# CE2004076EN.01011701.xml

| 25.3.2004 | EN | Official Journal of the European Union | CE 76/117 |
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25.3.2004

EN

Official Journal of the European Union

CE 76/117

---

MINUTES

(2004/C 76 E/03)

PROCEEDINGS OF THE SITTING

IN THE CHAIR: Guido PODESTÀ

Vice-President

1.   Opening of sitting

The sitting opened at 09.00.

2.   Written declarations (Rule 51)

(Rule 51)

The following document had been received:

written declaration for entry in the Register (Rule 51) by Othmar Karas on the holding of a Europe-wide referendum on the EU Constitution (Constitutional Treaty) (16/2003).

In accordance with Rule 51(5), written declaration No 9/2003 lapsed as it had not obtained the required number of signatures.

3.   EU-Cuba relations (debate)

(debate)

Oral questions put by Elmar Brok, on behalf of the AFET Committee, to the Council and the Commission, on EU-Cuba relations (B5-0271/2003 and 0272/2003).

Elmar Brok moved the oral questions.

Franco Frattini (President-in-Office of the Council) spoke.

Poul Nielson (Member of the Commission) spoke.

The following spoke: Gerardo Galeote Quecedo, on behalf of the PPE-DE Group, Raimon Obiols i Germà, on behalf of the PSE Group, Carles-Alfred Gasòliba i Böhm, on behalf of the ELDR Group, Pedro Marset Campos, on behalf of the GUE/NGL Group, Marie Anne Isler Béguin, on behalf of the Verts/ALE Group, José Ribeiro e Castro, on behalf of the UEN Group, Paul Coûteaux, on behalf of the EDD Group, Emma Bonino, Non-attached Member, José Ignacio Salafranca Sánchez-Neyra, Johannes (Hannes) Swoboda, Jules Maaten, Philip Claeys, Charles Tannock, Concepció Ferrer, Poul Nielson and Marco Pannella.

Motions for resolutions to wind up the debate pursuant to Rule 42(5):

| — | Marie Anne Isler Béguin and Joost Lagendijk, on behalf of the Verts/ALE Group, on EU-Cuba relationship (B5-0365/2003) |
| --- | --- |

—

Marie Anne Isler Béguin and Joost Lagendijk, on behalf of the Verts/ALE Group, on EU-Cuba relationship (B5-0365/2003)

| — | Concepció Ferrer, Gerardo Galeote Quecedo and José Ignacio Salafranca Sánchez-Neyra, on behalf of the PPE-DE Group, on relations between EU and Cuba (B5-0366/2003) |
| --- | --- |

—

Concepció Ferrer, Gerardo Galeote Quecedo and José Ignacio Salafranca Sánchez-Neyra, on behalf of the PPE-DE Group, on relations between EU and Cuba (B5-0366/2003)

| — | Jannis Sakellariou, on behalf of the PSE Group, on EU-Cuba relations (B5-0367/2003) |
| --- | --- |

—

Jannis Sakellariou, on behalf of the PSE Group, on EU-Cuba relations (B5-0367/2003)

| — | Gerard Collins, Luís Queiró and José Ribeiro e Castro, on behalf of the UEN Group, on Cuba (B5-0368/2003) |
| --- | --- |

—

Gerard Collins, Luís Queiró and José Ribeiro e Castro, on behalf of the UEN Group, on Cuba (B5-0368/2003)

| — | Bob van den Bos, on behalf of the ELDR Group, on EU-Cuba relations (B5-0369/2003) |
| --- | --- |

—

Bob van den Bos, on behalf of the ELDR Group, on EU-Cuba relations (B5-0369/2003)

| — | Pedro Marset Campos, on behalf of the GUE/NGL Group, on EU-Cuba relations (B5-0370/2003) |
| --- | --- |

—

Pedro Marset Campos, on behalf of the GUE/NGL Group, on EU-Cuba relations (B5-0370/2003)

The debate closed.

Vote: Minutes of 4.9.2003, Item 10.

Minutes of 4.9.2003, Item 10.

IN THE CHAIR: Pat COX

President

4.   European Convention (debate)

(debate)

Valéry Giscard d'Estaing (President of the European Convention) presented the draft Treaty establishing a Constitution for Europe.

The following spoke: Gianfranco Fini and Franco Frattini (Presidents-in-Office of the Council).

Romano Prodi (President of the Commission) spoke.

The following spoke: Íñigo Méndez de Vigo (President of the European Parliament's delegation to the Convention) and Klaus Hänsch (First Vice-President of the delegation).

The following spoke: Hans-Gert Poettering, on behalf of the PPE-DE Group, Enrique Barón Crespo, on behalf of the PSE Group, Graham R. Watson, on behalf of the ELDR Group, Francis Wurtz, on behalf of the GUE/NGL Group, Monica Frassoni, on behalf of the Verts/ALE Group, Charles Pasqua, on behalf of the UEN Group, William Abitbol, on behalf of the EDD Group, and Georges Berthu, Non-attached Member.

The following spoke: Andrew Nicholas Duff (Second Vice-President of the European Parliament's delegation to the Convention) and Valéry Giscard d'Estaing.

The debate closed.

5.   Official welcome

On behalf of Parliament, the President welcomed members of a delegation from the Ukranian Parliament, led by Boris Tarasyuk, former Minister of Foreign Affairs, who had taken their seats in the official gallery.

IN THE CHAIR: David W. MARTIN

Vice-President

VOTING TIME

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

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

6.   Draft amending budget 3/2003 (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the Draft Amending Budget No 3/2003 of the European Union for the financial year 2003 — Section III — Commission [SEC(2003) 552 — C5-0289/2003 — 2003/2103(BUD)] — Committee on Budgets. Rapporteur: Göran Färm (A5-0261/2003).

o

(Qualified majority)

(Qualified majority)

(Voting record: Annex 1, Item 1)

(Voting record: Annex 1, Item 1)

MOTION FOR A RESOLUTION

Adopted by single vote (P5_TA(2003)0361)

(P5_TA(2003)0361)

7.   EC-Guinea fishing agreement * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a Council regulation on the conclusion of the Agreement in the form of an Exchange of Letters concerning the extension of the 2000-2001 Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Government of the Revolutionary People's Republic of Guinea on fishing off the Guinean coast for the period 1 January 2003 to 31 December 2003 [COM(2003) 107 — C5-0128/2003 — 2003/0049(CNS)] — Committee on Fisheries. Rapporteur: Juan Ojeda Sanz (A5-0264/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 2)

(Voting record: Annex 1, Item 2)

COMMISSION PROPOSAL, AMENDMENTS AND DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2003)0362)

(P5_TA(2003)0362)

8.   Mid-term review of EU-Greenland fisheries protocol (Rule 110a) (vote)

(Rule 110a) (vote)

Report on a communication from the Commission to the Council and the European Parliament on midterm review of the fourth fisheries protocol between the EU and Greenland [COM(2002) 697 — 2003/2035(INI)] — Committee on Fisheries. Rapporteur: Rosa Miguélez Ramos (A5-0228/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 3)

(Voting record: Annex 1, Item 3)

MOTION FOR A RESOLUTION

Adopted by single vote (P5_TA(2003)0363)

(P5_TA(2003)0363)

9.   Minimum level of training of seafarers ***I (vote)

(vote)

Report on the proposal for a directive of the European Parliament and of the Council amending European Parliament and Council Directive 2001/25/EC on the minimum level of training of seafarers [COM(2003) 1 — C5-0006/2003 — 2003/0001(COD)] — Committee on Regional Policy, Transport and Tourism. Rapporteur: Bernard Poignant (A5-0152/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 4)

(Voting record: Annex 1, Item 4)

COMMISSION PROPOSAL

Approved (P5_TA(2003)0364)

(P5_TA(2003)0364)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2003)0364)

(P5_TA(2003)0364)

10.   Coordination of social security systems ***I (vote)

(vote)

Report on the proposal for a European Parliament and Council regulation on coordination of social security systems [COM(1998) 779 — C4-0137/1999 — 1998/0360(COD)] — Committee on Employment and Social Affairs. Rapporteur: Jean Lambert (A5-0226/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 5)

(Voting record: Annex 1, Item 5)

COMMISSION PROPOSAL

Approved (P5_TA(2003)0365)

Approved (P5_TA(2003)0365)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2003)0365)

(P5_TA(2003)0365)

The following spoke:

| — | Ria G.H.C. Oomen-Ruijten requested that amendment 42 be voted after amendment 55. The President established that there were no objections to this request. |
| --- | --- |

—

Ria G.H.C. Oomen-Ruijten requested that amendment 42 be voted after amendment 55. The President established that there were no objections to this request.

11.   DAPHNE II (2004-2008) ***I (vote)

(vote)

Report on the proposal for a European Parliament and Council decision establishing a second phase of a programme of Community action (2004-2008) to prevent violence against children, young people and women and to protect victims and groups at risk (the DAPHNE II programme) [COM(2003) 54 — C5-0060/2003 — 2003/0025(COD)] — Committee on Women's Rights and Equal Opportunities. Rapporteur: Lissy Gröner (A5-0280/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 6)

(Voting record: Annex 1, Item 6)

COMMISSION PROPOSAL

Approved (P5_TA(2003)0366)

(P5_TA(2003)0366)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2003)0366)

(P5_TA(2003)0366)

12.   Economic accounts for agriculture ***I (vote)

(vote)

Report on the proposal for a regulation of the European Parliament and of the Council on the economic accounts for agriculture in the Community [COM(2003) 50 — C5-0020/2003 — 2003/0023(COD)] — Committee on Agriculture and Rural Development. Rapporteur: María Izquierdo Rojo (A5-0268/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 7)

(Voting record: Annex 1, Item 7)

COMMISSION PROPOSAL

Approved (P5_TA(2003)0367)

Approved (P5_TA(2003)0367)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2003)0367)

(P5_TA(2003)0367)

13.   Legal bases and compliance with Community law (vote)

(vote)

Report on legal bases and compliance with Community law [2001/2151(INI)] — Committee on Legal Affairs and the Internal Market. Rapporteur: Ioannis Koukiadis (A5-0180/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 8)

(Voting record: Annex 1, Item 8)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2003)0368)

The following spoke:

| — | the rapporteur had requested the deletion from paragraphs 9, 10 and 11 of the reference to the ‘Convention’, with the reference to the ‘IGC’ being retained.
  (The President had acceded to this request). |
| --- | --- |

—

the rapporteur had requested the deletion from paragraphs 9, 10 and 11 of the reference to the ‘Convention’, with the reference to the ‘IGC’ being retained.

(The President had acceded to this request).

Manuel Medina Ortega had pointed out an error in the Spanish version of paragraph 4.

14.   Implementing the social policy agenda (vote)

(vote)

Report on the scoreboard on implementing the social policy agenda [COM(2003) 57 — 2003/2097(INI)] — Committee on Employment and Social Affairs. Rapporteur: Ilda Figueiredo (A5-0247/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 9)

(Voting record: Annex 1, Item 9)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2003)0369)

(P5_TA(2003)0369)

The following spoke:

| — | the rapporteur, before the vote |
| --- | --- |

—

the rapporteur, before the vote

| — | Anne E.M. Van Lancker, who proposed a linguistic change to the Dutch version of amendment 15, rendering nugatory the request by her group (PSE) for a split vote on this amendment (the rapporteur agreed to that proposal). |
| --- | --- |

—

Anne E.M. Van Lancker, who proposed a linguistic change to the Dutch version of amendment 15, rendering nugatory the request by her group (PSE) for a split vote on this amendment (the rapporteur agreed to that proposal).

15.   The rights and dignity of disabled people (vote)

(vote)

Report on the Communication from the Commission ”Towards a United Nations legally binding instrument to promote and protect the rights and dignity of persons with disabilities” [COM(2003) 16 — 2003/0016(INI)] — Committee on Employment and Social Affairs. Rapporteur: Elizabeth Lynne (A5-0270/2003).

(Simple majority)

(Simple majority)

(Voting record: Annex 1, Item 10)

(Voting record: Annex 1, Item 10)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2003)0370)

(P5_TA(2003)0370)

16.   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 — A5-0152/2003

| — | Carlo Fatuzzo |
| --- | --- |

—

Carlo Fatuzzo

Report Lambert — A5-0226/2003

| — | Carlo Fatuzzo |
| --- | --- |

—

Carlo Fatuzzo

Report Gröner — A5-0280/2003

| — | Carlo Fatuzzo |
| --- | --- |

—

Carlo Fatuzzo

Report Izquierdo Rojo — A5-0268/2003

| — | Carlo Fatuzzo |
| --- | --- |

—

Carlo Fatuzzo

Report Koukiadis — A5-0180/2003

| — | Carlo Fatuzzo |
| --- | --- |

—

Carlo Fatuzzo

Report Lynne — A5-0270/2003

| — | Brian Crowley and Carlo Fatuzzo |
| --- | --- |

—

Brian Crowley and Carlo Fatuzzo

17.   Corrections to votes

Voting corrections were submitted by the following Members:

Report Poignant — A5-0152/2003

| — | amendment 4

  against: Carlos Carnero González |
| --- | --- |

—

amendment 4

against: Carlos Carnero González

against:

Report Lambert — A5-0226/2003

| — | amendment 1

  against: Colette Flesch |
| --- | --- |

—

amendment 1

against: Colette Flesch

against:

| — | amendment 43

  for: Margrietus J. van den Berg

  abstention: Brian Simpson |
| --- | --- |

—

amendment 43

for: Margrietus J. van den Berg

for:

abstention: Brian Simpson

abstention:

| — | amendment 48

  abstention: Eryl Margaret McNally |
| --- | --- |

—

amendment 48

abstention: Eryl Margaret McNally

abstention:

Report Figueiredo — A5-0247/2003

| — | amendments 1 and 5 identical

  for: Arlindo Cunha |
| --- | --- |

—

amendments 1 and 5 identical

for: Arlindo Cunha

for:

| — | amendment 17, first part

  for: Barbara Weiler, Claude Turmes |
| --- | --- |

—

amendment 17, first part

for: Barbara Weiler, Claude Turmes

for:

| — | amendment 17, second part

  against: Claude Turmes |
| --- | --- |

—

amendment 17, second part

against: Claude Turmes

against:

Report Lynne — A5-0270/2003

| — | paragraph 10, second part

  for: Harlem Désir, Fodé Sylla

  abstention: Hans-Peter Martin |
| --- | --- |

—

paragraph 10, second part

for: Harlem Désir, Fodé Sylla

for:

abstention: Hans-Peter Martin

abstention:

| — | paragraph 11, second part

  for: Fodé Sylla, Eryl Margaret McNally, Cristina Gutiérrez-Cortines

  against: Arlene McCarthy |
| --- | --- |

—

paragraph 11, second part

for: Fodé Sylla, Eryl Margaret McNally, Cristina Gutiérrez-Cortines

for:

against: Arlene McCarthy

against:

END OF VOTING TIME

(The sitting was suspended at 13.20 and resumed at 15.00.)

(The sitting was suspended at 13.20 and resumed at 15.00.)

IN THE CHAIR: Pat COX

President

18.   Approval of Minutes of previous sitting

The Minutes of the previous sitting were approved.

*

- *

Giorgio Calò, a new Member (see Item 19 below), had signed the attendance register of Wednesday's sitting, but, for technical reasons, it had not been possible to include his name.

19.   Membership of Parliament

The Italian competent authorities had given notice of the appointment of Giorgio Calò to replace Luciano Caveri, as Member of Parliament, with effect from 3 September 2003.

The President drew attention to the provisions of Rule 7(5).

20.   Situation in Iraq (statements followed by debate)

(statements followed by debate)

Council and Commission statements: Situation in Iraq

Franco Frattini (President-in-Office of the Council) and Christopher Patten (Member of the Commission) made the statements.

The following spoke: Elmar Brok, on behalf of the PPE-DE Group, Enrique Barón Crespo, on behalf of the PSE Group, Graham R. Watson, on behalf of the ELDR Group, Pernille Frahm, on behalf of the GUE/NGL Group, Daniel Marc Cohn-Bendit, on behalf of the Verts/ALE Group, Gerard Collins, on behalf of the UEN Group, Bastiaan Belder, on behalf of the EDD Group, Emma Bonino, Non-attached Member, Philippe Morillon, Jannis Sakellariou, Nicholson of Winterbourne, Reinhold Messner, Paul Coûteaux, Dominique F.C. Souchet, Hartmut Nassauer, John Hume, Ulla Margrethe Sandbæk, Jonathan Evans, José Ignacio Salafranca Sánchez-Neyra, Franco Frattini and Christopher Patten.

The debate closed.

21.   Human rights 2002 — The EU and combating torture (joint debate)

(joint debate)

Report Annual report on human rights in the world in 2002 and EU human rights policy [2002/2011(INI)] — Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy. Rapporteur: Bob van den Bos (A5-0274/2003)

Oral question on the EU and combating torture by:

| — | Bob van den Bos, Nicholson of Winterbourne, Sarah Ludford, Elizabeth Lynne, Bill Newton Dunn, Johan Van Hecke and Joan Vallvé, on behalf of the ELDR Group; |
| --- | --- |

—

Bob van den Bos, Nicholson of Winterbourne, Sarah Ludford, Elizabeth Lynne, Bill Newton Dunn, Johan Van Hecke and Joan Vallvé, on behalf of the ELDR Group;

| — | Nuala Ahern, Matti Wuori, Danielle Auroi, Kathalijne Maria Buitenweg, Alexander de Roo, Jan Dhaene, Raina A. Mercedes Echerer, Jillian Evans, Monica Frassoni, Ian Stewart Hudghton, Jean Lambert, Alain Lipietz, Nelly Maes, Neil MacCormick, Heide Rühle and Inger Schörling, on behalf of the Verts/ALE Group; |
| --- | --- |

—

Nuala Ahern, Matti Wuori, Danielle Auroi, Kathalijne Maria Buitenweg, Alexander de Roo, Jan Dhaene, Raina A. Mercedes Echerer, Jillian Evans, Monica Frassoni, Ian Stewart Hudghton, Jean Lambert, Alain Lipietz, Nelly Maes, Neil MacCormick, Heide Rühle and Inger Schörling, on behalf of the Verts/ALE Group;

| — | Francis Wurtz, Pernille Frahm and André Brie, on behalf of the GUE/NGL Group; |
| --- | --- |

—

Francis Wurtz, Pernille Frahm and André Brie, on behalf of the GUE/NGL Group;

| — | Niall Andrews, Mary Elizabeth Banotti, Marco Cappato, Paulo Casaca, John Walls Cushnahan, Proinsias De Rossa, Koldo Gorostiaga Atxalandabaso, Glenys Kinnock, Torben Lund, Antonio Mussa, Ulla Margrethe Sandbæk, Catherine Stihler, Joke Swiebel, Anders Wijkman and Jan Marinus Wiersma;
  (B5-0274/2003) |
| --- | --- |

—

Niall Andrews, Mary Elizabeth Banotti, Marco Cappato, Paulo Casaca, John Walls Cushnahan, Proinsias De Rossa, Koldo Gorostiaga Atxalandabaso, Glenys Kinnock, Torben Lund, Antonio Mussa, Ulla Margrethe Sandbæk, Catherine Stihler, Joke Swiebel, Anders Wijkman and Jan Marinus Wiersma;

(B5-0274/2003)

Bob van den Bos introduced his report and moved the oral question.

IN THE CHAIR: Gérard ONESTA

Vice-President

Roberto Antonione (President-in-Office of the Council) , including in reply to the oral question.

Poul Nielson (Member of the Commission) spoke.

The following spoke: Michael Gahler, on behalf of the PPE-DE Group, Michael Cashman, on behalf of the PSE Group, Johan Van Hecke, on behalf of the ELDR Group, Gérard Caudron, on behalf of the GUE/NGL Group, Matti Wuori, on behalf of the Verts/ALE Group, Arie M. Oostlander, Giovanni Claudio Fava, Sarah Ludford, Konstantinos Alyssandrakis, Lennart Sacrédeus, Véronique De Keyser, Alexandros Alavanos, Geoffrey Van Orden, Richard Howitt, Arlette Laguiller, Amalia Sartori, Antonione and Poul Nielson.

The debate closed.

Vote: Minutes of 4.9.2003, Item 11.

Minutes of 4.9.2003, Item 11

22.   Fundamental rights in the EU in 2002 (debate)

(debate)

Report on the situation concerning fundamental rights in the European Union (2002) [2002/2013(INI)] — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs. Rapporteur: Fodé Sylla (A5-0281/2003)

Fodé Sylla (rapporteur) introduced his report.

The following spoke: António Vitorino (Member of the Commission) and Eurig Wyn (draftsman of the opinion of the CULT Committee).

IN THE CHAIR: Alonso José PUERTA

Vice-President

The following spoke: Anna Karamanou (draftsman of the opinion of the FEMM Committee), Thierry Cornillet, on behalf of the PPE-DE Group, Joke Swiebel, on behalf of the PSE Group, Olle Schmidt, on behalf of the ELDR Group, Alima Boumediene-Thiery, on behalf of the Verts/ALE Group, Luís Queiró, on behalf of the UEN Group, Johannes (Hans) Blokland, on behalf of the EDD Group, Mario Borghezio, Nonattached Member, Hubert Pirker, Adeline Hazan, Josu Ortuondo Larrea, Koenraad Dillen, Fodé Sylla, who made a personal statement following Koenraad Dillen's remarks, Jorge Salvador Hernández Mollar, Josu Ortuondo Larrea, who made a personal statement following Jorge Salvador Hernández Mollar's remarks, Sérgio Sousa Pinto, Marco Pannella, Giacomo Santini, Olga Zrihen, Koldo Gorostiaga Atxalandabaso and Fodé Sylla.

The debate closed.

Vote: Minutes of 4.9.2003, Item 12.

Minutes of 4.9.2003, Item 12.

23.   Question Time (Council)

(Council)

Parliament considered a number of questions to the Council (B5-0273/2003).

Question 1 by Camilo Nogueira Román: Migrants tragically drowned off the Union's southern Mediterranean and Atlantic coasts.

Question 1

Roberto Antonione (President-in-Office of the Council) answered the question and a supplementary by Josu Ortuondo Larrea (deputising for the author).

Question 2 by Manuel Medina Ortega: Operation Ulysses.

Question 2

Roberto Antonione answered the question and supplementaries by Manuel Medina Ortega and Bernd Posselt.

Question 3 by Alexandros Alavanos: Position of the Italian EU Presidency regarding clandestine immigrants.

Question 3

Roberto Antonione answered the question and a supplementary by Alexandros Alavanos.

Question 4 by Malcolm Harbour: Competitiveness in the EU.

Question 4

Roberto Antonione answered the question and supplementaries by Malcolm Harbour and Paul Rübig.

Question 5 by Piia-Noora Kauppi: Continuation of the eVote initiative, which represents interactive Internet democracy, during Italy's Presidency.

Question 5

Roberto Antonione answered the question and a supplementary by Piia-Noora Kauppi.

Question 6 by Mihail Papayannakis: Detainees in Iraq.

Question 6

Roberto Antonione answered the question and a supplementary by Alexandros Alavanos (deputising for the author).

Question 7 by María Izquierdo Rojo: Euro-Mediterranean dialogue and the status of women.

Question 7

Roberto Antonione answered the question and a supplementary by María Izquierdo Rojo.

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

Council Question Time closed.

(The sitting was suspended at 19.10 and resumed at 21.00.)

(The sitting was suspended at 19.10 and resumed at 21.00.)

IN THE CHAIR: Joan COLOM I NAVAL

Vice-President

24.   Water management in developing countries — Trade and development (debate)

(debate)

Report on the communication from the Commission on water management in developing countries: policy and priorities for EU development cooperation [COM(2002) 132 — C5-0335/2002- 2002/2179(COS)] — Committee on Development and Cooperation. Rapporteur: Paul A.A.J.G. Lannoye (A5-0273/2003)

Report on the Communication from the Commission to the Council on trade and development — assisting developing countries to benefit from trade [COM(2002) 513 — 2002/2282(INI)] — Committee on Development and Cooperation. Rapporteur: Luisa Morgantini (A5-0277/2003)

Paul A.A.J.G. Lannoye introduced the report.

Luisa Morgantini introduced the report.

Poul Nielson (Member of the Commission) spoke.

The following spoke: Karsten Knolle, on behalf of the PPE-DE Group, Karin Scheele, on behalf of the PSE Group, Maria Johanna (Marieke) Sanders-ten Holte, on behalf of the ELDR Group, Hans Modrow, on behalf of the GUE/NGL Group, Didier Rod, on behalf of the Verts/ALE Group, Liam Hyland, on behalf of the UEN Group, Bastiaan Belder, on behalf of the EDD Group, Nirj Deva, Glenys Kinnock, Willy C.E.H. De Clercq, Armonia Bordes, Seán Ó Neachtain, Bent Hindrup Andersen, Eija-Riitta Anneli Korhola, Harlem Désir, Cristina Gutiérrez-Cortines, Margrietus J. van den Berg, Bashir Khanbhai and Poul Nielson.

The debate closed.

Vote: Minutes of 4.9.2003, Item 13.

Minutes of 4.9.2003, Item 13.

25.   Health and poverty reduction in developing countries (debate)

(debate)

Report on the Commission communication on health and poverty reduction in developing countries [COM(2002) 129 — C5-0334/2002 — 2002/2178(COS)] — Committee on Development and Cooperation. Rapporteur: John Bowis (A5-0217/2003)

John Bowis introduced the report.

Poul Nielson (Member of the Commission) spoke.

The following spoke: María Elena Valenciano Martínez-Orozco (draftsman of the opinion of the FEMM Committee), Jürgen Zimmerling, on behalf of the PPE-DE Group, Karin Junker, on behalf of the PSE Group, Gérard Caudron, on behalf of the GUE/NGL Group, Didier Rod, on behalf of the Verts/ALE Group, Eija-Riitta Anneli Korhola and Margrietus J. van den Berg.

The debate closed.

Vote: Minutes of 4.9.2003, Item 15.

Minutes of 4.9.2003, Item 15.

26.   Participation of non-state actors in EC development policy (debate)

(debate)

Report on the Communication from the Commission to the Council and the European Parliament and the Economic and Social Committee on participation of non-state actors in EC development policy [COM(2002) 598 — 2002/2283(INI)] — Committee on Development and Cooperation. Rapporteur: Richard Howitt (A5-0249/2003)

Richard Howitt introduced the report.

Poul Nielson (Member of the Commission) spoke.

The following spoke: Bashir Khanbhai, on behalf of the PPE-DE Group, Francisca Sauquillo Pérez del Arco, on behalf of the PSE Group, Didier Rod, on behalf of the Verts/ALE Group, Jürgen Zimmerling, Michael Gahler, Richard Howitt and Poul Nielson.

The debate closed.

Vote: Minutes of 4.9.2003, Item 16.

Minutes of 4.9.2003, Item 16.

27.   EC development policy (debate)

(debate)

Report on the Annual Report 2001 from the Commission to the Council and the European Parliament on EC development policy and the implementation of the external assistance [COM(2002) 490 — C5-0607/2002 — 2002/2246(INI)] — Committee on Development and Cooperation. Rapporteur: Miguel Angel Martínez Martínez (A5-0209/2003)

Miguel Angel Martínez Martínez introduced the report.

Poul Nielson (Member of the Commission) spoke.

The debate closed.

Vote: Minutes of 4.9.2003, Item 7.

Minutes of 4.9.2003, Item 7.

28.   Agenda for next sitting

The President referred Members to the document ‘Agenda’ PE 334.347/OJJE.

29.   Closure of sitting

The sitting closed at 23.45.

Julian Priestley

Secretary-General

José Alonso Puerta

Vice-President

---

ATTENDANCE REGISTER

The following signed:

Aaltonen, Abitbol, Adam, Ainardi, Alavanos, Almeida Garrett, Alyssandrakis, Andersen, Andreasen, André- Léonard, Andrews, Angelilli, Aparicio Sánchez, Arvidsson, Atkins, Attwooll, Auroi, Averoff, Avilés Perea, Ayuso González, Bakopoulos, Balfe, 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, Breyer, Brie, Brienza, Brok, Brunetta, Buitenweg, Bullmann, van den Burg, Bushill-Matthews, Busk, Butel, Callanan, Camisón Asensio, Campos, Camre, Cappato, Carlotti, Carnero González, Carrilho, Casaca, Cashman, Caudron, Cauquil, Cercas, Cerdeira Morterero, Cesaro, Ceyhun, Chichester, Philip Claeys, Cocilovo, Coelho, Cohn-Bendit, Collins, Colom i Naval, Corbett, Corbey, Cornillet, Corrie, Paolo Costa, Raffaele Costa, Coûteaux, Cox, Crowley, Cunha, Cushnahan, van Dam, Darras, Daul, Davies, De Clercq, Dehousse, De Keyser, Dell'Alba, Della Vedova, Dell'Utri, De Mita, Deprez, De Rossa, De Sarnez, Descamps, Désir, Deva, De Veyrac, Dhaene, Díez González, Di Lello Finuoli, Dillen, Di Pietro, Doorn, Doyle, Dührkop Dührkop, Duff, Duhamel, Duin, Dupuis, Dybkjær, Ebner, Echerer, Elles, Eriksson, Esclopé, Ettl, Jillian Evans, Jonathan 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, Gargani, Garot, Garriga Polledo, Gasòliba i Böhm, de Gaulle, Gawronski, Gebhardt, Gemelli, Ghilardotti, Gill, Gillig, Gil-Robles Gil-Delgado, Glante, Glase, Gobbo, Goebbels, Goepel, Görlach, Gollnisch, Gomolka, Goodwill, Gorostiaga Atxalandabaso, 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, Hoff, Honeyball, Hortefeux, Howitt, Hudghton, Hughes, Huhne, van Hulten, Hume, Hyland, Iivari, Ilgenfritz, Inglewood, Isler Béguin, Izquierdo Collado, Izquierdo Rojo, Jackson, Jarzembowski, Jeggle, Jensen, Jöns, Jonckheer, Jové Peres, Junker, Karamanou, Karas, Katiforis, Kaufmann, Kauppi, 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, Ludford, Lulling, Lund, Lynne, Maat, Maaten, McAvan, McCarthy, McCartin, MacCormick, McKenna, McMillan-Scott, McNally, Maes, Maij-Weggen, Malliori, Manders, Manisco, Erika Mann, Thomas Mann, Mantovani, Marchiani, Marinho, Marini, Marinos, Markov, Marques, Marset Campos, Martens, David W. Martin, Hans-Peter Martin, Hugues Martin, Martinez, Martínez Martínez, Mastorakis, Mathieu, Matikainen-Kallström, Mauro, Hans-Peter Mayer, Xaver Mayer, Mayol i Raynal, Medina Ortega, Meijer, Méndez de Vigo, Mendiluce Pereiro, Menéndez del Valle, Mennea, Mennitti, Menrad, Messner, Miguélez Ramos, Miller, Miranda de Lage, Modrow, Mombaur, Monsonís Domingo, Moraes, Moreira Da Silva, Morgantini, Morillon, Emilia Franziska Müller, Müller, Mulder, Murphy, Muscardini, Musotto, Mussa, Musumeci, Myller, Napoletano, Naranjo Escobar, Nassauer, Newton Dunn, Nicholson, Nicholson of Winterbourne, Niebler, Nisticò, Nobilia, Nogueira Román, Nordmann, Obiols i Germà, Ojeda Sanz, Olsson, Ó Neachtain, Onesta, Oomen-Ruijten, Oostlander, Oreja Arburúa, Ortuondo Larrea, O'Toole, Paasilinna, Pacheco Pereira, Paciotti, Pack, Pannella, Papayannakis, Parish, Pasqua, Pastorelli, Patakis, Patrie, Paulsen, Pérez Álvarez, Pérez Royo, Roy Perry, Pesälä, Pex, Piecyk, Piétrasanta, Pirker, Piscarreta, Pisicchio, Pittella, Plooij-van Gorsel, Podestà, Poettering, Pohjamo, Poignant, Pomés Ruiz, Poos, Posselt, Prets, Procacci, Pronk, Provan, Puerta, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Randzio-Plath, Rapkay, Raschhofer, Raymond, Read, Redondo Jiménez, Ribeiro e Castro, Ries, Riis-Jørgensen, Ripoll y Martínez de Bedoya, Rod, de Roo, Roth-Behrendt, Rothe, Rothley, Roure, Rovsing, Rübig, Rühle, Ruffolo, Sacconi, Sacrédeus, Saint-Josse, Sakellariou, Salafranca Sánchez-Neyra, Sandbæk, Sanders-ten Holte, 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, Sichrovsky, Simpson, Skinner, Smet, Sörensen, Sommer, Sornosa Martínez, Souchet, Souladakis, Sousa Pinto, Speroni, Staes, Stenmarck, Stenzel, Sterckx, Stevenson, Stihler, Stirbois, Stockmann, Sturdy, Suominen, Swiebel, Swoboda, Sylla, Sørensen, Tajani, Tannock, Terrón i Cusí, Theato, Thomas-Mauro, Thorning-Schmidt, Thors, Titford, Titley, Torres Marques, Trakatellis, Trentin, Tsatsos, Turchi, Turco, Turmes, Uca, Vachetta, Väyrynen, Vairinhos, Valenciano Martínez-Orozco, Vallvé, Van Brempt, Van Hecke, Van Lancker, Van Orden, Varaut, Varela Suanzes-Carpegna, Vatanen, Vattimo, van Velzen, Vermeer, de Veyrinas, Vidal-Quadras Roca, Villiers, Vinci, Virrankoski, Vlasto, Voggenhuber, Volcic, Wachtmeister, Wallis, Walter, Watson, Watts, Weiler, Wenzel-Perillo, Whitehead, Wieland, Wiersma, Wijkman, von Wogau, Wuermeling, Wuori, Wurtz, Wyn, Wynn, Xarchakos, Zabell, Zacharakis, Zappalà, Zimeray, Zimmerling, Zissener, Zorba, Zrihen.

Observers

Bagó Zoltán, Balla Mihály, Bastys Mindaugas, Bekasovs Martijans, Beneš Miroslav, Biela Adam, Bielan Adam, Bobelis Kazys Jaunutis, Bonnici Josef, Christodoulidis Doros, Chronowski Andrzej, Chrzanowski Zbigniew, Ciemniak Gra¿yna, Cileviès Boriss, Cybulski Zygmunt, Czinege Imre, Demetriou Panayiotis, Didžiokas Gintaras, Drzêźla Bernard, Ekert Milan, Ékes József, Falbr Richard, Fazakas Szabolcs, Fenech Antonio, Figel' Jan, Filipek Krzysztof, Gałżewski Andrzej, Gawłowski Andrzej, Germiè Ljubo, Grabowska Genowefa, Gruber Attila, Grzebisz-Nowicka Zofia, Gurmai Zita, Gyürk András, Holáò Vilém, Horvat Franc, Jaskiernia Jerzy, Kamiñski Michał Tomasz, Kâposts Andis, Kelemen András, Kiršteins Aleksandrs, Kïaviòš Paulis, Klich Bogdan, Kłopotek Eugeniusz, Klukowski Wacław, Koláø Robert, Koneèná Kateøina, Kósá Kovács Magda, Kozlík Sergej, Kreitzberg Peeter, Krišèiûnas Kêstutis, Kroupa Daniel, Kuboviè Pavol, Kuzmickas Kêstutis, Kvietkauskas Vytautas, Laar Mart, Lepper Andrzej, Lewandowski Janusz Antoni, Liberadzki Bogusław, Libicki Marcin, Lisak Janusz, Litwiniec Bogusław, Lydeka Arminas, Łyżwiñski Stanisław, Macierewicz Antoni, Maldeikis Eugenijus, Mallotová Helena, Manninger Jenõ, Masácová Petra, Maštálka Jiří, Matsakis Marios, Mavrou Eleni, Õry Csaba, Pêczak Andrzej, Pieniążek Jerzy, Pîks Rihards, Plokšto Artur, Podgórski Bogdan, Pospíšil Jiří, Protasiewicz Jacek, Pusz Sylwia, Reiljan Janno, Rutkowski Krzysztof, Savi Toomas, Sefzig Luděk, Ševc Jozef, Siekierski Czesław, Smorawiñski Jerzy, Surján László, Svoboda Pavel, Szabó Zoltán, Szájer József, Szczygło Aleksander, Tomaka Jan, Tomczak Witold, Vaculík Josef, Valys Antanas, Vareikis Egidijus, Vastagh Pál, Vella George, Vësaitë Birutë, Wenderlich Jerzy, Widuch Marek, Wikiñski Marek, Wiśniowska Genowefa, Wojciechowski Janusz, Żenkiewicz Marian, Žiak Rudolf.

