuclear installations
  due
  priority is given to nuclear safety.

1. Member States shall take all appropriate measures to ensure that in the course of all practices directly related to nuclear installations
  absolute
  priority is given to nuclear safety.

Amendment 29

Article 6a (new)

Article 6a

Protection of the population

1. Member States shall ensure that the measures for operational protection of the population pursuant to Article 44 of Directive 96/29/Euratom take account of the nuclear safety aspects at all stages of the nuclear fuel cycle and, in particular:

| (a) | that the examination and approval of plans for nuclear installations and of the proposed siting of such installations also take account of the nuclear safety aspects; |
| --- | --- |

(a)

that the examination and approval of plans for nuclear installations and of the proposed siting of such installations also take account of the nuclear safety aspects;

| (b) | that the acceptance into service of such new installations also takes account of the nuclear safety aspects; and |
| --- | --- |

(b)

that the acceptance into service of such new installations also takes account of the nuclear safety aspects; and

| (c) | that the operating licence for nuclear installations also takes account of the nuclear safety aspects. |
| --- | --- |

(c)

that the operating licence for nuclear installations also takes account of the nuclear safety aspects.

2. Member States shall ensure that the exposure suffered by the general public and by workers to ionising radiation during construction, operation and decommissioning is restricted to the lowest level that is technically achievable.

Amendment 12

Article 7, paragraph 1

1. Member States shall require the undertakings responsible for the nuclear installations to operate them in accordance with the
  common
  safety standards applicable to them and with the regulations laid down by the safety authority and any measures taken by the same authority.

1. Member States shall require the undertakings responsible for the nuclear installations to operate them in accordance with the safety standards applicable to them and with the regulations laid down by the safety authority and any measures taken by the same authority.

This does not mean any transfer of competence from the national authorities to the Commission without the approval of legally binding rules to this effect.

Amendment 30

Article 9, paragraph 2

2. Member States shall ensure that financial resources sufficient to cover decommissioning costs of each nuclear installation, taking into account the length of time required, are available as
  decommissioning
  funds at the time envisaged. These funds must meet the minimum criteria set out in the annex.

2. Member States shall ensure that financial resources sufficient to cover the decommissioning
  and waste management
  costs of each nuclear installation, taking into account the length of time required, are available as funds at the time envisaged. These funds must meet the minimum criteria set out in the Annex
  and any relevant directive under the EC Treaty. Furthermore, by ...  (2), the Commission shall propose legislation, under the EC Treaty, to ensure the availability of funds for future decommissioning and to avoid obstacles to fair competition in the energy market. Member States shall adopt separate accounting for the financing of future decommissioning or waste management activities. These funds shall be reviewed and audited annually by an independent body, such as the regulator or regulatory bodies, to verify that the revenues and the associated interest raised for these future activities shall only be used for these purposes, i.e. for decommissioning or waste management activities, and not used directly or indirectly to fund activities in the market.

Amendments 14 and 15

Article 9, paragraph 3

| 3 (a) | Member States shall ensure that financial resources built up for decommissioning:







  — | offer liquidity compatible with the timetable for decommissioning operations; |
| --- | --- | --- |

3 (a)

—

offer liquidity compatible with the timetable for decommissioning operations;

| — | are exclusively assigned to decommissioning operations, without prejudice to an optimal and careful management of these assets; |
| --- | --- |

—

are exclusively assigned to decommissioning operations, without prejudice to an optimal and careful management of these assets;

| — | are guaranteed in the event of the bankruptcy of the operator, and may not be used to make good any liabilities. |
| --- | --- |

—

are guaranteed in the event of the bankruptcy of the operator, and may not be used to make good any liabilities.

(3)
  In the case of nuclear installations whose main purpose is other than the sale of products or services, in particular research reactors, Member States determine the means of meeting the specific decommissioning resource requirements.

| (b) | In the case of nuclear installations whose main purpose is other than the sale of products or services, in particular research reactors, Member States
  shall
  determine the means of meeting the specific decommissioning resource requirements. |
| --- | --- |

(b)

In the case of nuclear installations whose main purpose is other than the sale of products or services, in particular research reactors, Member States
  shall
  determine the means of meeting the specific decommissioning resource requirements.

Amendment 16

Article 9, paragraph 3a (new)

3a. In the case of a nuclear installation whose operation will cease before the entry into force of the legislative, regulatory and administrative provisions set out in this Directive or within... [period to be decided] of the entry into force of these provisions, solutions other than the creation of financial resources intended for decommissioning as required by this Directive may be taken, provided that the decommissioning of this installation is ensured under equivalent conditions of safety.

Amendment 17

Article 9, paragraph 3b (new)

3b. Member States shall define the method for bringing into conformity with this Directive the financial resources already accumulated for decommissioning. This must take place within at least three years of the date envisaged in Article 15(1).

Amendment 18

Article 11a (new)

Article 11a

Committee

1. A Regulatory Authorities Committee (hereinafter ‘the Committee‧) is hereby established in order to prepare and assess the reviews carried out in accordance with this Directive.

2. This Committee shall be composed of representatives of the regulatory bodies designated by the Member States.

The Committee shall adopt its rules of procedure.

Amendment 19

Article 12

1. In order to ensure the maintenance of a high level of nuclear safety in Member States, the Commission shall
  carry out verifications of safety authorities
  . Member States shall ensure that safety authorities comply with these
  verifications
  .

1. In order to ensure the maintenance of a high level of nuclear safety in Member States, the Commission shall
  organise reviews of regulatory bodies
  . Member States shall ensure that safety authorities comply with these
  reviews
  .

The Commission is responsible for all the costs of these verifications of safety authorities in the Member States.

2.
  Member States shall send the Commission a list of experts, indicating their fields of expertise, on whom the Commission shall call to carry out the verifications provided for in paragraph 1
  .

2.
  These reviews shall be carried out, according to a peer review mechanism, by experts designated by the regulatory bodies of the Member States. To this end, Member States shall communicate to the Commission a list of experts, indicating their fields of expertise
  .

3. The experts shall obtain prior approval from the
  safety authorities
  in the Member State where the
  verification
  is to be carried out before they may carry out the
  verifications
  provided for in paragraph 1. Experts shall not be allocated for
  verifications
  within their Member State of origin.

3. The experts shall obtain prior approval from the
  regulatory body
  in the Member State where the
  review
  is to be carried out before they may carry out the
  reviews
  provided for in paragraph 1. Experts shall
  carry out reviews on an ad hoc basis and
  shall not be allocated for
  reviews
  within their Member State of origin.

4. The review programme shall be drawn up by the Committee.

4.
  Prior to the
  verification
  , the Commission shall inform the Member State concerned of the
  verification
  , specifying
  the
  subject-matter,
  the purpose of the inspection
  , the date on which it is to begin and the
  names of the approved experts
  .

5.
  Prior to the
  review
  , the Commission shall inform the Member State concerned of the
  review
  , specifying
  its
  subject-matter, the date on which it is to begin and the
  identities of the persons in charge of the review
  .

5. The Commission shall forward the verification reports to the Member State concerned which, within three months of receipt, shall indicate the measures taken to remedy any shortcoming.

6. Within three months of the review, a report shall be drawn up by the review team. The Commission shall convene the Committee to make a presentation of the review report. The Committee shall give an opinion on the report.

6. The Commission may submit comments to the Member States or request further information following verifications in order to clarify all or part of the reports.

7. The Commission shall forward the review report, along with the opinion of the Committee, to the Member State concerned. The Member State concerned shall, within three months of receipt, present its observations and indicate the measures taken to remedy any shortcomings.

Amendment 20

Article 13, paragraph 1

1. Member States shall submit a report to the Commission every
  year
  from the date provided for in Article 15 paragraph 1 on the measures taken to fulfil their obligations under this Directive and on the safety situation in nuclear installations located on their territory. The Commission shall organise meetings with Member States in order to examine these reports.

1. Member States shall submit a report to the Commission every
  two years
  from the date provided for in Article 15 paragraph 1 on the measures taken to fulfil their obligations under this Directive and on the safety situation in nuclear installations located on their territory. The Commission shall organise meetings with Member States in order to examine these reports.

Amendment 21

Article 15, paragraph 1

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before ...[before 1 May 2004]. They shall
  forthwith inform
  the Commission
  thereof
  .

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before ...[before 1 May 2004]. They shall
  communicate immediately to
  the Commission
  the text of these provisions and a table showing the correlations between those provisions and this Directive
  .

Amendment 22

Article 16

This Directive shall enter into force the twentiest day after its publication in the Official Journal of the European
  Communities
  .

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

Amendment 23

Annex

The Annex is deleted.

---

(1)  Not yet published in OJ.

(2)  
  Six months after the adoption of this Directive.

P5_TA(2004)0013

Euratom loans for nuclear power stations *

European Parliament legislative resolution on the proposal for a Council decision amending Decision 77/270/Euratom empowering the Commission to issue Euratom loans for the purpose of contributing to the financing of nuclear power stations (COM(2002) 456 — C5-0570/2002 — 2002/0246(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2002) 456) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2002) 456) (1),

| — | having regard to Articles 1, 2, 172 and 203 of the Euratom Treaty, pursuant to which the Council consulted Parliament (C5-0570/2002), |
| --- | --- |

—

having regard to Articles 1, 2, 172 and 203 of the Euratom Treaty, pursuant to which the Council consulted Parliament (C5-0570/2002),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, External Trade, Research and Energy and the opinion of the Committee on the Environment, Public Health and Consumer Policy (A5-0443/2003), |
| --- | --- |

—

having regard to the report of the Committee on Industry, External Trade, Research and Energy and the opinion of the Committee on the Environment, Public Health and Consumer Policy (A5-0443/2003),

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

1.

Approves the Commission proposal as amended;

| 2. | Regrets not being consulted on the Commission's proposal (COM(2002) 457) (2); |
| --- | --- |

2.

Regrets not being consulted on the Commission's proposal (COM(2002) 457) (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 Commission proposal substantially, particularly if Commission proposals are to be merged to form a single document (COM(2002) 456 and COM(2002) 457); |
| --- | --- |

5.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially, particularly if Commission proposals are to be merged to form a single document (COM(2002) 456 and COM(2002) 457);

| 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.

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| Recital 6 |
| (6) Priority should be given to projects related to
  nuclear
  safety
  and efficiency
  of
  installations
  in service or under construction,
  as well as
  to the decommissioning of installations. | (6) Priority should be given to projects related to
  improving the
  safety of
  nuclear power plants
  in service or under construction,
  to installations in the nuclear fuel cycle
  , to the decommissioning of installations,
  as well as to the establishment of facilities for storage and disposal of radioactive waste and spent fuel
  . |
| Amendment 2 |
| Recital 6a (new) |
| | (6a) Research projects and pilot installations for the safe final storage of nuclear waste should be supported. |
| Amendment 3 |
| Recital 6b (new) |
| | (6b) These standards should reflect the state of the art. |
| Amendment 4 |
| Recital 6c (new) |
| | (6c) Transitional provisions should be drawn up fixing deadlines for the decommissioning of existing nuclear power stations which cannot be upgraded cost-effectively. |
| Amendment 5 |
| Recital 6d (new) |
| | (6d) The same conditions should apply to all forms of energy (e.g. renewable energy) and an end should be put to the distortions of competition ensuing from support for nuclear energy. |
| Amendment 6 |
| Recital 6e (new) |
| | (6e) Funding of projects for reactors which cannot be upgraded to internationally acceptable safety standards at reasonable cost should be confined to short-term safety improvements which prove necessary in order to maintain the reactors in operation. |
| Amendment 7 |
| Recital 6f (new) |
| | (6f) Funding should not be provided for reactors which cannot be upgraded to internationally acceptable safety standards at reasonable cost and in respect of which a timetable has been set for the definitive cessation of operations. |
| Amendment 8 |
| Recital 6g (new) |
| | (6g) Funding should not be granted for projects in third countries which are in breach of or fail to comply with their international commitments to strengthen nuclear safety and decommission their reactors which cannot be upgraded to internationally acceptable safety standards at reasonable cost. |
| Amendment 9 |
| ARTICLE 1, PARAGRAPH 1
  Article 1, paragraph 1, introduction (Decision 77/270/Euratom) |
| The Commission is hereby empowered to contract, on behalf of the European Atomic Energy Community (Euratom), and within the limits fixed by the Council, borrowings, the proceeds of which will be allocated in the form of loans to finance,
  within the Community, investment projects relating to the industrial production of electricity in nuclear power stations and to industrial installations in the nuclear fuel cycle. The Commission shall also be empowered to contract, within the same limits, borrowings, the proceeds of which will be allocated in the form of loans to finance projects to increase the safety and efficiency of the nuclear power stations
  within the Member States
  or the non-member countries listed in the Annex to Decision 94/179/Euratom.
  For these projects to be eligible they must: | The Commission is hereby empowered to contract, on behalf of the European Atomic Energy Community (Euratom), and within the limits fixed by the Council, borrowings, the proceeds of which will be allocated in the form of loans to finance
  projects to increase nuclear safety
  within the Member States,
  Central and Eastern European countries, the Russian Federation, the Republic of Armenia and Ukraine.
  For these projects to be eligible they must: |
| Amendment 10 |
| ARTICLE 1, PARAGRAPH 1
  Article 1, subparagraph 1, indent 2a (new) (Decision 77/270/Euratom) |
| | — | not be related to third countries which are in breach of or fail to comply with their international commitments to strengthen nuclear safety and decommission their reactors which cannot be upgraded to internationally acceptable safety standards at reasonable cost. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

Recital 6

(6) Priority should be given to projects related to
  nuclear
  safety
  and efficiency
  of
  installations
  in service or under construction,
  as well as
  to the decommissioning of installations.

(6) Priority should be given to projects related to
  improving the
  safety of
  nuclear power plants
  in service or under construction,
  to installations in the nuclear fuel cycle
  , to the decommissioning of installations,
  as well as to the establishment of facilities for storage and disposal of radioactive waste and spent fuel
  .

Amendment 2

Recital 6a (new)

(6a) Research projects and pilot installations for the safe final storage of nuclear waste should be supported.

Amendment 3

Recital 6b (new)

(6b) These standards should reflect the state of the art.

Amendment 4

Recital 6c (new)

(6c) Transitional provisions should be drawn up fixing deadlines for the decommissioning of existing nuclear power stations which cannot be upgraded cost-effectively.

Amendment 5

Recital 6d (new)

(6d) The same conditions should apply to all forms of energy (e.g. renewable energy) and an end should be put to the distortions of competition ensuing from support for nuclear energy.

Amendment 6

Recital 6e (new)

(6e) Funding of projects for reactors which cannot be upgraded to internationally acceptable safety standards at reasonable cost should be confined to short-term safety improvements which prove necessary in order to maintain the reactors in operation.

Amendment 7

Recital 6f (new)

(6f) Funding should not be provided for reactors which cannot be upgraded to internationally acceptable safety standards at reasonable cost and in respect of which a timetable has been set for the definitive cessation of operations.

Amendment 8

Recital 6g (new)

(6g) Funding should not be granted for projects in third countries which are in breach of or fail to comply with their international commitments to strengthen nuclear safety and decommission their reactors which cannot be upgraded to internationally acceptable safety standards at reasonable cost.

Amendment 9

ARTICLE 1, PARAGRAPH 1

Article 1, paragraph 1, introduction (Decision 77/270/Euratom)

The Commission is hereby empowered to contract, on behalf of the European Atomic Energy Community (Euratom), and within the limits fixed by the Council, borrowings, the proceeds of which will be allocated in the form of loans to finance,
  within the Community, investment projects relating to the industrial production of electricity in nuclear power stations and to industrial installations in the nuclear fuel cycle. The Commission shall also be empowered to contract, within the same limits, borrowings, the proceeds of which will be allocated in the form of loans to finance projects to increase the safety and efficiency of the nuclear power stations
  within the Member States
  or the non-member countries listed in the Annex to Decision 94/179/Euratom.
  For these projects to be eligible they must:

The Commission is hereby empowered to contract, on behalf of the European Atomic Energy Community (Euratom), and within the limits fixed by the Council, borrowings, the proceeds of which will be allocated in the form of loans to finance
  projects to increase nuclear safety
  within the Member States,
  Central and Eastern European countries, the Russian Federation, the Republic of Armenia and Ukraine.
  For these projects to be eligible they must:

Amendment 10

ARTICLE 1, PARAGRAPH 1

Article 1, subparagraph 1, indent 2a (new) (Decision 77/270/Euratom)

—

Amendment 11

Annex paragraph 2.4.1.1, subparagraph 2a, point a) (new)

| a) | Funding of projects for reactors which cannot be upgraded to internationally acceptable safety standards at reasonable cost should be confined to short-term safety improvements which prove necessary in order to maintain them in operation. |
| --- | --- |

a)

Amendment 12

Annex paragraph 2.4.1.1, subparagraph 2a, point b) (new)

| b) | Funding should not be provided for reactors which cannot be upgraded to internationally acceptable safety standards at reasonable cost and in respect of which a timetable has been set for the definitive cessation of operations. |
| --- | --- |

b)

Amendment 13

Annex paragraph 2.4.1.1, subparagraph 2a, point c) (new)

| c) | Funding will not be granted for projects in third countries which are in breach of or fail to comply with their international commitments to strengthen nuclear safety and decommission their reactors which cannot be upgraded to internationally acceptable safety standards at reasonable cost. |
| --- | --- |

c)

---

(1)  OJ C 45 E, 25.2.2003, p. 194.