---

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.   Draft amending budget 3/2003

Report: FÄRM (A5-0261/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

qualified majority

2.   EC-Guinea fishing agreement *

Report: OJEDA SANZ (A5-0264/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

3.   Mid-term review of EU-Greenland fisheries protocol

Report: MIGUELEZ RAMOS (A5-0228/2003)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

4.   Minimum level of training of seafarers ***I

Report: POIGNANT (A5-0152/2003)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 1-2
  21
  23 | committee | | + | |
| amendments by committee responsible — separate votes | 3 | committee | sep | - | |
| 4 | committee | RCV | - | 92, 415, 11 |
| 5 | committee | sep | - | |
| 6 | committee | sep | - | |
| 10 | committee | RCV | - | 93, 430, 8 |
| 12 | committee | sep | - | |
| 20 | committee | sep | - | |
| art 17 | 24 | PIECYK ao | | - | |
| art 18, § 3, point (a) | 25 | PSE | | + | |
| 7 | committee | | ↓ | |
| art 18, § 3, point (b) | 26 | PSE | | + | |
| 8 | committee | | ↓ | |
| art 18, § 3, after point (b) | 27 | PSE | | + | |
| 9 | committee | | ↓ | |
| art 18, § 3, point (c) | 28 | PSE | | + | |
| art 18, § 3, point (d) | 29 | PSE | | + | |
| 11 | committee | | ↓ | |
| art 18a | 30 | PSE | | + | |
| 13 | committee | | ↓ | |
| 14 | committee | | ↓ | |
| art 18b, § 1 | 15 | committee | | - | |
| 31 cp | PSE | | + | |
| art 18b, after § 1 | 31 cp | PSE | | + | |
| art 18b, § 2 | 16 | committee | | + | |
| 31 cp | PSE | | + | |
| art 18b, § 3 | 17 | committee | | - | |
| art 18b, after § 3 | 31 cp | PSE | | + | |
| art 18b, after § 4 | 18 | committee | | - | |
| 19 | committee | | - | |
| 31 cp | PSE | | + | |
| art 18 (c) | 32 | PSE | | + | |
| art 2, ‘entry into force’ | 22 | committee | | - | |
| 33 | PSE | | + | |
| art 2, point (a) | 34 | PSE | | + | |
| 35 | PSE | | + | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

1-2

21

23

committee

+

amendments by committee responsible — separate votes

3

committee

sep

-

4

committee

RCV

-

92, 415, 11

5

committee

sep

-

6

committee

sep

-

10

committee

RCV

-

93, 430, 8

12

committee

sep

-

20

committee

sep

-

art 17

24

PIECYK ao

-

art 18, § 3, point (a)

25

PSE

+

7

committee

↓

art 18, § 3, point (b)

26

PSE

+

8

committee

↓

art 18, § 3, after point (b)

27

PSE

+

9

committee

↓

art 18, § 3, point (c)

28

PSE

+

art 18, § 3, point (d)

29

PSE

+

11

committee

↓

art 18a

30

PSE

+

13

committee

↓

14

committee

↓

art 18b, § 1

15

committee

-

31 cp

PSE

+

art 18b, after § 1

31 cp

PSE

+

art 18b, § 2

16

committee

+

31 cp

PSE

+

art 18b, § 3

17

committee

-

art 18b, after § 3

31 cp

PSE

+

art 18b, after § 4

18

committee

-

19

committee

-

31 cp

PSE

+

art 18 (c)

32

PSE

+

art 2, ‘entry into force’

22

committee

-

33

PSE

+

art 2, point (a)

34

PSE

+

35

PSE

+

vote: amended proposal

+

vote: legislative resolution

+

Requests for roll-call votes

Verts/ALE: ams 4, 10

Requests for separate vote

PSE: ams 3, 4, 5, 6, 10, 12, 20

ELDR: ams 3, 4, 5, 6, 12

5.   Coordination of social security systems ***I

Report: LAMBERT (A5-0226/2003)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 3-19
  21-26
  28-32
  34-35
  37-40 | committee | | + | |
| amendments by committee responsible — separate votes | 1 | committee | RCV | - | 25, 488, 42 |
| 2 | committee | RCV | - | 227, 281, 43 |
| 20 | committee | sep/EV | - | 65, 274, 211 |
| 33 | committee | sep | - | |
| 43 | committee | RCV | - | 229, 290, 42 |
| 44 | committee | split | | |
| 1 | - | |
| 2 | + | |
| 45 | committee | RCV | + | 367, 155, 38 |
| art 15 | 50 | PPE-DE + PSE + Verts/ALE + ELDR | | + | |
| art 18 | 36 | committee | | - | |
| 53 | PPE-DE + PSE + ELDR + Verts/ALE | | + | |
| art 20 | 41 | committee | | - | |
| 54 | PPE-DE + PSE + ELDR + Verts/ALE | | + | |
| art 55 | 55 | PPE-DE, PSE + Verts/ALE | | + | |
| art 27a | 42 | committee | sep | ↓ | |
| art 57 | 51 | PPE-DE + PSE + Verts/ALE + ELDR | | + | |
| art 59 | 52 | PPE-DE + PSE + Verts/ALE + ELDR | | + | |
| art 72 | 56 | PPE-DE + Verts/ALE | RCV | + | 454, 19, 81 |
| rec


  (block vote) | 46-47 | PPE-DE + PSE + Verts/ALE + ELDR | | + | |
| rec | 48 | PPE-DE + PSE + Verts/ALE + ELDR | RCV | + | 443, 64, 42 |
| rec | 49 | PPE-DE + PSE + Verts/ALE + ELDR | sep | + | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

3-19

21-26

28-32

34-35

37-40

committee

+

amendments by committee responsible — separate votes

1

committee

RCV

-

25, 488, 42

2

committee

RCV

-

227, 281, 43

20

committee

sep/EV

-

65, 274, 211

33

committee

sep

-

43

committee

RCV

-

229, 290, 42

44

committee

split

1

-

2

+

45

committee

RCV

+

367, 155, 38

art 15

50

PPE-DE + PSE + Verts/ALE + ELDR

+

art 18

36

committee

-

53

PPE-DE + PSE + ELDR + Verts/ALE

+

art 20

41

committee

-

54

PPE-DE + PSE + ELDR + Verts/ALE

+

art 55

55

PPE-DE, PSE + Verts/ALE

+

art 27a

42

committee

sep

↓

art 57

51

PPE-DE + PSE + Verts/ALE + ELDR

+

art 59

52

PPE-DE + PSE + Verts/ALE + ELDR

+

art 72

56

PPE-DE + Verts/ALE

RCV

+

454, 19, 81

rec

(block vote)

46-47

PPE-DE + PSE + Verts/ALE + ELDR

+

rec

48

PPE-DE + PSE + Verts/ALE + ELDR

RCV

+

443, 64, 42

rec

49

PPE-DE + PSE + Verts/ALE + ELDR

sep

+

vote: amended proposal

+

vote: legislative resolution

+

Amendment 27 did not concern all language versions and was therefore not put to the vote [Rule 140(1)(d)]

Requests for roll-call votes

PPE-DE: am 56

Mr BUSHILL-MATTHEWS et al: ams 1, 2, 43, 45, 48

Requests for split votes

PSE

am 44

1st part:‘to foster cooperation ... and employment law’ [(ba) and (bb)]

2nd part:‘to put forward ... security schemes;’ [(bc)]

Requests for separate vote

PPE-DE: ams 2, 20, 43

PSE: ams 20, 43, 48, 56

Verts/ALE: ams 1, 20, 33, 42, 44, 49

UEN: ams 1, 20, 42, 43, 45

Other information

The PSE Group had withdrawn its signature from am 56.

6.   DAPHNE II (2004-2008) ***I

Report: GRÖNER (A5-0280/2003)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 1-10
  12-14
  16-17
  19-29
  31-34
  36-38
  40 | committee | | + | |
| amendments by committee responsible — separate votes | 11 | committee | sep/EV | + | 287, 252, 12 |
| 15 | committee | split | | |
| 1 | + | |
| 2 | - | |
| 30 | committee | split | | |
| 1 | + | |
| 2 | - | |
| 35 | committee | sep | + | |
| 39 | committee | sep | + | |
| art 5, § 1 | 41 | PSE | RCV | - | 270, 271, 20 |
| 18 | committee | | + | |
| vote: amended proposal | | + | |
| vote: legislative resolution | RCV | + | 506, 0, 53 |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

1-10

12-14

16-17

19-29

31-34

36-38

40

committee

+

amendments by committee responsible — separate votes

11

committee

sep/EV

+

287, 252, 12

15

committee

split

1

+

2

-

30

committee

split

1

+

2

-

35

committee

sep

+

39

committee

sep

+

art 5, § 1

41

PSE

RCV

-

270, 271, 20

18

committee

+

vote: amended proposal

+

vote: legislative resolution

RCV

+

506, 0, 53

Requests for roll-call votes

PSE: am 41, final vote

Requests for split votes

PPE-DE

am 15

1st part: text as a whole except the words ‘and potential aggressors’

2nd part: those words

am 30

1st part: text as a whole except the words ‘and potential aggressors’

2nd part: those words

Requests for separate vote

PPE-DE: ams 11, 35, 39

7.   Economic accounts for agriculture ***I

Report: IZQUIERDO ROJO (A5-0268/2003)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| text as a whole (block vote) | 1-5 | PSE | EV | - | 213, 298, 37 |
| vote: amended proposal | | + | |
| vote: legislative resolution | RCV | + | 532, 5, 21 |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

text as a whole (block vote)

1-5

PSE

EV

-

213, 298, 37

vote: amended proposal

+

vote: legislative resolution

RCV

+

532, 5, 21

Requests for roll-call votes

PPE-DE: final vote

8.   Legal bases and compliance with Community law

Report: KOUKIADIS (A5-0180/2003)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| vote: resolution (as a whole) | | + | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

vote: resolution (as a whole)

+

9.   Implementing the social policy agenda

Report: FIGUEIREDO (A5-0247/2003)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 3 | | original text | split | | |
| 1 | + | |
| 2 | + | |
| after § 3 | 11 | GUE/NGL | | - | |
| § 6 | 16 | PPE-DE | | + | |
| § 7, point (a) | | original text | sep | + | |
| § 7, after point (c) | 1 =
  5 = | PSE
  Verts/ALE | RCV | + | 398, 141, 14 |
| 17 | PPE-DE | split/RCV | | |
| 1 | + | 360, 139, 41 |
| 2 | - | 154, 333, 36 |
| 2 =
  6 = | PSE
  Verts/ALE | RCV | ↓ | |
| 3 =
  7 = | PSE
  Verts/ALE | RCV | + | 395, 128, 25 |
| § 7, point (g) | 12 | GUE/NGL | | - | |
| § | original text | sep/EV | + | 419, 91, 12 |
| § 7, point (h) | | original text | sep | + | |
| § 7, point (i) | | original text | split | | |
| 1 | + | |
| 2 | + | |
| § 7, point (k) | 15 | PPE-DE | | + | |
| § 9 | 4 =
  8 = | PSE
  Verts/ALE | RCV | - | 249, 279, 8 |
| § 10 | | original text | split | | |
| 1 | + | |
| 2 | + | |
| § 13 | 14 | GUE/NGL | | - | |
| after rec B | 9 | GUE/NGL | | - | |
| rec C | 13 | GUE/NGL | | - | |
| rec J | 10 | GUE/NGL | | - | |
| vote: resolution (as a whole) | | + | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 3

original text

split

1

+

2

+

after § 3

11

GUE/NGL

-

§ 6

16

PPE-DE

+

§ 7, point (a)

original text

sep

+

§ 7, after point (c)

1 =

5 =

PSE

Verts/ALE

RCV

+

398, 141, 14

17

PPE-DE

split/RCV

1

+

360, 139, 41

2

-

154, 333, 36

2 =

6 =

PSE

Verts/ALE

RCV

↓

3 =

7 =

PSE

Verts/ALE

RCV

+

395, 128, 25

§ 7, point (g)

12

GUE/NGL

-

§

original text

sep/EV

+

419, 91, 12

§ 7, point (h)

original text

sep

+

§ 7, point (i)

original text

split

1

+

2

+

§ 7, point (k)

15

PPE-DE

+

§ 9

4 =

8 =

PSE

Verts/ALE

RCV

-

249, 279, 8

§ 10

original text

split

1

+

2

+

§ 13

14

GUE/NGL

-

after rec B

9

GUE/NGL

-

rec C

13

GUE/NGL

-

rec J

10

GUE/NGL

-

vote: resolution (as a whole)

+

Requests for roll-call votes

PSE: ams 1, 2, 3, 4

Mr BUSHILL-MATTHEWS et al: ams 2, 4, 6, 8, 17

Requests for split votes

PSE

am 17

1st part: text as a whole except the words ‘and the right to impose lock-outs’

2nd part: those words

ELDR

§ 7, point (i)

1st part: text as a whole except the words ‘scheduling targets to bring about that reduction’

2nd part: remainder

§ 10

1st part: text as a whole except the words ‘as an inalienable individual right that cannot be foregone’

2nd part: those words

GUE/NGL

§ 3

1st part: up to ‘the Stability Pact’

2nd part: remainder

Requests for separate vote

ELDR: § 7, points (a), (g) and (h)

Other information

Mrs Cauquil had also signed am. 11.

10.   The rights and dignity of disabled people

Report: LYNNE (A5-0270/2003)

| Subject | Am no. | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 10 | | original text | split | | |
| 1 | + | |
| 2/RCV | + | 398, 125, 8 |
| § 11 | | original text | split | | |
| 1 | + | |
| 2/RCV | + | 387, 111, 11 |
| vote: resolution (as a whole) | | + | |

Subject

Am no.

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 10

original text

split

1

+

2/RCV

+

398, 125, 8

§ 11

original text

split

1

+

2/RCV

+

387, 111, 11

vote: resolution (as a whole)

+

Requests for split votes

PSE

§ 10

1st part: text as a whole except the words ‘and organisations representing disabled people’

2nd part: those words

§ 11

1st part: text as a whole except the words ‘and representing’

2nd part: those words

---

ANNEX II

RESULTS OF ROLL-CALL VOTES

Poignant report A5-0152/2003

Amendment 4

For: 92

EDD: Andersen, Belder, Bernié, Blokland, Bonde, Butel, van Dam, Esclopé, Mathieu, Raymond, Sandbæk

ELDR: Boogerd-Quaak, Nordmann

GUE/NGL: Ainardi, Alavanos, Bakopoulos, Blak, Bordes, Boudjenah, Brie, Caudron, Cauquil, Di Lello Finuoli, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Krivine, Laguiller, Markov, Marset Campos, Meijer, Modrow, Papayannakis, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Uca, Vachetta, Vinci, Wurtz

NI: Borghezio, Gobbo, Speroni

PPE-DE: Wijkman

PSE: Carnero González, Martin David W., Weiler

UEN: Hyland

Verts/ALE: Aaltonen, Auroi, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Cohn-Bendit, Dhaene, Echerer, Evans Jillian, Flautre, Frassoni, Gahrton, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, MacCormick, Maes, Mayol i Raynal, Messner, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Staes, Turmes, Wuori, Wyn

Against: 415

EDD: Booth, Farage, Kuntz, Titford

ELDR: Andreasen, André-Léonard, Attwooll, van den Bos, Busk, Costa Paolo, Davies, De Clercq, Di Pietro, Duff, Dybkjær, Flesch, Gasòliba i Böhm, Huhne, Jensen, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sanders-ten Holte, Sbarbati, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

NI: Berthu, Beysen, Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Garaud, Hager, Ilgenfritz, Kronberger, de La Perriere, Sichrovsky, Souchet, Turco

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Avilés Perea, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, von Boetticher, Bourlanges, Bowis, Bradbourn, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Costa Raffaele, Cunha, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, De Veyrac, Doorn, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferri, Fiori, Florenz, Folias, Foster, Fourtou, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennea, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Scapagnini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stenmarck, Stenzel, Stevenson, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Trakatellis, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, von Wogau, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling

PSE: Adam, Aparicio Sánchez, Baltas, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Colom i Naval, Corbett, Darras, Dehousse, De Keyser, De Rossa, Désir, Díez González, Duhamel, Duin, Ettl, Färm, Fava, Ferreira, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, McAvan, McCarthy, 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 Rosemarie, Murphy, Myller, Napoletano, Obiols i Germà, O'Toole, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Scheele, Simpson, Skinner, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Thorning-Schmidt, Titley, Torres Marques, Vairinhos, Valenciano Martínez-Orozco, Van Brempt, Van Lancker, Vattimo, Volcic, Walter, Watts, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Andrews, Berlato, Bigliardo, Camre, Fitzsimons, Marchiani, Mussa, Musumeci, Nobilia, Ó Neachtain, Pasqua, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Abstention: 11

EDD: Abitbol

GUE/NGL: Alyssandrakis, Korakas, Patakis

NI: Claeys, Dillen, de Gaulle, Gollnisch, Lang, Martinez, Stirbois

Poignant report A5-0152/2003

Amendment 10

For: 93

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

ELDR: Boogerd-Quaak, Di Pietro

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

NI: Kronberger, Raschhofer

PPE-DE: Wijkman

UEN: Fitzsimons

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

Against: 430

EDD: Abitbol, Booth, Farage, Kuntz, Titford

ELDR: Andreasen, André-Léonard, Attwooll, van den Bos, Busk, Costa Paolo, De Clercq, Duff, Dybkjær, Flesch, Gasòliba i Böhm, Huhne, Jensen, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sanders-ten Holte, Sbarbati, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

NI: Berthu, Beysen, Bonino, Borghezio, Cappato, Claeys, Dell'Alba, Della Vedova, Dillen, Dupuis, de Gaulle, Gobbo, Gollnisch, Hager, Ilgenfritz, Lang, de La Perriere, Sichrovsky, Souchet, Speroni, Stirbois, Turco

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Avilés Perea, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Costa Raffaele, Cunha, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, De Veyrac, Doorn, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Folias, Foster, Fourtou, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennea, Mennitti, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Scapagnini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stenmarck, Stenzel, Stevenson, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Trakatellis, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, von Wogau, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Campos, Carlotti, Carnero González, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Colom i Naval, Corbett, Corbey, Darras, Dehousse, De Keyser, De Rossa, Désir, Díez González, Duhamel, Duin, Ettl, Färm, Fava, Ferreira, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Hoff, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Müller Rosemarie, Murphy, Myller, Napoletano, Obiols i Germà, O'Toole, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Scheele, Schulz, Simpson, Skinner, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Thorning-Schmidt, Titley, Torres Marques, Vairinhos, Valenciano Martínez-Orozco, Van Brempt, Van Lancker, Vattimo, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Andrews, Berlato, Camre, Hyland, Musumeci, Nobilia, Ó Neachtain, Queiró, Segni, Turchi

Abstention: 8

NI: Garaud, Martinez

UEN: Bigliardo, Marchiani, Mussa, Pasqua, Ribeiro e Castro, Thomas-Mauro

Lambert report A5-0226/2003

Amendment 1

For: 25

EDD: Andersen, Belder, Blokland, Bonde, van Dam, Sandbæk

ELDR: Boogerd-Quaak, Flesch, Paulsen, Schmidt, Thors

GUE/NGL: Alyssandrakis, Korakas, Patakis

NI: Borghezio, Gobbo, Ilgenfritz, Kronberger, Raschhofer, Speroni

PPE-DE: Oostlander

PSE: Gröner, Junker

UEN: Fitzsimons

Verts/ALE: Gahrton

Against: 488

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

ELDR: Andreasen, André-Léonard, Attwooll, van den Bos, Busk, Costa Paolo, Davies, De Clercq, Di Pietro, Duff, Dybkjær, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Olsson, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sanders-ten Holte, Sbarbati, Sterckx, Sørensen, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

GUE/NGL: Ainardi, Alavanos, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Krivine, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Papayannakis, Puerta, Scarbonchi, Schmid Herman, Seppänen, Sylla, Uca, Vachetta, Vinci, Wurtz

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

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Costa Raffaele, Cunha, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Folias, Foster, Fourtou, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, McCartin, McMillan-Scott, Maij-Weggen, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennea, Mennitti, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Scapagnini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stenmarck, Stenzel, Stevenson, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Trakatellis, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carrilho, Casaca, Cercas, Cerdeira Morterero, Colom i Naval, Corbey, Darras, Dehousse, De Keyser, De Rossa, Désir, Díez González, Duhamel, Duin, Ettl, Färm, Fava, Ferreira, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Keßler, Kindermann, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miranda de Lage, Müller Rosemarie, Myller, Napoletano, Obiols i Germà, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Sornosa Martínez, Souladakis, Sousa Pinto, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Thorning-Schmidt, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Brempt, Van Lancker, Vattimo, Volcic, Walter, Weiler, Wiersma, Zimeray, Zorba, Zrihen

UEN: Angelilli, Berlato, Bigliardo, Camre, Collins, Crowley, Hyland, Marchiani, Muscardini, Mussa, Musumeci, Nobilia, Ó Neachtain, Pasqua, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

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

Abstention: 42

EDD: Abitbol

GUE/NGL: Bordes, Cauquil, Laguiller

NI: Bonino, Cappato, Claeys, Dell'Alba, Della Vedova, Dillen, Dupuis, Garaud, de Gaulle, Gollnisch, Lang, Martinez, Pannella, Stirbois, Turco

PSE: Adam, Bowe, Cashman, Ford, Honeyball, Howitt, Kinnock, McAvan, McCarthy, McNally, Martin David W., Miller, Moraes, Murphy, O'Toole, Read, Simpson, Skinner, Stihler, Titley, Watts, Whitehead, Wynn

Lambert report A5-0226/2003

Amendment 2

For: 227

EDD: Andersen, Bonde, Sandbæk

ELDR: Boogerd-Quaak, Flesch, Sterckx, Thors

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

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

PPE-DE: Wijkman

PSE: Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carrilho, Casaca, Cercas, Cerdeira Morterero, Colom i Naval, Corbey, Darras, Dehousse, De Keyser, De Rossa, Désir, Díez González, Duhamel, Duin, Ettl, Färm, Fava, Ferreira, Fruteau, Garot, Gebhardt, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Keßler, Kindermann, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miranda de Lage, Müller Rosemarie, Myller, Napoletano, Obiols i Germà, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schulz, Sornosa Martínez, Souladakis, Sousa Pinto, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Thorning-Schmidt, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Brempt, Van Lancker, Vattimo, Volcic, Walter, Weiler, Wiersma, Zimeray, Zorba, Zrihen

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

Against: 281

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

ELDR: Andreasen, André-Léonard, Attwooll, van den Bos, Busk, Costa Paolo, Davies, De Clercq, Di Pietro, Duff, Dybkjær, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sanders-ten Holte, Sbarbati, Schmidt, Sørensen, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

NI: Berthu, Beysen, Garaud, Hager, de La Perriere, Sichrovsky, Souchet

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Costa Raffaele, Cunha, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Folias, Foster, Fourtou, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, McCartin, McMillan-Scott, Maij-Weggen, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Scapagnini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stenmarck, Stenzel, Stevenson, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Trakatellis, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

UEN: Andrews, Angelilli, Bigliardo, Camre, Crowley, Fitzsimons, Hyland, Marchiani, Muscardini, Mussa, Musumeci, Nobilia, Ó Neachtain, Pasqua, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Abstention: 43

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

NI: Bonino, Borghezio, Cappato, Dell'Alba, Della Vedova, Dupuis, Gobbo, Pannella, Speroni, Turco

PSE: Adam, Bowe, Cashman, Corbett, Ford, Gill, Honeyball, Howitt, Kinnock, McAvan, McCarthy, McNally, Martin David W., Miller, Moraes, Murphy, O'Toole, Read, Simpson, Skinner, Stihler, Titley, Watts, Whitehead, Wynn

UEN: Berlato

Lambert report A5-0226/2003

Amendment 43

For: 229

EDD: Belder, Blokland, van Dam

ELDR: Boogerd-Quaak, Flesch, Olsson, Sterckx, Thors, Van Hecke

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

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

PPE-DE: Glase, Wijkman

PSE: Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, Berger, Bösch, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carrilho, Casaca, Cercas, Cerdeira Morterero, Colom i Naval, Corbey, Darras, Dehousse, De Keyser, De Rossa, Désir, Díez González, Duhamel, Duin, Ettl, Färm, Fava, Ferreira, Fruteau, Garot, Gebhardt, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Hoff, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Katiforis, Keßler, Kindermann, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miranda de Lage, Müller Rosemarie, Myller, Napoletano, Obiols i Germà, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Prets, Randzio-Plath, Rapkay, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Sornosa Martínez, Souladakis, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Brempt, Van Lancker, Vattimo, Walter, Weiler, Wiersma, Zimeray, Zorba, Zrihen

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

Against: 290

EDD: Abitbol, Andersen, Bonde, Booth, Coûteaux, Farage, Kuntz, Sandbæk, Titford

ELDR: Andreasen, André-Léonard, Attwooll, van den Bos, Busk, Costa Paolo, Davies, De Clercq, Di Pietro, Duff, Dybkjær, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sanders-ten Holte, Sbarbati, Schmidt, Sørensen, Väyrynen, Vallvé, Vermeer, Virrankoski, Wallis, Watson

NI: Berthu, Beysen, Hager, Ilgenfritz, de La Perriere, Sichrovsky, Souchet, Varaut

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Costa Raffaele, Cunha, Cushnahan, Daul, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Goepel, Gomolka, Goodwill, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, McCartin, McMillan-Scott, Maij-Weggen, Mann Thomas, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennea, Mennitti, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Scapagnini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stenmarck, Stenzel, Stevenson, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Trakatellis, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: van den Berg, Lund, Thorning-Schmidt

UEN: Andrews, Angelilli, Berlato, Bigliardo, Camre, Collins, Crowley, Fitzsimons, Hyland, Marchiani, Muscardini, Mussa, Musumeci, Nobilia, Ó Neachtain, Pasqua, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Abstention: 42

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

NI: Bonino, Borghezio, Cappato, Dell'Alba, Della Vedova, Dupuis, Gobbo, Pannella, Speroni, Turco

PSE: Adam, Bowe, Cashman, Corbett, Ford, Gill, Honeyball, Howitt, Kinnock, McAvan, McCarthy, McNally, Martin David W., Miller, Moraes, Murphy, O'Toole, Poos, Read, Skinner, Sousa Pinto, Stihler, Titley, Watts, Whitehead, Wynn

Lambert report A5-0226/2003

Amendment 45

For: 367

EDD: Andersen, Bonde, Sandbæk

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Costa Paolo, Davies, De Clercq, Di Pietro, Duff, Dybkjær, Flesch, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sanders-ten Holte, Sbarbati, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

NI: Beysen, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Ilgenfritz, Kronberger, Lang, Martinez, Raschhofer, Stirbois

PPE-DE: Almeida Garrett, Arvidsson, Averoff, Avilés Perea, Ayuso González, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Brok, Brunetta, Camisón Asensio, Cesaro, Cocilovo, Coelho, Cornillet, Cunha, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, De Veyrac, Doorn, Ebner, Fatuzzo, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Folias, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hansenne, Hatzidakis, Hermange, Hernández Mollar, Herranz García, Hieronymi, Hortefeux, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lombardo, Maat, McCartin, Maij-Weggen, Mann Thomas, Mantovani, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennea, Mennitti, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Naranjo Escobar, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Pérez Álvarez, Pex, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scapagnini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stenmarck, Stenzel, Sudre, Suominen, Tajani, Theato, Trakatellis, Valdivielso de Cué, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, van den Berg, Berger, Bösch, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carrilho, Casaca, Cercas, Cerdeira Morterero, Colom i Naval, Corbey, Darras, Dehousse, De Keyser, De Rossa, Désir, Díez González, Duhamel, Duin, Ettl, Färm, Fava, Ferreira, Fruteau, Garot, Gebhardt, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Hoff, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Katiforis, Keßler, Kindermann, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miranda de Lage, Müller Rosemarie, Myller, Napoletano, Obiols i Germà, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Sornosa Martínez, Souladakis, Sousa Pinto, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Thorning-Schmidt, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Brempt, Van Lancker, Vattimo, Volcic, Walter, Weiler, Wiersma, Zimeray, Zorba, Zrihen

Against: 155

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

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

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

PPE-DE: Atkins, Balfe, Beazley, Bowis, Bradbourn, Bushill-Matthews, Callanan, Chichester, Corrie, Costa Raffaele, Deva, Dover, Elles, Evans Jonathan, Ferber, Foster, Goodwill, Hannan, Harbour, Heaton-Harris, Helmer, Inglewood, Jackson, Khanbhai, Kirkhope, McMillan-Scott, Nicholson, Parish, Perry, Purvis, Scallon, Stevenson, Sturdy, Tannock, Van Orden, Villiers

UEN: Andrews, Angelilli, Berlato, Bigliardo, Camre, Collins, Crowley, Fitzsimons, Hyland, Marchiani, Muscardini, Mussa, Musumeci, Nobilia, Ó Neachtain, Pasqua, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

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

Abstention: 38

GUE/NGL: Bordes, Cauquil, Laguiller

NI: Bonino, Borghezio, Cappato, Dell'Alba, Della Vedova, Dupuis, Gobbo, Pannella, Speroni, Turco

PSE: Adam, Bowe, Cashman, Corbett, Ford, Gill, Honeyball, Howitt, Kinnock, McAvan, McCarthy, McNally, Martin David W., Miller, Moraes, Murphy, O'Toole, Read, Simpson, Skinner, Stihler, Titley, Watts, Whitehead, Wynn

Lambert report A5-0226/2003

Amendment 56

For: 454

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Davies, De Clercq, Di Pietro, Duff, Dybkjær, Flesch, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Monsonís Domingo, Newton Dunn, Nicholson of Winterbourne, Nordmann, Olsson, Paulsen, Pesälä, Pohjamo, Ries, Riis-Jørgensen, Sbarbati, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

GUE/NGL: Ainardi, Alavanos, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Papayannakis, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sylla, Uca, Vinci, Wurtz

NI: Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gobbo, Gollnisch, Gorostiaga Atxalandabaso, Hager, Ilgenfritz, Kronberger, Lang, Martinez, Raschhofer, Sichrovsky, Speroni, Stirbois

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, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cunha, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, McCartin, McMillan-Scott, Maij-Weggen, Mann Thomas, Mantovani, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Sartori, Scallon, Scapagnini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stenmarck, Stenzel, Stevenson, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Trakatellis, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Barón Crespo, Berès, van den Berg, Berger, Bullmann, Campos, Carnero González, Casaca, Cashman, Cercas, Colom i Naval, Corbey, Dehousse, De Rossa, Díez González, Duhamel, Duin, Ettl, Färm, Ford, Garot, Gill, Glante, Goebbels, Görlach, Gröner, Hänsch, Haug, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Junker, Karamanou, Katiforis, Koukiadis, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, McAvan, McCarthy, McNally, Malliori, Mann Erika, Martin David W., Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Murphy, Myller, Napoletano, Obiols i Germà, O'Toole, Patrie, Pérez Royo, Piecyk, Pittella, Poos, Prets, Randzio-Plath, Rapkay, Read, Roth-Behrendt, Rothe, Rothley, Sakellariou, Sauquillo Pérez del Arco, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Sousa Pinto, Stihler, Swiebel, Swoboda, Terrón i Cusí, Titley, Torres Marques, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Brempt, Walter, Watts, Weiler, Whitehead, Wiersma, Zimeray

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

Against: 19

EDD: Abitbol, Coûteaux, Kuntz

ELDR: Costa Paolo

NI: Berthu, de La Perriere, Souchet, Varaut

PPE-DE: Costa Raffaele, Mennea, Santini

PSE: Kreissl-Dörfler, Kuckelkorn, Marinho

UEN: Camre, Marchiani, Pasqua, Segni, Thomas-Mauro

Abstention: 81

EDD: Booth, Farage, Titford

GUE/NGL: Alyssandrakis, Bordes, Cauquil, Korakas, Krivine, Laguiller, Patakis, Vachetta

NI: Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Pannella, Turco

PSE: Adam, Aparicio Sánchez, Baltas, Berenguer Fuster, Bösch, Bowe, van den Burg, Carlotti, Carrilho, Cerdeira Morterero, Corbett, Darras, De Keyser, Désir, Fava, Ferreira, Fruteau, Gebhardt, Gillig, Guy-Quint, Hazan, Hedkvist Petersen, Hoff, Jöns, Kindermann, Kinnock, Krehl, Lund, Moraes, Müller Rosemarie, Paciotti, Poignant, Roure, Ruffolo, Sacconi, dos Santos, Savary, Sornosa Martínez, Souladakis, Stockmann, Thorning-Schmidt, Van Lancker, Vattimo, Volcic, Wynn, Zorba, Zrihen

UEN: Andrews, Angelilli, Berlato, Bigliardo, Collins, Crowley, Fitzsimons, Hyland, Muscardini, Mussa, Musumeci, Nobilia, Ó Neachtain, Queiró, Ribeiro e Castro, Turchi

Lambert report A5-0226/2003

Amendment 48

For: 443

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Costa Paolo, Davies, De Clercq, Di Pietro, Duff, Dybkjær, Flesch, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sanders-ten Holte, Sbarbati, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

GUE/NGL: Ainardi, Alavanos, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Boudjenah, Brie, Caudron, Di Lello Finuoli, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Papayannakis, Patakis, Puerta, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sylla, Uca, Vinci, Wurtz

NI: Beysen, Borghezio, Gobbo, Hager, Ilgenfritz, Kronberger, Raschhofer, Sichrovsky, Speroni

PPE-DE: Almeida Garrett, Arvidsson, Averoff, Avilés Perea, Ayuso González, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Brok, Brunetta, Camisón Asensio, Cocilovo, Coelho, Cornillet, Costa Raffaele, Cunha, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, De Veyrac, Doorn, Ebner, Fatuzzo, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Folias, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Hansenne, Hatzidakis, Hermange, Hernández Mollar, Herranz García, Hieronymi, Hortefeux, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, McCartin, Maij-Weggen, Mann Thomas, Mantovani, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennea, Mennitti, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Naranjo Escobar, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Pérez Álvarez, Pex, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Sartori, Scapagnini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stenmarck, Stenzel, Sudre, Suominen, Tajani, Theato, Trakatellis, Valdivielso de Cué, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carrilho, Casaca, Cercas, Cerdeira Morterero, Colom i Naval, Corbey, Darras, Dehousse, De Keyser, De Rossa, Désir, Díez González, Duhamel, Duin, Ettl, Färm, Fava, Ferreira, Fruteau, Garot, Gebhardt, Gillig, Glante, Görlach, Gröner, Hänsch, Haug, Hazan, Hedkvist Petersen, Hoff, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Katiforis, Keßler, Kindermann, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, McNally, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miranda de Lage, Müller Rosemarie, Myller, Napoletano, Obiols i Germà, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Rapkay, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schulz, Sornosa Martínez, Souladakis, Sousa Pinto, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Thorning-Schmidt, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Brempt, Van Lancker, Vattimo, Volcic, Walter, Weiler, Wiersma, Zimeray, Zorba, Zrihen

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

Against: 64

EDD: Abitbol, Andersen, Bonde, Booth, Coûteaux, Farage, Kuntz, Sandbæk, Titford

NI: Berthu, de La Perriere, Souchet, Varaut

PPE-DE: Atkins, Balfe, Beazley, Bowis, Bradbourn, Bushill-Matthews, Callanan, Cesaro, Chichester, Corrie, Deva, Dover, Elles, Evans Jonathan, Ferber, Foster, Goodwill, Hannan, Harbour, Heaton-Harris, Helmer, Inglewood, Jackson, Khanbhai, Kirkhope, McMillan-Scott, Nicholson, Parish, Perry, Purvis, Scallon, Stevenson, Sturdy, Tannock, Van Orden, Villiers

UEN: Angelilli, Bigliardo, Camre, Collins, Crowley, Marchiani, Muscardini, Mussa, Nobilia, Ó Neachtain, Pasqua, Queiró, Ribeiro e Castro, Thomas-Mauro, Turchi

Abstention: 42

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

NI: Claeys, Dell'Alba, Dillen, Dupuis, Garaud, de Gaulle, Gollnisch, Gorostiaga Atxalandabaso, Lang, Martinez, Stirbois

PSE: Adam, Bowe, Cashman, Corbett, Ford, Gill, Honeyball, Howitt, Kinnock, McAvan, McCarthy, Martin David W., Miller, Moraes, Murphy, O'Toole, Read, Schmid Gerhard, Simpson, Skinner, Stihler, Titley, Watts, Whitehead, Wynn

UEN: Musumeci

Gröner report A5-0280/2003

Amendment 41

For: 270

EDD: Abitbol, Andersen, Bonde, Coûteaux, Kuntz, Sandbæk

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

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

NI: Borghezio, Gobbo, Gorostiaga Atxalandabaso, Ilgenfritz, Kronberger, de La Perriere, Raschhofer, Souchet, Speroni, Varaut

PSE: Adam, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Colom i Naval, Corbett, Corbey, Darras, Dehousse, De Keyser, De Rossa, Désir, Díez González, Duhamel, Duin, Ettl, Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Haug, Hazan, Hedkvist Petersen, Hoff, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Müller Rosemarie, Murphy, Myller, Napoletano, Obiols i Germà, O'Toole, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Read, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schulz, Simpson, Skinner, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Brempt, Van Lancker, Vattimo, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Zimeray, Zorba, Zrihen

UEN: Andrews, Angelilli, Berlato, Bigliardo, Camre, Collins, Crowley, Fitzsimons, Marchiani, Muscardini, Mussa, Musumeci, Nobilia, Ó Neachtain, Pasqua, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

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

Against: 271

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

ELDR: Andreasen, André-Léonard, Attwooll, Busk, Costa Paolo, Davies, De Clercq, Di Pietro, Duff, Flesch, Gasòliba i Böhm, Huhne, Jensen, Ludford, Maaten, Manders, Monsonís Domingo, Mulder, Nicholson of Winterbourne, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sanders-ten Holte, Sbarbati, Schmidt, Sterckx, Sørensen, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

NI: Berthu, Beysen, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Hager, Lang, Martinez, Sichrovsky, Stirbois

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Costa Raffaele, Cunha, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Hortefeux, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, McCartin, McMillan-Scott, Maij-Weggen, Mann Thomas, Mantovani, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennea, Mennitti, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Scapagnini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stenmarck, Stenzel, Stevenson, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Trakatellis, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