(2)  OJ C 45 E, 25.2.2003, p.201.

P5_TA(2004)0014

Arctic agriculture

European Parliament resolution on Arctic agriculture (2003/2051(INI))

The European Parliament,

| — | having regard to the goal set out in the Presidency Conclusions of the Luxembourg European Council on 12 December 1997 , according to which ‘European agriculture must, as an economic sector, be versatile, sustainable, competitive and spread throughout European territory, including regions with specific problems‧, |
| --- | --- |

—

having regard to the goal set out in the Presidency Conclusions of the Luxembourg European Council on 12 December 1997 , according to which ‘European agriculture must, as an economic sector, be versatile, sustainable, competitive and spread throughout European territory, including regions with specific problems‧,

| — | having regard to the Presidency Conclusions of the Berlin European Council on 24 and 25 March 1999 (point 20), which sought to ensure that agriculture would be multifunctional, sustainable, competitive, and spread throughout Europe, including regions with specific problems, and, in addition, capable of maintaining the countryside, conserving nature, and making a key contribution to the vitality of rural life, |
| --- | --- |

—

having regard to the Presidency Conclusions of the Berlin European Council on 24 and 25 March 1999 (point 20), which sought to ensure that agriculture would be multifunctional, sustainable, competitive, and spread throughout Europe, including regions with specific problems, and, in addition, capable of maintaining the countryside, conserving nature, and making a key contribution to the vitality of rural life,

| — | having regard to the Presidency Conclusions of the Brussels European Council on 24 and 25 October 2002 (point 12), which stated that the needs of producers living in the disadvantaged regions of the present European Union should be safeguarded and that multifunctional agriculture would be maintained in all areas of Europe, in accordance with the conclusions of the 1997 Luxembourg European Council and the 1999 Berlin European Council, |
| --- | --- |

—

having regard to the Presidency Conclusions of the Brussels European Council on 24 and 25 October 2002 (point 12), which stated that the needs of producers living in the disadvantaged regions of the present European Union should be safeguarded and that multifunctional agriculture would be maintained in all areas of Europe, in accordance with the conclusions of the 1997 Luxembourg European Council and the 1999 Berlin European Council,

| — | having regard to its resolution of 9 March 1999 on a new strategy for agriculture in arctic regions (1), |
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—

having regard to its resolution of 9 March 1999 on a new strategy for agriculture in arctic regions (1),

| — | having regard to its position of 5 June 2003 on the proposal for a Council regulation establishing common rules for direct support schemes under the common agricultural policy and support schemes for producers of certain crops (2), |
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—

having regard to its position of 5 June 2003 on the proposal for a Council regulation establishing common rules for direct support schemes under the common agricultural policy and support schemes for producers of certain crops (2),

| — | having regard to its position of 5 June 2003 on the proposal for a Council regulation amending Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and repealing Regulation (EC) No 2826/2000 (3), |
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—

having regard to its position of 5 June 2003 on the proposal for a Council regulation amending Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and repealing Regulation (EC) No 2826/2000 (3),

| — | having regard to its positions of 5 June 2003 on the proposal for a Council regulation amending Regulation (EC) No 1255/1999 on the common organisation of the market in milk and milk products (4) and on the proposal for a Council regulation establishing a levy in the milk and milk-products sector (5), |
| --- | --- |

—

having regard to its positions of 5 June 2003 on the proposal for a Council regulation amending Regulation (EC) No 1255/1999 on the common organisation of the market in milk and milk products (4) and on the proposal for a Council regulation establishing a levy in the milk and milk-products sector (5),

| — | having regard to Rule 163 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 163 of its Rules of Procedure,

| — | having regard to the report of the Committee on Agriculture and Rural Development (A5-0463/2003), |
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—

having regard to the report of the Committee on Agriculture and Rural Development (A5-0463/2003),

| A. | whereas the cold climate is a permanent competitive handicap in the EU's subarctic farming regions, where the effective temperature sum in the growing season ranges from 400 °C to 1 300 °C; whereas the areas in question comprise Finland, the parts of Sweden north of Stockholm, parts of Scotland and the Alps and the northern coast of Estonia, |
| --- | --- |

A.

whereas the cold climate is a permanent competitive handicap in the EU's subarctic farming regions, where the effective temperature sum in the growing season ranges from 400 °C to 1 300 °C; whereas the areas in question comprise Finland, the parts of Sweden north of Stockholm, parts of Scotland and the Alps and the northern coast of Estonia,

| B. | whereas the short growing and grazing season resulting from the cold climate entails additional costs where arable farming and stockbreeding are concerned, |
| --- | --- |

B.

whereas the short growing and grazing season resulting from the cold climate entails additional costs where arable farming and stockbreeding are concerned,

| C. | whereas for every 100 °C drop in the temperature sum, yield falls by about 400 kg per hectare, |
| --- | --- |

C.

whereas for every 100 °C drop in the temperature sum, yield falls by about 400 kg per hectare,

| D. | whereas the range of crops suitable for growing in the EU's northern regions is narrow and the related processing costs are high, |
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D.

whereas the range of crops suitable for growing in the EU's northern regions is narrow and the related processing costs are high,

| E. | having regard to the higher transport and processing costs caused by long distances and low population density, |
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E.

having regard to the higher transport and processing costs caused by long distances and low population density,

| F. | whereas direct support for arable crops under the common agricultural policy is less generous in the EU's northern regions, even though the need is greater; whereas, in addition, the yield obtainable from the usable plant varieties is appreciably lower and the market value per kilogramme lower, |
| --- | --- |

F.

whereas direct support for arable crops under the common agricultural policy is less generous in the EU's northern regions, even though the need is greater; whereas, in addition, the yield obtainable from the usable plant varieties is appreciably lower and the market value per kilogramme lower,

| G. | whereas, when EU enlargement goes ahead, ten new Member States will join, each with different needs as regards agricultural support; whereas the problems for Community agricultural policy will be exacerbated by the broad spectrum of farming areas differing in social terms and in terms of natural conditions and economic imperatives, |
| --- | --- |

G.

whereas, when EU enlargement goes ahead, ten new Member States will join, each with different needs as regards agricultural support; whereas the problems for Community agricultural policy will be exacerbated by the broad spectrum of farming areas differing in social terms and in terms of natural conditions and economic imperatives,

| H. | whereas the problems of the countryside in northern regions are being aggravated by the flight from the land and cuts in services; whereas agriculture still has an important role to play in preventing the depopulation of remote farming areas; whereas lost farming jobs are not easy to replace, |
| --- | --- |

H.

whereas the problems of the countryside in northern regions are being aggravated by the flight from the land and cuts in services; whereas agriculture still has an important role to play in preventing the depopulation of remote farming areas; whereas lost farming jobs are not easy to replace,

| I. | whereas, in the reform of the common agricultural policy, greater emphasis has been laid on rural development measures; whereas rural development measures will in future become more important in guaranteeing the prerequisites for viable agriculture and in preventing the depopulation and maintaining the vitality of the countryside, especially in subarctic northern regions, |
| --- | --- |

I.

whereas, in the reform of the common agricultural policy, greater emphasis has been laid on rural development measures; whereas rural development measures will in future become more important in guaranteeing the prerequisites for viable agriculture and in preventing the depopulation and maintaining the vitality of the countryside, especially in subarctic northern regions,

| J. | whereas the northernmost parts of Finnish and Swedish Lapland do not have their own specialities apart from reindeer meat; whereas it is impossible to expand reindeer herding, because the number of reindeer cannot exceed the capacity of the winter pastures, |
| --- | --- |

J.

whereas the northernmost parts of Finnish and Swedish Lapland do not have their own specialities apart from reindeer meat; whereas it is impossible to expand reindeer herding, because the number of reindeer cannot exceed the capacity of the winter pastures,

| K. | whereas reindeer herding is an important means of livelihood for the Sami, northern Europe's only aboriginal people, |
| --- | --- |

K.

whereas reindeer herding is an important means of livelihood for the Sami, northern Europe's only aboriginal people,

| L. | whereas safe, high-quality foodstuffs are the fundamental starting point for a consumer-based food economy, |
| --- | --- |

L.

whereas safe, high-quality foodstuffs are the fundamental starting point for a consumer-based food economy,

| M. | having regard to the high educational and skill levels of farmers in northern farming regions, |
| --- | --- |

M.

having regard to the high educational and skill levels of farmers in northern farming regions,

| N. | having regard to the high standard of environmental protection and the purity of water and the soil, |
| --- | --- |

N.

having regard to the high standard of environmental protection and the purity of water and the soil,

| O. | having regard to the family farming model, also typically found in northern Europe, which guarantees farm animal health and welfare and enables crops to be grown using virtually no pesticides, |
| --- | --- |

O.

having regard to the family farming model, also typically found in northern Europe, which guarantees farm animal health and welfare and enables crops to be grown using virtually no pesticides,

| P. | whereas the Union is aiming to promote the use of renewable energy sources and the sustainable use of non-renewable natural resources, |
| --- | --- |

P.

whereas the Union is aiming to promote the use of renewable energy sources and the sustainable use of non-renewable natural resources,

| Q. | whereas a thriving agricultural sector in turn helps to preserve the natural and man-made landscape, |
| --- | --- |

Q.

whereas a thriving agricultural sector in turn helps to preserve the natural and man-made landscape,

| R. | welcoming the fact that silage grass aid and the drying allowance were introduced under the common agricultural policy in 2000; whereas, however, these measures are insufficient to offset the problems caused by permanent climatic handicaps, |
| --- | --- |

R.

welcoming the fact that silage grass aid and the drying allowance were introduced under the common agricultural policy in 2000; whereas, however, these measures are insufficient to offset the problems caused by permanent climatic handicaps,

| S. | welcoming the fact that the Union provides aid for less favoured areas (LFAs); whereas, however, the EU finances that aid only in part; whereas support for less favoured areas will become more important in future in ensuring the survival of agriculture and preventing rural depopulation when the common agricultural policy switches to an aid system decoupled from production, |
| --- | --- |

S.

welcoming the fact that the Union provides aid for less favoured areas (LFAs); whereas, however, the EU finances that aid only in part; whereas support for less favoured areas will become more important in future in ensuring the survival of agriculture and preventing rural depopulation when the common agricultural policy switches to an aid system decoupled from production,

| T. | whereas in the common agricultural policy the Community has failed to take the problems of northern farming regions sufficiently into account; whereas, on the contrary, it has proved necessary in some countries to resort to supplementary aid payable from national resources, |
| --- | --- |

T.

whereas in the common agricultural policy the Community has failed to take the problems of northern farming regions sufficiently into account; whereas, on the contrary, it has proved necessary in some countries to resort to supplementary aid payable from national resources,

| U. | whereas the sustainable economic use of forests is of considerable significance to subarctic rural areas as a source of employment opportunities, |
| --- | --- |

U.

whereas the sustainable economic use of forests is of considerable significance to subarctic rural areas as a source of employment opportunities,

| 1. | Considers it essential to realise the goals charted in the conclusions of the European Councils in December 1997 in Luxembourg, March 1999 in Berlin, and October 2002 in Brussels, according to which agriculture has to be multifunctional, sustainable, competitive, and spread throughout Europe, including regions with specific problems; considers that agriculture in that form can, in addition, help to preserve the countryside and protect the natural environment and can make a key contribution to the vitality of rural life and to safeguarding the fragile social structure of rural areas; |
| --- | --- |

1.

Considers it essential to realise the goals charted in the conclusions of the European Councils in December 1997 in Luxembourg, March 1999 in Berlin, and October 2002 in Brussels, according to which agriculture has to be multifunctional, sustainable, competitive, and spread throughout Europe, including regions with specific problems; considers that agriculture in that form can, in addition, help to preserve the countryside and protect the natural environment and can make a key contribution to the vitality of rural life and to safeguarding the fragile social structure of rural areas;

| 2. | Believes that the rules governing international agricultural trade have to recognise more clearly that production conditions vary in different parts of the globe and farming tasks are not confined to food production alone; |
| --- | --- |

2.

Believes that the rules governing international agricultural trade have to recognise more clearly that production conditions vary in different parts of the globe and farming tasks are not confined to food production alone;

| 3. | Calls on the IGC to include a provision in the constitutional treaty recognising the permanent special status of sparsely populated regions in difficulty and enabling them to develop; |
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3.

Calls on the IGC to include a provision in the constitutional treaty recognising the permanent special status of sparsely populated regions in difficulty and enabling them to develop;

| 4. | Notes that changing the common agricultural policy is a task requiring a long time-frame, in which a fair-minded approach should be brought to bear in order to safeguard food production, not least in subarctic areas; points out that food production in those areas is impossible unless agricultural production pays; |
| --- | --- |

4.

Notes that changing the common agricultural policy is a task requiring a long time-frame, in which a fair-minded approach should be brought to bear in order to safeguard food production, not least in subarctic areas; points out that food production in those areas is impossible unless agricultural production pays;

| 5. | Urges the Commission, whenever it produces a significant agricultural proposal, likewise to make regional impact assessments specifying the effects of the proposal on, among other things, subarctic agriculture; |
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5.

Urges the Commission, whenever it produces a significant agricultural proposal, likewise to make regional impact assessments specifying the effects of the proposal on, among other things, subarctic agriculture;

| 6. | Takes the view that direct aids under the common agricultural policy, based on the 1992 decision to reform agricultural and rural development policy, were not designed to allow for the special conditions in subarctic farming areas, although this would have been necessary once Austria, Sweden, and Finland joined the Union in 1995; |
| --- | --- |

6.

Takes the view that direct aids under the common agricultural policy, based on the 1992 decision to reform agricultural and rural development policy, were not designed to allow for the special conditions in subarctic farming areas, although this would have been necessary once Austria, Sweden, and Finland joined the Union in 1995;

| 7. | Believes that, for as long as subarctic northern regions are not taken into account for direct aid purposes, provision should be made in rural development measures for northern regions, which pose difficulties, especially from the point of view of their natural conditions; considers that measures should likewise be possible to tailor to northern conditions; |
| --- | --- |

7.

Believes that, for as long as subarctic northern regions are not taken into account for direct aid purposes, provision should be made in rural development measures for northern regions, which pose difficulties, especially from the point of view of their natural conditions; considers that measures should likewise be possible to tailor to northern conditions;

| 8. | Believes that when the common policy for the countryside is reformed in the future, the criteria to observe should be such as to be suitable for northern farming regions and ensure that profitable agriculture and a sufficient income level will be objectives eligible for Community funding; |
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8.

Believes that when the common policy for the countryside is reformed in the future, the criteria to observe should be such as to be suitable for northern farming regions and ensure that profitable agriculture and a sufficient income level will be objectives eligible for Community funding;

| 9. | Considers it important that public services should also operate in sparsely populated northern farming regions; |
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9.

Considers it important that public services should also operate in sparsely populated northern farming regions;

| 10. | Proposes that the Commission lay down clear definitions and criteria based on climate, the length of the growing season, low population density, and outlying position so as to ensure that permanent handicaps can be taken into account when support schemes are drawn up; |
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10.

Proposes that the Commission lay down clear definitions and criteria based on climate, the length of the growing season, low population density, and outlying position so as to ensure that permanent handicaps can be taken into account when support schemes are drawn up;

| 11. | Considers it important that subarctic farming areas should have the possibility of producing food locally, among other things for environmental protection and animal welfare reasons; |
| --- | --- |

11.

Considers it important that subarctic farming areas should have the possibility of producing food locally, among other things for environmental protection and animal welfare reasons;

| 12. | Believes that agricultural entrepreneurship and motivation to work must be kept alive by maintaining the necessary linkage to production; |
| --- | --- |

12.

Believes that agricultural entrepreneurship and motivation to work must be kept alive by maintaining the necessary linkage to production;

| 13. | Calls on the Commission to determine whether import protection is necessary as far as reindeer herding is concerned and stresses that, with the aid of Community support, reindeer herding could be developed as the local inhabitants so decide; |
| --- | --- |

13.

Calls on the Commission to determine whether import protection is necessary as far as reindeer herding is concerned and stresses that, with the aid of Community support, reindeer herding could be developed as the local inhabitants so decide;

| 14. | Considers it important to promote research on subarctic agriculture and calls for such research projects to be funded under the EU framework programme; |
| --- | --- |

14.

Considers it important to promote research on subarctic agriculture and calls for such research projects to be funded under the EU framework programme;

| 15. | Considers that it should be possible to implement an appropriate policy on beasts of prey in a sustainable way at national level in order to enable traditional occupations to be carried on and to protect the safety of persons; |
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15.

Considers that it should be possible to implement an appropriate policy on beasts of prey in a sustainable way at national level in order to enable traditional occupations to be carried on and to protect the safety of persons;

| 16. | Considers it important to foster entrepreneurship beyond traditional agriculture and forestry; notes that such activities generate additional income but cannot guarantee a sufficient livelihood unless farming pays; |
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16.