Abstention: 20

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

ELDR: Lynne, Newton Dunn

NI: Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Pannella, Turco

PSE: Bösch, Roth-Behrendt, Schmid Gerhard, Wynn

UEN: Hyland

Gröner report A5-0280/2003

Resolution

For: 506

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Costa Paolo, Davies, De Clercq, Di Pietro, Duff, Dybkjær, Flesch, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sanders-ten Holte, Sbarbati, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

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

NI: Berthu, Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gobbo, Gollnisch, Gorostiaga Atxalandabaso, Hager, Ilgenfritz, Kronberger, Lang, de La Perriere, Martinez, Raschhofer, Sichrovsky, Souchet, Speroni, Stirbois, Varaut

PPE-DE: Almeida Garrett, Arvidsson, Averoff, Avilés Perea, Ayuso González, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Brok, Brunetta, Camisón Asensio, Cesaro, Cocilovo, Coelho, Cornillet, Costa Raffaele, Cunha, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, De Veyrac, Doorn, Ebner, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Folias, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hansenne, Hatzidakis, Hermange, Hernández Mollar, Herranz García, Hieronymi, Hortefeux, Jarzembowski, Karas, Kauppi, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, McCartin, Maij-Weggen, Mann Thomas, Mantovani, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennea, Mennitti, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Naranjo Escobar, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Pérez Álvarez, Pex, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Pronk, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scapagnini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stenmarck, Stenzel, Sudre, Suominen, Tajani, Theato, Trakatellis, Valdivielso de Cué, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Colom i Naval, Corbett, Corbey, Darras, Dehousse, De Keyser, De Rossa, Désir, Díez González, Duhamel, Duin, Ettl, Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Müller Rosemarie, Murphy, Myller, Napoletano, Obiols i Germà, O'Toole, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Brempt, Van Lancker, Vattimo, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba, Zrihen

UEN: Andrews, Angelilli, Berlato, Bigliardo, Collins, Crowley, Fitzsimons, Hyland, Marchiani, Muscardini, Mussa, Nobilia, Ó Neachtain, Pasqua, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

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

Abstention: 53

EDD: Booth, Coûteaux, Farage, Kuntz, Titford

GUE/NGL: Alyssandrakis, Korakas, Patakis, Schröder Ilka

NI: Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Pannella, Turco

PPE-DE: Atkins, Balfe, Beazley, Bowis, Bradbourn, Bushill-Matthews, Callanan, Chichester, Corrie, Deva, Dover, Elles, Evans Jonathan, Foster, Goodwill, Hannan, Harbour, Heaton-Harris, Helmer, Inglewood, Jackson, Khanbhai, Kirkhope, McMillan-Scott, Nicholson, Parish, Perry, Posselt, Purvis, Scallon, Stevenson, Sturdy, Tannock, Van Orden, Villiers

UEN: Camre, Musumeci

Izquierdo Rojo report A5-0268/2003

Resolution

For: 532

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Costa Paolo, Davies, De Clercq, Di Pietro, Duff, Dybkjær, Flesch, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Ries, Riis-Jørgensen, Sanders-ten Holte, Sbarbati, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

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

NI: Berthu, Beysen, Borghezio, Gobbo, Gorostiaga Atxalandabaso, Hager, Ilgenfritz, Kronberger, de La Perriere, Raschhofer, Sichrovsky, Souchet, Speroni, Varaut

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Brok, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Costa Raffaele, Cunha, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, Descamps, Deva, De Veyrac, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Hansenne, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, McCartin, McMillan-Scott, Maij-Weggen, Mann Thomas, Mantovani, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennea, Mennitti, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Scapagnini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stenmarck, Stenzel, Stevenson, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Trakatellis, Valdivielso de Cué, Van Orden, Varela Suanzes- Carpegna, Vatanen, van Velzen, de Veyrinas, Vidal-Quadras Roca, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Colom i Naval, Corbett, Corbey, Darras, Dehousse, De Keyser, De Rossa, Désir, Díez González, Duhamel, Duin, Ettl, Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Hoff, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Müller Rosemarie, Murphy, Myller, Napoletano, Obiols i Germà, O'Toole, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Roth-Behrendt, Rothe, Rothley, Roure, Ruffolo, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Brempt, Van Lancker, Vattimo, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba, Zrihen

UEN: Andrews, Angelilli, Bigliardo, Camre, Collins, Crowley, Fitzsimons, Hyland, Marchiani, Muscardini, Mussa, Nobilia, Ó Neachtain, Pasqua, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

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

Against: 5

EDD: Booth, Farage, Titford

GUE/NGL: Alyssandrakis

PPE-DE: Cesaro

Abstention: 21

EDD: Abitbol

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

NI: Bonino, Cappato, Claeys, Dell'Alba, Della Vedova, Dillen, Dupuis, Garaud, de Gaulle, Gollnisch, Lang, Martinez, Pannella, Stirbois, Turco

Figueiredo report A5-0247/2003

Amendments 1 and 5

For: 398

ELDR: André-Léonard, Thors

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

NI: Gorostiaga Atxalandabaso, Hager, Ilgenfritz, Kronberger, Raschhofer, Sichrovsky

PPE-DE: Almeida Garrett, Averoff, Avilés Perea, Ayuso González, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Brok, Brunetta, Camisón Asensio, Cocilovo, Coelho, Cornillet, Costa Raffaele, Cushnahan, Daul, Dell'Utri, Deprez, De Sarnez, Descamps, De Veyrac, Doorn, Ebner, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Folias, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Graça Moura, Grosch, Grossetête, Gutiérrez-Cortines, Hansenne, Hatzidakis, Hermange, Hernández Mollar, Herranz García, Hieronymi, Jarzembowski, Jeggle, Karas, Keppelhoff-Wiechert, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lehne, Liese, Lisi, Lombardo, Lulling, Maat, McCartin, Maij-Weggen, Mann Thomas, Mantovani, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Naranjo Escobar, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Pex, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scapagnini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stenzel, Sudre, Suominen, Tajani, Theato, Trakatellis, Valdivielso de Cué, Varela Suanzes-Carpegna, Vatanen, van Velzen, Vidal-Quadras Roca, Vlasto, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Colom i Naval, Corbett, Corbey, Darras, Dehousse, De Keyser, De Rossa, Désir, Díez González, Duhamel, Duin, Ettl, Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Hoff, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Müller Rosemarie, Murphy, Myller, Napoletano, Obiols i Germà, O'Toole, Paciotti, Patrie, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Brempt, Van Lancker, Vattimo, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba, Zrihen

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

Against: 141

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

ELDR: Andreasen, Attwooll, Boogerd-Quaak, van den Bos, Busk, Costa Paolo, Davies, De Clercq, Di Pietro, Duff, Dybkjær, Flesch, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Olsson, Paulsen, Pesälä, Plooijvan Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Sanders-ten Holte, Sbarbati, Schmidt, Sterckx, Sørensen, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

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

PPE-DE: Arvidsson, Atkins, Balfe, Beazley, Bowis, Bradbourn, Bushill-Matthews, Callanan, Chichester, Corrie, Deva, Dover, Elles, Evans Jonathan, Foster, Goodwill, Grönfeldt Bergman, Hannan, Harbour, Heaton-Harris, Helmer, Inglewood, Jackson, Kauppi, Khanbhai, Kirkhope, McMillan-Scott, Mauro, Mennea, Nicholson, Parish, Pérez Álvarez, Perry, Purvis, Scallon, Stenmarck, Stevenson, Sturdy, Tannock, Van Orden, Villiers, Wachtmeister

PSE: Lund, Thorning-Schmidt

UEN: Andrews, Angelilli, Berlato, Bigliardo, Camre, Collins, Crowley, Fitzsimons, Hyland, Marchiani, Muscardini, Mussa, Musumeci, Nobilia, Ó Neachtain, Pasqua, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Abstention: 14

EDD: Saint-Josse

GUE/NGL: Bordes, Cauquil, Fraisse, Herzog, Laguiller

NI: Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Pannella, Turco

Verts/ALE: Gahrton

Figueiredo report A5-0257/2003

Amendment 17, 1st part

For: 360

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

NI: Beysen, Gorostiaga Atxalandabaso, Hager, Ilgenfritz, Kronberger, Raschhofer, Sichrovsky

PPE-DE: Almeida Garrett, Averoff, Avilés Perea, Ayuso González, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Brok, Brunetta, Camisón Asensio, Cocilovo, Coelho, Cornillet, Costa Raffaele, Cunha, Cushnahan, Daul, Dell'Utri, Deprez, De Sarnez, Descamps, De Veyrac, Doorn, Ebner, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Folias, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Graça Moura, Grosch, Grossetête, Gutiérrez-Cortines, Hansenne, Hatzidakis, Hermange, Hernández Mollar, Herranz García, Hieronymi, Jarzembowski, Jeggle, Karas, Keppelhoff-Wiechert, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lehne, Liese, Lisi, Lombardo, Maat, McCartin, Mann Thomas, Mantovani, Marini, Marinos, Marques, Martens, Martin Hugues, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Naranjo Escobar, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Pérez Álvarez, Pex, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scapagnini, Schaffner, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stenzel, Sudre, Tajani, Theato, Trakatellis, Valdivielso de Cué, Varela Suanzes-Carpegna, van Velzen, Vidal-Quadras Roca, Vlasto, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carrilho, Casaca, Cercas, Cerdeira Morterero, Colom i Naval, Corbey, Darras, Dehousse, De Keyser, De Rossa, Désir, Díez González, Duhamel, Duin, Ettl, Färm, Fava, Ferreira, Fruteau, Garot, Gebhardt, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Katiforis, Keßler, Kindermann, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Malliori, Mann Erika, Marinho, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miranda de Lage, Müller Rosemarie, Myller, Napoletano, Obiols i Germà, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Sornosa Martínez, Souladakis, Sousa Pinto, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Brempt, Van Lancker, Vattimo, Volcic, Walter, Wiersma, Zimeray, Zorba, Zrihen

Verts/ALE: Aaltonen, Auroi, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Echerer, Evans Jillian, Ferrández Lezaun, Frassoni, Gahrton, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, MacCormick, Maes, Messner, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Staes, Voggenhuber, Wuori, Wyn

Against: 139

EDD: Abitbol, Andersen, Belder, Blokland, Bonde, Booth, Coûteaux, van Dam, Farage, Kuntz, Raymond, Sandbæk, Titford

ELDR: Andreasen, Attwooll, Boogerd-Quaak, van den Bos, Busk, Costa Paolo, Davies, De Clercq, Di Pietro, Duff, Dybkjær, Flesch, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Olsson, Paulsen, Pesälä, Plooijvan Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Sanders-ten Holte, Sbarbati, Schmidt, Sterckx, Sørensen, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

GUE/NGL: Bordes, Cauquil, Laguiller

NI: Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gobbo, Gollnisch, Lang, de La Perriere, Souchet, Speroni, Stirbois, Varaut

PPE-DE: Arvidsson, Atkins, Balfe, Beazley, Bowis, Bradbourn, Bushill-Matthews, Callanan, Chichester, Corrie, Deva, Dover, Elles, Evans Jonathan, Fatuzzo, Foster, Goodwill, Grönfeldt Bergman, Hannan, Harbour, Heaton-Harris, Helmer, Inglewood, Jackson, Kauppi, Khanbhai, Kirkhope, McMillan-Scott, Maij-Weggen, Matikainen-Kallström, Mennea, Nicholson, Parish, Perry, Purvis, Scallon, Stenmarck, Stevenson, Sturdy, Suominen, Tannock, Van Orden, Vatanen, Villiers, Wachtmeister

PSE: Lund, Thorning-Schmidt

UEN: Andrews, Angelilli, Bigliardo, Camre, Collins, Crowley, Fitzsimons, Hyland, Marchiani, Muscardini, Mussa, Musumeci, Nobilia, Ó Neachtain, Pasqua, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Abstention: 41

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

GUE/NGL: Alyssandrakis, Korakas, Patakis

NI: Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Martinez, Pannella, Turco

PSE: Adam, Bowe, Cashman, Corbett, Ford, Gill, Honeyball, Howitt, Kinnock, McCarthy, McNally, Martin David W., Miller, Moraes, Murphy, O'Toole, Read, Simpson, Skinner, Stihler, Titley, Watts, Whitehead, Wynn

UEN: Berlato

Figueiredo report A5-0257/2003

Amendment 17, 2nd part

For: 154

ELDR: André-Léonard, Sanders-ten Holte

GUE/NGL: Fraisse, Modrow

NI: Hager, Ilgenfritz, Sichrovsky

PPE-DE: Almeida Garrett, Averoff, Avilés Perea, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Bébéar, Berend, Bodrato, Bourlanges, Brok, Brunetta, Camisón Asensio, Cocilovo, Coelho, Cornillet, Costa Raffaele, Cunha, Cushnahan, Daul, Dell'Utri, Deprez, Descamps, De Veyrac, Doorn, Ebner, Fatuzzo, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Folias, Fourtou, Friedrich, Galeote Quecedo, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Gomolka, Graça Moura, Grosch, Grossetête, Gutiérrez-Cortines, Hansenne, Hatzidakis, Hermange, Hernández Mollar, Herranz García, Hieronymi, Jarzembowski, Karas, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Laschet, Lehne, Liese, Lisi, McCartin, Mann Thomas, Mantovani, Marini, Marinos, Marques, Martens, Martin Hugues, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Pex, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scapagnini, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stenzel, Sudre, Tajani, Theato, Trakatellis, Valdivielso de Cué, van Velzen, Vidal-Quadras Roca, Vlasto, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Dehousse, Marinho, Martínez Martínez

Verts/ALE: Turmes

Against: 333

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

ELDR: Andreasen, Attwooll, Boogerd-Quaak, van den Bos, Busk, Costa Paolo, Davies, De Clercq, Di Pietro, Duff, Dybkjær, Flesch, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Olsson, Paulsen, Pesälä, Plooijvan Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Sbarbati, Schmidt, Sterckx, Sørensen, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

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

NI: Berthu, Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gobbo, Gollnisch, Gorostiaga Atxalandabaso, Kronberger, Lang, de La Perriere, Martinez, Souchet, Speroni, Stirbois, Varaut

PPE-DE: Arvidsson, Atkins, Balfe, Beazley, Bowis, Bradbourn, Bushill-Matthews, Chichester, Corrie, Deva, Dover, Elles, Evans Jonathan, Foster, Goodwill, Grönfeldt Bergman, Hannan, Harbour, Heaton-Harris, Helmer, Inglewood, Jackson, Kauppi, Khanbhai, Kirkhope, Langenhagen, Lulling, McMillan-Scott, Matikainen-Kallström, Mauro, Mennea, Nicholson, Parish, Perry, Purvis, Scallon, Stenmarck, Stevenson, Sturdy, Suominen, Tannock, Van Orden, Vatanen, Villiers, Wachtmeister

PSE: Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carrilho, Casaca, Cercas, Cerdeira Morterero, Colom i Naval, Corbey, Darras, De Keyser, De Rossa, Désir, Díez González, Duhamel, Duin, Ettl, Färm, Fava, Fruteau, Garot, Gebhardt, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Hoff, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Katiforis, Keßler, Kindermann, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, Malliori, Mann Erika, Martin Hans-Peter, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miranda de Lage, Müller Rosemarie, Myller, Napoletano, Obiols i Germà, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schulz, Sornosa Martínez, Souladakis, Sousa Pinto, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Thorning-Schmidt, Torres Marques, Trentin, Vairinhos, Valenciano Martínez-Orozco, Van Brempt, Van Lancker, Vattimo, Volcic, Walter, Weiler, Wiersma, Zimeray, Zorba, Zrihen

UEN: Andrews, Angelilli, Berlato, Bigliardo, Camre, Collins, Crowley, Fitzsimons, Hyland, Marchiani, Muscardini, Mussa, Nobilia, Ó Neachtain, Pasqua, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

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

Abstention: 36

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

ELDR: Manders

NI: Cappato, Dell'Alba, Dupuis, Pannella

PSE: Adam, Bowe, Cashman, Corbett, Ford, Gill, Honeyball, Howitt, Kinnock, McAvan, McCarthy, McNally, Miller, Moraes, Murphy, O'Toole, Read, Schmid Gerhard, Simpson, Skinner, Stihler, Titley, Watts, Whitehead, Wynn

Figueiredo report A5-0247/2003

Amendments 3 and 7

For: 395

ELDR: Attwooll, Boogerd-Quaak, van den Bos, Thors

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

NI: Gorostiaga Atxalandabaso, Hager, Ilgenfritz, Kronberger, Raschhofer, Sichrovsky

PPE-DE: Almeida Garrett, Averoff, Avilés Perea, Ayuso González, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Brok, Brunetta, Camisón Asensio, Cocilovo, Coelho, Cornillet, Costa Raffaele, Cunha, Cushnahan, Daul, Deprez, De Sarnez, Descamps, De Veyrac, Doorn, Ebner, Fatuzzo, Ferber, Ferrer, Ferri, Fiori, Flemming, Florenz, Folias, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Graça Moura, Grosch, Grossetête, Gutiérrez-Cortines, Hansenne, Hatzidakis, Hermange, Hernández Mollar, Herranz García, Hieronymi, Jarzembowski, Jeggle, Karas, Keppelhoff-Wiechert, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lehne, Liese, Lisi, Lombardo, Maat, McCartin, Maij-Weggen, Mann Thomas, Mantovani, Marini, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennitti, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Naranjo Escobar, Nassauer, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Pérez Álvarez, Pex, Pirker, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scapagnini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Schwaiger, Smet, Sommer, Stenzel, Sudre, Suominen, Tajani, Theato, Trakatellis, Valdivielso de Cué, Varela Suanzes-Carpegna, Vatanen, van Velzen, Vlasto, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Colom i Naval, Corbett, Corbey, Darras, Dehousse, De Keyser, De Rossa, Désir, Díez González, Duhamel, Duin, Ettl, Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Hänsch, Haug, Hazan, Hedkvist Petersen, Hoff, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Katiforis, Keßler, Kindermann, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Müller Rosemarie, Murphy, Myller, Napoletano, Obiols i Germà, O'Toole, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Brempt, Van Lancker, Vattimo, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Zimeray, Zorba, Zrihen

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

Against: 128

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

ELDR: Andreasen, André-Léonard, Busk, Costa Paolo, Davies, De Clercq, Di Pietro, Duff, Dybkjær, Flesch, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Sanders-ten Holte, Sbarbati, Schmidt, Sterckx, Sørensen, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

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

PPE-DE: Arvidsson, Atkins, Balfe, Beazley, Bowis, Bradbourn, Bushill-Matthews, Callanan, Chichester, Corrie, Deva, Dover, Elles, Evans Jonathan, Fernández Martín, Foster, Goodwill, Grönfeldt Bergman, Hannan, Harbour, Heaton-Harris, Helmer, Inglewood, Jackson, Kauppi, Khanbhai, Kirkhope, Lulling, McMillan-Scott, Mennea, Nicholson, Parish, Perry, Purvis, Scallon, Stenmarck, Stevenson, Sturdy, Tannock, Van Orden, Villiers, Wachtmeister

UEN: Andrews, Angelilli, Berlato, Bigliardo, Camre, Collins, Crowley, Fitzsimons, Hyland, Marchiani, Muscardini, Mussa, Musumeci, Nobilia, Ó Neachtain, Pasqua, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Abstention: 25

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

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

NI: Bonino, Borghezio, Cappato, Dell'Alba, Dupuis, Gobbo, Pannella, Speroni, Turco

PPE-DE: Rübig, Xarchakos

PSE: Adam, Wynn

Figueiredo report A5-0247/2003

Amendments 4 and 8

For: 249

EDD: Belder, Blokland, van Dam

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

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

PPE-DE: Kauppi, Pomés Ruiz, Wijkman, Zappalà

PSE: Adam, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Colom i Naval, Corbett, Corbey, Darras, Dehousse, De Keyser, De Rossa, Désir, Díez González, Duhamel, Duin, Ettl, Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Hoff, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Izquierdo Collado, Izquierdo Rojo, Jöns, Junker, Karamanou, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Lavarra, Leinen, Linkohr, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martin Hans-Peter, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Müller Rosemarie, Murphy, Myller, Napoletano, Obiols i Germà, O'Toole, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, dos Santos, Sauquillo Pérez del Arco, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Titley, Torres Marques, Trentin, Vairinhos, Valenciano Martínez-Orozco, Van Brempt, Van Lancker, Vattimo, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn, Zimeray, Zorba, Zrihen

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

Against: 279

EDD: Andersen, Bernié, Bonde, Butel, Coûteaux, Esclopé, Farage, Kuntz, Mathieu, Raymond, Saint-Josse, Sandbæk, Titford

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, Busk, Costa Paolo, Davies, De Clercq, Di Pietro, Duff, Dybkjær, Flesch, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Olsson, Paulsen, Pesälä, Plooijvan Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Sanders-ten Holte, Sbarbati, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

NI: Berthu, Beysen, Borghezio, Gobbo, Hager, de La Perriere, Sichrovsky, Souchet, Varaut

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Brok, Bushill-Matthews, Camisón Asensio, Chichester, Coelho, Cornillet, Corrie, Costa Raffaele, Cunha, Cushnahan, Daul, Dell'Utri, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Maij-Weggen, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennea, Mennitti, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Podestà, Poettering, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Scapagnini, Schaffner, Schierhuber, Schleicher, Schnellhardt, Schwaiger, Smet, Sommer, Stenmarck, Stenzel, Stevenson, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Trakatellis, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, Vidal-Quadras Roca, Villiers, Vlasto, Wenzel-Perillo, Wieland, von Wogau, Wuermeling, Xarchakos, Zabell, Zacharakis, Zimmerling, Zissener

UEN: Angelilli, Berlato, Camre, Collins, Crowley, Fitzsimons, Marchiani, Muscardini, Mussa, Musumeci, Nobilia, Ó Neachtain, Pasqua, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Abstention: 8

NI: Cappato, Dell'Alba, Della Vedova, Garaud, Pannella, Turco

PSE: Lund, Thorning-Schmidt

Lynne report A5-0270/2003

Paragraph 10, 2nd part

For: 398

EDD: Andersen, Bonde, Esclopé, Kuntz, Mathieu, Raymond, Sandbæk

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Costa Paolo, Davies, De Clercq, Di Pietro, Duff, Dybkjær, Flesch, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Olsson, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Sanders-ten Holte, Sbarbati, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

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

NI: Berthu, Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gobbo, Gollnisch, Gorostiaga Atxalandabaso, Hager, Kronberger, Lang, de La Perriere, Martinez, Sichrovsky, Souchet, Stirbois, Varaut

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bowis, Bradbourn, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Chichester, Coelho, Cornillet, Corrie, Costa Raffaele, Cunha, Cushnahan, Daul, Dell'Utri, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Maij-Weggen, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennea, Mennitti, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Piscarreta, Podestà, Poettering, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Scapagnini, Schaffner, Schierhuber, Schleicher, Schnellhardt, Schwaiger, Smet, Sommer, Stenmarck, Stenzel, Stevenson, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Trakatellis, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Berès, van den Berg, van den Burg, Carlotti, Corbey, Darras, Dehousse, De Keyser, Ferreira, Fruteau, Garot, Gillig, Guy-Quint, Hazan, Izquierdo Collado, Izquierdo Rojo, Koukiadis, Lalumière, Malliori, Mann Erika, Marinho, Martin Hans-Peter, Martínez Martínez, Mendiluce Pereiro, Menéndez del Valle, Miranda de Lage, Patrie, Pérez Royo, Poignant, Roure, Sauquillo Pérez del Arco, Savary, Sornosa Martínez, Swiebel, Terrón i Cusí, Valenciano Martínez-Orozco, Zorba, Zrihen

UEN: Angelilli, Berlato, Camre, Collins, Crowley, Fitzsimons, Marchiani, Muscardini, Mussa, Musumeci, Nobilia, Ó Neachtain, Pasqua, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Verts/ALE: Aaltonen, Auroi, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Cohn-Bendit, Dhaene, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, MacCormick, Messner, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Staes, Turmes, Voggenhuber, Wuori, Wyn

Against: 125

EDD: Belder, Bernié, Blokland, Booth, Butel, van Dam, Farage, Saint-Josse, Titford

PSE: Adam, Aparicio Sánchez, Baltas, Barón Crespo, Berenguer Fuster, Berger, Bösch, Bowe, Bullmann, Campos, Carnero González, Carrilho, Casaca, Cashman, Cercas, Cerdeira Morterero, Colom i Naval, Corbett, De Rossa, Désir, Díez González, Duhamel, Duin, Ettl, Färm, Fava, Ford, Gebhardt, Gill, Glante, Goebbels, Görlach, Gröner, Hänsch, Haug, Hedkvist Petersen, Hoff, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Imbeni, Jöns, Junker, Karamanou, Katiforis, Keßler, Kindermann, Kinnock, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lange, Lavarra, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Martin David W., Mastorakis, Medina Ortega, Miguélez Ramos, Miller, Moraes, Müller Rosemarie, Murphy, Myller, Napoletano, Obiols i Germà, O'Toole, Paciotti, Piecyk, Pittella, Poos, Prets, Randzio-Plath, Rapkay, Read, Roth-Behrendt, Rothe, Rothley, Sacconi, Sakellariou, dos Santos, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Souladakis, Sousa Pinto, Stihler, Stockmann, Swoboda, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Van Brempt, Van Lancker, Vattimo, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn

Abstention: 8

GUE/NGL: Krivine, Vachetta

NI: Bonino, Cappato, Dell'Alba, Della Vedova, Pannella, Turco

Lynne report A5-0270/2003

Paragraph 11, 2nd part

For: 387

EDD: Andersen, Bonde, Esclopé, Kuntz, Mathieu, Raymond, Sandbæk

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Costa Paolo, Davies, De Clercq, Di Pietro, Duff, Dybkjær, Flesch, Gasòliba i Böhm, Huhne, Jensen, Ludford, Lynne, Maaten, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nicholson of Winterbourne, Nordmann, Olsson, Paulsen, Pesälä, Pohjamo, Procacci, Riis-Jørgensen, Sbarbati, Schmidt, Sterckx, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

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

NI: Berthu, Beysen, Borghezio, Claeys, Dillen, Garaud, de Gaulle, Gobbo, Gollnisch, Gorostiaga Atxalandabaso, Hager, Kronberger, Lang, de La Perriere, Martinez, Sichrovsky, Souchet, Stirbois, Varaut

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Bébéar, Berend, Bodrato, von Boetticher, Bourlanges, Bowis, Bradbourn, Brok, Bushill-Matthews, Callanan, Camisón Asensio, Chichester, Coelho, Cornillet, Corrie, Costa Raffaele, Cunha, Cushnahan, Daul, De Sarnez, Descamps, Deva, De Veyrac, Doorn, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Folias, Foster, Fourtou, Friedrich, Gahler, Galeote Quecedo, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hernández Mollar, Herranz García, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Karas, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Maij-Weggen, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Méndez de Vigo, Mennea, Mennitti, Menrad, Mombaur, Moreira Da Silva, Morillon, Müller Emilia Franziska, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Pirker, Piscarreta, Podestà, Poettering, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Redondo Jiménez, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Scapagnini, Schierhuber, Schleicher, Schwaiger, Smet, Sommer, Stenmarck, Stenzel, Stevenson, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Trakatellis, Valdivielso de Cué, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, Vidal-Quadras Roca, Villiers, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, von Wogau, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Aparicio Sánchez, Berès, van den Berg, van den Burg, Carlotti, Cercas, Colom i Naval, Corbey, Darras, Dehousse, De Keyser, Désir, Duhamel, Duin, Ferreira, Fruteau, Garot, Gillig, Görlach, Guy-Quint, Hazan, Imbeni, Izquierdo Collado, Izquierdo Rojo, Lalumière, Leinen, McNally, Marinho, Martínez Martínez, Mendiluce Pereiro, Menéndez del Valle, Miranda de Lage, Patrie, Pérez Royo, Poignant, Rothley, Roure, Sauquillo Pérez del Arco, Savary, Sornosa Martínez, Swiebel, Terrón i Cusí, Zorba, Zrihen

UEN: Angelilli, Berlato, Camre, Collins, Crowley, Fitzsimons, Muscardini, Mussa, Musumeci, Nobilia, Ó Neachtain, Queiró, Ribeiro e Castro, Segni, Turchi

Verts/ALE: Aaltonen, Auroi, Boumediene-Thiery, Bouwman, Buitenweg, Cohn-Bendit, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, MacCormick, Maes, Messner, Nogueira Román, Onesta, Piétrasanta, Rod, de Roo, Rühle, Schroedter, Sörensen, Staes, Turmes, Voggenhuber, Wuori, Wyn

Against: 111

EDD: Belder, Bernié, Blokland, Booth, Butel, Coûteaux, van Dam, Farage, Saint-Josse, Titford

PPE-DE: Gutiérrez-Cortines, Kauppi

PSE: Adam, Baltas, Barón Crespo, Berenguer Fuster, Berger, Bösch, Bowe, Bullmann, Campos, Carnero González, Carrilho, Casaca, Cashman, Cerdeira Morterero, De Rossa, Díez González, Ettl, Fava, Ford, Gebhardt, Gill, Glante, Goebbels, Gröner, Hänsch, Haug, Hedkvist Petersen, Hoff, Honeyball, Howitt, Hughes, van Hulten, Hume, Iivari, Jöns, Karamanou, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lange, Lavarra, Linkohr, Lund, McAvan, Malliori, Mann Erika, Martin David W., Mastorakis, Medina Ortega, Miguélez Ramos, Miller, Moraes, Müller Rosemarie, Murphy, Myller, Napoletano, Obiols i Germà, O'Toole, Paciotti, Piecyk, Poos, Prets, Randzio-Plath, Rapkay, Read, Roth-Behrendt, Rothe, Sacconi, Sakellariou, dos Santos, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Souladakis, Sousa Pinto, Stihler, Stockmann, Thorning-Schmidt, Titley, Torres Marques, Trentin, Van Lancker, Vattimo, Volcic, Walter, Watts, Weiler, Whitehead, Wiersma, Wynn

Abstention: 11

GUE/NGL: Krivine, Vachetta

NI: Bonino, Cappato, Dell'Alba, Della Vedova, Pannella, Turco

PSE: Martin Hans-Peter, Swoboda, Vairinhos

---

TEXTS ADOPTED

P5_TA(2003)0361

Draft amending budget No 3/2003

European Parliament resolution on draft amending budget No 3/2003 of the European Union for the financial year 2003 — (10190/2003 — C5-0289/2003 — 2003/2103(BUD))

The European Parliament,

| — | having regard to Article 272 of the EC Treaty and Article 177 of the Euratom Treaty, |
| --- | --- |

—

having regard to Article 272 of the EC Treaty and Article 177 of the Euratom Treaty,

| — | having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1) and particularly Articles 37 and 38 thereof, |
| --- | --- |

—

having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1) and particularly Articles 37 and 38 thereof,

| — | having regard to the general budget of the European Union for the financial year 2003, as finally adopted on 19 December 2002 (2), |
| --- | --- |

—

having regard to the general budget of the European Union for the financial year 2003, as finally adopted on 19 December 2002 (2),

| — | having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (3), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (3),

| — | having regard to the preliminary draft amending budget No 3/2003 of the European Union for the financial year 2003, which the Commission presented on 14 May 2003 (SEC(2003) 552), |
| --- | --- |

—

having regard to the preliminary draft amending budget No 3/2003 of the European Union for the financial year 2003, which the Commission presented on 14 May 2003 (SEC(2003) 552),

| — | having regard to the draft amending budget No 3/2003 of the European Union for the financial year 2003, which the Council established on 16 June 2003 (10190/2003 — C5-0289/2003), |
| --- | --- |

—

having regard to the draft amending budget No 3/2003 of the European Union for the financial year 2003, which the Council established on 16 June 2003 (10190/2003 — C5-0289/2003),

| — | having regard to Rule 92 of and Annex IV to its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 92 of and Annex IV to its Rules of Procedure,

| — | having regard to the report of the Committee on Budgets (A5-0261/2003), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A5-0261/2003),

| A. | whereas the draft amending budget No 3/2003 aims to enter in the 2003 budget the surplus from the 2002 financial year, amounting to EUR 7,4 billion, |
| --- | --- |

A.

whereas the draft amending budget No 3/2003 aims to enter in the 2003 budget the surplus from the 2002 financial year, amounting to EUR 7,4 billion,

| B. | whereas this surplus consists of various elements, the most important being the under-implementation of EU programmes to an amount of EUR 8,95 billion, |
| --- | --- |

B.

whereas this surplus consists of various elements, the most important being the under-implementation of EU programmes to an amount of EUR 8,95 billion,

| C. | whereas, however, EUR 1 billion of the surplus was already included when adopting the 2003 budget, |
| --- | --- |

C.

whereas, however, EUR 1 billion of the surplus was already included when adopting the 2003 budget,

| D. | whereas the exact and final amount of the surplus was dependent on the outcome of amending budgets Nos 1/2003 and 2/2003, each containing elements which might have affected the final result, |
| --- | --- |

D.

whereas the exact and final amount of the surplus was dependent on the outcome of amending budgets Nos 1/2003 and 2/2003, each containing elements which might have affected the final result,

| E. | whereas the Council established draft amending budget No 3/2003 before the full completion of the procedures for amending budgets Nos 1/2003 and 2/2003, |
| --- | --- |

E.

whereas the Council established draft amending budget No 3/2003 before the full completion of the procedures for amending budgets Nos 1/2003 and 2/2003,

| 1. | Deplores the fact that the surplus for 2002 amounts to EUR 7,4 billion; notes, nevertheless, that it is a significant step forward compared to the amount of EUR 15 billion for 2001; |
| --- | --- |

1.

Deplores the fact that the surplus for 2002 amounts to EUR 7,4 billion; notes, nevertheless, that it is a significant step forward compared to the amount of EUR 15 billion for 2001;

| 2. | Agrees with the Council's modification of the preliminary draft amending budget No 3/2003; |
| --- | --- |

2.

Agrees with the Council's modification of the preliminary draft amending budget No 3/2003;

| 3. | Regrets, however, the timing of the Council's adoption of the draft amending budget, which should have been adopted only after full completion of the procedures for amending budgets Nos 1/2003 and 2/2003; |
| --- | --- |

3.

Regrets, however, the timing of the Council's adoption of the draft amending budget, which should have been adopted only after full completion of the procedures for amending budgets Nos 1/2003 and 2/2003;

| 4. | Has decided not to introduce budgetary amendments and to accept Council's draft amending budget No 3/2003; |
| --- | --- |

4.

Has decided not to introduce budgetary amendments and to accept Council's draft amending budget No 3/2003;

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

5.

Instructs its President to forward this resolution to the Council and the Commission.

---

(1)  OJ L 248, 16.9.2002.

(2)  OJ L 54, 28.2.2003.

(3)  OJ C 172, 18.6.1999, p. 1.

P5_TA(2003)0362

EC-Guinea fishing agreement *

European Parliament legislative resolution on the proposal for a Council regulation on the conclusion of the Agreement in the form of an Exchange of Letters concerning the extension of the 2000-2001 Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Government of the Revolutionary People's Republic of Guinea on fishing off the Guinean coast for the period 1 January 2003 to 31 December 2003 (COM(2003) 107 — C5-0128/2003 — 2003/0049(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the proposal for a Council regulation (COM(2003) 107) (1), |
| --- | --- |

—

having regard to the proposal for a Council regulation (COM(2003) 107) (1),

| — | having regard to Articles 37 and 300(2) of the EC Treaty, |
| --- | --- |

—

having regard to Articles 37 and 300(2) of the EC Treaty,

| — | having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0128/2003), |
| --- | --- |

—

having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0128/2003),

| — | 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 Fisheries (A5-0264/2003), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A5-0264/2003),

| 1. | Approves the proposal for a Council regulation as amended and approves conclusion of the agreement; |
| --- | --- |

1.

Approves the proposal for a Council regulation as amended and approves conclusion of the agreement;

| 2. | Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and the Revolutionary People's Republic of Guinea. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and the Revolutionary People's Republic of Guinea.

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| Article 3a (new) |
| | Article 3a




  Prior to the conclusion of any negotiations on the renewal of the current Agreement, the Commission shall submit to Parliament and the Council a report on the Agreement's implementation. The report shall include a cost-benefit analysis which shall in turn ensure that the financial compensation for special measures for sustainable development contributes to improving the living conditions of the people of the country concerned. |
| Amendment 2 |
| Article 3b (new) |
| | Article 3b




  On the basis of this report mentioned in Article 3a and after consulting the European Parliament, the Council shall, where appropriate, give the Commission a mandate to commence negotiations with a view to the adoption of a new protocol. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

Article 3a (new)

Article 3a

Prior to the conclusion of any negotiations on the renewal of the current Agreement, the Commission shall submit to Parliament and the Council a report on the Agreement's implementation. The report shall include a cost-benefit analysis which shall in turn ensure that the financial compensation for special measures for sustainable development contributes to improving the living conditions of the people of the country concerned.

Amendment 2

Article 3b (new)

Article 3b

On the basis of this report mentioned in Article 3a and after consulting the European Parliament, the Council shall, where appropriate, give the Commission a mandate to commence negotiations with a view to the adoption of a new protocol.

---

(1)  Not yet published in OJ.