Considers it important to foster entrepreneurship beyond traditional agriculture and forestry; notes that such activities generate additional income but cannot guarantee a sufficient livelihood unless farming pays;

| 17. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

17.

Instructs its President to forward this resolution to the Council and the Commission.

---

(1)  OJ C 175, 21.6.1999, p. 27.

(2)  P5_TA(2003)0256.

(3)  P5_TA(2003)0257.

(4)  P5_TA(2003)0262.

(5)  P5_TA(2003)0261.

P5_TA(2004)0015

The operating framework for the European Regulatory Agencies

European Parliament resolution on the communication from the Commission: ‘The operating framework for the European regulatory agencies‧ (COM(2002) 718 — 2003/2089(INI))

The European Parliament,

| — | having regard to the Commission Communication (COM(2002) 718), |
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—

having regard to the Commission Communication (COM(2002) 718),

| — | having regard to the White Paper on ‘European Governance‧ (COM(2001) 428) (1), in particular Chapter III.3.2, |
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—

having regard to the White Paper on ‘European Governance‧ (COM(2001) 428) (1), in particular Chapter III.3.2,

| — | having regard to Rules 47(2) and 163 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 47(2) and 163 of its Rules of Procedure,

| — | having regard to the report of the Committee on Constitutional Affairs and the opinions of the Committee on Budgets and the Committee on Legal Affairs and the Internal Market (A5-0471/2003), |
| --- | --- |

—

having regard to the report of the Committee on Constitutional Affairs and the opinions of the Committee on Budgets and the Committee on Legal Affairs and the Internal Market (A5-0471/2003),

| A. | pointing out that the general legislative framework for ‘executive‧ agencies entrusted with certain tasks in the management of Community programmes has been established in the form of a regulation adopted following consultation of the European Parliament, namely in Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute of executive agencies (2), thereby providing the Commission with a valuable new management tool, |
| --- | --- |

A.

pointing out that the general legislative framework for ‘executive‧ agencies entrusted with certain tasks in the management of Community programmes has been established in the form of a regulation adopted following consultation of the European Parliament, namely in Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute of executive agencies (2), thereby providing the Commission with a valuable new management tool,

| B. | noting that the establishment and implementation of the budget of all Community bodies which have legal personality and their own budget, both future executive agencies and all existing agencies, are henceforth covered by a specific regulation adopted following consultation of the European Parliament, namely Commission Regulation (EC, Euratom) No 2343/2002 of 23 December 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 (3), and that under this regulation, discharge for the implementation of the budget is, in all cases, given individually by Parliament to the agency's director, |
| --- | --- |

B.

noting that the establishment and implementation of the budget of all Community bodies which have legal personality and their own budget, both future executive agencies and all existing agencies, are henceforth covered by a specific regulation adopted following consultation of the European Parliament, namely Commission Regulation (EC, Euratom) No 2343/2002 of 23 December 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 (3), and that under this regulation, discharge for the implementation of the budget is, in all cases, given individually by Parliament to the agency's director,

| C. | noting, further, that the basic instruments relating to the existing agencies have been amended by Regulations (EC) No 1641 to 1655/2003 (4) so as to make the principle of the right of access to documents — provided for in Article 155 of the Treaty and further stipulated by Regulation (EC) No 1049/2001 of 30 May 2001 (5)— applicable thereto and that a legislative regulatory framework for the externalisation of tasks incumbent upon the Commission in the form of agencies is thus finally beginning to take shape, and that certain key demands made by Parliament have been taken into account in this context, |
| --- | --- |

C.

noting, further, that the basic instruments relating to the existing agencies have been amended by Regulations (EC) No 1641 to 1655/2003 (4) so as to make the principle of the right of access to documents — provided for in Article 155 of the Treaty and further stipulated by Regulation (EC) No 1049/2001 of 30 May 2001 (5)— applicable thereto and that a legislative regulatory framework for the externalisation of tasks incumbent upon the Commission in the form of agencies is thus finally beginning to take shape, and that certain key demands made by Parliament have been taken into account in this context,

| D. | whereas it is essential to rationalise and standardise the structure of the present and future agencies in the interests of clarity, transparency and legal security, and in the light of a prospective Union with 25 Member States or more, |
| --- | --- |

D.

whereas it is essential to rationalise and standardise the structure of the present and future agencies in the interests of clarity, transparency and legal security, and in the light of a prospective Union with 25 Member States or more,

| E. | whereas an urgent review of the present agencies is required, particularly as regards the extent to which their activities are worthwhile, the transparent performance of their duties, staff recruitment and promotion policy, appointments to posts and cost management at the agencies, |
| --- | --- |

E.

whereas an urgent review of the present agencies is required, particularly as regards the extent to which their activities are worthwhile, the transparent performance of their duties, staff recruitment and promotion policy, appointments to posts and cost management at the agencies,

| F. | whereas the current negotiations on the remit, structure and seat of the European Armaments Agency illustrate the limits of the intergovernmental approach, |
| --- | --- |

F.

whereas the current negotiations on the remit, structure and seat of the European Armaments Agency illustrate the limits of the intergovernmental approach,

| G. | pointing out that Parliament, in paragraphs 16 to 18 of its resolution of 29 November 2001 on the White Paper on European Governance (6), took up a position on ‘autonomous regulatory authorities‧ stressing, inter alia, that the creation of new autonomous agencies presupposes that highly specialised scientific or technical expertise is required, that it must not lead to a reduction in judicial scrutiny by the Commission or to any watering down of the Commission's political accountability to Parliament and the Council, |
| --- | --- |

G.

pointing out that Parliament, in paragraphs 16 to 18 of its resolution of 29 November 2001 on the White Paper on European Governance (6), took up a position on ‘autonomous regulatory authorities‧ stressing, inter alia, that the creation of new autonomous agencies presupposes that highly specialised scientific or technical expertise is required, that it must not lead to a reduction in judicial scrutiny by the Commission or to any watering down of the Commission's political accountability to Parliament and the Council,

| H. | whereas the assessments to be made when setting up new agencies must be based on the most stringent criteria as regards the extent to which the agencies' activities would be proper and worthwhile, the decisions relating to the location of the agency, transparency in terms of tasks, appointments to posts and cost management, |
| --- | --- |

H.

whereas the assessments to be made when setting up new agencies must be based on the most stringent criteria as regards the extent to which the agencies' activities would be proper and worthwhile, the decisions relating to the location of the agency, transparency in terms of tasks, appointments to posts and cost management,

| I. | noting that the Commission also recognises in chapter 3 of its Communication, that it will always be for the legislator to decide on a case-by-case basis whether an agency should be created, how it should be organised and its relations with the institutions and the operators concerned, |
| --- | --- |

I.

noting that the Commission also recognises in chapter 3 of its Communication, that it will always be for the legislator to decide on a case-by-case basis whether an agency should be created, how it should be organised and its relations with the institutions and the operators concerned,

| J. | pointing out, further, that Parliament, in its resolution of 17 December 2002 on the typology of acts and the hierarchy of legislation in the European Union (7) took the view that implementing powers should rest with the Commission and, within their respective territorial jurisdictions, the Member States; it also added, however, that the legislative authority constituted by the Council and Parliament may delegate to a specialist agency or self-regulating body the task of laying down certain technical measures to implement laws, that the procedure for the adoption and scrutiny of delegated regulations should differ depending on whether the legislative authority confers responsibility for that task on the Commission or on a separate authority, a specialist agency or a self-regulating body, but that such a measure would be submitted to the two arms of the legislative authority in the same way as a Commission implementing measure (paragraphs 13, 16 and 17 of its resolution of 17 December 2002), |
| --- | --- |

J.

pointing out, further, that Parliament, in its resolution of 17 December 2002 on the typology of acts and the hierarchy of legislation in the European Union (7) took the view that implementing powers should rest with the Commission and, within their respective territorial jurisdictions, the Member States; it also added, however, that the legislative authority constituted by the Council and Parliament may delegate to a specialist agency or self-regulating body the task of laying down certain technical measures to implement laws, that the procedure for the adoption and scrutiny of delegated regulations should differ depending on whether the legislative authority confers responsibility for that task on the Commission or on a separate authority, a specialist agency or a self-regulating body, but that such a measure would be submitted to the two arms of the legislative authority in the same way as a Commission implementing measure (paragraphs 13, 16 and 17 of its resolution of 17 December 2002),

| K. | pointing out that the draft Treaty establishing a Constitution for Europe does not include a legal basis for the setting-up of agencies, but instead makes explicit reference to reviewing the legality of acts of bodies or agencies of the Union intended to produce legal effects vis-à-vis third parties, stipulating, inter alia, that acts setting up bodies and agencies of the Union may lay down specific conditions and arrangements concerning actions brought by natural or legal persons against acts of these bodies or agencies; pointing out, likewise, that the draft treaty also provides that bodies and agencies must respect the principles of transparency of the proceedings of Union institutions and the protection of personal data, |
| --- | --- |