P5_TA(2003)0363

Mid-term review of EU-Greenland fisheries protocol

European Parliament resolution on a communication from the Commission to the Council and the European Parliament on mid-term review of the fourth fisheries protocol between the EU and Greenland (COM(2002) 697 — 2003/2035(INI))

The European Parliament,

| — | having regard to the communication from the Commission (COM(2002) 697), |
| --- | --- |

—

having regard to the communication from the Commission (COM(2002) 697),

| — | having regard to the conclusions of the Fisheries Council of 30 October 1997 with regard to international fisheries agreements, |
| --- | --- |

—

having regard to the conclusions of the Fisheries Council of 30 October 1997 with regard to international fisheries agreements,

| — | having regard to its resolution of 16 May 2001 on the conclusion of the Fourth Protocol to the Agreement on fisheries between the European Economic Community, on the one hand, and the Government of Denmark and the local government of Greenland, on the other (1), |
| --- | --- |

—

having regard to its resolution of 16 May 2001 on the conclusion of the Fourth Protocol to the Agreement on fisheries between the European Economic Community, on the one hand, and the Government of Denmark and the local government of Greenland, on the other (1),

| — | having regard to its resolution of 17 January 2002 on the Commission Green Paper on the future of the common fisheries policy (2), |
| --- | --- |

—

having regard to its resolution of 17 January 2002 on the Commission Green Paper on the future of the common fisheries policy (2),

| — | having regard to its resolution of 20 November 2002 on the Commission communication on the reform of the common fisheries policy (‘Roadmap’) (3), |
| --- | --- |

—

having regard to its resolution of 20 November 2002 on the Commission communication on the reform of the common fisheries policy (‘Roadmap’) (3),

| — | having regard to its resolution of 16 January 2003 on the Northern Dimension — New Action Plan 2004-2006 (4), |
| --- | --- |

—

having regard to its resolution of 16 January 2003 on the Northern Dimension — New Action Plan 2004-2006 (4),

| — | having regard to the Court of Auditors' Special Report 3/2001 concerning the Commission's management of the international fisheries agreements (5), and the annual report on the 2001 financial year (6), |
| --- | --- |

—

having regard to the Court of Auditors' Special Report 3/2001 concerning the Commission's management of the international fisheries agreements (5), and the annual report on the 2001 financial year (6),

| — | 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 Fisheries and the opinion of the Committee on Budgets (A5-0228/2003), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries and the opinion of the Committee on Budgets (A5-0228/2003),

| A. | whereas international fisheries agreements between the Community and third countries must be governed by the same principles, without distinction, within an integrated framework for the conclusion of fisheries agreements, including the principles of governance, transparency and optimal use of the Union's budgetary resources, |
| --- | --- |

A.

whereas international fisheries agreements between the Community and third countries must be governed by the same principles, without distinction, within an integrated framework for the conclusion of fisheries agreements, including the principles of governance, transparency and optimal use of the Union's budgetary resources,

| B. | whereas the Treaty of withdrawal or Greenland Treaty, which governs relations between the Community and Greenland, provides for the unrestricted exporting of Greenland fisheries products to the Community in return for a fisheries agreement with satisfactory possibilities, |
| --- | --- |

B.

whereas the Treaty of withdrawal or Greenland Treaty, which governs relations between the Community and Greenland, provides for the unrestricted exporting of Greenland fisheries products to the Community in return for a fisheries agreement with satisfactory possibilities,

| C. | whereas the framework for relations between the Community and Greenland needs to be reassessed and, in the last phase of the European Convention and on the eve of an intergovernmental conference, this is the right time to make changes to Article 188 of the Treaty to make it possible to reach a cooperation agreement with Greenland, as well as a fisheries agreement, |
| --- | --- |

C.

whereas the framework for relations between the Community and Greenland needs to be reassessed and, in the last phase of the European Convention and on the eve of an intergovernmental conference, this is the right time to make changes to Article 188 of the Treaty to make it possible to reach a cooperation agreement with Greenland, as well as a fisheries agreement,

| D. | whereas this agreement is the second most important agreement signed by the Community in terms of financial compensation, though not in terms of catch possibilities, |
| --- | --- |

D.

whereas this agreement is the second most important agreement signed by the Community in terms of financial compensation, though not in terms of catch possibilities,

| E. | whereas the Court of Auditors has severely criticised the Commission's management of fisheries agreements, and in particular the atypical features of this fisheries agreement and the fact that financial compensation is disproportionate by comparison with catches, |
| --- | --- |

E.

whereas the Court of Auditors has severely criticised the Commission's management of fisheries agreements, and in particular the atypical features of this fisheries agreement and the fact that financial compensation is disproportionate by comparison with catches,

| F. | whereas, nevertheless, close relations need to be maintained between the Community and Greenland, and Greenland has an important role to play in maintaining sustainable development throughout the Arctic region, occupying a central position in the Nordic dimension of Union policy, |
| --- | --- |

F.

whereas, nevertheless, close relations need to be maintained between the Community and Greenland, and Greenland has an important role to play in maintaining sustainable development throughout the Arctic region, occupying a central position in the Nordic dimension of Union policy,

| G. | whereas, through the exchange of quotas, this fisheries agreement allows Community vessels to fish in the fishing grounds of Iceland, Norway and the Faroes, |
| --- | --- |

G.

whereas, through the exchange of quotas, this fisheries agreement allows Community vessels to fish in the fishing grounds of Iceland, Norway and the Faroes,

| H. | whereas on the other hand this represents an injustice, since thanks to Community financial resources it is possible for vessels from those three countries to fish in Greenland's fishing grounds, whilst other vessels from the Community fleet are not able to do so, |
| --- | --- |

H.

whereas on the other hand this represents an injustice, since thanks to Community financial resources it is possible for vessels from those three countries to fish in Greenland's fishing grounds, whilst other vessels from the Community fleet are not able to do so,

| I. | whereas this agreement is important for Greenland, given that the EUR 42.82 million per year in financial compensation represent 4 % of its GDP, i.e. EUR 900 per head, |
| --- | --- |

I.

whereas this agreement is important for Greenland, given that the EUR 42.82 million per year in financial compensation represent 4 % of its GDP, i.e. EUR 900 per head,

| J. | whereas financial cooperation has been increasing in each protocol, whilst fishing possibilities have been reduced, |
| --- | --- |

J.

whereas financial cooperation has been increasing in each protocol, whilst fishing possibilities have been reduced,

| K. | whereas financial compensation must precisely reflect the commercial value of the rights obtained, without including other elements, and costs must be divided between the Community and shipowners in an appropriate way, |
| --- | --- |

K.

whereas financial compensation must precisely reflect the commercial value of the rights obtained, without including other elements, and costs must be divided between the Community and shipowners in an appropriate way,

| L. | whereas the fishing rights obtained in an agreement must correspond to the actual catches, in terms of quantity and species, which can be expected from it on the basis of the available scientific reports, |
| --- | --- |

L.

whereas the fishing rights obtained in an agreement must correspond to the actual catches, in terms of quantity and species, which can be expected from it on the basis of the available scientific reports,

| M. | whereas it is necessary for the Community fleet to make optimal use of fishing possibilities, avoiding a situation where quotas remain unused at the end of the year, |
| --- | --- |

M.

whereas it is necessary for the Community fleet to make optimal use of fishing possibilities, avoiding a situation where quotas remain unused at the end of the year,

| N. | whereas the Community has extensive experience in setting up joint ventures with third countries, and joint ventures have beneficial effects for the Community and for the development of local fishing industries, |
| --- | --- |

N.

whereas the Community has extensive experience in setting up joint ventures with third countries, and joint ventures have beneficial effects for the Community and for the development of local fishing industries,

| O. | whereas, owing to the characteristics of the Greenland fishing industry and in the light of the experience of recent years, temporary partnerships between firms represent the most suitable instrument for cooperation between the Community and Greenland in the field of fisheries, |
| --- | --- |

O.

whereas, owing to the characteristics of the Greenland fishing industry and in the light of the experience of recent years, temporary partnerships between firms represent the most suitable instrument for cooperation between the Community and Greenland in the field of fisheries,

| P. | whereas the proposals made by the Commission for future cooperation with Greenland after 2006 are not restricted to fisheries aspects, |
| --- | --- |

P.

whereas the proposals made by the Commission for future cooperation with Greenland after 2006 are not restricted to fisheries aspects,

| Q. | whereas Greenland has Overseas Country and Territory status, |
| --- | --- |

Q.

whereas Greenland has Overseas Country and Territory status,

| 1. | Welcomes the presentation of the mid-term review by the Commission and underlines that this is an important step by the Commission to meet the European Parliament's request for the presentation of general assessment reports, including cost benefit analyses, before the start of negotiations on renewals or new protocols or agreements; |
| --- | --- |

1.

Welcomes the presentation of the mid-term review by the Commission and underlines that this is an important step by the Commission to meet the European Parliament's request for the presentation of general assessment reports, including cost benefit analyses, before the start of negotiations on renewals or new protocols or agreements;

| 2. | Recognises the special relationship between the European Union and Greenland, and the specific economic situation of Greenland; |
| --- | --- |

2.

Recognises the special relationship between the European Union and Greenland, and the specific economic situation of Greenland;

| 3. | Shares with the Commission the resolve to reach a general cooperation agreement between the Community and Greenland which will bring about closer relations between both parties and enable Greenland to participate in Community policies; |
| --- | --- |

3.

Shares with the Commission the resolve to reach a general cooperation agreement between the Community and Greenland which will bring about closer relations between both parties and enable Greenland to participate in Community policies;

| 4. | Recognises the need to provide financial assistance to Greenland, but rejects the present approach of including such assistance in the financial compensation linked to the fisheries agreement; |
| --- | --- |

4.

Recognises the need to provide financial assistance to Greenland, but rejects the present approach of including such assistance in the financial compensation linked to the fisheries agreement;

| 5. | Calls on the Council to issue a mandate to the Commission to negotiate a revision of the current protocol in line with the comments made by the Court of Auditors and the European Parliament and, in particular, to separate non-fisheries-related elements from this agreement; |
| --- | --- |

5.

Calls on the Council to issue a mandate to the Commission to negotiate a revision of the current protocol in line with the comments made by the Court of Auditors and the European Parliament and, in particular, to separate non-fisheries-related elements from this agreement;

| 6. | Endorses the proposal made by the Commission in its communication that the protocol be adjusted during the mid-term review so that catch quotas are allocated that are in line with scientific advice and some of the financial compensation is earmarked for supporting a consistent local fisheries policy; |
| --- | --- |

6.

Endorses the proposal made by the Commission in its communication that the protocol be adjusted during the mid-term review so that catch quotas are allocated that are in line with scientific advice and some of the financial compensation is earmarked for supporting a consistent local fisheries policy;

| 7. | Insists that non-fisheries-related aspects of relations between the EU and Greenland should be financed under heading 4 of the financial perspective (external action), or through the European Development Fund; |
| --- | --- |

7.

Insists that non-fisheries-related aspects of relations between the EU and Greenland should be financed under heading 4 of the financial perspective (external action), or through the European Development Fund;

| 8. | Urges the Council and Commission, as part of this mid-term review, to consider the need to share the cost of this agreement equitably between the Community and shipowners, in a similar way to the sharing of costs in the majority of international fisheries agreements; |
| --- | --- |

8.

Urges the Council and Commission, as part of this mid-term review, to consider the need to share the cost of this agreement equitably between the Community and shipowners, in a similar way to the sharing of costs in the majority of international fisheries agreements;

| 9. | Reiterates its request that the Commission draw up a cost-benefit analysis of this agreement; |
| --- | --- |

9.

Reiterates its request that the Commission draw up a cost-benefit analysis of this agreement;

| 10. | Draws attention to the low use of the fishing possibilities laid down in the protocol and the consequent waste of Community financial resources; |
| --- | --- |

10.

Draws attention to the low use of the fishing possibilities laid down in the protocol and the consequent waste of Community financial resources;

| 11. | Calls, therefore, for an improvement in the way in which catch rights on each species are determined, in line with the actual state of each stock, and for it to be possible for quotas which have been allocated and not used by the fleets of the Member States referred to in the protocol to be used by others, as laid down in fisheries agreements with financial compensation; |
| --- | --- |

11.

Calls, therefore, for an improvement in the way in which catch rights on each species are determined, in line with the actual state of each stock, and for it to be possible for quotas which have been allocated and not used by the fleets of the Member States referred to in the protocol to be used by others, as laid down in fisheries agreements with financial compensation;

| 12. | Calls on the Commission to boost the setting-up of joint ventures between the Community and Greenland and, in particular, temporary partnerships between undertakings, which may play an extremely important role in the development of the local economy and in increased utilisation of fishing rights; calls for some of the financial compensation to be earmarked for this purpose; |
| --- | --- |

12.

Calls on the Commission to boost the setting-up of joint ventures between the Community and Greenland and, in particular, temporary partnerships between undertakings, which may play an extremely important role in the development of the local economy and in increased utilisation of fishing rights; calls for some of the financial compensation to be earmarked for this purpose;

| 13. | Demands that the Commission fulfil its obligation duly to report to Parliament on this agreement, at the stages of preparation, implementation, evaluation and mid-term review; |
| --- | --- |

13.

Demands that the Commission fulfil its obligation duly to report to Parliament on this agreement, at the stages of preparation, implementation, evaluation and mid-term review;

| 14. | Asks to be involved in the process of negotiation with Greenland under the mid-term review procedure; |
| --- | --- |

14.

Asks to be involved in the process of negotiation with Greenland under the mid-term review procedure;

| 15. | Underlines that, before the expiration of the current fourth protocol of the fisheries agreement in December 2006, the Commission shall present a proposal for a new protocol where the financial compensation only corresponds to the effective utilisation of fishing possibilities financed under chapter 11 03 (former chapter B7-80), and at the same time, a proposal for an agreement on financial assistance to Greenland in line with the normal budgetary rules on development cooperation; |
| --- | --- |

15.

Underlines that, before the expiration of the current fourth protocol of the fisheries agreement in December 2006, the Commission shall present a proposal for a new protocol where the financial compensation only corresponds to the effective utilisation of fishing possibilities financed under chapter 11 03 (former chapter B7-80), and at the same time, a proposal for an agreement on financial assistance to Greenland in line with the normal budgetary rules on development cooperation;

| 16. | Considers it appropriate that its competent committees draw up an own-initiative report to define the future relationship between the Community and Greenland from 2006 onwards; |
| --- | --- |

16.

Considers it appropriate that its competent committees draw up an own-initiative report to define the future relationship between the Community and Greenland from 2006 onwards;

| 17. | Calls on the Greenland authorities to acknowledge the desirability of incorporating the appropriate amendments to improve this protocol during the mid-term review, without needing to await its expiry; |
| --- | --- |

17.

Calls on the Greenland authorities to acknowledge the desirability of incorporating the appropriate amendments to improve this protocol during the mid-term review, without needing to await its expiry;

| 18. | Instructs its President to forward this resolution to the Council, the Commission, the government of the Kingdom of Denmark and the local government of Greenland. |
| --- | --- |

18.

Instructs its President to forward this resolution to the Council, the Commission, the government of the Kingdom of Denmark and the local government of Greenland.

---

(1)  OJ C 34 E, 7.2.2002, p. 240.

(2)  OJ C 271 E, 7.11.2002, p. 401.

(3)  P5_TA(2002)0555.

(4)  P5_TA(2003)0020.

(5)  OJ C 210, 27.7.2001, p. 1.

(6)  OJ C 295, 28.11.2002, p. 1.

P5_TA(2003)0364

Minimum level of training for seafarers ***I

European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council amending Directive 2001/25/EC on the minimum level of training of seafarers (COM(2003) 1 — C5-0006/2003 — 2003/0001(COD))

(Codecision procedure: first reading)

The European Parliament,

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

—

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

| — | having regard to Article 251(2) and Article 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0006/2003), |
| --- | --- |

—

having regard to Article 251(2) and Article 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0006/2003),

| — | 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 opinion of the Committee on Employment and Social Affairs (A5-0152/2003), |
| --- | --- |

—

having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinion of the Committee on Employment and Social Affairs (A5-0152/2003),

| 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 the OJ.

P5_TC1-COD(2003)0001

Position of the European Parliament adopted at first reading on 3 September 2003 with a view to the adoption of European Parliament and Council Directive 2003/.../EC amending Directive 2001/25/EC on the minimum level of training of seafarers

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 (1),

Having regard to the opinion of the Committee of the Regions (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

| (1) | Directive 2001/25/EC of the European Parliament and of the Council of 4 April 2001 on the minimum level of training of seafarers (3) defines minimum training, certification and watchkeeping standards for seafarers serving on board Community ships. Those standards are based on the standards agreed in the International Maritime Organisation (IMO) Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (‘the STCW Convention’). |
| --- | --- |

(1)

Directive 2001/25/EC of the European Parliament and of the Council of 4 April 2001 on the minimum level of training of seafarers (3) defines minimum training, certification and watchkeeping standards for seafarers serving on board Community ships. Those standards are based on the standards agreed in the International Maritime Organisation (IMO) Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (‘the STCW Convention’).

| (2) | In order to maintain and develop the level of knowledge and skills in the maritime sector in the EU, it is important to pay appropriate attention to maritime training and the status of seafarers in the EU. |
| --- | --- |

(2)

In order to maintain and develop the level of knowledge and skills in the maritime sector in the EU, it is important to pay appropriate attention to maritime training and the status of seafarers in the EU.

| (3) | It is essential to ensure that seafarers holding certificates issued by third countries and serving on board Community ships have a level of competence equivalent to that required by the Convention. Directive 2001/25/EC lays down procedures and common criteria for the recognition by the Member States of certificates issued by third countries. |
| --- | --- |

(3)

It is essential to ensure that seafarers holding certificates issued by third countries and serving on board Community ships have a level of competence equivalent to that required by the Convention. Directive 2001/25/EC lays down procedures and common criteria for the recognition by the Member States of certificates issued by third countries.

| (4) | Directive 2001/25/EC provides for the reassessment of the procedures and criteria for the recognition of certificates issued by third countries and the approval of maritime training institutes and maritime education and training programmes and courses, in the light of the experience gained in applying the Directive. |
| --- | --- |

(4)

Directive 2001/25/EC provides for the reassessment of the procedures and criteria for the recognition of certificates issued by third countries and the approval of maritime training institutes and maritime education and training programmes and courses, in the light of the experience gained in applying the Directive.

| (5) | The practical implementation of Directive 2001/25/EC has shown that some adjustments to those procedures and criteria could contribute greatly towards the reliability of the system of recognition, while simplifying the monitoring and reporting obligations imposed on Member States. |
| --- | --- |

(5)

The practical implementation of Directive 2001/25/EC has shown that some adjustments to those procedures and criteria could contribute greatly towards the reliability of the system of recognition, while simplifying the monitoring and reporting obligations imposed on Member States.

| (6) | Compliance of third countries
  that provide training
  with the requirements of the STCW Convention can be assessed more effectively in a harmonised manner. The Commission should therefore be entrusted with this task on behalf of the whole Community. |
| --- | --- |

(6)

Compliance of third countries
  that provide training
  with the requirements of the STCW Convention can be assessed more effectively in a harmonised manner. The Commission should therefore be entrusted with this task on behalf of the whole Community.

| (7) | In order to ensure that a country which is recognised continues to comply fully with the requirements of the STCW Convention, the recognition should be reviewed regularly and extended if appropriate. The recognition of a third country not complying with the requirements of the STCW Convention should be withdrawn until deficiencies are redressed. |
| --- | --- |

(7)

In order to ensure that a country which is recognised continues to comply fully with the requirements of the STCW Convention, the recognition should be reviewed regularly and extended if appropriate. The recognition of a third country not complying with the requirements of the STCW Convention should be withdrawn until deficiencies are redressed.

| (8) | Decisions to extend or withdraw recognition can be taken more effectively in a harmonised and centralised manner, at Community level. The Commission should therefore be entrusted with these tasks on behalf of the whole Community. |
| --- | --- |

(8)

Decisions to extend or withdraw recognition can be taken more effectively in a harmonised and centralised manner, at Community level. The Commission should therefore be entrusted with these tasks on behalf of the whole Community.

| (9) | The continuous monitoring of the compliance of the recognised third countries can be carried out more effectively in a harmonised and centralised manner. |
| --- | --- |

(9)

The continuous monitoring of the compliance of the recognised third countries can be carried out more effectively in a harmonised and centralised manner.

| (10) | One of the tasks assigned to the European Maritime Safety Agency (the Agency) is to assist the Commission in the performance of any task assigned to it by Community legislation applicable to training, certification and watchkeeping of ships' crews. |
| --- | --- |

(10)

One of the tasks assigned to the European Maritime Safety Agency (the Agency) is to assist the Commission in the performance of any task assigned to it by Community legislation applicable to training, certification and watchkeeping of ships' crews.

| (11) | The Agency should therefore assist the Commission in the performance of its tasks relating to the granting, extension and withdrawal of recognition of third countries. It should also assist the Commission in the monitoring of third countries' compliance with the requirements of the STCW Convention. |
| --- | --- |

(11)

The Agency should therefore assist the Commission in the performance of its tasks relating to the granting, extension and withdrawal of recognition of third countries. It should also assist the Commission in the monitoring of third countries' compliance with the requirements of the STCW Convention.

| (12) | The STCW Convention specifies language requirements for certificates and endorsements attesting the issue of a certificate. The existing provisions of Directive 2001/25/EC should be brought into line with the relevant requirements of the Convention. |
| --- | --- |

(12)

The STCW Convention specifies language requirements for certificates and endorsements attesting the issue of a certificate. The existing provisions of Directive 2001/25/EC should be brought into line with the relevant requirements of the Convention.

| (13) | The International Convention for the safety of life at sea, 1974, as amended (SOLAS Convention) lays down language requirements for bridge-to-shore safety communications. Directive 2001/25/EC should be updated in accordance with the recent recent amendments to that Convention, which entered into force on 1 July 2002. |
| --- | --- |

(13)

The International Convention for the safety of life at sea, 1974, as amended (SOLAS Convention) lays down language requirements for bridge-to-shore safety communications. Directive 2001/25/EC should be updated in accordance with the recent recent amendments to that Convention, which entered into force on 1 July 2002.

| (14) | It is necessary to provide for procedures for adapting this Directive to future changes in Community law. |
| --- | --- |

(14)

It is necessary to provide for procedures for adapting this Directive to future changes in Community law.

| (15) | Directive 2001/25/EC should be amended accordingly, |
| --- | --- |

(15)

Directive 2001/25/EC should be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 2001/25/EC is amended as follows:

| (1) | Article 5 is amended as follows:






  a) | paragraph 3 is replaced by the following:
  ‘3.   Certificates shall be issued in accordance with Regulation I/2, paragraph 1 of the STCW Convention’ |
| --- | --- | --- |

(1)

Article 5 is amended as follows:

a)

paragraph 3 is replaced by the following:

‘3.   Certificates shall be issued in accordance with Regulation I/2, paragraph 1 of the STCW Convention’

| b) | in paragraph 5 the following sentence is added:
  ‘Endorsements shall be issued in accordance with Article VI, paragraph 2 of the STCW Convention.’ |
| --- | --- |

b)

in paragraph 5 the following sentence is added:

‘Endorsements shall be issued in accordance with Article VI, paragraph 2 of the STCW Convention.’

| (2) | In Article 17, point (e) is replaced by the following:






  ‘e) | There are adequate means for communication between the ship and the shore-based authorities. These communications shall be conducted in accordance with Chapter V, Regulation 14, paragraph 4 of the SOLAS Convention.’ |
| --- | --- | --- |

(2)

In Article 17, point (e) is replaced by the following:

‘e)

There are adequate means for communication between the ship and the shore-based authorities. These communications shall be conducted in accordance with Chapter V, Regulation 14, paragraph 4 of the SOLAS Convention.’

| (3) | In Article 18, paragraph 3 is replaced by the following:
  ‘3.   Seafarers who do not possess the certificates referred to in Article 4 may be allowed to serve on ships flying the flag of a Member State, provided a decision on the recognition of their appropriate certificates has been adopted through the procedure set out below:






  (a) | A Member State which intends to recognise, by endorsement, appropriate certificates issued by a third country to a master, officer or radio operator, for service on ships flying its flag, shall submit a request for recognition of that third country to the Commission
  , stating its reasons
  .
  The Commission, assisted by the
  European Maritime Safety
  Agency
  (the Agency), and with the possible involvement of any Member State concerned, shall collect the information referred to in Annex II and
  shall carry out an assessment of the training and certification systems in the third country for which the request for recognition was submitted, in order to verify whether the country concerned meets all the requirements of the STCW Convention
  and whether appropriate measures have been taken to prevent fraud involving certificates of competency
  . |
| --- | --- | --- |

(3)

In Article 18, paragraph 3 is replaced by the following:

‘3.   Seafarers who do not possess the certificates referred to in Article 4 may be allowed to serve on ships flying the flag of a Member State, provided a decision on the recognition of their appropriate certificates has been adopted through the procedure set out below:

(a)

A Member State which intends to recognise, by endorsement, appropriate certificates issued by a third country to a master, officer or radio operator, for service on ships flying its flag, shall submit a request for recognition of that third country to the Commission
  , stating its reasons
  .

The Commission, assisted by the
  European Maritime Safety
  Agency
  (the Agency), and with the possible involvement of any Member State concerned, shall collect the information referred to in Annex II and
  shall carry out an assessment of the training and certification systems in the third country for which the request for recognition was submitted, in order to verify whether the country concerned meets all the requirements of the STCW Convention
  and whether appropriate measures have been taken to prevent fraud involving certificates of competency
  .

| (b) | The decision on the recognition of a third country shall be taken by the Commission in accordance with the procedure referred to in Article 23(2), within three months from the date of the request for recognition. If granted, the recognition shall be valid
  subject to the provisions of Article 18a
  . |
| --- | --- |

(b)

The decision on the recognition of a third country shall be taken by the Commission in accordance with the procedure referred to in Article 23(2), within three months from the date of the request for recognition. If granted, the recognition shall be valid
  subject to the provisions of Article 18a
  .

| (c) | If no decision is taken on recognition of the third country concerned within the period laid down in point (b), the Member State submitting the request may decide to recognise the third country unilaterally until a decision is taken on the basis of Article 23(2). |
| --- | --- |

(c)

If no decision is taken on recognition of the third country concerned within the period laid down in point (b), the Member State submitting the request may decide to recognise the third country unilaterally until a decision is taken on the basis of Article 23(2).

| (d) | A Member State may decide, with respect to ships flying its flag, to endorse certificates issued by the third countries recognised by the Commission
  , taking into account the provisions of Annex II(4) and (5)
  . |
| --- | --- |

(d)

A Member State may decide, with respect to ships flying its flag, to endorse certificates issued by the third countries recognised by the Commission
  , taking into account the provisions of Annex II(4) and (5)
  .

| (e) | Recognitions of certificates of competence issued a recognised third country and published in the Official Journal of the European Union, C series, before ... (4) shall remain valid. These recognitions may be used by all Member States unless the Commission has subsequently withdrawn them pursuant to Article 18a. |
| --- | --- |

(e)

Recognitions of certificates of competence issued a recognised third country and published in the Official Journal of the European Union, C series, before ... (4) shall remain valid. These recognitions may be used by all Member States unless the Commission has subsequently withdrawn them pursuant to Article 18a.

| (f) | The Commission shall draw up and update a list of the third countries that have been recognised. The list shall be published in the Official Journal of the European Union, C Series. |
| --- | --- |

(f)

The Commission shall draw up and update a list of the third countries that have been recognised. The list shall be published in the Official Journal of the European Union, C Series.

(4)  18 months after the entry into force of the Directive.’"

| (4) | The following
  Articles 18a and 18b
  are
  inserted
  :
  ‘
  Article 18a

  1.   Notwithstanding the criteria specified in Annex II, when a Member State
  considers
  that a recognised third country no longer complies with the requirements of the STCW Convention,
  it shall notify the Commission immediately, giving substantiated reasons therefor.
  The Commission shall
  without delay
  refer the matter to the Committee referred to in Article 23.


  2.
     
  Notwithstanding the criteria specified in Annex II, when the Commission considers that a recognised third country no longer complies with the requirements of the STCW Convention, it shall notify the Member States immediately, giving substantiated reasons therefor. The Commission shall without delay refer the matter to the Committee referred to in Article 23.


  3.   When a Member State
  intends to withdraw
  the endorsements of
  all
  certificates issued by a third country it shall without delay inform the Commission and the other Member States of its
  intention
  , giving substantiated reasons therefor.
  4.   The Commission, assisted by the Agency, shall reassess the recognition of the third country concerned in order to verify whether that country failed to comply with the requirements of the STCW Convention.
  5.   
  Where there are indications that a particular maritime training institute no longer complies with the requirements of the STCW Convention, the Commission shall notify the country concerned that recognition of that country's certificates will be withdrawn within two months unless measures are taken to ensure compliance with all the requirements of the STCW Convention.


  6.   The decision on the withdrawal of the recognition shall be taken in accordance with the procedure referred to in Article 23(2), within two months from the date of the communication made by the Member State. The Member States concerned shall take appropriate measures to implement the decision.
  7.   
  Endorsements attesting recognition of certificates, issued in accordance with Article 5(6) before the date on which the decision to withdraw recognition of the third country is taken, shall remain valid. However, seafarers holding such endorsements may not claim an endorsement recognising a higher qualification, unless that upgrading is based solely on additional seagoing service.



  Article 18b

  1.   The third countries that have been recognised under the procedure referred to in Article 18(3)(b)
  , including those referred to in Article 18(3)(f),
  shall be
  reassessed
  by the Commission, with the assistance of the Agency, on a regular basis and at least every five years to verify whether they fulfil the relevant criteria set out in Annex II
  and whether appropriate measures have been taken to prevent fraud involving certificates of competence
  .
  2.   
  The
  Commission shall
  define the priority criteria for assessment of third countries on the basis of
  performance data provided by the Port State control pursuant to Article 20, as well as the
  information relating to the
  reports
  of the independent assessments
  carried out
  by third countries
  pursuant to section A-I/7 of the STCW Code.
  3.   The Commission shall provide the Member States with a report on the results of the assessment.'’ |
| --- | --- |

(4)

The following
  Articles 18a and 18b
  are
  inserted
  :

‘
  Article 18a

1.   Notwithstanding the criteria specified in Annex II, when a Member State
  considers
  that a recognised third country no longer complies with the requirements of the STCW Convention,
  it shall notify the Commission immediately, giving substantiated reasons therefor.
  The Commission shall
  without delay
  refer the matter to the Committee referred to in Article 23.

2.
     
  Notwithstanding the criteria specified in Annex II, when the Commission considers that a recognised third country no longer complies with the requirements of the STCW Convention, it shall notify the Member States immediately, giving substantiated reasons therefor. The Commission shall without delay refer the matter to the Committee referred to in Article 23.

3.   When a Member State
  intends to withdraw
  the endorsements of
  all
  certificates issued by a third country it shall without delay inform the Commission and the other Member States of its
  intention
  , giving substantiated reasons therefor.

4.   The Commission, assisted by the Agency, shall reassess the recognition of the third country concerned in order to verify whether that country failed to comply with the requirements of the STCW Convention.

5.   
  Where there are indications that a particular maritime training institute no longer complies with the requirements of the STCW Convention, the Commission shall notify the country concerned that recognition of that country's certificates will be withdrawn within two months unless measures are taken to ensure compliance with all the requirements of the STCW Convention.

6.   The decision on the withdrawal of the recognition shall be taken in accordance with the procedure referred to in Article 23(2), within two months from the date of the communication made by the Member State. The Member States concerned shall take appropriate measures to implement the decision.

7.   
  Endorsements attesting recognition of certificates, issued in accordance with Article 5(6) before the date on which the decision to withdraw recognition of the third country is taken, shall remain valid. However, seafarers holding such endorsements may not claim an endorsement recognising a higher qualification, unless that upgrading is based solely on additional seagoing service.

Article 18b

1.   The third countries that have been recognised under the procedure referred to in Article 18(3)(b)
  , including those referred to in Article 18(3)(f),
  shall be
  reassessed
  by the Commission, with the assistance of the Agency, on a regular basis and at least every five years to verify whether they fulfil the relevant criteria set out in Annex II
  and whether appropriate measures have been taken to prevent fraud involving certificates of competence
  .

2.   
  The
  Commission shall
  define the priority criteria for assessment of third countries on the basis of
  performance data provided by the Port State control pursuant to Article 20, as well as the
  information relating to the
  reports
  of the independent assessments
  carried out
  by third countries
  pursuant to section A-I/7 of the STCW Code.

3.   The Commission shall provide the Member States with a report on the results of the assessment.'’

| (5) | In Article 22, paragraph 1, the following sentence is added:
  ‘This Directive may also be amended in accordance with the same procedure in order to apply, for the purposes of this Directive, any relevant amendments to Community legislation.’ |
| --- | --- |

(5)

In Article 22, paragraph 1, the following sentence is added:

‘This Directive may also be amended in accordance with the same procedure in order to apply, for the purposes of this Directive, any relevant amendments to Community legislation.’

| (6) | Annex II is amended in accordance with the Annex to this Directive. |
| --- | --- |

(6)

Annex II is amended in accordance with the Annex to this Directive.

Article 2

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ... (5) at the latest. They shall forthwith inform the Commission thereof.

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

Not later than ... (6), the Commission shall submit an evaluation report to the European Parliament and the Council, based on a detailed analysis and evaluation of the provisions of the IMO Convention, the implementation thereof and new insights gained with regard to the correlation between safety and the level of training of ships' crews.

Article 3

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

Article 4

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)  Position of the European Parliament of 3 September 2003.

2

Position of the European Parliament of 3 September 2003.

(3)  OJ L 136, 18.5.2001, p. 17
  . Directive as amended by Directive 2002/84/EC (OJ L 324, 29.11.2002, p. 53).

3

17

Directive as amended by Directive 2002/84/EC (OJ L 324, 29.11.2002, p. 53).

(5)  
  18 months after the entry into force of this Directive.

5

18 months after the entry into force of this Directive.

(6)  Five years after the date of entry into force of the Directive.

6

ANNEX

Annex II to Directive 2001/25/EC is replaced by the following:

‘ANNEX II

CRITERIA FOR THE RECOGNITION OF THIRD COUNTRIES THAT HAVE ISSUED A CERTIFICATE OR UNDER THE AUTHORITY OF WHICH WAS ISSUED A CERTIFICATE, REFERRED TO IN ARTICLE
  18(3)(a)

| 1. | The
  third country must be a Party to the STCW Convention. |
| --- | --- |

1.

The
  third country must be a Party to the STCW Convention.

| 2. | The third country must have been identified by the Maritime Safety Committee as having demonstrated that full and complete effect is given to the requirements of the STCW Convention. |
| --- | --- |

2.

The third country must have been identified by the Maritime Safety Committee as having demonstrated that full and complete effect is given to the requirements of the STCW Convention.

| 3. | The
  Commission, assisted by the Agency and with the possible involvement of any
  Member State
  concerned,
  must have confirmed, through all necessary measures, which may include the inspection of facilities and procedures, that the requirements concerning the standard of competence, the issue and endorsement of certificates and record keeping are fully complied with, and that a quality standards system has been established pursuant to Regulation I/8 of the STCW Convention. |
| --- | --- |

3.

The
  Commission, assisted by the Agency and with the possible involvement of any
  Member State
  concerned,
  must have confirmed, through all necessary measures, which may include the inspection of facilities and procedures, that the requirements concerning the standard of competence, the issue and endorsement of certificates and record keeping are fully complied with, and that a quality standards system has been established pursuant to Regulation I/8 of the STCW Convention.

| 4. | The Member State is in the process of agreeing an undertaking with the third country concerned that prompt notification will be given of any significant change in the arrangements for training and certification provided in accordance with the STCW Convention. |
| --- | --- |

4.

The Member State is in the process of agreeing an undertaking with the third country concerned that prompt notification will be given of any significant change in the arrangements for training and certification provided in accordance with the STCW Convention.

| 5. | The Member State has introduced measures to ensure that seafarers who present for recognition certificates for functions at management level have an appropriate knowledge of the maritime legislation of the Member State relevant to the functions they are permitted to perform. |
| --- | --- |

5.

The Member State has introduced measures to ensure that seafarers who present for recognition certificates for functions at management level have an appropriate knowledge of the maritime legislation of the Member State relevant to the functions they are permitted to perform.

| 6. | If a Member State wishes to supplement assessment of compliance of a third country by evaluating certain maritime training institutes, it shall proceed according to the provisions of section A-I/6 of the STCW
  Code.
  ’ |
| --- | --- |

6.

If a Member State wishes to supplement assessment of compliance of a third country by evaluating certain maritime training institutes, it shall proceed according to the provisions of section A-I/6 of the STCW
  Code.
  ’

P5_TA(2003)0365

Coordination of social security systems ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council regulation on coordination of social security systems (COM(1998) 779 — C4-0137/1999 — 1998/0360(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(1998) 779) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(1998) 779) (1),

| — | having regard to Article 251(2) of the EC Treaty and Articles 18, 42 and 308 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C4-0137/1999), |
| --- | --- |

—

having regard to Article 251(2) of the EC Treaty and Articles 18, 42 and 308 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C4-0137/1999),

| — | 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 Employment and Social Affairs (A5-0226/2003), |
| --- | --- |

—

having regard to the report of the Committee on Employment and Social Affairs (A5-0226/2003),

| 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)  OJ C 38, 12.2.1999, p. 10.