K.

pointing out that the draft Treaty establishing a Constitution for Europe does not include a legal basis for the setting-up of agencies, but instead makes explicit reference to reviewing the legality of acts of bodies or agencies of the Union intended to produce legal effects vis-à-vis third parties, stipulating, inter alia, that acts setting up bodies and agencies of the Union may lay down specific conditions and arrangements concerning actions brought by natural or legal persons against acts of these bodies or agencies; pointing out, likewise, that the draft treaty also provides that bodies and agencies must respect the principles of transparency of the proceedings of Union institutions and the protection of personal data,

| L. | pointing out that the Commission, both in its Communication and previously in the White Paper on Governance, focuses on future ‘regulatory‧ agencies, i.e. agencies ‘required to be actively involved in exercising the executive function by enacting instruments which contribute to regulating a specific sector‧ (page 4 of its Communication), but does not mention the fate of existing agencies and leaves aside agencies established outside the framework of the EC Treaty; whereas such an approach does not appear inappropriate in the context of reflection on new forms of ‘governance‧ which may be introduced ‘without departing from the law as it stands‧, it must not disregard, however, the fact that older agencies and those created on the basis of the EU Treaty also merit consideration and, as a matter of urgency, require proposals for modification in order to bring them into line with a common approach to be agreed between the institutions, |
| --- | --- |

L.

pointing out that the Commission, both in its Communication and previously in the White Paper on Governance, focuses on future ‘regulatory‧ agencies, i.e. agencies ‘required to be actively involved in exercising the executive function by enacting instruments which contribute to regulating a specific sector‧ (page 4 of its Communication), but does not mention the fate of existing agencies and leaves aside agencies established outside the framework of the EC Treaty; whereas such an approach does not appear inappropriate in the context of reflection on new forms of ‘governance‧ which may be introduced ‘without departing from the law as it stands‧, it must not disregard, however, the fact that older agencies and those created on the basis of the EU Treaty also merit consideration and, as a matter of urgency, require proposals for modification in order to bring them into line with a common approach to be agreed between the institutions,

| M. | noting that the Commission, whilst being open to the trialogue with Parliament and the Council and aware of the needs of individual cases, refers in its communication to certain ‘basic principles on which the system of the Union is founded‧ and refers to a number of desiderata regarding their functioning which it believes should be respected when future agencies are created, such as the balance of powers between the institutions, the principle of the unity and integrity of the executive function at European level and the principle of ultimate political responsibility of the Commission, |
| --- | --- |

M.

noting that the Commission, whilst being open to the trialogue with Parliament and the Council and aware of the needs of individual cases, refers in its communication to certain ‘basic principles on which the system of the Union is founded‧ and refers to a number of desiderata regarding their functioning which it believes should be respected when future agencies are created, such as the balance of powers between the institutions, the principle of the unity and integrity of the executive function at European level and the principle of ultimate political responsibility of the Commission,

| N. | confirming its attachment to the principle of democratic legitimacy of the Union's legislative activity (paragraphs 8 to 10 of the resolution of 29 November 2001), and whereas regulatory agencies as defined by the Commission — provided that they comply with the requirements of transparency and accountability — may provide a means by which Community institutions and the Member States, as well as the elements which they comprise, can participate in a new form of administration which will enable the Commission to refocus its resources on its primary tasks, increase the credibility of the regulatory process in a given sector and thereby contribute to ‘multiple-level-governance‧, |
| --- | --- |

N.

confirming its attachment to the principle of democratic legitimacy of the Union's legislative activity (paragraphs 8 to 10 of the resolution of 29 November 2001), and whereas regulatory agencies as defined by the Commission — provided that they comply with the requirements of transparency and accountability — may provide a means by which Community institutions and the Member States, as well as the elements which they comprise, can participate in a new form of administration which will enable the Commission to refocus its resources on its primary tasks, increase the credibility of the regulatory process in a given sector and thereby contribute to ‘multiple-level-governance‧,

| 1. | Welcomes the Commission Communication following up the White Paper on Governance as a first step towards greater clarity in relation to the Commission's position in this field; |
| --- | --- |

1.

Welcomes the Commission Communication following up the White Paper on Governance as a first step towards greater clarity in relation to the Commission's position in this field;

| 2. | Calls on the Commission to define the framework conditions for the use of regulatory agencies by adopting a framework regulation, as it has done for ‘executive‧ agencies, which should be preceded by an interinstitutional agreement spelling out common guidelines; |
| --- | --- |

2.

Calls on the Commission to define the framework conditions for the use of regulatory agencies by adopting a framework regulation, as it has done for ‘executive‧ agencies, which should be preceded by an interinstitutional agreement spelling out common guidelines;

| 3. | Notes that the Commission, in its White Paper and Communication, has set out the basic conditions for the creation of regulatory agencies whilst stressing, in particular, that they may not be entrusted with a decision-making power which the Treaty confers directly on the Commission, or responsibility in areas in which they would be called upon to exercise any powers of political appraisal, and stresses, further, that the Commission starts from the principle that ‘these agencies may (...) be empowered to adopt individual decisions in a clearly specified area of Community legislation but not legislative measures of general application‧ (point 4.2 of the Communication); consequently, suggests that it might be preferable to avoid the term ‘regulatory‧ so as to rule out any misunderstanding; |
| --- | --- |

3.

Notes that the Commission, in its White Paper and Communication, has set out the basic conditions for the creation of regulatory agencies whilst stressing, in particular, that they may not be entrusted with a decision-making power which the Treaty confers directly on the Commission, or responsibility in areas in which they would be called upon to exercise any powers of political appraisal, and stresses, further, that the Commission starts from the principle that ‘these agencies may (...) be empowered to adopt individual decisions in a clearly specified area of Community legislation but not legislative measures of general application‧ (point 4.2 of the Communication); consequently, suggests that it might be preferable to avoid the term ‘regulatory‧ so as to rule out any misunderstanding;

Creation of the agencies

| 4. | Stresses that the creation of such agencies, in contrast to ‘executive‧ agencies, requires a legislative act and should be confined to the normal legislative procedure, i.e. the codecision procedure, and that the use of the procedure under Article 308 of the EC Treaty should be reserved for strictly exceptional cases; welcomes the change in the Commission's recent practice in this context; |
| --- | --- |

4.

Stresses that the creation of such agencies, in contrast to ‘executive‧ agencies, requires a legislative act and should be confined to the normal legislative procedure, i.e. the codecision procedure, and that the use of the procedure under Article 308 of the EC Treaty should be reserved for strictly exceptional cases; welcomes the change in the Commission's recent practice in this context;

| 5. | Considers that the autonomy of the new regulatory agencies should be exercised under the direct supervision of the Commission and monitored politically by the European Parliament on the basis of the powers vested in it by the Treaty; |
| --- | --- |

5.

Considers that the autonomy of the new regulatory agencies should be exercised under the direct supervision of the Commission and monitored politically by the European Parliament on the basis of the powers vested in it by the Treaty;

| 6. | Takes the view that decisions on the location of any future regulatory agencies should form an integral and vital part of the basic instruments establishing them and that, in accordance with criteria on transparency, efficiency, and scrutiny of costs, the seats of the agencies should be near those of the authorities which are to supervise them; |
| --- | --- |

6.

Takes the view that decisions on the location of any future regulatory agencies should form an integral and vital part of the basic instruments establishing them and that, in accordance with criteria on transparency, efficiency, and scrutiny of costs, the seats of the agencies should be near those of the authorities which are to supervise them;

| 7. | Stresses that the choice in favour of creating an agency must be justified in each case on the basis of an external cost-benefit assessment, taking account of the nature of the tasks to be allocated, the need for non-statutory specialised staff and the desired degree of decision-making autonomy; |
| --- | --- |

7.

Stresses that the choice in favour of creating an agency must be justified in each case on the basis of an external cost-benefit assessment, taking account of the nature of the tasks to be allocated, the need for non-statutory specialised staff and the desired degree of decision-making autonomy;

| 8. | Insists that use be made of sunset clauses whenever the continuity of the agency's tasks is not guaranteed or whenever its tasks, by nature, are limited in time; |
| --- | --- |

8.