P5_TC1-COD(1998)0360

Position of the European Parliament adopted at first reading on 3 September 2003 with a view to the adoption of European Parliament and Council Regulation (EC) No .../2003 on coordination of social security systems

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 18, 42 and 308 thereof,

Having regard to the Commission proposal (1) presented after consultation with the social partners and the Administrative Commission on Social Security for Migrant Workers,

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

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

Whereas:

| (1) | Whereas the rules for coordination of national social security legislations fall within the framework of free movement for persons and should contribute towards improving their standard of living and conditions of employment; |
| --- | --- |

(1)

Whereas the rules for coordination of national social security legislations fall within the framework of free movement for persons and should contribute towards improving their standard of living and conditions of employment;

| (2) | Whereas the close link between social security legislation and those contractual provisions which complement or replace such legislation and which have been the subject of a decision of the public authorities rendering them compulsory or extending their scope calls for a similar protection with regard to the application of those provisions as that afforded by this Regulation, in particular as far as aggregation of periods of insurance and the waiving of residence clauses for entitlement to benefits is concerned; |
| --- | --- |

(2)

Whereas the close link between social security legislation and those contractual provisions which complement or replace such legislation and which have been the subject of a decision of the public authorities rendering them compulsory or extending their scope calls for a similar protection with regard to the application of those provisions as that afforded by this Regulation, in particular as far as aggregation of periods of insurance and the waiving of residence clauses for entitlement to benefits is concerned;

| (3) | Whereas, due to the large differences existing between national legislations in terms of the persons convered, it is preferable to lay down the principle that the Regulation applies to all persons who are or have been subject to the social security legislation of a Member State; |
| --- | --- |

(3)

Whereas, due to the large differences existing between national legislations in terms of the persons convered, it is preferable to lay down the principle that the Regulation applies to all persons who are or have been subject to the social security legislation of a Member State;

| (4) | Whereas the principle of equal treatment is of particular importance for frontier workers, who face particular problems because they do not reside in the State of employment; |
| --- | --- |

(4)

Whereas the principle of equal treatment is of particular importance for frontier workers, who face particular problems because they do not reside in the State of employment;

| (5) | Whereas it is necessary to respect the special characteristics of national social security legislations and to draw up only a system of coordination; |
| --- | --- |

(5)

Whereas it is necessary to respect the special characteristics of national social security legislations and to draw up only a system of coordination;

| (6) | Whereas it is necessary, within the framework of such coordination, to guarantee within the Community equality of treatment under the various national legislations to the persons involved; |
| --- | --- |

(6)

Whereas it is necessary, within the framework of such coordination, to guarantee within the Community equality of treatment under the various national legislations to the persons involved;

| (7) | Whereas there is a need for greater convergence between rules, such as those determining residence in the agreements on double taxation and Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (4); |
| --- | --- |

(7)

Whereas there is a need for greater convergence between rules, such as those determining residence in the agreements on double taxation and Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (4);

| (8) | Whereas the coordination rules must guarantee that persons moving within the Community and their dependants and their survivors retain the rights and the advantages acquired and in the course of being acquired; |
| --- | --- |

(8)

Whereas the coordination rules must guarantee that persons moving within the Community and their dependants and their survivors retain the rights and the advantages acquired and in the course of being acquired;

| (9) | Whereas these objectives must be attained in particular by aggregation of all the periods taken into account under the various national legislations for the purpose of acquiring and retaining the right to benefits and of calculating the amount of benefits, and by the provision of benefits for the various categories of persons covered by the Regulation; |
| --- | --- |

(9)

Whereas these objectives must be attained in particular by aggregation of all the periods taken into account under the various national legislations for the purpose of acquiring and retaining the right to benefits and of calculating the amount of benefits, and by the provision of benefits for the various categories of persons covered by the Regulation;

| (10) | Whereas, within the Community, it is not in principle justified to make social security rights dependent on the place of residence of the person involved; nevertheless, in specific cases, in particular as regards special benefits linked to the economic and social context of the person involved, the place of residence could be taken into account; |
| --- | --- |

(10)

Whereas, within the Community, it is not in principle justified to make social security rights dependent on the place of residence of the person involved; nevertheless, in specific cases, in particular as regards special benefits linked to the economic and social context of the person involved, the place of residence could be taken into account;

| (11) | Whereas it is necessary to subject persons moving within the Community to the social security scheme of only one single Member State in order to avoid overlapping of national legislations applicable and the complications which could result therefrom; |
| --- | --- |

(11)

Whereas it is necessary to subject persons moving within the Community to the social security scheme of only one single Member State in order to avoid overlapping of national legislations applicable and the complications which could result therefrom;

| (12) | Whereas, with a view to guaranteeing the equality of treatment of all persons occupied in the territory of a Member State as effectively as possible, it is appropriate to determine as the legislation applicable, as a general rule, that of the Member State in which the person involved pursues his activity as an employed or self-employed person,
  in full respect and mutual recognition of relevant regulation in the Member State of origin; |
| --- | --- |

(12)

Whereas, with a view to guaranteeing the equality of treatment of all persons occupied in the territory of a Member State as effectively as possible, it is appropriate to determine as the legislation applicable, as a general rule, that of the Member State in which the person involved pursues his activity as an employed or self-employed person,
  in full respect and mutual recognition of relevant regulation in the Member State of origin;

| (13) | Whereas, in specific situations which justify other criteria of applicability, it is necessary to derogate from this general rule; |
| --- | --- |

(13)

Whereas, in specific situations which justify other criteria of applicability, it is necessary to derogate from this general rule;

| (14) | Whereas, in the field of sickness and maternity benefits, persons living or staying in a Member State other than the competent Member State should be afforded protection; |
| --- | --- |

(14)

Whereas, in the field of sickness and maternity benefits, persons living or staying in a Member State other than the competent Member State should be afforded protection;

| (15) | Whereas the specific position of pension claimants and pensioners and the members of their families makes it necessary to have provisions governing sickness insurance adapted to this situation; |
| --- | --- |

(15)

Whereas the specific position of pension claimants and pensioners and the members of their families makes it necessary to have provisions governing sickness insurance adapted to this situation;

| (16) | Whereas for invalidity benefits a system of coordination should be drawn up which respects the specific characteristics of national legislations, in particular as regards recognition of invalidity and aggravation thereof; |
| --- | --- |

(16)

Whereas for invalidity benefits a system of coordination should be drawn up which respects the specific characteristics of national legislations, in particular as regards recognition of invalidity and aggravation thereof;

| (17) | Whereas it is necessary to devise a system for the award of old-age benefits and survivors' benefits where the person involved has been subject to the legislation of one or more Member States; |
| --- | --- |

(17)

Whereas it is necessary to devise a system for the award of old-age benefits and survivors' benefits where the person involved has been subject to the legislation of one or more Member States;

| (18) | Whereas there is a need to determine the amount of a pension calculated in accordance with the method used for aggregation and pro rata calculation and guaranteed by Community law where the application of national legislation, including rules concerning reduction, suspension or withdrawal, is less favourable than the aforementioned method; |
| --- | --- |

(18)

Whereas there is a need to determine the amount of a pension calculated in accordance with the method used for aggregation and pro rata calculation and guaranteed by Community law where the application of national legislation, including rules concerning reduction, suspension or withdrawal, is less favourable than the aforementioned method;

| (19) | Whereas, to protect migrant workers and their survivors against excessively stringent application of the national rules concerning reduction, suspension or withdrawal, it is necessary to include provisions strictly governing the application of such rules; |
| --- | --- |

(19)

Whereas, to protect migrant workers and their survivors against excessively stringent application of the national rules concerning reduction, suspension or withdrawal, it is necessary to include provisions strictly governing the application of such rules;

| (20) | Whereas, in respect of benefits for accidents at work and occupational diseases, rules should be laid down, for the purpose of affording protection, covering the situation of persons residing or staying in a Member State other than the competent Member State; |
| --- | --- |

(20)

Whereas, in respect of benefits for accidents at work and occupational diseases, rules should be laid down, for the purpose of affording protection, covering the situation of persons residing or staying in a Member State other than the competent Member State;

| (21) | Whereas it is necessary to include death grants in sickness benefits in kind; |
| --- | --- |

(21)

Whereas it is necessary to include death grants in sickness benefits in kind;

| (22) | Whereas, in order to permit mobility of persons under improved conditions, it is necessary to ensure closer coordination between the unemployment insurance schemes and the unemployment assistance schemes of all the Member States; |
| --- | --- |

(22)

Whereas, in order to permit mobility of persons under improved conditions, it is necessary to ensure closer coordination between the unemployment insurance schemes and the unemployment assistance schemes of all the Member States;

| (23) | Whereas it is therefore particularly appropriate, in order to facilitate the search for employment in the various Member States, to grant to an unemployed worker, within precise limits, the unemployment benefits provided for by the legislation of the Member State to which he was last subject; |
| --- | --- |

(23)

Whereas it is therefore particularly appropriate, in order to facilitate the search for employment in the various Member States, to grant to an unemployed worker, within precise limits, the unemployment benefits provided for by the legislation of the Member State to which he was last subject;

| (24) | Whereas, in order to avoid unwanted loss of benefits, there is a need to lay down specific coordination rules for pre-retirement benefits; |
| --- | --- |

(24)

Whereas, in order to avoid unwanted loss of benefits, there is a need to lay down specific coordination rules for pre-retirement benefits;

| (25) | Whereas, in order to avoid unwarranted overlapping of benefits, there is a need to lay down rules of priority in the case of overlapping of rights to family benefits pursuant to the legislation of the competent State and pursuant to the legislation of the country of residence of the members of the family; |
| --- | --- |

(25)

Whereas, in order to avoid unwarranted overlapping of benefits, there is a need to lay down rules of priority in the case of overlapping of rights to family benefits pursuant to the legislation of the competent State and pursuant to the legislation of the country of residence of the members of the family;

| (26) | Whereas it is necessary to establish an Administrative Commission consisting of a government representative from each of the Member States, charged in particular with dealing with all administrative questions or questions of interpretation arising from the provisions of this Regulation, and with promoting further cooperation between the Member States; |
| --- | --- |

(26)

Whereas it is necessary to establish an Administrative Commission consisting of a government representative from each of the Member States, charged in particular with dealing with all administrative questions or questions of interpretation arising from the provisions of this Regulation, and with promoting further cooperation between the Member States;

| (27) | Whereas the development and use of telematic services for the exchange of information has been found to require the creation of a Technical Commission, under the aegis of the Administrative Commission on Social Security for Migrant Workers, with specific responsibilities in the field of data-processing; |
| --- | --- |

(27)

Whereas the development and use of telematic services for the exchange of information has been found to require the creation of a Technical Commission, under the aegis of the Administrative Commission on Social Security for Migrant Workers, with specific responsibilities in the field of data-processing;

| (28) | Whereas the use of telematic services for exchanging data between institutions requires provisions guaranteeing that the documents exchanged by electronic means are accepted as equivalent to paper documents; |
| --- | --- |

(28)

Whereas the use of telematic services for exchanging data between institutions requires provisions guaranteeing that the documents exchanged by electronic means are accepted as equivalent to paper documents;

| (29) | Whereas such exchanges are to be carried out in accordance with the Community provisions on the protection of natural persons with regard to the processing of personal data; |
| --- | --- |

(29)

Whereas such exchanges are to be carried out in accordance with the Community provisions on the protection of natural persons with regard to the processing of personal data;

| (30) | Whereas it is necessary to lay down special provisions which correspond to the special characteristics of the national legislations in order to facilitate the application of the rules of coordination; |
| --- | --- |

(30)

Whereas it is necessary to lay down special provisions which correspond to the special characteristics of the national legislations in order to facilitate the application of the rules of coordination;

| (31) | Whereas, in accordance with the call for simplification made at the Edinburgh Council of December 1992 and in the interests of transparency and readability, it is appropriate to simplify the coordination rules; |
| --- | --- |

(31)

Whereas, in accordance with the call for simplification made at the Edinburgh Council of December 1992 and in the interests of transparency and readability, it is appropriate to simplify the coordination rules;

| (32) | Whereas it is necessary to repeal Regulation (EEC) No 1408/71, by introducing a new Regulation; |
| --- | --- |

(32)

Whereas it is necessary to repeal Regulation (EEC) No 1408/71, by introducing a new Regulation;

| (33) | Whereas this is in accordance with the provisions of the third paragraph of Article 5 of the Treaty, |
| --- | --- |

(33)

Whereas this is in accordance with the provisions of the third paragraph of Article 5 of the Treaty,

HAVE ADOPTED THIS REGULATION:

TITLE I

GENERAL PROVISIONS

Article 1

Persons covered

1.
     

  This Regulation shall apply to
  nationals of a Member State or stateless persons or refugees resident in the territory of a Member State
  who are or have been subject to the social security legislation of one or more Member States, as well as to the members of their
  families
  and to their survivors.

2.
     
  It shall also apply to the survivors of persons who have been subject to the legislation of one or more Member States, irrespective of the nationality of such persons, where their survivors are nationals of a Member State or stateless persons or refugees residing within the territory of one of the Member States.

Article 2

Matters covered

1.   This Regulation shall apply to all social security legislations concerning the following in particular:

| a) | sickness; |
| --- | --- |

a)

sickness;

| b) | maternity
  and equivalent paternity
  ; |
| --- | --- |

b)

maternity
  and equivalent paternity
  ;

| c) | invalidity; |
| --- | --- |

c)

invalidity;

| d) | old age; |
| --- | --- |

d)

old age;

| e) | accidents at work and occupational diseases; |
| --- | --- |

e)

accidents at work and occupational diseases;

| f) | survival; |
| --- | --- |

f)

survival;

| g) | death; |
| --- | --- |

g)

death;

| h) | unemployment; |
| --- | --- |

h)

unemployment;

| i) | pre-retirement; |
| --- | --- |

i)

pre-retirement;

| j) | the family. |
| --- | --- |

j)

the family.

2.   This Regulation shall apply to general and special social security schemes, whether contributory or non-contributory, and to schemes relating to the obligations of an employer or shipowner.

3.   The provisions of Title III of this Regulation shall not, however, affect the legislative provisions of any Member State concerning a shipowner's obligations.

4.   This Regulation shall not apply to social assistance.

Article 3

Equality of treatment

1.   Subject to the special provisions
  of
  this Regulation,
  persons to
  whom this Regulation applies s
  hall enjoy
  the same benefits
  and be subject to the same obligations
  under the legislation of any Member State as the nationals thereof.

2.   Any Member State whose laws, regulations or administrative provisions attribute legal effects to the occurrence of certain facts or events shall, to the extent necessary, take account of the same facts or events occurring in any other Member State as though they had taken place in national territory.

3.   A benefit accorded under the legislation of a Member State shall, for application of the legislation of another Member State, be considered to be a benefit accorded under the legislation of that latter Member State.

4.
     
  Subject to the derogations and in the light of the special implementing provisions laid down by this Regulation:

| a) | where, under the legislation of the competent State, the receipt of social security benefits and other income has certain legal effects, the relevant provisions of that legislation shall also apply to the receipt of equivalent benefits acquired under the legislation of another Member State or to income acquired in another Member State; |
| --- | --- |

a)

where, under the legislation of the competent State, the receipt of social security benefits and other income has certain legal effects, the relevant provisions of that legislation shall also apply to the receipt of equivalent benefits acquired under the legislation of another Member State or to income acquired in another Member State;

| b) | where, under the legislation of the competent Member State, legal effects are attributed to the occurrence of certain facts or events, that Member State shall take account of like facts or events occurring in any Member State as though they had taken place in its own territory. |
| --- | --- |

b)

where, under the legislation of the competent Member State, legal effects are attributed to the occurrence of certain facts or events, that Member State shall take account of like facts or events occurring in any Member State as though they had taken place in its own territory.

Article 4

Aggregation of periods

Subject to the special provisions of this Regulation,
  the competent institution of a Member State whose legislation makes the acquisition, retention
  , duration
  or recovery of the right to benefits
  , coverage by legislation or optional or continued voluntary insurance
  conditional upon the completion of periods of insurance, employment
  , self-employment
  or residence shall, to the extent necessary, take account of periods of insurance, employment
  , self-employment
  or residence completed under the legislation of any other Member State as though they were periods completed under the legislation which it administers.

Article 5

Waiving of residence rules

Save as otherwise provided in this Regulation, cash benefits payable
  under the legislation of one or more Member States or under this Regulation may not be refused or subjected to any reduction, amendment, suspension, withdrawal or confiscation on account of the fact that the beneficiary
  or the members of his family reside
  in the territory of a Member State other than that in which the institution responsible for providing benefits is located.

Article 6

Relations between this Regulation and other coordination instruments

1.
     This Regulation shall replace any social security convention
  applicable between Member States
  falling under its scope.
  Certain provisions of social security conventions entered into by the Member States prior to the entry into force of the Regulation shall, however, continue to apply provided that they are more favourable to the beneficiaries or if they arise from specific historical circumstances and their effect is limited in time. For these provisions to remain applicable, they shall be included in Annex ..., also specifying if, on objective grounds, it is not possible to extend some of these provisions to all persons to whom the Regulation applies.

2.
     
  Two or more Member States may, as the need arises, conclude conventions with each other based on the principles and in the spirit of this Regulation.

Article 7

Declarations by the Member States on the scope of this Regulation

1.
     
  The Member States shall submit notifications of the legislation and schemes referred to in Article 2, the conventions entered into as referred to in Article 6(2), the declarations referred to in Article ... and the minimum benefits referred to in Article ..., as well as substantive amendments made subsequently. Such notifications shall indicate the date of entry into force of the laws and schemes in question or, in the case of the declarations provided for in Article ..., the date from which this Regulation will apply to the schemes specified in the declarations by the Member States.

2.
     
  These notifications shall be forwarded to the Commission in the last month of every calendar year, also setting out where appropriate what laws, amendments etc. will be in force during the next calendar year, and their contents shall be published in the Official Journal of the European Union.

Article 8

Prevention of overlapping of benefits

Unless otherwise specified, this Regulation can neither confer nor maintain the right to several benefits of the same kind for one and the same period of compulsory insurance.

Article 9

Definitions

For the purposes of applying of this Regulation:

| (a) | activity as an employed person' means any activity
  or equivalent situation treated as such for the purposes
  of the social security legislation of the Member State in whose territory such activity
  or equivalent situation obtains; |
| --- | --- |

(a)

activity as an employed person' means any activity
  or equivalent situation treated as such for the purposes
  of the social security legislation of the Member State in whose territory such activity
  or equivalent situation obtains;

| (b) | activity as a self-employed person' means any activity
  or equivalent situation treated as such for the purposes
  of the social security legislation of the Member State in whose territory such activity
  or equivalent situation obtains
  ; |
| --- | --- |

(b)

activity as a self-employed person' means any activity
  or equivalent situation treated as such for the purposes
  of the social security legislation of the Member State in whose territory such activity
  or equivalent situation obtains
  ;

| (c) | frontier worker' means any person pursuing an activity as an employed or self-employed person in the territory of a Member State and who resides in the territory of another Member State to which he returns as a rule daily or at least once a week; |
| --- | --- |

(c)

frontier worker' means any person pursuing an activity as an employed or self-employed person in the territory of a Member State and who resides in the territory of another Member State to which he returns as a rule daily or at least once a week;

| (d) | refugee' shall have the meaning assigned to it in Article 1 of the Convention relating to the Status of Refugees, signed in Geneva on 28 July 1951; |
| --- | --- |

(d)

refugee' shall have the meaning assigned to it in Article 1 of the Convention relating to the Status of Refugees, signed in Geneva on 28 July 1951;

| (e) | stateless person' shall have the meaning assigned to it in Article 1 of the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954; |
| --- | --- |

(e)

stateless person' shall have the meaning assigned to it in Article 1 of the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954;

| (f) | civil servant' means a person considered to be such or treated as such by the Member State to which the administration employing him is subject; |
| --- | --- |

(f)

civil servant' means a person considered to be such or treated as such by the Member State to which the administration employing him is subject;

| (g) | insured person' means any person satisfying the conditions required under the legislation of the competent State to have the right to benefits, taking account of the provisions of this Regulation; |
| --- | --- |

(g)

insured person' means any person satisfying the conditions required under the legislation of the competent State to have the right to benefits, taking account of the provisions of this Regulation;

| (h) | member of the family' means:






  i) | for application of this Regulation, except Chapter 1 of Title III on sickness, maternity
  and paternity
  :
  any person with derived rights and defined or recognised as a member of the family or designated as a member of the household by the legislation under which the benefits are provided; |
| --- | --- | --- |

(h)

member of the family' means:

i)

for application of this Regulation, except Chapter 1 of Title III on sickness, maternity
  and paternity
  :

any person with derived rights and defined or recognised as a member of the family or designated as a member of the household by the legislation under which the benefits are provided;

| ii) | with regard to benefits in kind pursuant to Title III, Chapter 1:



  any person defined or recognised as a member of the family or designated as a member of the household by the legislation of the Member State within whose territory he resides. |
| --- | --- |

ii)

with regard to benefits in kind pursuant to Title III, Chapter 1:

If, under the legislation which is applicable pursuant to the first and second subparagraphs, a person is only considered a member of the family or member of the household if he lives
  under the same roof as the insured person
  or pensioner
  , this condition shall be considered satisfied if the person in question is mainly dependent on
  the insured person or pensioner
  .

| (i) | residence' means the place where a person habitually resides and where the habitual centre of his interests is also located; |
| --- | --- |

(i)

residence' means the place where a person habitually resides and where the habitual centre of his interests is also located;

| (j) | stay' means temporary residence; |
| --- | --- |

(j)

stay' means temporary residence;

| (k) | legislation' means, in respect of each Member State, laws, regulations and other statutory provisions and all other implementing measures relating to the social security branches covered by Article 2(1).
  This term includes contractual provisions which have been the subject of a decision by the public authorities rendering them compulsory or extending their scope.
  This term also includes the social security conventions concluded between two or more Member States or between one or more Member States and one or more States not belonging to the European Union.

  This term excludes contractual provisions. However, it includes those contractual provisions which serve to implement an insurance obligation arising from the laws and regulations referred to in the first subparagraph or which have been the subject of a decision by the public authorities which makes them obligatory or extends their scope, provided that the Member State concerned makes a declaration to that effect, notified to the President of the European Parliament and the President of the Council of the European Union. Such declaration shall be published in the Official Journal of the European Union. |
| --- | --- |

(k)

legislation' means, in respect of each Member State, laws, regulations and other statutory provisions and all other implementing measures relating to the social security branches covered by Article 2(1).

This term includes contractual provisions which have been the subject of a decision by the public authorities rendering them compulsory or extending their scope.

This term also includes the social security conventions concluded between two or more Member States or between one or more Member States and one or more States not belonging to the European Union.

| (l) | competent authority' means, in respect of each Member State, the Minister, Ministers or other equivalent authority responsible for social security schemes throughout or in any part of the territory of the State in question; |
| --- | --- |

(l)

competent authority' means, in respect of each Member State, the Minister, Ministers or other equivalent authority responsible for social security schemes throughout or in any part of the territory of the State in question;

| (m) | Administrative Commission' means the commission referred to in Article 57; |
| --- | --- |

(m)

Administrative Commission' means the commission referred to in Article 57;

| (n) | institution' means, in respect of each Member State, the body or authority responsible for administering all or part of the legislation; |
| --- | --- |

(n)

institution' means, in respect of each Member State, the body or authority responsible for administering all or part of the legislation;

| (o) | competent institution' means:






  i) | the institution with which the person involved is insured at the time of the application for benefit;
  or |
| --- | --- | --- |

(o)

competent institution' means:

i)

the institution with which the person involved is insured at the time of the application for benefit;

or

| ii) | the institution from which the person involved is entitled or would be entitled to benefits if he or a member or members of his family resided in the territory of the Member State in which the institution is situated;
  or |
| --- | --- |

ii)

the institution from which the person involved is entitled or would be entitled to benefits if he or a member or members of his family resided in the territory of the Member State in which the institution is situated;

or

| iii) | the institution designated by the competent authority of the Member State concerned;
  or |
| --- | --- |

iii)

the institution designated by the competent authority of the Member State concerned;

or

| iv) | in the case of a scheme relating to an employer's obligations in respect of the benefits set out in Article 2(1), either the employer or the insurer involved or, in default thereof, the body or authority designated by the competent authority of the Member State concerned; |
| --- | --- |

iv)

in the case of a scheme relating to an employer's obligations in respect of the benefits set out in Article 2(1), either the employer or the insurer involved or, in default thereof, the body or authority designated by the competent authority of the Member State concerned;

| (p) | institutions of the place of residence' and ‘institutions of the place of stay’ mean respectively the institution which is competent to provide benefits in the place where the person involved resides and the institution which is competent to provide benefits in the place where the person involved is staying, in accordance with the legislation administered by that institution or, where no such institution exists, the institution designated by the competent authority of the Member State concerned; |
| --- | --- |

(p)

institutions of the place of residence' and ‘institutions of the place of stay’ mean respectively the institution which is competent to provide benefits in the place where the person involved resides and the institution which is competent to provide benefits in the place where the person involved is staying, in accordance with the legislation administered by that institution or, where no such institution exists, the institution designated by the competent authority of the Member State concerned;

| (q) | competent State' means the Member State in whose territory the competent institution is situated; |
| --- | --- |

(q)

competent State' means the Member State in whose territory the competent institution is situated;

| (r) | period of insurance' means periods of contribution, employment or activity as a self-employed person as defined or recognised as periods of insurance by the legislation under which they were completed or considered as completed, and all periods treated as such, where they are regarded by the said legislation as equivalent to periods of insurance; |
| --- | --- |

(r)

period of insurance' means periods of contribution, employment or activity as a self-employed person as defined or recognised as periods of insurance by the legislation under which they were completed or considered as completed, and all periods treated as such, where they are regarded by the said legislation as equivalent to periods of insurance;

| (s) | period of employment' or ‘period of activity as a self-employed person’means periods so defined or recognised by the legislation under which they were completed, and all periods treated as such, where they are regarded by the said legislation as equivalent to periods of employment or to periods of activity as a self-employed person; |
| --- | --- |

(s)

period of employment' or ‘period of activity as a self-employed person’means periods so defined or recognised by the legislation under which they were completed, and all periods treated as such, where they are regarded by the said legislation as equivalent to periods of employment or to periods of activity as a self-employed person;

| (t) | periods of residence' means periods so defined or recognised by the legislation under which they were completed or considered as completed; |
| --- | --- |

(t)

periods of residence' means periods so defined or recognised by the legislation under which they were completed or considered as completed;

| (u) | pension' covers not only pensions but also lump-sum benefits which can be substituted for them and payments in the form of reimbursement of contributions and, subject to the provisions of Title III, revaluation increases or supplementary allowances; |
| --- | --- |

(u)

pension' covers not only pensions but also lump-sum benefits which can be substituted for them and payments in the form of reimbursement of contributions and, subject to the provisions of Title III, revaluation increases or supplementary allowances;

| (v) | pre-retirement benefits' means all cash benefits,
  other than
  an unemployment benefit or
  an early old-age benefit, provided
  from a specified age to workers who have reduced, ceased or suspended their remunerative activities
  until the age at which they qualify for an old-age pension or
  an
  early retirement pension, the receipt of which is not conditional upon the person involved being available to the employment services of the competent State; ‘early old-age benefit’ means a benefit provided before the normal pension
  entitlement
  age
  required
  is reached and which either continues to be provided once the said age is reached or is replaced by another old-age benefit; |
| --- | --- |

(v)

pre-retirement benefits' means all cash benefits,

other than
  an unemployment benefit or
  an early old-age benefit, provided
  from a specified age to workers who have reduced, ceased or suspended their remunerative activities
  until the age at which they qualify for an old-age pension or
  an
  early retirement pension, the receipt of which is not conditional upon the person involved being available to the employment services of the competent State; ‘early old-age benefit’ means a benefit provided before the normal pension
  entitlement
  age
  required
  is reached and which either continues to be provided once the said age is reached or is replaced by another old-age benefit;

| (w) | death grants' means any one-off payment in the event of death exclusive of the lump-sum benefits referred to in point (u). |
| --- | --- |

(w)

death grants' means any one-off payment in the event of death exclusive of the lump-sum benefits referred to in point (u).

TITLE II

DETERMINATION OF THE LEGISLATION TO WHICH A PERSON IS SUBJECT

Article 10

General rules

1.   Persons to whom this Regulation applies shall be subject to the legislation of a single Member State only. Such legislation shall be determined in accordance with the provisions of this Title.

2.   For application of this Title, persons entitled to a benefit, other than an invalidity or old-age benefit, by virtue of pursuing an activity as an employed or self-employed person, shall be deemed to be pursuing the said activity.

3.   For
  the purposes
  of this Title, work
  normally
  done on board a vessel
  at sea
  flying the flag of a Member State shall be deemed to be work done in the territory of the said Member State.
  However, a person employed on board a vessel flying the flag of a Member State and remunerated for such employment by an undertaking or a person whose registered office or place of business is in the territory of another Member State shall be subject to the legislation of the latter State if he is resident in the territory of that State; the undertaking or person paying the remuneration shall be considered as the employer for the purposes of the said legislation.

4.   Subject to Articles 11 to 15:

| a) | a person pursuing an activity as an employed or self-employed person in the territory of a Member State shall be subject to the legislation of that State; |
| --- | --- |

a)

a person pursuing an activity as an employed or self-employed person in the territory of a Member State shall be subject to the legislation of that State;

| b) | civil servants and personnel treated as such shall be subject to the legislation of the Member State to which the administration employing them is subject; |
| --- | --- |

b)

civil servants and personnel treated as such shall be subject to the legislation of the Member State to which the administration employing them is subject;

| c) | a person called up or recalled for service in the armed forces or for civilian service of a Member State shall be subject to the legislation of that State; |
| --- | --- |

c)

a person called up or recalled for service in the armed forces or for civilian service of a Member State shall be subject to the legislation of that State;

| d) | any person other than those mentioned in sub-paragraphs (a) to (c) shall be subject to the legislation of the Member State in whose territory they reside, without prejudice to other provisions of this Regulation guaranteeing them benefits pursuant to the legislation of one or more other Member States. |
| --- | --- |

d)

any person other than those mentioned in sub-paragraphs (a) to (c) shall be subject to the legislation of the Member State in whose territory they reside, without prejudice to other provisions of this Regulation guaranteeing them benefits pursuant to the legislation of one or more other Member States.

Article 11

Special rules in the event of posting

1.   A person
  who pursues
  an activity as an employed person in the territory of a Member
  State on
  behalf of
  an
  employer
  which normally carries out its activities there and who is posted by that employer to the territory of another Member State to perform work on that employer's behalf
  shall continue to be subject to the legislation of
  the first
  Member State, provided that the anticipated duration of that work does not exceed
  twenty-four months
  and that he is not sent to replace another
  person.

2.   A person normally pursuing an activity as a self-employed person in the territory of a Member State who goes to perform
  a similar
  activity in the territory of another Member State shall continue to be subject to the legislation of the first Member State, provided that the anticipated duration of such work does not exceed
  twenty-four months
  .

Article 12

Pursuit of activities in the territory of two or more Member States

1.   A person normally pursuing an activity as an employed person in the territory of two or more Member States shall be subject:

| a) | to the legislation of the Member State in whose territory he resides if he pursues a substantial and principal activity in that territory; |
| --- | --- |

a)

to the legislation of the Member State in whose territory he resides if he pursues a substantial and principal activity in that territory;

| b) | to the legislation of the Member State in whose territory the registered office or place of business of the undertaking or employer employing him is situated, if he does not pursue substantial activities in the territory of the Member State where he resides. |
| --- | --- |

b)

to the legislation of the Member State in whose territory the registered office or place of business of the undertaking or employer employing him is situated, if he does not pursue substantial activities in the territory of the Member State where he resides.

2.   A person normally pursuing an activity as a self-employed person in the territory of two or more Member States shall be subject:

| a) | to the legislation of the Member State in whose territory he resides if he pursues a substantial activity in that territory; |
| --- | --- |

a)

to the legislation of the Member State in whose territory he resides if he pursues a substantial activity in that territory;

| b) | to the legislation of the Member State in the territory where the centre of interest of his activities is located, if he does not pursue a substantial activity in the territory of the Member State where he resides. |
| --- | --- |

b)

to the legislation of the Member State in the territory where the centre of interest of his activities is located, if he does not pursue a substantial activity in the territory of the Member State where he resides.

3.   A person who normally pursues an activity as an employed person and an activity as a self-employed person in the territory of different Member States shall be subject to the legislation of the Member State in whose territory he pursues an activity as an employed person or, if he pursues such an activity in the territory of two or more Member States, to the legislation determined in accordance with paragraph 1.

4.   A person who is employed as a civil servant
  by
  one Member State and
  who pursues
  an activity as an employed person and/or as a self-employed person in the territory of one or more other Member States shall be subject to the legislation of the Member State in which he is insured as a civil
  servant.

5.   A person referred to in the preceding paragraphs shall be treated, for the purposes of applying the legislations determined in accordance with these provisions, as though he were pursuing all his activities as an employed or self-employed person in the territory of the Member State concerned.

Article 13

Rules concerning voluntary insurance or optional continued insurance

1.   Articles 10 to 12 shall not apply to voluntary insurance or to optional continued insurance unless, in respect of one of the branches referred to in Article 2(1), only a voluntary scheme of insurance exists in a Member State.

2.
     
  Where, by virtue of its legislation, the person concerned is subject to compulsory insurance in one Member State, he may not be subject to a required voluntary insurance scheme or an optional continued insurance scheme in another Member State, intended to provide similar cover. In all other cases in which, for a given sector, there is a choice between several voluntary insurance schemes or optional continued insurance schemes the person concerned shall join only the scheme of his choice.

3.   However, in respect of invalidity, old age and death (pensions), the person involved may join the voluntary or optional continued insurance scheme of a Member State, even if he is compulsorily subject to the legislation of another Member State,
  provided that he has been subject, at some stage in his career, to the legislation of the first State because or as a consequence of a professional activity and
  insofar as such overlapping is explicitly or implicitly allowed pursuant to the legislation of the first Member State.

4.
     
  If the legislation of any Member State makes admission to voluntary insurance or optional continued insurance conditional upon residence in the territory of that State, the equal treatment of residence in the territory of another Member State as provided under Article 3(4)(b) shall only apply to persons who have been subject, at some earlier stage, to the legislation of the first State because of their pursuit of an activity as an employed person or as a self-employed person.

Article 14

Special rules
  regarding auxiliary
  staff of the European
  Communities

Auxiliary
  staff of the European Communities may opt to be subject to the legislation of the Member State in whose territory they are employed, to the legislation of the Member State to which they were last subject or to the legislation of the Member State whose nationals they are, in respect of provisions other than those relating to family allowances, the granting of which is governed by the scheme applicable to such staff. This right of option, which may be exercised once only, shall take effect from the date of entry into service.

Article 15

Exceptions to the provisions of Articles 10 to 14

1.   Two or more Member States, the competent authorities of these States or the bodies designated by these authorities may by common agreement provide for exceptions to the provisions of Articles 10 to 14 in the interest of certain categories of persons or of certain persons.

2.   The recipient of a pension due under the legislation of a Member State or of pensions due under the legislation of several Member States who resides in the territory of another Member State may at his request be exempted from application of the legislation of the latter State provided that he is not subject to that legislation on account of pursuing an activity as an employed or self-employed person.

TITLE III

SPECIAL PROVISIONS RELATING TO THE VARIOUS CATEGORIES OF BENEFIT

CHAPTER 1

SICKNESS, MATERNITY AND PATERNITY

Article 16

Residence in a Member State other than the competent State

Persons insured against expenditure related to sickness or maternity, or the members of their family who reside in the territory of a Member State other than the competent State, shall receive in the State of residence benefits in kind, including death grants, provided, on behalf of the competent institution, by the institution of the place of residence, in accordance with the provisions of the legislation administered by that institution as though they were insured pursuant to the said legislation. They shall also receive in the State of residence the cash benefits provided by the competent institution in accordance with the provisions of the legislation which it administers.

Article 17

Stay in the competent State although residence is situated in a Member State other than the competent State

1.
     The persons referred to in Article 16 may also obtain benefits in the territory of the competent State. Such benefits shall be provided by the competent institution and at its own expense, in accordance with the provisions of the legislation of that State, as though the person involved resided in it.

2.
     
  Members of the family of a frontier worker shall also be entitled to benefits in the State of employment of that worker.

Article 18

Stay outside the competent State — General rules

1.
     Without prejudice to
  paragraph 2, an insured person
  and the members of his family staying in a Member State other than the competent State
  shall be entitled to the benefits in kind which become medically necessary during their stay, taking into account the nature of the benefits and the expected length of the stay. The
  benefits in kind
  shall be
  provided on behalf of the competent institution by the institution of the place of stay, in accordance with the provisions of the legislation
  administered by that institution,
  as though they were insured pursuant to the said
  legislation.

2.
     
  The Administrative Commission shall establish a list of benefits in kind which, in order to be provided during a stay in another Member State, require for practical reasons a prior agreement between the person involved and the institution providing the care.

Article 19

Authorisation to receive appropriate treatment outside the competent State

1.
     
  Save as otherwise provided under this Regulation, an insured person travelling to another Member State with the purpose of receiving benefits in kind during the stay shall seek authorisation from the competent institution where such benefits involve in-patient treatment.

2.
     
  An insured
  person who is authorised by the competent institution to go to the territory of another Member State to receive there the treatment appropriate to his condition shall receive the benefits in kind provided, on behalf of the competent institution, by the institution of the place of stay, in accordance with the provisions of the legislation
  administered by that institution
  , as though he were insured pursuant to the said legislation. The authorisation must be accorded where the treatment in question is among the benefits provided for by the legislation
  in the Member State where
  the person involved resides and
  where
  he cannot
  be given such treatment within a time-limit which is medically justifiable,
  taking account of his current state of health and the probable course of the
  illness
  .

3.
     
  The provisions in paragraphs 1 and 2 shall apply mutatis mutandis to the members of an insured person's family.

4.
     
  If the members of the family of an insured person reside in the territory of a Member State other than the Member State in which the insured person resides, and this Member State has opted for reimbursement on the basis of fixed amounts, the cost of the benefits in kind referred to in paragraph 2 shall be borne by the institution of the place of residence of the members of the family. In this case, for the purposes of applying paragraph 1, the institution of the place of residence of the members of the family shall be considered to be the competent institution.

Article 20

Calculation of
  and examination for
  cash benefits

1.
     
  Insured persons or members of their family residing or staying in a Member State other than the competent State shall be entitled to cash benefits from the competent institution in accordance with the legislation applicable to that institution. By agreement between the competent institution and the institution of the place of residence or stay, such benefits may, however, be provided by the institution of the place of residence or stay at the expense of the competent institution in accordance with the legislation of the competent State.

2.   The competent institution of a Member State, whose legislation stipulates that the calculation of cash benefits shall be founded on average income or on an average contribution basis, shall determine such average income or average contribution basis exclusively by reference to the incomes confirmed as having been paid or contribution bases applied during the periods completed under the said legislation.

3.   The competent institution of a Member State, whose legislation provides that the calculation of cash benefits shall be based on standard income, shall take account exclusively of the standard income, or where appropriate, of the average of standard incomes for the periods competed under the said legislation.

4.
     
  To be eligible for benefits under this article insured persons shall — if they are frontier workers and their state of health so allows — be required to submit to examination and reintegration measures in the competent State, in accordance with the legislation of that State.

5.
     
  Paragraphs 2 and 3 shall also apply if the legislation applicable to the competent institution lays down a specific reference period, and that period corresponds in the case in question either wholly or partly to the periods which the person concerned has completed under the legislation of one or more other Member States.

Article 21

Pension recipients — benefits in kind

1.   A recipient of one or more pensions and the members of his family shall receive in the State of residence benefits in kind, including death grants, provided, on behalf of all the States paying a pension, by the institution of the place of residence, in accordance with the provisions of the legislation it administers as though he were the recipient of one or more pensions due under the said legislation alone.

2.
     
  A pensioner who in the five years preceding the commencement of an old-age or invalidity pension has been employed or self-employed for at least two years as a frontier worker shall be entitled to benefits in kind in the territory of the Member State in which he was employed or self-employed as a frontier worker.

3.   The cost of the benefits shall be divided among the Member States paying a pension proportional to the periods completed in each Member State, to the extent that the person involved would have been entitled to benefits pursuant to the legislation of each Member State concerned if he resided in their territory.

4.   Where the other pensioners insured in the State of residence are subject to contributions, the pension recipient in question shall likewise be subject thereto. The yield from such contributions shall be divided among the State paying a pension proportional to the periods completed in each Member State.

5.   Two or more Member States, or the competent authorities of those States, may provide for other methods of reimbursement or waive all reimbursement between the institutions coming under their jurisdiction.

Article 22

Pension recipients and members of their families — cash benefits

A pension recipient or claimant and the members of his family shall receive cash benefits in accordance with the provisions contained in the Chapter on invalidity.

Article 23

Pension claimants and members of their families

Articles 21 and 22 shall apply mutatis mutandis to a person who, during the investigation of a claim for a pension, ceases to be entitled to sickness benefits, including death grants, under the legislation of the Member State which was last competent.

Article 24

Right to benefits existing in the country of residence

Where the members of the family reside in the territory of a Member State under whose legislation the right to benefits in kind, including death grants, is not subject to conditions of insurance or employment, the benefits in kind provided to them shall be considered as being on behalf of the institution which administers the legislation pursuant to which the person is insured, unless the spouse or the person looking after the children pursues an activity as an employed or self-employed person in the territory of the said Member State.

Article 25

Substantial benefits in kind

1.   A person or a member of his family who has had a right to a prosthesis, a major appliance or other substantial benefits in kind recognised by the institution of a Member State before he becomes insured pursuant to the legislation administered by the institution of another Member State, shall receive such benefits at the expense of the first institution, even if they are accorded after the said person has already become insured pursuant to the legislation administered by the second institution.

2.   The Administrative Commission shall draw up the list of benefits to which the provisions of paragraph 1 apply.

Article 26

Aggregation of periods for seasonal workers

Article 4 shall apply to seasonal workers, even in respect of periods prior to any break in insurance exceeding the period allowed by the legislation of the competent State, provided, however, that the person involved has not ceased to be insured for a period exceeding four months.

Article 27

Reimbursements between institutions

1.   The benefits in kind, including death grants, provided by the institution of a Member State on behalf of the institution of another Member State pursuant to the provisions of this Chapter shall give rise to full reimbursement, as determined and effected in accordance with the arrangements set out in the Implementing Regulation referred to in Article 72, on production of proof of actual expenditure.

2.   Two or more Member States, or the competent authorities of such States, may provide for other methods of reimbursement or waive all reimbursement between the institutions coming under their jurisdiction.

CHAPTER 2

INVALIDITY

Article 28

General provision

Persons who have been subject to the legislations of two or more Member States shall receive benefits in accordance with the provisions of Chapter 3 which shall apply mutatis mutandis.

Article 29

Consideration by a Member State of periods of compensation for incapacity to work provided by another Member State

The competent institution of a Member State whose legislation makes the granting of invalidity benefits conditional on the fact that, for a specified period, the person involved received cash benefits for sickness or was incapable of working, shall take into account any period during which he received, under the legislation of another Member State, in respect of incapacity to work cash benefits for sickness or maintenance of his income or invalidity benefits, as though it were a period during which he had been provided with cash benefits for sickness pursuant to the legislation it administers or during which he had been incapable of working within the meaning of the said legislation.

Article 30

Aggravation of invalidity

In the case of aggravation of an invalidity for which a person is receiving benefits under the legislation of two or more Member States, the benefits shall be accorded to him, taking the aggravation into account, in accordance with this Chapter.

Article 31

Determination of the institution responsible for providing benefits when provision of invalidity benefits is resumed

1.   If provision of benefits is to be resumed after suspension, such provision shall, without prejudice to Article 32, be the responsibility of the institution or institutions which were responsible for provision of the benefits at the time of their suspension.

2.   If, after withdrawal of benefits, the condition of the person involved warrants the granting of further benefits, they shall be accorded in keeping with this Chapter.

Article 32

Conversion of invalidity benefits into old-age benefits

1.   Invalidity benefits shall be converted into old-age benefits, where appropriate, under the conditions laid down by the legislation or legislations under which they were accorded and in keeping with the provisions of Chapter 3.

2.   Where a person receiving invalidity benefits can establish a claim to old-age benefits under the legislation of one or more Member States, in accordance with Article 33, any institution which is responsible for providing invalidity benefits under the legislation of a Member State shall continue to provide such a person with the invalidity benefits to which he is entitled under the legislation which it administers until the provisions of paragraph 1 become applicable in respect of that institution or, if not, as long as the person involved fulfils the conditions for such benefits.

CHAPTER 3

OLD-AGE AND SURVIVORS' PENSIONS

Article 33

General provisions for the award of benefits where a person has been subject to the legislation of two or more Member States

1.   All the competent institutions must proceed to award benefits, in respect of all the legislations concerned, as soon as a request for award has been submitted, unless the person involved expressly requests deferment of the award of the old-age benefits of one or more Member States or if he does not simultaneously fulfil the conditions required under all the legislations of the Member States to which he has been subject, taking into account aggregation of periods of insurance or of residence.

2.   If the person involved does not fulfil, at a given moment, the conditions required under all the legislations of the Member States, the institutions administering a legislation whose conditions have been fulfilled must take into consideration, when performing the calculation in accordance with Article 35(1)(a) or (2), the periods completed under the legislations whose conditions have not been fulfilled only if this gives rise to a higher amount of benefit.

3.   The provisions of this paragraph shall apply mutatis mutandis when the person involved has expressly requested deferment of the award of the old-age benefit.

4.   A new calculation shall be performed automatically as and when the conditions required under the other legislations are fulfilled or when a person requests the award of an old-age benefit deferred in accordance with paragraph 1.

5.   The increases in or supplements to pensions in respect of children or orphans shall be accorded in keeping with the provisions of this Chapter.

Article 34

Consideration of periods of insurance or residence for the acquisition, retention or recovery of the right to benefits

1.   The competent institution of a Member State shall take into account all periods of insurance and/or residence completed under the legislation of any other Member State, whether under a general scheme or a special scheme.

2.   For granting benefits under a special scheme, if the applicable legislation so requires, the periods completed in the other Member States shall be taken into account only if they have been completed under a corresponding scheme or, in default thereof, in the same occupation or, where appropriate, in the same employment.

3.   If the insured person does not fulfil the conditions required to receive the benefits of a special scheme, the periods shall be taken into account, in the State concerned, for granting the benefits of the general scheme or, in default thereof, of the scheme applicable to manual or clerical workers, as the case may be.

4.   The periods which have given rise to benefits under a special scheme of a Member State shall likewise be taken into account for granting the benefits of the general scheme or, in default thereof, of the scheme applicable to manual or clerical workers, as the case may be.

Article 35

Award of benefits

1.   If the conditions required under the legislation of a Member State for entitlement to benefits are satisfied without recourse to aggregation of periods, the competent institution shall calculate the amount of benefit which will be due:

| a) | on the one hand, only pursuant to the provisions of the legislation which it administers (national pension); |
| --- | --- |

a)

on the one hand, only pursuant to the provisions of the legislation which it administers (national pension);

| b) | on the other, in accordance with the provisions of paragraph 2 (pro-rata pension). |
| --- | --- |

b)

on the other, in accordance with the provisions of paragraph 2 (pro-rata pension).

2.   If the conditions required under the legislation of a Member State for entitlement to benefits are satisfied only through aggregation of periods:

| (a) | The competent institution shall calculate the theoretical amount of the benefit to which the person involved could lay claim if all the periods of insurance and/or of residence which he has completed under the legislations of the other Member States had been completed under the legislation which it administers, on the date of the award of the benefit. If, under this legislation, the amount does not depend on the duration of the periods completed, the amount shall be regarded as being the theoretical amount. |
| --- | --- |

(a)

The competent institution shall calculate the theoretical amount of the benefit to which the person involved could lay claim if all the periods of insurance and/or of residence which he has completed under the legislations of the other Member States had been completed under the legislation which it administers, on the date of the award of the benefit. If, under this legislation, the amount does not depend on the duration of the periods completed, the amount shall be regarded as being the theoretical amount.

| (b) | The competent institution shall then establish the actual amount of the benefit (pro rata) by applying to the theoretical amount the ratio between (i) the duration of only the periods completed prior to materialisation of the risk under the legislation which the institution administers and (ii) the total duration of the periods completed prior to materialisation of the risk under the legislation of all the Member States concerned. |
| --- | --- |

(b)

The competent institution shall then establish the actual amount of the benefit (pro rata) by applying to the theoretical amount the ratio between (i) the duration of only the periods completed prior to materialisation of the risk under the legislation which the institution administers and (ii) the total duration of the periods completed prior to materialisation of the risk under the legislation of all the Member States concerned.

3.   Where appropriate, the competent institution shall apply to the amount calculated in accordance with paragraphs 1 and 2 above all the rules relating to reduction, suspension or withdrawal under the legislation pursuant to which the benefit is due, within the limits provided for by the provisions of Articles 36 to 38 of this Chapter.

4.   The insured person shall be entitled to receive from the competent institution of each country whichever of the amounts — that due through application of national law or that which would be due through application of Community law — is higher.

Article 36

Rules relating to reduction, suspension or withdrawal applicable to benefits in respect of invalidity, old age or survivors pursant to the legislations of the Member States (Rules to prevent overlapping) — General provisions

1.   Save as otherwise provided for in this Chapter, the rules relating to reduction, suspension or withdrawal under the legislation of a Member State in cases of a benefit overlapping with other social security benefits pertaining to the same period of compulsory insurance or with any other forms of income may be invoked against the beneficiary even where such benefits were acquired under the legislation of another Member State or where such incomes were acquired in the territory of another Member State.

2.   The rules to prevent overlapping contained in the legislation of a Member State in the case of a person in receipt of invalidity benefits or early old-age benefits pursuing an activity as an employed or self-employed person may be invoked against such a person even though he is pursuing his activity in the territory of another Member State.

3.   Any overlapping of invalidity, old-age and survivors' benefits calculated or provided on the basis of insurance and/or residence periods completed by the same person shall be considered to be overlapping of benefits of the same kind.

4.   Overlapping of benefits which cannot be considered to be of the same kind within the meaning of paragraph 3 shall be considered to be overlapping of benefits of a different kind.

5.   The competent institution must take into consideration the benefits or incomes acquired abroad only if the legislation which it administers makes explicit provision therefor.

6.   The competent institution must take into account the amount of benefits to be paid by another Member State before deduction of tax, social security contributions and other individual deductions.

7.   The competent institution must not take account of the amount of benefits acquired under the legislation of another Member State on the basis of voluntary insurance or continued optional insurance.

8.   If a single Member State applies rules to prevent overlapping because the person involved receives benefits of the same kind or of a different kind pursuant to the legislation of other Member States or incomes acquired in the territory of other Member States, the benefit due may be reduced solely by the total amount of benefits due pursuant to the legislation of the other Member States or by the incomes acquired in their territory.

Article 37

Overlapping of benefits of the same kind due under the legislation of two or more Member States — Special provisions

1.   The rules to prevent overlapping provided for under the legislation of a Member State shall not apply to a benefit calculated in accordance with Article 35(2) — pro rata.

2.   A benefit calculated in accordance with Article 35(1)(a) — national benefit — may be reduced, suspended or withdrawn by application of the rules to prevent overlapping provided for under the legislation of a Member State only if it is:

| a) | a benefit, the amount of which does not depend on the duration of insurance or residence periods,
  or |
| --- | --- |

a)

a benefit, the amount of which does not depend on the duration of insurance or residence periods,

or

| b) | a benefit, the amount of which is determined on the basis of a credited period between the materialisation of the risk and a later date, overlapping with either:






  i) | a benefit of the same kind, except where an agreement has been concluded between two or more Member States to avoid the same credited period being taken into account two or more times;
  or |
| --- | --- | --- |

b)

a benefit, the amount of which is determined on the basis of a credited period between the materialisation of the risk and a later date, overlapping with either:

i)

a benefit of the same kind, except where an agreement has been concluded between two or more Member States to avoid the same credited period being taken into account two or more times;

or

| ii) | a benefit, the amount of which does not depend on the duration of insurance or residence periods. |
| --- | --- |

ii)

a benefit, the amount of which does not depend on the duration of insurance or residence periods.

Article 38

Overlapping of one or more national benefits with one or more benefits of a different kind or with other incomes where two or more Member States are concerned — Special provisions

1.   If the receipt of benefits of a different kind or other incomes engenders application of the rules to prevent overlapping as regards:

| a) | two or more benefits calculated in accordance with national legislation, the competent institutions must divide the amounts, which would not be paid in the event of strict application of the rules to prevent overlapping, by the number of benefits subject to the said rules; |
| --- | --- |

a)

two or more benefits calculated in accordance with national legislation, the competent institutions must divide the amounts, which would not be paid in the event of strict application of the rules to prevent overlapping, by the number of benefits subject to the said rules;

| b) | two or more benefits calculated in accordance with the pro rata method, the competent institutions shall take into account the benefit or benefits of the other Member States or the other incomes and all the elements stipulated for applying the rules to prevent overlapping as a function of the ratio between the periods of insurance and/or residence established for the calculation referred to in Article 35(2)(b) (pro rata) of such benefits; |
| --- | --- |

b)

two or more benefits calculated in accordance with the pro rata method, the competent institutions shall take into account the benefit or benefits of the other Member States or the other incomes and all the elements stipulated for applying the rules to prevent overlapping as a function of the ratio between the periods of insurance and/or residence established for the calculation referred to in Article 35(2)(b) (pro rata) of such benefits;

| c) | one or more benefits calculated in accordance with national legislation and one or more pro rata benefits, the competent institutions shall apply the rules to prevent overlapping:






  i) | in accordance with subparagraph (a) as regards national benefits; |
| --- | --- | --- |

c)

one or more benefits calculated in accordance with national legislation and one or more pro rata benefits, the competent institutions shall apply the rules to prevent overlapping:

i)

in accordance with subparagraph (a) as regards national benefits;

| ii) | in accordance with subparagraph (b) as regards pro rata benefits. |
| --- | --- |

ii)

in accordance with subparagraph (b) as regards pro rata benefits.

2.   The competent institution shall not apply the stipulated division in respect of national benefits if the legislation which it administers provides for account to be taken of benefits of a different kind and/or of other incomes and all the elements for calculating part of their amount determined as a function of the ratio between the periods of insurance referred to in Article 35(2)(b).

3.   All the abovementioned provisions shall apply mutatis mutandis where the legislation of one or more Member States provides that a benefit cannot be granted in the case where a person receives a benefit of a different kind pursuant to the legislation of another Member State or other incomes.

Article 39

Additional provisions for the calculation of benefits

1.   For the calculation of the theoretical and pro rata amounts referred to in Article 35(2), the following rules shall apply:

| a) | the competent institution shall take into consideration the maximum duration required under the legislation which it administers if the total duration of the periods of insurance and/or residence completed prior to materialisation of the risk under the legislations of all the Member States concerned exceeds the said maximum duration. This provision shall not apply to benefits whose amount does not depend on the duration of the periods of insurance; |
| --- | --- |

a)

the competent institution shall take into consideration the maximum duration required under the legislation which it administers if the total duration of the periods of insurance and/or residence completed prior to materialisation of the risk under the legislations of all the Member States concerned exceeds the said maximum duration. This provision shall not apply to benefits whose amount does not depend on the duration of the periods of insurance;

| b) | the competent institution shall take into account overlapping periods in accordance with the procedure laid down in the Implementing Regulation referred to in Article 72; |
| --- | --- |

b)

the competent institution shall take into account overlapping periods in accordance with the procedure laid down in the Implementing Regulation referred to in Article 72;

| c) | if the legislation of a Member State provides that the benefits shall be calculated on the basis of incomes, contributions, increases or amounts (average, proportional, fixed or credited), the competent institution shall:






  i) | determine the basis, average or proportional, for calculation of the benefits in accordance with only periods of insurance completed pursuant to the legislation which it administers; |
| --- | --- | --- |

c)

if the legislation of a Member State provides that the benefits shall be calculated on the basis of incomes, contributions, increases or amounts (average, proportional, fixed or credited), the competent institution shall:

i)

determine the basis, average or proportional, for calculation of the benefits in accordance with only periods of insurance completed pursuant to the legislation which it administers;

| ii) | utilise, in order to determine the amount to be calculated in accordance with the periods of insurance and/or residence completed under the legislation of the other Member States, the same average, proportional, fixed or credited elements determined or recorded for the periods of insurance completed under the legislation which it administers. |
| --- | --- |

ii)

utilise, in order to determine the amount to be calculated in accordance with the periods of insurance and/or residence completed under the legislation of the other Member States, the same average, proportional, fixed or credited elements determined or recorded for the periods of insurance completed under the legislation which it administers.

2.   The theoretical amount of a benefit calculated on the basis of the elements referred to in the preceding paragraph must be duly revalued and increased as though the person involved had continued to pursue his activity under the same conditions in the Member State concerned.

Article 40

Award of a supplement where the total of benefits due under the legislations of the various Member States does not amount to the minimum laid down by the legislation of the recipient's State of residence

A recipient of benefits to whom this Chapter has been applied may not be awarded a benenfit which is less than the minimum benefit fixed, for a period of insurance or residence equal to all the periods taken into account for the award in accordance with the provisions of this Chapter, by the legislation of the State where he resides and under which a benefit is due to him.

The competent institution of that State shall pay him throughout the period of his residence in its territory a supplement equal to the difference between the total of the benefits due pursuant to this Chapter and the amount of the minimum benefit.

Article 41

Revaluation and recalculation of benefits

1.   If, by reason of an increase in the cost of living or changes in the level of incomes or other reasons for adjustment, the benefits of the States concerned are altered by a certain percentage or amount, such percentage or amount must be applied directly to the benefits determined in accordance with Article 35, without the need for a recalculation in accordance with that Article.

2.   On the other hand, if the method of determining benefits or the rules for calculating benefits should be altered, a recalculation shall be carried out in accordance with Article 35.

CHAPTER 4

ACCIDENTS AT WORK AND OCCUPATIONAL DISEASES

Article 42

Right to benefits in kind and in cash

1.   Without prejudice to the more favourable provisions of paragraph 2, Articles 16, 17, 18, 19, 20 and 27 shall apply mutatis mutandis to the benefits relating to accidents at work and occupational diseases.

2.   The victim of an accident at work or occupational disease staying in a Member State other than the competent State shall receive the special benefits in kind of the scheme covering accidents at work and occupational diseases provided, on behalf of the competent institution, by the institution of the place of stay in accordance with the provisions of the legislation which it administers as though he were insured pursuant to the said legislation.

Article 43

Benefits for an occupational disease where the person involved has been exposed to the same risk in several Member States

1.   When the victim of an occupational disease has, under the legislation of two or more Member States, pursued an activity which by its nature is likely to cause the said disease, the benefits that he or his survivors may claim shall be awarded exclusively under the legislation of the last of those States whose conditions are satisfied, taking into account, where appropriate, paragraphs 2 to 4.

2.   If, under the legislation of a Member State, the granting of benefits in respect of an occupational disease is subject to the condition that the disease in question was first medically diagnosed in its territory, such condition shall be deemed to be satisfied if the disease was first diagnosed in the territory of another Member State.

3.   If, under the legislation of a Member State, the granting of benefits in respect of an occupational disease is subject to the condition that the disease in question was diagnosed within a specific time limit following cessation of the last activity which was likely to cause such a disease, the cometent institution of that State, when checking the time at which such last activity was pursued, shall take into account, to the extent necessary, similar activities pursued under the legislation of any other Member State as though they had been pursued under the legislation of the first State.

4.   If, under the legislation of a Member State, the granting of benefits in respect of an occupational disease is subject to the condition that an activity likely to cause the disease in question was pursued for a certain length of time, the competent istitution of that State shall take into account, to the extent necessary, periods during which such activity was pursued under the legislation of any other Member State as though it had been pursued under the legislation of the first State.

Article 44

Calculation of cash benefits

1.   The competent institution of a Member State, whose legislation provides that the calculation of cash benefits shall be based on average income, shall determine such average income exclusively by reference to the incomes confirmed as having been paid during the periods completed under the said legislation.

2.   The competent institution of a Member State, whose legislation provides that the calculation of cash benefits shall be based on standard income, shall take account exclusively of the standard income, or where appropriate, of the average of standard incomes for the periods completed under the said legislation.

Article 45

Costs of transporting a victim

1.   The competent institution of a Member State whose legislation provides for meeting the costs of transporting a victim, either to his place of residence or to a hospital, shall meet such costs to the corresponding place in the territory of another Member State where the victim resides.

2.   The competent institution of a Member State whose legislation provides for the costs of transporting the body of a victim to the place of burial shall, in accordance with the provisions of the legislation which it administers, meet such costs to the corresponding place in the territory of another Member State where the victim was residing at the time of the accident.

Article 46

Aggravation of an occupational disease for which compensation has been awarded

In the event of aggravation of an occupational disease for which a victim has received or is receiving compensation under the legislation of a Member State, the following rules shall apply:

| a) | if the person involved has not, while in receipt of benefits, pursued an activity as an employed or selfemployed person under the legislation of another Member State likely to cause or aggravate the disease in question, the competent institution of the first Member State shall be bound to meet the cost of the benefits under the provisions of the legislation which it administers, taking into account the aggravation; |
| --- | --- |

a)

if the person involved has not, while in receipt of benefits, pursued an activity as an employed or selfemployed person under the legislation of another Member State likely to cause or aggravate the disease in question, the competent institution of the first Member State shall be bound to meet the cost of the benefits under the provisions of the legislation which it administers, taking into account the aggravation;

| b) | if the person involved, while in receipt of benefits, has pursued such an activity under the legislation of another Member State, the competent institution of the first Member State shall be bound to meet the cost of the benefits under the legislation which it administers without taking the aggravation into account. The competent institution of the second Member State shall grant a supplement to the person involved, the amount of which shall be equal to the difference between the amount of benefits due after the aggravation and the amount which would have been due prior to the aggravation under the legislation which it administers if the disease in question had occurred under the legislation of that Member State; |
| --- | --- |

b)

if the person involved, while in receipt of benefits, has pursued such an activity under the legislation of another Member State, the competent institution of the first Member State shall be bound to meet the cost of the benefits under the legislation which it administers without taking the aggravation into account. The competent institution of the second Member State shall grant a supplement to the person involved, the amount of which shall be equal to the difference between the amount of benefits due after the aggravation and the amount which would have been due prior to the aggravation under the legislation which it administers if the disease in question had occurred under the legislation of that Member State;

| c) | the rules concerning reduction, suspension or withdrawal laid down by the legislation of a Member State shall not be invoked against persons receiving benefits awarded by institutions of two Member States in accordance with subparagraph (b). |
| --- | --- |

c)

the rules concerning reduction, suspension or withdrawal laid down by the legislation of a Member State shall not be invoked against persons receiving benefits awarded by institutions of two Member States in accordance with subparagraph (b).

Article 47

Rules for taking into account the special features of certain legislations

1.   If there is no insurance against accidents at work or occupational diseases in the territory of the Member State in which the person involved finds himself, or if such insurance exists but there is no institution responsible for providing benefits in kind, those benefits shall be provided by the institution of the place of stay or residence responsible for providing benefit in kind in the event of sickness.

2.   Where the legislation of the competent State makes wholly cost-free benefits in kind conditional upon use of the medical service organised by the employer, benefits in kind provided in another Member State shall be deemed to have been provided by such a medical service.

3.   Where the legislation of the competent State includes a scheme relating to the obligations of the employer, the benefits in kind provided in another Member State shall be deemed to have been provided at the request of the competent institution.

4.   Where the nature of the scheme of the competent State relating to compensation for accidents at work is not that of compulsory insurance, the provision of benefits in kind shall be made directly by the employer or by the insurer involved.

5.   Where the legislation of a Member State provides explicitly or implicitly that accidents at work or occupational diseases which have occurred or have been confirmed previously shall be taken into consideration in order to assess the degree of incapacity so as to acquire a right to benefits, or to determine the amount thereof, the competent institution of that Member State shall also take into consideration accidents at work or occupational diseases which have occurred or have been confirmed previously under the legislation of another Member State as though they had occurred or had been confirmed under the legislation which it administers.

6.   Where the legislation of a Member State provides explicitly or implicitly that accidents at work or occupational diseases which have occurred or have been confirmed subsequently shall be taken into consideration in order to assess the degree of incapacity so as to acquire the right to benefits, or to determine the amount thereof, the competent institution of that Member State shall also take into consideration accidents at work or occupational diseases which have occurred or have been confirmed subsequently under the legislation of another Member State, as though they had occurred or had been confirmed under the legislation which it administers, but only where:

| a) | no compensation is due in respect of the accident at work or the occupational disease which had occurred or had been confirmed previously under the legislation which it administers;
  and |
| --- | --- |

a)

no compensation is due in respect of the accident at work or the occupational disease which had occurred or had been confirmed previously under the legislation which it administers;

and

| b) | no compensation is due under the legislation of the other Member State in respect of the accident at work or the occupational disease which had occurred or had been confirmed subsequently, notwithstanding the provisions of paragraph 5. |
| --- | --- |

b)

no compensation is due under the legislation of the other Member State in respect of the accident at work or the occupational disease which had occurred or had been confirmed subsequently, notwithstanding the provisions of paragraph 5.

Article 48

Scheme applicable where there are several schemes in the country of stay or residence — Maximum duration of benefits

1.   If the legislation of the country of stay or residence has several insurance schemes, the provisions applicable to victims of an accident at work staying or residing in a Member State other than the competent State shall be those of the scheme for manual workers in the steel industry. However, if that legislation includes a special scheme for workers in mines and undertakings treated as such, the provisions of that scheme shall apply to the said category of workers where the institution of the place of stay or residence to which they submit their claim is competent to administer that scheme.

2.   If the legislation of a Member State fixes a maximum period during which benefits may be granted, the institution which administers that legislation may take into account any period during which the benefits have already been provided by the institution of another Member State.

CHAPTER 5

UNEMPLOYMENT

Article 49

Special rule on aggregation of periods of insurance, employment or activity as a self-employed person

1.   The competent institution of a Member State whose legislation makes the acquisition, retention or recovery of the right to benefits conditional upon the completion of either periods of insurance, of employment or of activity as a self-employed person shall, to the extent necessary, take account of periods of insurance, employment or activity as a self-employed person completed under the legislation of any other Member State as though they were periods of insurance, employment or activity as a self-employed person completed under the legislation which it administers.

However, when the legislation applicable makes the right to benefits conditional on completion of periods of insurance, the periods of employment or of activity as a self-employed person completed under the legislation of another Member State shall not be taken into account unless such periods would have been considered to be periods of insurance if they had been completed under the said legislation.

2.   Application of the provisions of the preceding paragraph shall be conditional on the person involved having completed ultimately:

| — | either periods of insurance; |
| --- | --- |

—

either periods of insurance;

| — | or periods of employment; |
| --- | --- |

—

or periods of employment;

| — | or periods of activity as a self-employed person; |
| --- | --- |

—

or periods of activity as a self-employed person;

in accorance with the provisions of the legislation under which the benefits are claimed.

3.   Where the length of the period during which benefits may be granted depends on the duration of periods of insurance, employment or activity as a self-employed person, the provisions of paragraph 1 shall apply.

Article 50

Calculation of benefits

The competent institution of a Member State whose legislation provides that the calculation of benefits shall be based on the amount of the previous income shall take into account exclusively the income received by the person involved in respect of his last employment under the said legislation. However, if the person involved had been in his last employment under the said legislation for less than four weeks, the benefits shall be calculated on the basis of the normal income corresponding, in the place where the competent institution is located, to an equivalent or similar employment to his last employment under the legislation of another Member State.

Article 51

Unemployed persons going to a Member State other than the competent State

1.   A person insured against unemployment going to another Member State in order to seek work there shall retain his entitlement to unemployment benefits in cash under the following conditions and within the following limits:

| a) | before his departure he must have been registered as a person seeking work and have remained available to the employment services of the competent State for at least four weeks after becoming unemployed. However, the competent services or institutions may authorise his departure before such time has expired. |
| --- | --- |

a)

before his departure he must have been registered as a person seeking work and have remained available to the employment services of the competent State for at least four weeks after becoming unemployed. However, the competent services or institutions may authorise his departure before such time has expired.

| b) | within seven days of the date on which the person involved ceased to be available to the employment services of the State which he left, he must register as a person seeking work with the employment services of the Member State to which he has gone, be subject to the control procedure organised there and adhere to the conditions laid down under the legislation of the said State. In exceptional cases, this period may be extended by the competent services or institutions. |
| --- | --- |

b)

within seven days of the date on which the person involved ceased to be available to the employment services of the State which he left, he must register as a person seeking work with the employment services of the Member State to which he has gone, be subject to the control procedure organised there and adhere to the conditions laid down under the legislation of the said State. In exceptional cases, this period may be extended by the competent services or institutions.

| c) | the person involved shall adhere to the conditions governing receipt of unemployment benenfits other than the benefits in kind referred to in paragraph 2 as laid down by the legislation of the State to which he has gone in order to seek work. |
| --- | --- |

c)

the person involved shall adhere to the conditions governing receipt of unemployment benenfits other than the benefits in kind referred to in paragraph 2 as laid down by the legislation of the State to which he has gone in order to seek work.

| d) | entitlement to benefits shall be retained for a maximum period of six months from the date when the unemployed person ceased to be available to the employment services of the State which he left, provided that the total duration for which the benefits are granted does not exceed the duration of the period of benefits he was entitled to pursuant to the legislation of that State. The benefits shall be provided by the competent institution in accordance with the legislation which it administers and at its own expense. |
| --- | --- |

d)

entitlement to benefits shall be retained for a maximum period of six months from the date when the unemployed person ceased to be available to the employment services of the State which he left, provided that the total duration for which the benefits are granted does not exceed the duration of the period of benefits he was entitled to pursuant to the legislation of that State. The benefits shall be provided by the competent institution in accordance with the legislation which it administers and at its own expense.

2.   A person referred to in paragraph 1 shall, in the territory of the State to which he had gone in order to seek work, receive unemployment benefits, other than cash benefits, whose aim is to facilitate access to work under the same conditions as its own nationals receiving an unemployment benefit within the meaning of this Regulation. Receipt of benefits shall be conditional on adherence to the conditions laid down by the legislation of the State in which the unemployed person is seeking work and the benefits shall be provided by the said State and as its own expense.

3.   If the person involved returns to the competent State before the expiry of the period during which he is entitled to benefits pursuant to the provisions of paragraph 1(d), he shall continue to be entitled to benefits under the legislation of that State; he shall lose all entitlement to benefits pursuant to the legislation of the competent State if he does not return there before the expiry of the said period. In exceptional cases, this period may be extended by the competent services or institutions.

4.   The arrangements for cooperation and mutual assistance between the institutions and services of the competent State and the State to which the person goes in order to seek work shall be laid down in the Implementing Regulation referred to in Article 72.

Article 52

Unemployed persons who, during their last employment, resided in a Member State other than the competent State

A person insured against unemployment who, during his last activity as an employed or self-employed person, resided in the territory of a Member State other than the competent State and who makes himself available to the employment services in the territory of the State in which he resides, shall receive the benefits provided by the competent istitution in accordance with the provisions of the legislation of the competent State as though he were available to the employment services of the said State.

CHAPTER 6

PRE-RETIREMENT

Article 53

Specific rule on aggregation of periods of insurance or employment

1.   The competent institution of a Member State whose legislation makes the acquisition, retention or recovery of the right to benefits conditional upon the completion of either periods of insurance or employment shall, to the extent necessary, take account of periods of insurance or employment completed under the legislation of any other Member State as though they were periods of insurance or employment completed under the legislation which it administers.

However, when the legislation applicable makes the right to benefits conditional on completion of periods of insurance, the periods of employment completed under the legislation of another Member State shall not be taken into account unless such periods would have been considered to be periods of insurance if they had been completed under the said legislation.

2.   Application of the provisions of the preceding paragraph shall be conditional on the person involved having completed ultimately:

| — | either periods of insurance; |
| --- | --- |

—

either periods of insurance;

| — | or periods of employment; |
| --- | --- |

—

or periods of employment;

in accordance with the provisions of the legislation under which the benefits are claimed.

CHAPTER 7

FAMILY BENEFITS, BENEFITS FOR DEPENDENT CHILDREN OF PENSIONERS AND FOR ORPHANS

Article 54

Priority rules in the event of overlapping of benefit entitlements

Where, during the same period and for the same family member, family benefits, benefits for orphans or for dependent children of pensioners are due from several Member States pursuant to their legislation or this Regulation, the competent institution of the Member State whose legislation lays down the highest amount of benefits shall grant all of the said amount. The cost shall be divided equally among the Member States concerned, by reimbursement among competent institutions to the limit of the amount laid down by the legislations which they administer.

Article 55

Provision of benefits — person actually maintaining the members of the family

If the family benefits, benefits for orphans or for dependent children of pensioners are not used for the maintenance of the members of the family by the person to whom they should be provided, the competent institution shall discharge its legal obligations by providing the said benefits to the natural or legal person actually maintaining the members of the family.

CHAPTER 8

SPECIAL BENEFITS

Article 56

1.   This
  Article shall apply to special non-contributory cash benefits which are provided under legislation which, because of its personal scope, objectives and/or conditions for entitlement, has characteristics both of the social security legislation referred to in Article 2(1) and of social assistance.

2.   
  For the purposes of applying this chapter, ‘special non-contributory cash benefits’ means those:

| a) | which are intended to provide either:








  i) | supplementary, substitute or ancillary cover against the risks covered by the branches of social security referred to in Article 2(1), and which guarantee to the persons concerned a minimum subsistence income having regard to the economic and social situation in the Member State concerned; or |
| --- | --- | --- |

a)

which are intended to provide either:

i)

supplementary, substitute or ancillary cover against the risks covered by the branches of social security referred to in Article 2(1), and which guarantee to the persons concerned a minimum subsistence income having regard to the economic and social situation in the Member State concerned; or

| ii) | solely specific protection for the disabled, closely linked to the said person's social environment in the Member State concerned, and |
| --- | --- |

ii)

solely specific protection for the disabled, closely linked to the said person's social environment in the Member State concerned, and

| b) | the financing of which exclusively derives from compulsory taxation intended to cover general public expenditure and the conditions for granting and for calculating the benefits are not dependent on any contribution in respect of the beneficiary. However, benefits granted to supplement a contributory benefit shall not be considered to be contributory benefits for this reason alone,



  and |
| --- | --- |

b)

the financing of which exclusively derives from compulsory taxation intended to cover general public expenditure and the conditions for granting and for calculating the benefits are not dependent on any contribution in respect of the beneficiary. However, benefits granted to supplement a contributory benefit shall not be considered to be contributory benefits for this reason alone,

| c) | which are listed in Annex I. |
| --- | --- |

c)

which are listed in Annex I.

3.   
  The provisions of Article 5 and of the other chapters of Title III shall not apply to the benefits referred to in paragraph 2.