Insists that use be made of sunset clauses whenever the continuity of the agency's tasks is not guaranteed or whenever its tasks, by nature, are limited in time;

| 9. | Notes that the basic instrument of an agency must guarantee that the agency respects the institutions' obligations as regards access to documents and the protection of personal data, as well as the rules on protection against fraud and protecting the Community's financial interests; |
| --- | --- |

9.

Notes that the basic instrument of an agency must guarantee that the agency respects the institutions' obligations as regards access to documents and the protection of personal data, as well as the rules on protection against fraud and protecting the Community's financial interests;

| 10. | Observes that the Financial Regulation and the Staff Regulations should apply to the regulatory agencies; |
| --- | --- |

10.

Observes that the Financial Regulation and the Staff Regulations should apply to the regulatory agencies;

| 11. | Takes the view that, if an agency's creation is the result of a codecision procedure between Parliament and the Council on a proposal from the Commission, it should not be considered as calling into question the principle of the balance of powers between the institutions as regards the distribution of functions, a principle which, given the needs linked to the evolution of the Community system, must be seen from a dynamic perspective; |
| --- | --- |

11.

Takes the view that, if an agency's creation is the result of a codecision procedure between Parliament and the Council on a proposal from the Commission, it should not be considered as calling into question the principle of the balance of powers between the institutions as regards the distribution of functions, a principle which, given the needs linked to the evolution of the Community system, must be seen from a dynamic perspective;

| 12. | Calls on the Commission, prior to submitting the legislative proposal concerning the setting-up of these agencies, to submit an assessment of the budgetary implications and the viability of such agencies in comparison with centralised and similar activities and to make specific proposals for restructuring administrative and staff resources with a view to avoiding additional operational costs; |
| --- | --- |

12.

Calls on the Commission, prior to submitting the legislative proposal concerning the setting-up of these agencies, to submit an assessment of the budgetary implications and the viability of such agencies in comparison with centralised and similar activities and to make specific proposals for restructuring administrative and staff resources with a view to avoiding additional operational costs;

Functioning of the agencies

| 13. | Notes that, among the 15 existing agencies based on the EC Treaty, no fewer than 12 types of structure can be distinguished and 10 variants in the composition of the administrative board, which comprises at least one representative for each Member State in 10 cases; notes, further, that the head of the agency's executive is appointed by the administrative board on a proposal from the Commission in seven cases, but is in other cases appointed by the Commission on a proposal from the administrative board or by the Council on the basis of a list of candidates drawn up by the administrative board or by the Commission; |
| --- | --- |

13.

Notes that, among the 15 existing agencies based on the EC Treaty, no fewer than 12 types of structure can be distinguished and 10 variants in the composition of the administrative board, which comprises at least one representative for each Member State in 10 cases; notes, further, that the head of the agency's executive is appointed by the administrative board on a proposal from the Commission in seven cases, but is in other cases appointed by the Commission on a proposal from the administrative board or by the Council on the basis of a list of candidates drawn up by the administrative board or by the Commission;

| 14. | Takes the view that such a multitude of different forms is neither transparent nor comprehensible and, even bearing in mind the differences in tasks, is not justified; |
| --- | --- |

14.

Takes the view that such a multitude of different forms is neither transparent nor comprehensible and, even bearing in mind the differences in tasks, is not justified;

| 15. | Supports, therefore, the Commission's efforts aimed at establishing a limited number of models, at least for future agencies responsible for contributing to the regulation of a particular sector, and agrees that a distinction should be drawn in this context only between ‘decision-making‧ agencies, which are empowered to enact legal instruments binding on third parties, and ‘executive‧ agencies which have no such power; |
| --- | --- |

15.

Supports, therefore, the Commission's efforts aimed at establishing a limited number of models, at least for future agencies responsible for contributing to the regulation of a particular sector, and agrees that a distinction should be drawn in this context only between ‘decision-making‧ agencies, which are empowered to enact legal instruments binding on third parties, and ‘executive‧ agencies which have no such power;

| 16. | Takes the view that the structure of future agencies may be differentiated in line with the degree of communitarisation in a specific area, and that it must aim to establish clear chains of responsibility whilst guaranteeing that the agency enjoys the necessary autonomy and credibility; |
| --- | --- |

16.

Takes the view that the structure of future agencies may be differentiated in line with the degree of communitarisation in a specific area, and that it must aim to establish clear chains of responsibility whilst guaranteeing that the agency enjoys the necessary autonomy and credibility;

| 17. | Takes the view that the structure of current and future agencies merits in-depth consideration at interinstitutional level and wishes already to make the following contribution:






  (a) | the structure of the agency, i.e. the composition and respective tasks of its bodies, must, first of all, correspond to the demands of its functioning so as to guarantee, in the case of a ‘decision-making‧ agency, that it is capable of ensuring appropriate and immediate reaction; |
| --- | --- | --- |

17.

Takes the view that the structure of current and future agencies merits in-depth consideration at interinstitutional level and wishes already to make the following contribution:

(a)

the structure of the agency, i.e. the composition and respective tasks of its bodies, must, first of all, correspond to the demands of its functioning so as to guarantee, in the case of a ‘decision-making‧ agency, that it is capable of ensuring appropriate and immediate reaction;

| (b) | in this context, a ‘dualistic‧ structure comprising a permanent executive body and a programming and monitoring body, meeting only periodically, is preferable in the majority of cases to a ‘monistic‧ structure; |
| --- | --- |

(b)

in this context, a ‘dualistic‧ structure comprising a permanent executive body and a programming and monitoring body, meeting only periodically, is preferable in the majority of cases to a ‘monistic‧ structure;

| (c) | the institutions' involvement in the appointment of the members of each body must reflect their principal role in the Community system; |
| --- | --- |

(c)

the institutions' involvement in the appointment of the members of each body must reflect their principal role in the Community system;

| (d) | given that the Commission bears ultimate political responsibility for the management of Community activities, it appears appropriate to leave the task of selecting and appointing the executive body, generally the director, to the Commission. Parliament and its responsible committees should be consulted prior to the appointment of the director of the Agency. The nominee(s) should be invited to appear before the competent parliamentary committee to make a statement and answer questions. Following this hearing on intended priorities and plans for the agency and
  o
  n the committee's recommendation, Parliament reserves its right to deliver an opinion on the proposed candidate. This role of ‘ex-ante political scrutiny‧ played by Parliament would be the natural complement to the ‘ex-post‧ political scrutiny in the form of the discharge for the implementation of the budget. The Commission, finally, would retain the right to suspend or dismiss the director in the event of serious misconduct; |
| --- | --- |

(d)

given that the Commission bears ultimate political responsibility for the management of Community activities, it appears appropriate to leave the task of selecting and appointing the executive body, generally the director, to the Commission. Parliament and its responsible committees should be consulted prior to the appointment of the director of the Agency. The nominee(s) should be invited to appear before the competent parliamentary committee to make a statement and answer questions. Following this hearing on intended priorities and plans for the agency and
  o
  n the committee's recommendation, Parliament reserves its right to deliver an opinion on the proposed candidate. This role of ‘ex-ante political scrutiny‧ played by Parliament would be the natural complement to the ‘ex-post‧ political scrutiny in the form of the discharge for the implementation of the budget. The Commission, finally, would retain the right to suspend or dismiss the director in the event of serious misconduct;

| (e) | as regards the monitoring body, normally termed the ‘administrative board‧, the prime concern must be to keep this body at a manageable size, while seeking to ensure balanced representation of men and women, and guarantee a high level of expertise. The formula envisaged by the Commission — six members appointed by the Commission itself, six members appointed by the Council and three members with no voting rights representing the interested parties — is one option. A promising variant already used and offering more favourable conditions for consensus among the institutions is to entrust the Commission with the task of drawing up a comprehensive list of candidates on which Parliament may express its opinion and on the basis of which the Council shall make the appointments, except for one member directly appointed by the Commission (8); |
| --- | --- |

(e)

as regards the monitoring body, normally termed the ‘administrative board‧, the prime concern must be to keep this body at a manageable size, while seeking to ensure balanced representation of men and women, and guarantee a high level of expertise. The formula envisaged by the Commission — six members appointed by the Commission itself, six members appointed by the Council and three members with no voting rights representing the interested parties — is one option. A promising variant already used and offering more favourable conditions for consensus among the institutions is to entrust the Commission with the task of drawing up a comprehensive list of candidates on which Parliament may express its opinion and on the basis of which the Council shall make the appointments, except for one member directly appointed by the Commission (8);

| (f) | ways of including the sectors affected or specific expertise must be taken into consideration in the case of a small administrative board by making provision for an advisory committee comprising members from all Member States; |
| --- | --- |