4.   
  Persons to whom this Regulation applies shall be granted the benefits referred to in paragraph 2 exclusively in the territory of the Member State in which they reside, in accordance with the legislation of that State. Such benefits shall be granted by and at the expense of the institution of the place of residence.

TITLE IV

ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS

Article 57

Composition and working methods

1.   The Administrative Commission for the Coordination of Social Security Systems (hereinafter called ‘the Administrative Commission’) attached to the Commission shall be made up of a representative of each of the Member States, assisted, where necessary, by expert advisers. A representative of the Commission shall attend the meetings of the Administrative Commission in an advisory capacity.

2.   The rules of the Administrative Commission shall be drawn up by mutual agreement among its members.

3.   The secretarial services of the Administrative Commission shall be provided by the Commission.

Article 58

Tasks of the Administrative Commission

The Administrative Commission shall have the following duties:

| (a) | to deal with all administrative questions and questions of interpretation arising from the provisions of this Regulation and subsequent Regulations, or from any agreement or arrangement concluded thereunder, without prejudice to the right of the authorities, institutions and persons involved to have recourse to the procedures and tribunals provided for by the legislations of Member States, by this Regulation or by the Treaty; |
| --- | --- |

(a)

to deal with all administrative questions and questions of interpretation arising from the provisions of this Regulation and subsequent Regulations, or from any agreement or arrangement concluded thereunder, without prejudice to the right of the authorities, institutions and persons involved to have recourse to the procedures and tribunals provided for by the legislations of Member States, by this Regulation or by the Treaty;

| (b) | to foster and develop cooperation between Member States in social security matters; |
| --- | --- |

(b)

to foster and develop cooperation between Member States in social security matters;

| (c) | to foster institutional cooperation between Member States aimed at seeking solutions to specific problems concerning the social security of frontier workers, including those concerning their social security contributions and their entitlement to benefits and services; |
| --- | --- |

(c)

to foster institutional cooperation between Member States aimed at seeking solutions to specific problems concerning the social security of frontier workers, including those concerning their social security contributions and their entitlement to benefits and services;

| (d) | to find a solution in the event that the rights of a person or group of persons are affected by a persistent divergence of interpretation or application of this Regulation between two or more institutions concerned, where a solution has not been found in the framework of Article 60; |
| --- | --- |

(d)

to find a solution in the event that the rights of a person or group of persons are affected by a persistent divergence of interpretation or application of this Regulation between two or more institutions concerned, where a solution has not been found in the framework of Article 60;

| (e) | to put forward proposals to the Member States for preventing any adverse impact on frontier workers resulting from changes in the organisation and funding of social security schemes; |
| --- | --- |

(e)

to put forward proposals to the Member States for preventing any adverse impact on frontier workers resulting from changes in the organisation and funding of social security schemes;

| (f) | to modernise procedures for exchanging information, in particular by adapting the information flow between institutions for the purposes of telematic exchange, taking account of the development of data-processing in each Member State; the Administrative Commission shall adopt the common architecture rules for the telematic services, in particular on security and the use of standards; it shall lay down provisions for the operation of the common part of the telematic services; |
| --- | --- |

(f)

to modernise procedures for exchanging information, in particular by adapting the information flow between institutions for the purposes of telematic exchange, taking account of the development of data-processing in each Member State; the Administrative Commission shall adopt the common architecture rules for the telematic services, in particular on security and the use of standards; it shall lay down provisions for the operation of the common part of the telematic services;

| (g) | to undertake any other function coming within its competence under the provisions of this Regulation and the Implementing Regulation or any agreement or arrangement made thereunder; |
| --- | --- |

(g)

to undertake any other function coming within its competence under the provisions of this Regulation and the Implementing Regulation or any agreement or arrangement made thereunder;

| (h) | to make any proposals of use to the Commission for working out subsequent Regulations and for the revision of this and subsequent Regulations. |
| --- | --- |

(h)

to make any proposals of use to the Commission for working out subsequent Regulations and for the revision of this and subsequent Regulations.

Article 59

Technical Commission for Data-Processing

1.   A Technical Commission for Data-Processing (hereinafter called the ‘Technical Commission’) shall be attached to the Administrative Commission. The Technical Commission shall deliver reports and a reasoned opinion before decisions are taken by the Administrative Commission pursuant to Article 58(f). The working methods and the composition of the Technical Commission shall be determined by the Administrative Commission.

2.   The Technical Commission shall:

| a) | gather together the relevant technical documents and undertake the studies and work required to accomplish its tasks; |
| --- | --- |

a)

gather together the relevant technical documents and undertake the studies and work required to accomplish its tasks;

| b) | submit to the Administrative Commission the reports and reasoned opinions referred to in paragraph 1; |
| --- | --- |

b)

submit to the Administrative Commission the reports and reasoned opinions referred to in paragraph 1;

| c) | carry out all other tasks and studies on matters referred to it by the Administrative Commission. |
| --- | --- |

c)

carry out all other tasks and studies on matters referred to it by the Administrative Commission.

TITLE V

MISCELLANEOUS PROVISIONS

Article 60

Cooperation between competent authorities

1.   The competent authorities of Member States shall communicate to each other all information regarding:

| a) | measures taken to implement this Regulation; |
| --- | --- |

a)

measures taken to implement this Regulation;

| b) | changes in their legislation which are likely to affect the implementation of this Regulation; |
| --- | --- |

b)

changes in their legislation which are likely to affect the implementation of this Regulation;

| c) | proposed changes in their legislation affecting taxation, social protection, medical expenses and employment law that affect the social security entitlements of migrant workers and in particular of frontier workers. |
| --- | --- |

c)

proposed changes in their legislation affecting taxation, social protection, medical expenses and employment law that affect the social security entitlements of migrant workers and in particular of frontier workers.

2.
     
  In the event that problems occur for a person or group of persons which derive from the application of this Regulation, the institutions concerned shall contact each other in order to find a solution within a reasonable period of time.

3.   For application of this Regulation, the authorities and institutions of Member States shall lend their good offices and act as though implementing their own legislation. The administrative assistance furnished by the said autorities and institutions shall, as a rule, be free of charge. However, the competent authorities of the Member States may agree to certain expenses being reimbursed.

4.   The authorities and institutions of Member States may, for application of this Regulation, communicate directly with one another and with the persons involved or their representatives.

5.   The authorities, institutions and tribunals of one Member State may not reject applications or other documents submitted to them on the grounds that they are written in an official language of another Member State.

Article 61

Protection of personal data

1.   Where, under this Regulation or under the Implementing Regulation referred to in Article 72, the authorities or institutions of a Member State communicate personal data to the authorities or institutions of another Member State, such communication shall be subject to the legal provisions governing protection of data laid down by the Member State transmitting the data. Any subsequent communication as well as the storage, alteration and destruction of the data shall be subject to the provisions of the legislation on data protection of the receiving Member State.

2.   Transmission of data required to apply this Regulation and its Implementing Regulation by one Member State to another Member State must be effected in conformity with Community provisions governing protection of natural persons with regard to the processing of personal data.

Article 62

Data-processing

1.   The Member States shall progressively use telematic services for the electronic exchange between institutions of the data required to apply the Regulation and its Implementing Regulation. The purpose in utilising telematic services is to allow effective application of the Regulation and its Implementing Regulation, and to expedite the granting and payment of benefits. The Commission shall lend its support to activities of common interest as soon as the Member States have established such telematic services.

2.   Each Member State shall be responsible for managing its own part of the telematic services in accordance with the Community provisions on the protection of natural persons with regard to the processing of personal data.

3.   An electronic message sent by an institution in conformity with the provisions of this Regulation and the Implementing Regulation may not be rejected by any authority or institution of another Member State on the grounds that it was received by electronic means, once the receiving institution has declared its ability to receive electronic messages. Reproduction and recording of such messages shall be presumed to be a correct and accurate reproduction of the original document or representation of the information it relates to, unless there is proof to the contrary.

An electronic message shall be considered valid if the computer system on which the message is recorded contains the safeguards necessary in order to avoid any alteration, disclosure or access to the recording. It shall at any time be possible to reproduce the recorded information in an immediately readable form. When an electronic message is transferred from one social security institution to another, appropriate security measures shall be taken in accordance with the Community provisions governing protection of natural persons with regard to the processing of personal data.

Article 63

Funding of activities in the social security field

In connection with this Regulation, the Commission may fund:

| — | activities aimed at improving exchanges of information between the social security authorities and institutions of the Member States, including the electronic exchange of data; |
| --- | --- |

—

activities aimed at improving exchanges of information between the social security authorities and institutions of the Member States, including the electronic exchange of data;

| — | any other activity such as studies and meetings of experts as well as activities aimed at informing the citizens and professional groups concerned about the rights deriving from this Regulation, in particular by means of publications and organising conferences and seminars. |
| --- | --- |

—

any other activity such as studies and meetings of experts as well as activities aimed at informing the citizens and professional groups concerned about the rights deriving from this Regulation, in particular by means of publications and organising conferences and seminars.

Article 64

Exemptions from or reductions of taxes — Exemption from authentication

1.   Any exemption from or reduction of taxes, stamp duty, notarial or registration fees provided for in the legislation of one Member State in respect of certificates or documents required to be produced in application of the legislation of that State shall be extended to similar certificates or documents required to be produced in application of the legislation of another Member State or of this Regulation.

2.   All statements, documents and certificates of any kind whatsoever required to be produced in application of this Regulation shall be exempt from authentication by diplomatic or consular authorities.

Article 65

Claims, declarations or appeals submitted to an authority, institution or tribunal of a Member State other than the competent State

Any claim, declaration or appeal which should have been submitted, in application of the legislation of one Member State, within a specified period to an authority, institution or tribunal of that State shall be admissible if it is submitted within the same period to a corresponding authority, institution or tribunal of another Member State. In such a case the authority, institution, or tribunal receiving the claim, declaration or appeal shall forward it without delay to the competent authority, institution or tribunal of the former State either directly or through the competent authorities of the Member State concerned. The date on which such claims, declarations or appeals were submitted to the authority, institution or tribunal of the second State shall be considered as the date of their submission to the competent authority, institution or tribunal.

Article 66

Medical examinations

1.   Medical examinations provided for by the legislation of one Member State may be carried out at the request of the competent institution, in the territory of another Member State, by the institution of the place of stay or residence of the person entitled to benefits, under the conditions laid down in the Implementing Regulation referred to in Article 72 or, in default thereof, under the conditions agreed between the competent authorities of the Member States concerned.

2.   Medical examinations carried out under the conditions laid down in paragraph 1 shall be considered to have been carried out in the territory of the competent State.

Article 67

Transfers from one Member State to another of sums of money due pursuant to this Regulation

Where appropriate, money transfers effected in application of this Regulation shall be made in accordance with the relevant agreements in force between the Member States concerned at the time of transfer. Where no such agreements are in force between two Member States, the competent authorities of the said States or the authorities responsible for international payments shall, by mutual agreement, determine the measures necessary for effecting such transfers.

Article 68

Special provisions for implementing the legislations of certain Member States

Special provisions for implementing the legislations of certain Member States necessary to guarantee the rights deriving from this Regulation or which lay down more favourable rules for those concerned are referred to in Annex II.

Article 69

Collection of contributions and recovery of benefits provided but not due

1.   Collection of contributions due to an institution of one Member State and recovery of benefits provided by the institution of one Member State but not due may be effected in the territory of another Member State in accordance with the administrative procedure and with the guarantees and privileges applicable to the collection of contributions due to the corresponding institution of the latter State and the recovery of benefits provided by it but not due.

2.   Enforceable decisions of the judicial and administrative authorities relating to the collection of contributions, interest and fixed charges or to the recovery of benefits provided but not due pursuant to the legislation of a Member State against which there is no further appeal shall be enforced at the request of the competent institution in the territory of another Member State in accordance with the procedures laid down by the legislation of that latter State. Such decisions shall be declared enforceable in the territory of the Member State in which the institution addressed by the competent institution is situated insofar as the legislation of that Member State so requires.

3.   Claims of an institution of a Member State shall in enforcement, bankruptcy or settlement proceedings in the territory of another Member State enjoy the same privileges as the legislation of that latter Member State accords to claims of the same kind.

4.   The procedure for implementing the provisions of this Article shall be governed, where necessary, by the Implementing Regulation referred to in Article 72 or by means of agreements between Member States.

Article 70

Rights of institutions responsible for providing benefits against liable third parties

1.   If a person receives benefits pursuant to the legislation of one Member State in respect of an injury resulting from events occuring in the territory of another State, any rights of the institution responsible for providing benefits against a third party liable to provide compensation for the injury shall be governed by the following rules:

| a) | where the institution responsible for providing benefits is, pursuant to the legislation which it administers, subrogated to the rights which the beneficiary has against the third party, such subrogation shall be recognised by each Member State; |
| --- | --- |

a)

where the institution responsible for providing benefits is, pursuant to the legislation which it administers, subrogated to the rights which the beneficiary has against the third party, such subrogation shall be recognised by each Member State;

| b) | where the institution responsible for providing benefits has a direct right against the third party, each Member State shall recognise such rights. |
| --- | --- |

b)

where the institution responsible for providing benefits has a direct right against the third party, each Member State shall recognise such rights.

2.   If a person receives benefits pursuant to the legislation of one Member State in respect of an injury resulting from events occuring in the territory of another Member State, the provisions of the said legislation which determine in which cases the civil liability of employers or of the persons employed by them is to be excluded shall apply with regard to the said person or to the competent institution.

The provisions of paragraph 1 shall also apply to any rights of the institution responsible for providing benefit against an employer or the persons employed by him in cases where their liability is not excluded.

3.   Where, in accordance with the provisions of Article 27(2), two or more Member States or the competent authorities of those States have concluded an agreement to waive reimbursement between institutions under their jurisdiction, any rights arising against a liable third party shall be governed by the following rules:

| a) | where the institution of the Member State of stay or residence accords benefits to a person in respect of an injury sustained in its territory, that institution, in accordance with the provisions of the legislation which it administers, shall exercise the right to subrogation or direct action against the third party liable to provide compensation for the injury. |
| --- | --- |

a)

where the institution of the Member State of stay or residence accords benefits to a person in respect of an injury sustained in its territory, that institution, in accordance with the provisions of the legislation which it administers, shall exercise the right to subrogation or direct action against the third party liable to provide compensation for the injury.

| b) | for application of (a):






  i) | the person receiving benefits shall be deemed to be insured with the institution of the place of stay or residence, and |
| --- | --- | --- |

b)

for application of (a):

i)

the person receiving benefits shall be deemed to be insured with the institution of the place of stay or residence, and

| ii) | that institution shall be deemed to be the institution responsible for providing benefits. |
| --- | --- |

ii)

that institution shall be deemed to be the institution responsible for providing benefits.

| c) | the provisions of paragraphs 1 and 2 shall remain applicable in respect of any benefits not covered by the waiver agreement referred to in this paragraph. |
| --- | --- |

c)

the provisions of paragraphs 1 and 2 shall remain applicable in respect of any benefits not covered by the waiver agreement referred to in this paragraph.

TITLE VI

TRANSITIONAL AND FINAL PROVISIONS

Article 71

Transitional provisions

1.   No rights shall be acquired under this Regulation for any period prior to its date of application in the territory of the Member State concerned.

2.   Any period of insurance and, where appropriate, any period of employment or residence completed under the legislation of a Member State prior to the date of application of this Regulation in the territory of that Member State shall be taken into consideration for determination of rights acquired under the provisions of this Regulation.

3.   Subject to the provisions of paragraph 1, a right shall be acquired, under this Regulation, even if it relates to a contingency arising prior to its date of application in the territory of the Member State concerned.

4.   Any benefit which has not been awarded or which has been suspended by reason of the nationality or place of residence of the person involved shall, at the request of the person involved, be awarded or resumed with effect from the date of application of this Regulation in the territory of the Member State concerned, provided that the rights for which benefits were previously awarded have not given rise to a lump-sum payment.

5.   The rights of a person to whom a pension was awarded prior to the date of application of this Regulation in the territory of the Member State concerned may, at the request of the person involved, be reviewed, account being taken of the provisions of this Regulation.

6.   If a request referred to in paragraph 4 or 5 is submitted within two years from the date of application of this Regulation in the territory of the Member State concerned, the rights acquired pursuant to this Regulation shall have effect from that date, and the provisions of the legislation of any Member State concerning the forfeiture or lapse of rights may not be invoked against the persons involved.

7.   If a request referred to in paragraph 4 or 5 is submitted after the expiry of the two-year period following the date of application of this Regulation in the territory of the Member State concerned, rights not forfeited or not lapsed shall have effect from the date on which the request was submitted, subject to any more favourable provisions under the legislation of any Member State.

8.   If, through application of this Regulation, a person was subject to the legislation of a Member State other than the one to whose legislation he is subject pursuant to the provisions of Regulation (EEC) No 1408/71, such person shall not be subject to the legislation of that other Member State unless he so requests. Such request must be submitted to the competent institution of the Member State whose legislation is applicable pursuant to Regulation (EEC) No 1408/71 within two years from the date of application of this Regulation.

Article 72

Implementing Regulation

A subsequent Regulation shall lay down the procedure for implementing this Regulation. The said Implementing Regulation must be adopted no later than one year after adoption of this Regulation.

Article 73

Entry into force

This Regulation shall enter into force on the twentieth day after its publication in the Official Journal of the European Union. It shall apply from the date of entry into force of the Implementing Regulation mentioned in Article 72.

Article 52 shall, as far as Luxembourg is concerned, enter into force on the first day of the fifth year after the date of entry into force of this Regulation.

Article 74

Repeal

Regulation (EEC) No 1408/71 and Council Regulation (EEC) No 574/72 of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (5) are herewith repealed.

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 38, 12.2.1999, p. 10.

1

OJ C 38, 12.2.1999, p. 10.

(2)  
  OJ C 75, 15.3.2000, p. 29.

2

OJ C 75, 15.3.2000, p. 29.

(3)  Position of the European Parliament of 3 September 2003.

3

(4)  OJ L 149, 5.7.1971, p. 2. Regulation as updated by Regulation (EC) No 118/97 (OJ L 28, 30.1.1997, p. 1) and last amended by Regulation (EC) No 1386/2001 (OJ L 187, 10.7.2001, p. 1).

4

(5)  OJ L 74, 27.3.1972, p. 1.

5

ANNEX I

(Article 56)

Special benefits

A. Belgium

...

B. Denmark

...

C. Germany

...

D. Spain

...

E. France

...

F. Greece

...

G. Ireland

...

H. Italy

...

I. Luxembourg

...

J. Netherlands

...

K. Austria

...

L. Portugal

...

M. Finland

...

N. Sweden

...

O. United Kingdom

...

ANNEX II

(Article 68)

Special provisions for implementing the legislations of certain Member States

A. Belgium

...

B. Denmark

...

C. Germany

...

D. Spain

...

E. France

...

F. Greece

...

G. Ireland

...

H. Italy

...

I. Luxembourg

...

J. Netherlands

...

K. Austria

...

L. Portugal

...

M. Finland

...

N. Sweden

...

O. United Kingdom

...

P5_TA(2003)0366

DAPHNE II (2004-2008) ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council decision establishing a second phase of a programme of Community action (2004-2008) to prevent violence against children, young people and women and to protect victims and groups at-risk (the DAPHNE II programme) (COM(2003) 54 — C5-0060/2003 — 2003/0025(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 54) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 54) (1),

| — | having regard to its resolution of 4 September 2002 on the mid- term review of the Daphne programme (2000-2003) (2), |
| --- | --- |

—

having regard to its resolution of 4 September 2002 on the mid- term review of the Daphne programme (2000-2003) (2),

| — | having regard to Article 251(2) and Article 152 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0060/2003), |
| --- | --- |

—

having regard to Article 251(2) and Article 152 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0060/2003),

| — | 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 Women's Rights and Equal Opportunities and the opinions of the Committee on Budgets and the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs) (A5-0280/2003), |
| --- | --- |

—

having regard to the report of the Committee on Women's Rights and Equal Opportunities and the opinions of the Committee on Budgets and the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs) (A5-0280/2003),

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

1.

Approves the Commission proposal as amended;

| 2. | Considers that the financial statement of the Commission proposal as amended is only compatible with the ceiling of heading 3 of the Financial Perspective through a reprogramming of existing policies to be agreed by the budgetary authority within the revised ceiling; |
| --- | --- |

2.

Considers that the financial statement of the Commission proposal as amended is only compatible with the ceiling of heading 3 of the Financial Perspective through a reprogramming of existing policies to be agreed by the budgetary authority within the revised ceiling;

| 3. | Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text; |
| --- | --- |

3.

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

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

4.

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

---

(1)  Not yet published in OJ.

(2)  P5_TA(2002)0398.

P5_TC1-COD(2003)0025

Position of the European Parliament adopted at first reading on 3 September 2003 with a view to the adoption of European Parliament and Council Decision No .../2003/EC establishing a second phase of a programme of Community action (2004-2008) to prevent violence against children, young people and women and to protect victims and groups at-risk (the DAPHNE II programme)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 152 thereof,

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

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

Having regard to the opinion of the Committee of the Regions (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

| (1) | Physical, sexual and psychological violence against children, young people and women
  , including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life,
  constitute a breach of their right to life, safety, freedom, dignity and physical and emotional integrity and pose a serious threat to the physical and mental health of the victims of such violence. The effects of such violence are so widespread throughout the Community as to constitute a major health scourge and an obstacle to the enjoyment of safe, free and just citizenship. |
| --- | --- |

(1)

Physical, sexual and psychological violence against children, young people and women
  , including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life,
  constitute a breach of their right to life, safety, freedom, dignity and physical and emotional integrity and pose a serious threat to the physical and mental health of the victims of such violence. The effects of such violence are so widespread throughout the Community as to constitute a major health scourge and an obstacle to the enjoyment of safe, free and just citizenship.

| (2) | Some groups of women, such as women belonging to minority groups, refugee women, women migrants, women in poverty living in rural or remote communities, women in institutions or in detention, female children, lesbian women, women with disabilities, elderly women, are particularly vulnerable to violence. |
| --- | --- |

(2)

Some groups of women, such as women belonging to minority groups, refugee women, women migrants, women in poverty living in rural or remote communities, women in institutions or in detention, female children, lesbian women, women with disabilities, elderly women, are particularly vulnerable to violence.

| (3) | It is important
  and necessary
  to recognise the serious immediate and long-term implications of violence for health, psychological and social development, and for the equal opportunities of those concerned, for individuals, families and communities, and the high social and economic costs to society as a whole. |
| --- | --- |

(3)

It is important
  and necessary
  to recognise the serious immediate and long-term implications of violence for health, psychological and social development, and for the equal opportunities of those concerned, for individuals, families and communities, and the high social and economic costs to society as a whole.

| (4) | According to the World Health Organisation's definition, health is a state of complete physical, mental and social well being and not merely the absence of disease or infirmity. A World Health Assembly resolution (3) adopted at the 49th World Health Assembly in Geneva in 1996 declares that violence is a leading world-wide public health problem. The World report on violence and health presented by the World Health Organisation in Brussels on 3 October 2002 recommends to promote primary prevention responses, to strengthen responses for victims of violence and to increase collaboration and exchange of information on violence prevention. |
| --- | --- |

(4)

According to the World Health Organisation's definition, health is a state of complete physical, mental and social well being and not merely the absence of disease or infirmity. A World Health Assembly resolution (3) adopted at the 49th World Health Assembly in Geneva in 1996 declares that violence is a leading world-wide public health problem. The World report on violence and health presented by the World Health Organisation in Brussels on 3 October 2002 recommends to promote primary prevention responses, to strengthen responses for victims of violence and to increase collaboration and exchange of information on violence prevention.

| (5) | These principles are recognised in numerous conventions, declarations and protocols claimed by the main International Institutions such as the United Nations, the International Labour Organisation, the World Conference on Women and the World Congress against Commercial Sexual Exploitation of Children. This important work performed by international organisations should be complemented by that of the European Union. Indeed, Article 3(p) of the Treaty requires Community action to include a contribution to the attainment of a high level of health protection. |
| --- | --- |

(5)

These principles are recognised in numerous conventions, declarations and protocols claimed by the main International Institutions such as the United Nations, the International Labour Organisation, the World Conference on Women and the World Congress against Commercial Sexual Exploitation of Children. This important work performed by international organisations should be complemented by that of the European Union. Indeed, Article 3(p) of the Treaty requires Community action to include a contribution to the attainment of a high level of health protection.

| (6) | The Charter of Fundamental Rights of the European Union (4) reaffirms inter alia the rights to dignity, equality and solidarity. It includes a number of specific provisions to protect and promote the physical and mental integrity, equal treatment for men and women, the rights of the child and non-discrimination, as well as to prohibit inhuman or degrading treatment, slavery and forced labour, and child labour. |
| --- | --- |

(6)

The Charter of Fundamental Rights of the European Union (4) reaffirms inter alia the rights to dignity, equality and solidarity. It includes a number of specific provisions to protect and promote the physical and mental integrity, equal treatment for men and women, the rights of the child and non-discrimination, as well as to prohibit inhuman or degrading treatment, slavery and forced labour, and child labour.

| (7) | The Commission has been called upon to draw up and implement action programmes to combat such violence by the European Parliament, inter alia in its resolutions of 19 May 2000 on the Commission's communication entitled ‘Further actions in the fight against trafficking in women’ (5), and of 20 September 2001 on female genital mutilation (6). |
| --- | --- |

(7)

The Commission has been called upon to draw up and implement action programmes to combat such violence by the European Parliament, inter alia in its resolutions of 19 May 2000 on the Commission's communication entitled ‘Further actions in the fight against trafficking in women’ (5), and of 20 September 2001 on female genital mutilation (6).

| (8) | The action programme set up by Decision No 293/2000/EC of the European Parliament and of the Council of 24 January 2000 adopting a programme of Community action (the Daphne programme) (2000 to 2003) on preventive measures to fight violence against children, young people and women (7), has helped increase awareness within the European Union and increase and consolidate co-operation between organisations in the Member States active in combating violence. |
| --- | --- |

(8)

The action programme set up by Decision No 293/2000/EC of the European Parliament and of the Council of 24 January 2000 adopting a programme of Community action (the Daphne programme) (2000 to 2003) on preventive measures to fight violence against children, young people and women (7), has helped increase awareness within the European Union and increase and consolidate co-operation between organisations in the Member States active in combating violence.

| (9) | The Daphne programme (2000-2003) has received an overwhelming response and clearly meets a deeply felt need within the voluntary sector. The funded projects have already started to have multiplying effects on activities by non governmental organisations and institutions in Europe. During its first phase, this programme has already substantially contributed to the development of EU policy on violence, trafficking, sexual abuse and pornography, with implications well beyond the boundaries of the European Union, as mentioned in the mid-term report of the Daphne programme. |
| --- | --- |

(9)

The Daphne programme (2000-2003) has received an overwhelming response and clearly meets a deeply felt need within the voluntary sector. The funded projects have already started to have multiplying effects on activities by non governmental organisations and institutions in Europe. During its first phase, this programme has already substantially contributed to the development of EU policy on violence, trafficking, sexual abuse and pornography, with implications well beyond the boundaries of the European Union, as mentioned in the mid-term report of the Daphne programme.

| (10) | The programme will pay attention to the situation of street children — a situation which is becoming dramatic not only in the developing countries, but also in the cities of the applicant countries, as street children are not only victims of traffickers in drugs and human beings, but also suffer violence and sexual abuse. If these children are to be reintegrated into society, a programme is needed which provides answers to social and family problems and takes account of these children's needs. |
| --- | --- |

(10)

The programme will pay attention to the situation of street children — a situation which is becoming dramatic not only in the developing countries, but also in the cities of the applicant countries, as street children are not only victims of traffickers in drugs and human beings, but also suffer violence and sexual abuse. If these children are to be reintegrated into society, a programme is needed which provides answers to social and family problems and takes account of these children's needs.

| (11) | In its resolution of 4 September 2002 on the mid-term review of the 2000-2003 Daphne programme, the European Parliament stresses that the Daphne programme meets a basic need for effective strategies to combat violence and that it must continue beyond 2003, and calls on the Commission to submit a proposal for a new action programme which incorporates all experience acquired since 1997 and which is allocated appropriate funding. |
| --- | --- |

(11)

In its resolution of 4 September 2002 on the mid-term review of the 2000-2003 Daphne programme, the European Parliament stresses that the Daphne programme meets a basic need for effective strategies to combat violence and that it must continue beyond 2003, and calls on the Commission to submit a proposal for a new action programme which incorporates all experience acquired since 1997 and which is allocated appropriate funding.

| (12) | It is desirable to ensure continuity for the projects supported by the Daphne programme (2000-2003), to carry on building on the experiences gained and to provide opportunities for ongoing European added value stemming from these experiences and, to this end to renew the programme for a second phase. |
| --- | --- |

(12)

It is desirable to ensure continuity for the projects supported by the Daphne programme (2000-2003), to carry on building on the experiences gained and to provide opportunities for ongoing European added value stemming from these experiences and, to this end to renew the programme for a second phase.

| (13) | The Community can provide added value to the actions
  predominantly to be undertaken by
  Member States concerning the prevention of violence, abuse and sexual exploitation perpetrated against women, young people and children and the protection of victims and groups at risk through the dissemination and exchange of information and experience, the promotion of an innovative approach, the joint establishment of priorities, the development of networking as appropriate, the selection of Community-wide projects and the motivation and mobilisation of all parties concerned.
  This shall also encompass women and children brought to the Member States through human trafficking. The Community
  can also identify and stimulate good practice. |
| --- | --- |

(13)

The Community can provide added value to the actions
  predominantly to be undertaken by
  Member States concerning the prevention of violence, abuse and sexual exploitation perpetrated against women, young people and children and the protection of victims and groups at risk through the dissemination and exchange of information and experience, the promotion of an innovative approach, the joint establishment of priorities, the development of networking as appropriate, the selection of Community-wide projects and the motivation and mobilisation of all parties concerned.
  This shall also encompass women and children brought to the Member States through human trafficking. The Community
  can also identify and stimulate good practice.

| (14) | This programme can bring added value by identifying and stimulating good practice, by encouraging innovation and by exchanging relevant experience of actions undertaken in the Member States, including an exchange of information relating to the various laws
  , sanctions
  and the results achieved. In order to achieve the objectives of the programme and use the resources available in the most efficient way, the areas in which work is to be done must be carefully chosen by selecting projects which offer a greater Community added value and show the way towards trying out and disseminating innovative ideas to prevent and
  combat
  violence, in the context of a multidisciplinary approach. |
| --- | --- |

(14)

This programme can bring added value by identifying and stimulating good practice, by encouraging innovation and by exchanging relevant experience of actions undertaken in the Member States, including an exchange of information relating to the various laws
  , sanctions
  and the results achieved. In order to achieve the objectives of the programme and use the resources available in the most efficient way, the areas in which work is to be done must be carefully chosen by selecting projects which offer a greater Community added value and show the way towards trying out and disseminating innovative ideas to prevent and
  combat
  violence, in the context of a multidisciplinary approach.

| (15) | Therefore, in accordance with the principles of subsidiarity and proportionality as set out in Article 5 of the Treaty, the objectives of the proposed action (to prevent and combat all forms of violence against children, young people and women) can be better achieved by the Community, due to the need of a co-ordinated and multidisciplinary approach favouring the setting up of transnational frameworks for training, information, study and exchange of good practice, and the selection of Community-wide projects. This Decision confines itself to the minimum required in order to achieve those objectives and does not go beyond what is necessary for that purpose. |
| --- | --- |

(15)

Therefore, in accordance with the principles of subsidiarity and proportionality as set out in Article 5 of the Treaty, the objectives of the proposed action (to prevent and combat all forms of violence against children, young people and women) can be better achieved by the Community, due to the need of a co-ordinated and multidisciplinary approach favouring the setting up of transnational frameworks for training, information, study and exchange of good practice, and the selection of Community-wide projects. This Decision confines itself to the minimum required in order to achieve those objectives and does not go beyond what is necessary for that purpose.

| (16) | This phase of the programme should be of a five-year duration in order to allow sufficient time for actions to be implemented to achieve the objectives set and for lessons and experience to be collated and integrated in good practice across the European Union. |
| --- | --- |

(16)

This phase of the programme should be of a five-year duration in order to allow sufficient time for actions to be implemented to achieve the objectives set and for lessons and experience to be collated and integrated in good practice across the European Union.

| (17) | In accordance with Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (8), measures for the implementation of this Decision should be adopted by use of the advisory procedure provided for in Article 3 of that Decision. |
| --- | --- |

(17)

In accordance with Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (8), measures for the implementation of this Decision should be adopted by use of the advisory procedure provided for in Article 3 of that Decision.

| (18) | This Decision establishes a financial framework for the entire duration of the programme which is to be the principal point of reference for the budgetary authority, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (9). |
| --- | --- |

(18)

This Decision establishes a financial framework for the entire duration of the programme which is to be the principal point of reference for the budgetary authority, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure (9).

HAVE DECIDED AS FOLLOWS:

Article 1

Subject matter and scope

The second phase of the Daphne programme to prevent all forms of violence against children, young people and women and to protect victims and groups at risk (‘the programme’) is hereby established for the period 1 January 2004 to 31 December 2008; it may be extended.

For the purposes of this programme, ‘children’ shall include adolescents up to the age of 18 years, in accordance with international instruments relating to the rights of the child.

However, projects with activities particularly designed for beneficiary groups such as, for example, ‘teenagers’ (13-19 years old) or people 12-25 years old, will be considered as targeting the category of so-called ‘young people’.

Article 2

Programme objectives

1.   The programme shall contribute to the general objective of providing citizens with a high level of protection from violence, including protection of physical and mental health.

The aim of the programme shall be to prevent and combat all forms of violence
  occurring in the public or the private domain,
  against children, young
  people, women — including those brought to the Member States through human trafficking — and victims of female genital mutilation,
  by taking preventive measures and by providing support for victims, including in particular the prevention of future exposure to violence, and to assist and encourage non-governmental organisations and other organisations active in this field.

2.   The actions to be implemented under the programme, as set out in the Annex, are intended:

| a) | to promote transnational actions:






  i) | to set up multidisciplinary networks, particularly in support of victims of violence and groups at risk; |
| --- | --- | --- |

a)

to promote transnational actions:

i)

to set up multidisciplinary networks, particularly in support of victims of violence and groups at risk;

| ii) | to ensure the expansion of the knowledge base, the exchange of information and the identification and dissemination of good practice, including through training, study visits and staff exchange; |
| --- | --- |

ii)

to ensure the expansion of the knowledge base, the exchange of information and the identification and dissemination of good practice, including through training, study visits and staff exchange;

| iii) | to raise awareness among targeted audiences such as specific professions, competent authorities and identified sectors of the general public with a view both to improving understanding and promoting the adoption of zero tolerance towards violence and to encouraging support for victims and the reporting of incidences of violence to the appropriate authorities; |
| --- | --- |

iii)

to raise awareness among targeted audiences such as specific professions, competent authorities and identified sectors of the general public with a view both to improving understanding and promoting the adoption of zero tolerance towards violence and to encouraging support for victims and the reporting of incidences of violence to the appropriate authorities;

| iv) | to study phenomena related to violence
  and possible methods of preventing it
  ,
  and
  to explore and address the root causes of violence at all levels of society; |
| --- | --- |

iv)

to study phenomena related to violence
  and possible methods of preventing it
  ,
  and
  to explore and address the root causes of violence at all levels of society;

| b) | to implement complementary actions, on the initiative of the Commission, such as studies, the formulation of indicators, data gathering,
  statistics broken down by gender and by age,
  seminars, and meetings of experts or other activities to reinforce the programme's knowledge base and to disseminate the information obtained under the programme. |
| --- | --- |

b)

to implement complementary actions, on the initiative of the Commission, such as studies, the formulation of indicators, data gathering,
  statistics broken down by gender and by age,
  seminars, and meetings of experts or other activities to reinforce the programme's knowledge base and to disseminate the information obtained under the programme.

Article 3

Access to the programme

1.   The programme shall be open to participation by public or private organisations and institutions (local authorities at municipal level, university departments and research centres) working to prevent violence against children, young people and women or to protect against such violence or to provide support for victims
  or contributing to raise awareness on the issue of violence against children, young people and women
  .

2.   The programme shall be open to the participation of:

| a) | the EEA countries, in accordance with the conditions established in the EEA Agreement, |
| --- | --- |

a)

the EEA countries, in accordance with the conditions established in the EEA Agreement,

| b) | the associated central and eastern European countries, in accordance with the conditions established in the European Agreements, in their additional protocols and in the decisions of the respective Association Councils, |
| --- | --- |

b)

the associated central and eastern European countries, in accordance with the conditions established in the European Agreements, in their additional protocols and in the decisions of the respective Association Councils,

| (c) | Cyprus, Malta and Turkey on the basis of bilateral agreements to be concluded with these countries, |
| --- | --- |

(c)

Cyprus, Malta and Turkey on the basis of bilateral agreements to be concluded with these countries,

| (d) | Other third countries, when this serves the aims of the projects, in particular Eastern European and Central Asian countries, in accordance with their Partnership and Cooperation Agreements, and ACP and Mediterranean countries, in the framework of their respective agreements. |
| --- | --- |

(d)

Other third countries, when this serves the aims of the projects, in particular Eastern European and Central Asian countries, in accordance with their Partnership and Cooperation Agreements, and ACP and Mediterranean countries, in the framework of their respective agreements.

3.   To be eligible for funding under the programme, projects shall involve at least two Member States, have a maximum duration of two years and be geared to the objectives set out in Article 2.