(f)

ways of including the sectors affected or specific expertise must be taken into consideration in the case of a small administrative board by making provision for an advisory committee comprising members from all Member States;

| (g) | if a structure designed according to this model is adopted, however, Parliament's direct participation in the agency's bodies in the form of members of the administrative board appointed by Parliament, as provided for in the three existing agencies, does not appear indispensable for Parliament properly to carry out its task of political scrutiny, and should be avoided; |
| --- | --- |

(g)

if a structure designed according to this model is adopted, however, Parliament's direct participation in the agency's bodies in the form of members of the administrative board appointed by Parliament, as provided for in the three existing agencies, does not appear indispensable for Parliament properly to carry out its task of political scrutiny, and should be avoided;

| (h) | pending the entry into force of the Treaty establishing a Constitution for Europe, the composition of the administrative board and the relationship between the representation of the Commission and the Member States thereon could be based on four standard models, depending on whether the agency's remit is based on exclusive competences of the Union, shared competences, the CFSP or concerned fields where the Union plays a supporting role; |
| --- | --- |

(h)

pending the entry into force of the Treaty establishing a Constitution for Europe, the composition of the administrative board and the relationship between the representation of the Commission and the Member States thereon could be based on four standard models, depending on whether the agency's remit is based on exclusive competences of the Union, shared competences, the CFSP or concerned fields where the Union plays a supporting role;

Scrutiny of the agencies

| 18. | Takes the view that scrutiny of the legality of the agency's legal acts must be dealt with clearly and comprehensibly in the instrument establishing that agency, which, depending on the nature of the agency's tasks, provides that the Court of Justice is responsible for ruling on appeals made against acts of the agency under the conditions laid down in Article 230 of the EC Treaty, that administrative complaints against the agency's acts may be brought before the Commission and that an appeal for annulment might then be brought against the Commission's decision before the Court of Justice. Alternatively, the instrument establishing the agency may stipulate that the agency's acts are, firstly, subject to an internal appeal before independent boards of appeal and that their decisions may then be submitted to the Court's consideration; |
| --- | --- |

18.

Takes the view that scrutiny of the legality of the agency's legal acts must be dealt with clearly and comprehensibly in the instrument establishing that agency, which, depending on the nature of the agency's tasks, provides that the Court of Justice is responsible for ruling on appeals made against acts of the agency under the conditions laid down in Article 230 of the EC Treaty, that administrative complaints against the agency's acts may be brought before the Commission and that an appeal for annulment might then be brought against the Commission's decision before the Court of Justice. Alternatively, the instrument establishing the agency may stipulate that the agency's acts are, firstly, subject to an internal appeal before independent boards of appeal and that their decisions may then be submitted to the Court's consideration;

| 19. | Takes the view that, in addition to the obligation to submit accounts within the framework of the annual discharge procedure, it is indispensable to carry out a regular external evaluation of each agency's activity and to submit a report thereon to Parliament, the Commission and the Council; |
| --- | --- |

19.

Takes the view that, in addition to the obligation to submit accounts within the framework of the annual discharge procedure, it is indispensable to carry out a regular external evaluation of each agency's activity and to submit a report thereon to Parliament, the Commission and the Council;

| 20. | Stresses that, in brief, external scrutiny of the agencies must comprise the following elements: judicial supervision as described, financial and budgetary control exercised jointly by Parliament, the Council and the Court of Auditors when the budget is drawn up and adopted and during the discharge procedure, political scrutiny exercised primarily by Parliament, in particular through informal monitoring of the agency's work by the specialised parliamentary committees, scrutiny by the European Ombudsman in order to ascertain that administration is in accordance with sound management principles, and supervision by the agency's ‘users‧ and the general public; |
| --- | --- |

20.

Stresses that, in brief, external scrutiny of the agencies must comprise the following elements: judicial supervision as described, financial and budgetary control exercised jointly by Parliament, the Council and the Court of Auditors when the budget is drawn up and adopted and during the discharge procedure, political scrutiny exercised primarily by Parliament, in particular through informal monitoring of the agency's work by the specialised parliamentary committees, scrutiny by the European Ombudsman in order to ascertain that administration is in accordance with sound management principles, and supervision by the agency's ‘users‧ and the general public;

| 21. | Recalls that the regulations concerning investigations conducted by the European Anti-Fraud Office (OLAF) (9) provide for the Office to open and conduct administrative investigations within the institutions, bodies or agencies established by or on the basis of the EC and Euratom Treaties, and considers it vital that the agencies should be required to submit to the investigative powers of the Office under the same conditions as the institutions; |
| --- | --- |

21.

Recalls that the regulations concerning investigations conducted by the European Anti-Fraud Office (OLAF) (9) provide for the Office to open and conduct administrative investigations within the institutions, bodies or agencies established by or on the basis of the EC and Euratom Treaties, and considers it vital that the agencies should be required to submit to the investigative powers of the Office under the same conditions as the institutions;

| 22. | Encourages its standing committees whose powers and responsibilities concern the agencies to intensify and develop their methods for the informal monitoring of agencies' activities by appointing permanent rapporteurs, examining annual work programmes and reports, sending the rapporteur or delegations to visit the agency or inviting the director to committee meetings; |
| --- | --- |

22.

Encourages its standing committees whose powers and responsibilities concern the agencies to intensify and develop their methods for the informal monitoring of agencies' activities by appointing permanent rapporteurs, examining annual work programmes and reports, sending the rapporteur or delegations to visit the agency or inviting the director to committee meetings;

| 23. | Calls upon the Conference of Committee Chairmen to review cooperation among the committees in this area and, in particular, cooperation among the specialised committees on the one hand and the Committee on Budgets and the Committee on Budgetary Control on the other, and to update the ‘guidelines‧ adopted in July 1998; |
| --- | --- |

23.

Calls upon the Conference of Committee Chairmen to review cooperation among the committees in this area and, in particular, cooperation among the specialised committees on the one hand and the Committee on Budgets and the Committee on Budgetary Control on the other, and to update the ‘guidelines‧ adopted in July 1998;

Other agencies

| 24. | Stresses that the Commission should conduct a review of all the existing agencies with a view to proposing possible amendments to their basic instruments so as to adapt them to the models to be defined for the purposes of the future regulatory framework; |
| --- | --- |

24.

Stresses that the Commission should conduct a review of all the existing agencies with a view to proposing possible amendments to their basic instruments so as to adapt them to the models to be defined for the purposes of the future regulatory framework;

| 25. | Notes that the legislative environment of the agencies is changing with the draft Treaty establishing a Constitution for Europe, particularly with the disappearance of the pillars and the introduction of a hierarchy of legislation making provision for delegated regulations. It will consequently be necessary to check whether the differences between agencies based on the EC Treaty and those based on the EU Treaty are still justified, and suggests to the Commission that it consider this question as of now; |
| --- | --- |

25.

Notes that the legislative environment of the agencies is changing with the draft Treaty establishing a Constitution for Europe, particularly with the disappearance of the pillars and the introduction of a hierarchy of legislation making provision for delegated regulations. It will consequently be necessary to check whether the differences between agencies based on the EC Treaty and those based on the EU Treaty are still justified, and suggests to the Commission that it consider this question as of now;

| 26. | Recalls that the Charter of Fundamental Rights incorporated in the draft Treaty establishing a Constitution for Europe provides for the establishment of an authority to monitor compliance with the rules guaranteeing the right to the protection of personal data; |
| --- | --- |

26.

Recalls that the Charter of Fundamental Rights incorporated in the draft Treaty establishing a Constitution for Europe provides for the establishment of an authority to monitor compliance with the rules guaranteeing the right to the protection of personal data;

| 27. | Points out, finally, in this context, the need to codify the law governing administrative procedures so as to provide greater clarity and legal security to the general public as well as to those involved in these procedures, including the European agencies; |
| --- | --- |

27.

Points out, finally, in this context, the need to codify the law governing administrative procedures so as to provide greater clarity and legal security to the general public as well as to those involved in these procedures, including the European agencies;

*

- *

| 28. | Instructs its President to forward this resolution to the Commission, the Council and the governments of the Member States. |
| --- | --- |

28.

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

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(1)  OJ C 287, 12.10.2001, p.1.

(2)  OJ L 11, 16.1.2003, p. 1.

(3)  OJ L 357, 31.12.2002, p. 72.

(4)  OJ L 245, 29.9.2003.

(5)  OJ L 145, 31.5.2001, p. 43.

(6)  OJ C 153 E, 27.6.2002, p. 314.

(7)  P5_TA(2002)0612.

(8)  See in this connection 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, pp. 1—24.

(9)  Regulation (EC) No 1073/1999 of the European Parliament and of the Council, OJ L136, 31.5.1999, p. 1, and Council Regulation (Euratom) No 1074/1999, OJ L 136, 31.5.1999, p. 8.

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