4.   
  The Commission shall endeavour to ensure the participation of all countries to which the programme is open, and in particular encourage the participation of NGOs, notably self-help groups.

Article 4

Activities under the programme

1.
     The programme shall comprise the following types of activities:

| a) | identification and exchanges of good practice and work experience
  with a view, in particular, to implementing preventive measures and assistance for victims
  ; |
| --- | --- |

a)

identification and exchanges of good practice and work experience
  with a view, in particular, to implementing preventive measures and assistance for victims
  ;

| b) | mapping surveys, studies and research; |
| --- | --- |

b)

mapping surveys, studies and research;

| c) | field work with the involvement of the beneficiaries, particularly children and youth, in all phases of project design, implementation and evaluation; |
| --- | --- |

c)

field work with the involvement of the beneficiaries, particularly children and youth, in all phases of project design, implementation and evaluation;

| d) | creation of sustainable multidisciplinary networks; |
| --- | --- |

d)

creation of sustainable multidisciplinary networks;

| e) | training and design of educational packages
  together with the associations involved in the fight against violence and in victim support
  ; |
| --- | --- |

e)

training and design of educational packages
  together with the associations involved in the fight against violence and in victim support
  ;

| f) | development and implementation of treatment programmes for aggressors, on the one side, and for victims
  and potential victims
  on the other side; |
| --- | --- |

f)

development and implementation of treatment programmes for aggressors, on the one side, and for victims
  and potential victims
  on the other side;

| g) | development and implementation of awareness-raising activities targeted to specific audiences, design of materials to supplement those already available, or adaptation and use of existing materials in other geographical areas or for other target groups
  together with the associations involved in the fight against violence and in victim support
  ; |
| --- | --- |

g)

development and implementation of awareness-raising activities targeted to specific audiences, design of materials to supplement those already available, or adaptation and use of existing materials in other geographical areas or for other target groups
  together with the associations involved in the fight against violence and in victim support
  ;

| h) | dissemination of the results obtained under the Daphne programme including their adaptation, transfer and use by other beneficiaries or in other geographical areas. |
| --- | --- |

h)

dissemination of the results obtained under the Daphne programme including their adaptation, transfer and use by other beneficiaries or in other geographical areas.

2.
     
  Any product (study, material, educational package etc.) financed or co-financed by this programme shall be electronically available to the public free of charge.

Article 5

Budget

1.   The financial framework for the implementation of the programme for the period 2004 to 2008 is hereby set at
  EUR 50 million
  .
  The commitment appropriations scheduled after the year 2006 are subject to an agreement of the budgetary authority on the financial perspective beyond 2006.

2.   The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.

3.   Funding decisions shall be followed by grant agreements between the Commission and the beneficiaries of the grant.

4.   The proportion of financial support from the Community budget shall not exceed 80 % of the total cost of the project.

However, the complementary actions referred to in Article 2(2b) may be financed up to 100 %, subject to a ceiling of 15 % of the programme's total annual financial allocation.

Article 6

Implementation of the programme

1.   The Commission shall be responsible for the management and implementation of the programme.

2.   The Commission shall ensure a balanced approach, in respect of the three target groups, namely children, young people
  — particularly girls —
  and women, with regard to the implementation of the programme.

3.   The Commission shall ensure a balanced approach, in terms of project scale, by reserving a share of the annual budget for large-scale projects, enabling wider partnerships to implement extended activities.

4.   The measures necessary for the implementation of this Decision shall be adopted in accordance with the advisory procedure set out in Article 7(2).

Article 7

Committee

1.   The Commission shall be assisted by a
  gender-balanced
  Committee, composed of representatives of the Member States and chaired by the representative of the Commission .

2.   Where reference is made to this paragraph, the advisory procedure laid down in Article 3 of Decision 1999/468/EC shall apply, having regard to Article 7(3) and Article 8 thereof.

Article 8

Consistency and complementarity

In the implementation of the programme, the Commission shall, in cooperation with the Member States, ensure the overall consistency and complementarity with relevant Community policies, instruments and actions having an impact on the field of violence against children, young people and women. This could involve the possibility of including complementary projects financed through other Community programmes.

Article 9

Monitoring and evaluation

1.   The Commission shall take all the measures necessary to ensure the monitoring and continuous evaluation of the programme taking account of the general and specific objectives set out in Article 1 and in the Annex.

2.   At mid-term
  and by mid-2006 at the latest,
  the Commission shall present an evaluation report to the European Parliament and to the Council, assessing the relevance, utility, sustainability, effectiveness and efficiency of the Daphne II activities achieved so far. This report will include an ex-ante evaluation in order to support possible future action.

Moreover, in parallel to the presentation of the preliminary draft budget, the Commission shall forward to the budgetary authority an output of the qualitative and quantitative evaluation resulting from the comparison between the annual implementation plan and the performance progress.

3.
     
  The European Parliament may, if needed, request from the Commission a report on the work achieved by funded projects and the complementary actions, in particular those actions to extract and deduce policy issues, as a useful informative tool to evaluate the need for political action.

4.   On completion of the programme, the Commission shall submit a final report to the European Parliament and to the Council.

5.   The reports referred to under paragraphs 2 and 4 of this article will also be sent to the European Economic and Social Committee and to the Committee of the Regions.

Article 10

Entry into force

This Decision shall enter into force on the 20th day following the date of its publication in the Official Journal of the European Union.

Done at ...,

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C ...

1

(2)  Position of the European Parliament of 3 September 2003.

2

Position of the European Parliament of 3 September 2003.

(3)  Resolution WHA49.25.

3

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

4

(5)  OJ C 59, 23.2.2001, p. 307.

5

(6)  OJ C 77 E, 28.3.2002, p. 126
  .

6

126

(7)  OJ L 34, 9.2.2000, p. 1.

7

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

8

(9)  OJ C 172, 18.6.1999, p. 1.

9

ANNEX

SPECIFIC OBJECTIVES AND ACTIONS

I.   TRANSNATIONAL ACTIONS:

1.   Identification and exchange of good practice and experience

Objective: to support and encourage the exchange, adaptation and use of good practice for application in other contexts or geographical areas.

To stimulate and promote the exchange of good practice at Community level on support for and protection of children, young people and women — victims or groups at risk — with special emphasis on the following areas:

| a) | prevention (general or targeting specific groups); |
| --- | --- |

a)

prevention (general or targeting specific groups);

| b) | protection and support to victims (psychological
  ,
  medical
  , social, educational and legal
  assistance,
  the provision of accomodation, the removal and protection of victims,
  training and reintegration into the social and working life); |
| --- | --- |

b)

protection and support to victims (psychological
  ,
  medical
  , social, educational and legal
  assistance,
  the provision of accomodation, the removal and protection of victims,
  training and reintegration into the social and working life);

| c) | procedures to protect the best interests of children, young people and women who are the victims of violence; |
| --- | --- |

c)

procedures to protect the best interests of children, young people and women who are the victims of violence;

| d) | measurement of the real impact of the different types of violence on victims and society within Europe, in order to establish an appropriate response |
| --- | --- |

d)

measurement of the real impact of the different types of violence on victims and society within Europe, in order to establish an appropriate response

2.   Mapping surveys, studies and research

Objective: to study phenomena related to violence.

To support research activities,
  gender- and age-based
  studies and mapping surveys in the field of violence, in order, inter alia:

| a) | to explore and assess the various causes, circumstances and mechanisms of the emergence and growth of violence; |
| --- | --- |

a)

to explore and assess the various causes, circumstances and mechanisms of the emergence and growth of violence;

| b) | to analyse and compare existing prevention and protection models; |
| --- | --- |

b)

to analyse and compare existing prevention and protection models;

| c) | to develop prevention and protection practice; |
| --- | --- |

c)

to develop prevention and protection practice;

| d) | to assess the impact of violence, also in terms of health, both on victims and on society as a whole, including the economic costs; |
| --- | --- |

d)

to assess the impact of violence, also in terms of health, both on victims and on society as a whole, including the economic costs;

| e) | to study the scope for developing filters which prevent the forwarding of child pornography material via the Internet; |
| --- | --- |

e)

to study the scope for developing filters which prevent the forwarding of child pornography material via the Internet;

| f) | to develop programmes to study the situation of street children in cities and encourage specific reintegration measures. |
| --- | --- |

f)

to develop programmes to study the situation of street children in cities and encourage specific reintegration measures.

3.   Field work with the involvement of the beneficiaries

Objective: to actively implement proven methods in the prevention and protection from violence.

To support the implementation of methods, training modules and assistance (psychological, medical,
  social, educational,
  legal, reintegration) directly involving the beneficiaries.

4.   Creation of sustainable multidisciplinary networks

Objective: to support and encourage both non-governmental organisations (NGOs) and other organisations, including local public authorities (at municipal level) active in the fight against violence, to work together.

To support the establishment and strengthening of multidisciplinary networks and to encourage and support co-operation between NGOs and the various organisations and public bodies, in order to improve the level of knowledge and understanding of one another's roles and to provide comprehensive multidisciplinary support to victims of violence and to those at risk.

The networks will, in particular, carry out activities to address the problems of violence geared to:

| a) | producing a common framework for the analysis of violence, including the definition of different types of violence, the causes of violence and all its consequences, and for the implementation of appropriate multi-sector responses; |
| --- | --- |

a)

producing a common framework for the analysis of violence, including the definition of different types of violence, the causes of violence and all its consequences, and for the implementation of appropriate multi-sector responses;

| b) | assessing the types and effectiveness of measures and practices for the prevention and detection of violence, and for the provision of support for victims of violence, in particular to ensure that they are never again exposed to violence; |
| --- | --- |

b)

assessing the types and effectiveness of measures and practices for the prevention and detection of violence, and for the provision of support for victims of violence, in particular to ensure that they are never again exposed to violence;

| c) | promoting activities to tackle this problem at both international and national level. |
| --- | --- |

c)

promoting activities to tackle this problem at both international and national level.

5.   Training and design of educational packages

Objective: to develop educational packages on the prevention of violence.

To design and test educational packages on the prevention of violence against children, young people and women, as well as on conflict management, for use in schools
  ,
  adult educational institutions,
  associations, undertakings, public institutions and NGOs.

6.   development and implementation of treatment programmes

Objective: to develop and implement treatments for aggressors, on the one side, and for victims and
  potential victims
  on the other, with the aim of preventing violence.

To detect the possible causes, circumstances and mechanisms of the emergence and growth of violence including the nature and motivation of perpetrators of violence and exploiters of commercial violence such as sexual exploitation.

To develop, test and implement treatments based on the above findings.

7.   Awareness-raising activities targeted to specific audiences

Objective: to raise awareness and the level of understanding of violence and the prevention of violence against children, young people and women with the aim of promoting zero tolerance of violence, the provision of support to victims and groups at risk, and the reporting of incidences of violence.

The following types of actions, amongst others, are eligible for support:

| a) | development and implementation of information and awareness-raising activities aimed at children, young people and women, in particular on the potential risks of violence and ways of avoiding them; other publics to be targeted could also include specific professions such as teachers, educators, medical doctors, social workers, lawyers, police authorities,
  the media
  , etc; |
| --- | --- |

a)

development and implementation of information and awareness-raising activities aimed at children, young people and women, in particular on the potential risks of violence and ways of avoiding them; other publics to be targeted could also include specific professions such as teachers, educators, medical doctors, social workers, lawyers, police authorities,
  the media
  , etc;

| b) | development of Community-wide information sources to assist and inform NGOs and public bodies about publicly available information relevant to the field of violence, the means of preventing it and the rehabilitation of victims, compiled by governmental, non-governmental, academic and other sources; this should enable information to be integrated into all the relevant information systems; |
| --- | --- |

b)

development of Community-wide information sources to assist and inform NGOs and public bodies about publicly available information relevant to the field of violence, the means of preventing it and the rehabilitation of victims, compiled by governmental, non-governmental, academic and other sources; this should enable information to be integrated into all the relevant information systems;

| c) | encouragement of the introduction of measures to increase reporting to the authorities of violence against women, children and young people and different forms of trade in women and children for sexual exploitation; |
| --- | --- |

c)

encouragement of the introduction of measures to increase reporting to the authorities of violence against women, children and young people and different forms of trade in women and children for sexual exploitation;

| d) | promotion of publicity campaigns, using the mass media, focusing on the condemnation of violence and the provision of support for victims in the form of psychological, moral and practical assistance. |
| --- | --- |

d)

promotion of publicity campaigns, using the mass media, focusing on the condemnation of violence and the provision of support for victims in the form of psychological, moral and practical assistance.

The design of materials to supplement those already available, or their adaptation for use in other geographical areas or for other target groups will be encouraged.

II.   COMPLEMENTARY ACTIONS

In order to ensure that all areas of the programme are fully covered, even in the absence of proposals — or suitable proposals — for a given area, the Commission will carry out more proactive activities to fill any gaps.

Consequently, the programme will finance complementary actions, on the Commission's initiative, in the following areas, inter alia:

| a) | the development of
  indicators on violence, so that the quantified impact of policies and projects can be measured.
  This should be based on existing experience and strengthened by means of a permanent monitoring mechanism to record progress and identify gaps relating to all forms of violence against women; |
| --- | --- |

a)

the development of
  indicators on violence, so that the quantified impact of policies and projects can be measured.
  This should be based on existing experience and strengthened by means of a permanent monitoring mechanism to record progress and identify gaps relating to all forms of violence against women;

| b) | the establishment of a procedure for regular and sustainable data collection, preferably with the assistance of Eurostat, in order to be able to quantify violence in the Union more accurately; |
| --- | --- |

b)

the establishment of a procedure for regular and sustainable data collection, preferably with the assistance of Eurostat, in order to be able to quantify violence in the Union more accurately;

| c) | the setting up, in conjunction with Interpol and Europol, of a European database for missing persons which would include specifically recorded details of missing persons believed to be the victims of traffickers; |
| --- | --- |

c)

the setting up, in conjunction with Interpol and Europol, of a European database for missing persons which would include specifically recorded details of missing persons believed to be the victims of traffickers;

| d) | the extraction and deduction of
  policy issues, wherever possible, from the work achieved by funded projects, with the aim of suggesting common policies on violence at Community level and reinforcing judicial practice; |
| --- | --- |

d)

the extraction and deduction of
  policy issues, wherever possible, from the work achieved by funded projects, with the aim of suggesting common policies on violence at Community level and reinforcing judicial practice;

| e) | the establishment of a think-tank to provide guidelines and orientations to the Commission on the social, cultural and political context in order to facilitate the priorities for the selection of projects and complementary actions. The think-tank would be composed of representatives of the European Parliament's competent committee and include representatives of major non-governmental organisations in the field of violence; |
| --- | --- |

e)

the establishment of a think-tank to provide guidelines and orientations to the Commission on the social, cultural and political context in order to facilitate the priorities for the selection of projects and complementary actions. The think-tank would be composed of representatives of the European Parliament's competent committee and include representatives of major non-governmental organisations in the field of violence;

| f) | the analysis/evaluation of the projects financed in order to prepare for a European year against violence; |
| --- | --- |

f)

the analysis/evaluation of the projects financed in order to prepare for a European year against violence;

| g) | to dissemination, on a Europe-wide scale, of good practices stemming from funded projects; this can be achieved by various means:






  1) | producing and distributing written material, CD-ROMs, video
  films, Internet
  sites
  , and introducing campaigns and television advertising
  ; |
| --- | --- | --- |

g)

to dissemination, on a Europe-wide scale, of good practices stemming from funded projects; this can be achieved by various means:

1)

producing and distributing written material, CD-ROMs, video
  films, Internet
  sites
  , and introducing campaigns and television advertising
  ;

| (2) | cooperating as closely as possible with the mass media; |
| --- | --- |

(2)

cooperating as closely as possible with the mass media;

| (3) | seconding or organising exchanges of experienced staff from one organisation to another, in order to assist with the implementation of new solutions or practices that have proven to be effective elsewhere; |
| --- | --- |

(3)

seconding or organising exchanges of experienced staff from one organisation to another, in order to assist with the implementation of new solutions or practices that have proven to be effective elsewhere;

| (4) | enabling a single NGO to use, adapt or transfer Daphne results to another Union area or another category of beneficiary; |
| --- | --- |

(4)

enabling a single NGO to use, adapt or transfer Daphne results to another Union area or another category of beneficiary;

| (5) | establishing a help-desk to assist non-governmental organisations, especially from the new Member States, to elaborate their projects, to liaise with other partners and to use and benefit from the Daphne acquis; |
| --- | --- |

(5)

establishing a help-desk to assist non-governmental organisations, especially from the new Member States, to elaborate their projects, to liaise with other partners and to use and benefit from the Daphne acquis;

| h) | the carrying out of feasibility studies and surveys with a view to initiating a European year of action against violence; |
| --- | --- |

h)

the carrying out of feasibility studies and surveys with a view to initiating a European year of action against violence;

| i) | the organisation of seminars for all stakeholders involved in funded projects in order to improve management and networking capability and to support information exchange; |
| --- | --- |

i)

the organisation of seminars for all stakeholders involved in funded projects in order to improve management and networking capability and to support information exchange;

| j) | the carrying out of studies and the organisation of meetings of experts and seminars directly connected with the realisation of the action of which they form an integral part. |
| --- | --- |

j)

the carrying out of studies and the organisation of meetings of experts and seminars directly connected with the realisation of the action of which they form an integral part.

In addition, the Commission may have recourse, in carrying out the programme, to technical assistance organisations, the financing of which will be provided for within the overall financial framework and, under the same conditions, to experts.

P5_TA(2003)0367

Economic accounts for agriculture ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council regulation on the economic accounts for agriculture in the Community (COM(2003) 50 — C5-0020/2003 — 2003/0023(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 50) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 50) (1),

| — | having regard to Article 251(2) and Article 285 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0020/2003), |
| --- | --- |

—

having regard to Article 251(2) and Article 285 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0020/2003),

| — | 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 Agriculture and Rural Development and the opinion of the Committee on Economic and Monetary Affairs (A5-0268/2003), |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on Economic and Monetary Affairs (A5-0268/2003),

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

1.

Approves the Commission proposal;

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

2.

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

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

3.

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

---

(1)  Not yet published in OJ.

P5_TA(2003)0368

Legal bases and compliance with Community law

European Parliament resolution on legal bases and compliance with Community law (2001/2151(INI))

The European Parliament,

| — | 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 Legal Affairs and the Internal Market (A5-0180/2003), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0180/2003),

| A. | having regard to the various legislative proposals put forward by the Commission, in particular the proposals for directives of the European Parliament and of the Council on the protection of the environment through criminal law (1), on the criminal-law protection of the Community's financial interests (2), on measures and procedures to ensure the enforcement of intellectual property rights (COM(2003) 46), on ship-source pollution and on the introduction of sanctions, including criminal sanctions, for pollution offences (COM(2003) 92) and the proposal for a regulation of the European Parliament and of the Council on official feed and food controls (COM(2003) 52), seeking to ensure greater compliance with Community legislation through recourse to criminal law, |
| --- | --- |

A.

having regard to the various legislative proposals put forward by the Commission, in particular the proposals for directives of the European Parliament and of the Council on the protection of the environment through criminal law (1), on the criminal-law protection of the Community's financial interests (2), on measures and procedures to ensure the enforcement of intellectual property rights (COM(2003) 46), on ship-source pollution and on the introduction of sanctions, including criminal sanctions, for pollution offences (COM(2003) 92) and the proposal for a regulation of the European Parliament and of the Council on official feed and food controls (COM(2003) 52), seeking to ensure greater compliance with Community legislation through recourse to criminal law,

| B. | whereas the effective application of Community law is one of the main concerns of Community bodies and is a fundamental obligation for Member States, |
| --- | --- |

B.

whereas the effective application of Community law is one of the main concerns of Community bodies and is a fundamental obligation for Member States,

| C. | whereas the goal of effective implementation of international law appears on several occasions and in various forms in the Treaty, for example in the references to the need to take measures and to take action to ensure that such measures are effective, |
| --- | --- |

C.

whereas the goal of effective implementation of international law appears on several occasions and in various forms in the Treaty, for example in the references to the need to take measures and to take action to ensure that such measures are effective,

| D. | whereas, in the proposals in question, the aim is to require the Member States, on the basis of Community legislation (mixed method), to impose criminal sanctions for certain serious infringements of Community law, and not directly to lay down criminal-law rules or achieve criminal-law harmonisation, |
| --- | --- |

D.

whereas, in the proposals in question, the aim is to require the Member States, on the basis of Community legislation (mixed method), to impose criminal sanctions for certain serious infringements of Community law, and not directly to lay down criminal-law rules or achieve criminal-law harmonisation,

| E. | whereas it is necessary to examine whether the EC Treaty provides legal bases enabling the Community to require Member States to lay down criminal sanctions to ensure compliance with Community law and, if so, where the limits would lie in relation to the provisions of Title VI of the Treaty on European Union, |
| --- | --- |

E.

whereas it is necessary to examine whether the EC Treaty provides legal bases enabling the Community to require Member States to lay down criminal sanctions to ensure compliance with Community law and, if so, where the limits would lie in relation to the provisions of Title VI of the Treaty on European Union,

| F. | whereas it is necessary to determine the scope of the Community's competence to oblige Member States to impose penalties for breaches of Community law, which could range from the simple criminalisation of certain types of conduct or infringements, to the harmonisation of penalties or even the approximation of provisions on judicial competence, |
| --- | --- |

F.

whereas it is necessary to determine the scope of the Community's competence to oblige Member States to impose penalties for breaches of Community law, which could range from the simple criminalisation of certain types of conduct or infringements, to the harmonisation of penalties or even the approximation of provisions on judicial competence,

| G. | whereas Parliament is in favour of giving the Community legislator the legal capacity to require Member States to lay down sanctions to ensure compliance with Community law, |
| --- | --- |

G.

whereas Parliament is in favour of giving the Community legislator the legal capacity to require Member States to lay down sanctions to ensure compliance with Community law,

| H. | whereas the uncertainty as to whether the Community is competent to require Member States to impose criminal penalties for serious breaches of Community law, and as to the conditions and scope of this requirement, has led to hesitation over making use of this possibility, |
| --- | --- |

H.

whereas the uncertainty as to whether the Community is competent to require Member States to impose criminal penalties for serious breaches of Community law, and as to the conditions and scope of this requirement, has led to hesitation over making use of this possibility,

| I. | whereas the European Parliament has expressed concern at the lack of legal certainty deriving from the coexistence of two parallel legal frameworks, the first and third pillars, |
| --- | --- |

I.

whereas the European Parliament has expressed concern at the lack of legal certainty deriving from the coexistence of two parallel legal frameworks, the first and third pillars,

| J. | whereas the Charter of Fundamental Rights of the European Union will shortly become binding, |
| --- | --- |

J.

whereas the Charter of Fundamental Rights of the European Union will shortly become binding,

| K. | whereas the case law of the Court of Justice does not rule out the possibility that the measures needed to ensure the application and effectiveness of Community law may involve criminal penalties, |
| --- | --- |

K.

whereas the case law of the Court of Justice does not rule out the possibility that the measures needed to ensure the application and effectiveness of Community law may involve criminal penalties,

| L. | whereas the case law of the Court of Justice in this area remains limited and the Court has not yet had the opportunity to express its views on the limits and characteristics of the Community's power to oblige the Member States to impose criminal sanctions, |
| --- | --- |

L.

whereas the case law of the Court of Justice in this area remains limited and the Court has not yet had the opportunity to express its views on the limits and characteristics of the Community's power to oblige the Member States to impose criminal sanctions,

| 1. | Points out that, in accordance with the principle of loyalty laid down in Article 10 of the EC Treaty, Member States are required to ensure that breaches of Community law are punished by sanctions which are effective, proportionate and dissuasive, similar to those which apply to comparable breaches of national law and that the Community legislator can thus establish the principle of these sanctions; |
| --- | --- |

1.

Points out that, in accordance with the principle of loyalty laid down in Article 10 of the EC Treaty, Member States are required to ensure that breaches of Community law are punished by sanctions which are effective, proportionate and dissuasive, similar to those which apply to comparable breaches of national law and that the Community legislator can thus establish the principle of these sanctions;

| 2. | Considers that the Community legislator has the legal capacity to require Member States to lay down sanctions that are sufficiently dissuasive to ensure compliance with Community law; |
| --- | --- |

2.

Considers that the Community legislator has the legal capacity to require Member States to lay down sanctions that are sufficiently dissuasive to ensure compliance with Community law;

| 3. | Considers that, while the EC Treaty does not provide a legal basis enabling the European Union itself to make provision for a general legal basis for criminal sanctions to ensure compliance with obligations, Article 10 of the Treaty nevertheless provides a general legal basis for requiring Member States to ensure compliance with Community law through various penalties, including criminal penalties, and that there is a legal basis for defining in broad terms the types of conduct which should be criminalised and the conditions for so doing; |
| --- | --- |

3.

Considers that, while the EC Treaty does not provide a legal basis enabling the European Union itself to make provision for a general legal basis for criminal sanctions to ensure compliance with obligations, Article 10 of the Treaty nevertheless provides a general legal basis for requiring Member States to ensure compliance with Community law through various penalties, including criminal penalties, and that there is a legal basis for defining in broad terms the types of conduct which should be criminalised and the conditions for so doing;

| 4. | Calls on the Council to comply with Articles 29 and 47 of the Treaty on European Union, which clearly establish the primacy of the EC Treaty over the EU Treaty and hence the fact that an instrument based on Title VI of the EU Treaty cannot be adopted when the EC Treaty provides the possibility of achieving the same objective; |
| --- | --- |

4.

Calls on the Council to comply with Articles 29 and 47 of the Treaty on European Union, which clearly establish the primacy of the EC Treaty over the EU Treaty and hence the fact that an instrument based on Title VI of the EU Treaty cannot be adopted when the EC Treaty provides the possibility of achieving the same objective;

| 5. | Considers that the Community's competence to require Member States to make provision for criminal penalties must be limited, as the law stands at present, to cases in which the Community legislator considers that compliance with Community law can only be safeguarded by such means; |
| --- | --- |

5.

Considers that the Community's competence to require Member States to make provision for criminal penalties must be limited, as the law stands at present, to cases in which the Community legislator considers that compliance with Community law can only be safeguarded by such means;

| 6. | Points out that the case law of the Court of Justice, under which Member States are required to ensure penalties which are effective, dissuasive and proportionate, similar to those laid down for breaches of national law, falls within the framework of the obligation of loyal cooperation provided for by Article 10 and includes, a fortiori, the Community's right to make provision for such an obligation; |
| --- | --- |

6.

Points out that the case law of the Court of Justice, under which Member States are required to ensure penalties which are effective, dissuasive and proportionate, similar to those laid down for breaches of national law, falls within the framework of the obligation of loyal cooperation provided for by Article 10 and includes, a fortiori, the Community's right to make provision for such an obligation;

| 7. | Considers that, although Article 10 of the EC Treaty requires Member States to take all measures, including criminal law measures, to deal effectively with breaches of Community law, under no circumstances does it require Member States to adopt specific criminal law measures, if effective application of Community law can be secured through less stringent measures in accordance with the principles of proportionality and subsidiarity; |
| --- | --- |

7.

Considers that, although Article 10 of the EC Treaty requires Member States to take all measures, including criminal law measures, to deal effectively with breaches of Community law, under no circumstances does it require Member States to adopt specific criminal law measures, if effective application of Community law can be secured through less stringent measures in accordance with the principles of proportionality and subsidiarity;

| 8. | Considers that the Commission, in its capacity as guardian of Community interests, should be able to lodge complaints or bring civil actions, at least in cases where the Member States are accorded an equivalent right; |
| --- | --- |

8.

Considers that the Commission, in its capacity as guardian of Community interests, should be able to lodge complaints or bring civil actions, at least in cases where the Member States are accorded an equivalent right;

| 9. | Calls on the IGC to examine the current situation, which is unsatisfactory, and clearly define the Community's competence in criminal matters, setting forth clearly its scope and, where appropriate, its limits and, if the pillar structure is retained, to also determine its limits and its relationship with the Community pillar; |
| --- | --- |

9.

Calls on the IGC to examine the current situation, which is unsatisfactory, and clearly define the Community's competence in criminal matters, setting forth clearly its scope and, where appropriate, its limits and, if the pillar structure is retained, to also determine its limits and its relationship with the Community pillar;

| 10. | Calls on the IGC to establish a corpus of substantive criminal law for offences affecting the common European interest or common European policies; |
| --- | --- |

10.

Calls on the IGC to establish a corpus of substantive criminal law for offences affecting the common European interest or common European policies;

| 11. | Calls on the IGC to define at European level the general principles of criminal law that should govern the Member States' obligations as regards the adoption of criminal penalties (principles of legality, non-retroactivity of sentences, ne bis in idem, etc.); |
| --- | --- |

11.

Calls on the IGC to define at European level the general principles of criminal law that should govern the Member States' obligations as regards the adoption of criminal penalties (principles of legality, non-retroactivity of sentences, ne bis in idem, etc.);

| 12. | Instructs its President to forward this resolution to the Council, the Commission and the governments of the Member States. |
| --- | --- |

12.

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

---

(1)  OJ C 180 E, 26.6.2001, p. 238.

(2)  OJ C 240 E, 28.8.2001, p. 125.

P5_TA(2003)0369

Implementing the social policy agenda

European Parliament resolution on the scoreboard on implementing the social policy agenda (COM(2003) 57 — 2003/2097(INI))

The European Parliament,

| — | having regard to the Commission communication (COM(2003) 57), |
| --- | --- |

—

having regard to the Commission communication (COM(2003) 57),

| — | having regard to the Presidency Conclusions of the Nice European Council of 7, 8 and 9 December 2000 and to Annex I on the European social agenda, |
| --- | --- |

—

having regard to the Presidency Conclusions of the Nice European Council of 7, 8 and 9 December 2000 and to Annex I on the European social agenda,

| — | having regard to the Presidency Conclusions of the Stockholm European Council of 23 and 24 March 2001, |
| --- | --- |

—

having regard to the Presidency Conclusions of the Stockholm European Council of 23 and 24 March 2001,

| — | having regard to the Presidency Conclusions of the Barcelona European Council of 15 and 16 March 2002, |
| --- | --- |

—

having regard to the Presidency Conclusions of the Barcelona European Council of 15 and 16 March 2002,

| — | having regard to its resolution of 25 October 2000 (1) on the Commission communication on the social policy agenda, |
| --- | --- |

—

having regard to its resolution of 25 October 2000 (1) on the Commission communication on the social policy agenda,

| — | having regard to its resolution of 7 February 2002 (2) on the Commission communication on the scoreboard on implementing the social policy agenda, |
| --- | --- |

—

having regard to its resolution of 7 February 2002 (2) on the Commission communication on the scoreboard on implementing the social policy agenda,

| — | having regard to its resolution of 4 September 2002 (3) on the Commission communication on the scoreboard on implementing the social policy agenda, |
| --- | --- |

—

having regard to its resolution of 4 September 2002 (3) on the Commission communication on the scoreboard on implementing the social policy agenda,

| — | 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 Employment and Social Affairs (A5-0247/2003), |
| --- | --- |

—

having regard to the report of the Committee on Employment and Social Affairs (A5-0247/2003),

| A. | whereas the purpose of the yearly scoreboard used to assess implementation of the social policy agenda, which the Commission submits to Parliament, should be to keep track of achievements, warn of delays in the implementation of the projected measures, and form the basis for proposed adjustments to remedy gaps and shortcomings at the practical level or to tackle such new problems as might have arisen in the intervening period, |
| --- | --- |

A.

whereas the purpose of the yearly scoreboard used to assess implementation of the social policy agenda, which the Commission submits to Parliament, should be to keep track of achievements, warn of delays in the implementation of the projected measures, and form the basis for proposed adjustments to remedy gaps and shortcomings at the practical level or to tackle such new problems as might have arisen in the intervening period,

| B. | whereas economic activity is slowing down at an alarming rate; whereas the recent spring forecasts are adding to the fears of a rise in unemployment, poverty and social exclusion, which are giving cause for particular anxiety in the economically and socially weaker regions — a fact which is hampering economic and social cohesion, |
| --- | --- |

B.

whereas economic activity is slowing down at an alarming rate; whereas the recent spring forecasts are adding to the fears of a rise in unemployment, poverty and social exclusion, which are giving cause for particular anxiety in the economically and socially weaker regions — a fact which is hampering economic and social cohesion,

| C. | whereas economic growth, education and the creation of high-quality jobs are the most effective means of tackling social exclusion, |
| --- | --- |

C.

whereas economic growth, education and the creation of high-quality jobs are the most effective means of tackling social exclusion,

| D. | whereas immigrants, women, people with disabilities and other disadvantaged groups are continuing to encounter significant obstacles on the labour market, |
| --- | --- |

D.

whereas immigrants, women, people with disabilities and other disadvantaged groups are continuing to encounter significant obstacles on the labour market,

| E. | whereas in order to achieve the Lisbon goals by 2010, it will be necessary to create more than 15 million new high-quality jobs with associated rights; whereas the spring forecasts suggest that this target might not be met, |
| --- | --- |

E.

whereas in order to achieve the Lisbon goals by 2010, it will be necessary to create more than 15 million new high-quality jobs with associated rights; whereas the spring forecasts suggest that this target might not be met,

| F. | whereas the structural weaknesses identified on the labour market are largely to blame for lasting poverty and social exclusion, which are being aggravated by other factors such as health problems and disability, family break-ups, a lack of basic training and housing problems, |
| --- | --- |

F.

whereas the structural weaknesses identified on the labour market are largely to blame for lasting poverty and social exclusion, which are being aggravated by other factors such as health problems and disability, family break-ups, a lack of basic training and housing problems,

| G. | whereas the most recent income figures show that 15 % of the population, that is to say about 56 million people, are at risk of poverty, since they are living below a threshold defined to be 60 % of the national average income; whereas 9 % of the EU's population face a persistent risk of poverty, since they have remained in that position for at least two out of the last three years, |
| --- | --- |

G.

whereas the most recent income figures show that 15 % of the population, that is to say about 56 million people, are at risk of poverty, since they are living below a threshold defined to be 60 % of the national average income; whereas 9 % of the EU's population face a persistent risk of poverty, since they have remained in that position for at least two out of the last three years,

| H. | whereas social security is vital to reduce the risk of poverty; whereas without welfare transfers, the poverty risk would have amounted to 24 % (if one excludes pensions from the definition of welfare transfers) or 40 % (including pensions), |
| --- | --- |

H.

whereas social security is vital to reduce the risk of poverty; whereas without welfare transfers, the poverty risk would have amounted to 24 % (if one excludes pensions from the definition of welfare transfers) or 40 % (including pensions),

| I. | whereas at the last spring European Council in Brussels of 20-21 March 2003, an Employment Task Force was set up, |
| --- | --- |

I.

whereas at the last spring European Council in Brussels of 20-21 March 2003, an Employment Task Force was set up,

| J. | whereas the relocation of multinational companies causes unemployment rates to rise in the areas affected by the displacement, and whereas, therefore, both society and the undertakings concerned should make every effort to minimise the adverse consequences, |
| --- | --- |

J.

whereas the relocation of multinational companies causes unemployment rates to rise in the areas affected by the displacement, and whereas, therefore, both society and the undertakings concerned should make every effort to minimise the adverse consequences,

| K. | whereas the mid-term review of the 2000-2006 Structural Fund programmes, due to be carried out this year, offers an opportunity to coordinate Structural Fund programmes, especially under the European Social Fund, with the aims set out in the national action plans for social inclusion, the second series of which is being drawn up by the Member States, |
| --- | --- |

K.

whereas the mid-term review of the 2000-2006 Structural Fund programmes, due to be carried out this year, offers an opportunity to coordinate Structural Fund programmes, especially under the European Social Fund, with the aims set out in the national action plans for social inclusion, the second series of which is being drawn up by the Member States,

| L. | whereas school drop-out rates are still very high in some Member States; whereas an insufficient effort has been made in the provision of childcare facilities and in the area of pre-school education; whereas the levels of investment in education, training, and lifelong learning are still unsatisfactory; whereas the figures available point to an underinvestment in human capital, |
| --- | --- |

L.

whereas school drop-out rates are still very high in some Member States; whereas an insufficient effort has been made in the provision of childcare facilities and in the area of pre-school education; whereas the levels of investment in education, training, and lifelong learning are still unsatisfactory; whereas the figures available point to an underinvestment in human capital,

| M. | whereas tools and policies to help improve the social situation in the Union are still proving slow to produce, |
| --- | --- |

M.

whereas tools and policies to help improve the social situation in the Union are still proving slow to produce,

| N. | whereas, in view of the accession of the ten applicant countries which have weaker social indicators, it is necessary to redouble efforts to enable progress to be made towards economic and social cohesion, in terms of a better quality of life and greater social justice, |
| --- | --- |

N.

whereas, in view of the accession of the ten applicant countries which have weaker social indicators, it is necessary to redouble efforts to enable progress to be made towards economic and social cohesion, in terms of a better quality of life and greater social justice,

| 1. | Notes the Commission communication on the scoreboard on implementing the social policy agenda and hopes that the forthcoming mid-term review report will take Parliament's opinions into account and focus in particular on the costs incurred in not introducing high-quality social policy; |
| --- | --- |

1.

Notes the Commission communication on the scoreboard on implementing the social policy agenda and hopes that the forthcoming mid-term review report will take Parliament's opinions into account and focus in particular on the costs incurred in not introducing high-quality social policy;

| 2. | Considers that the value of the scoreboard will increase in proportion to the extent to which it provides a picture of the implementation of the social agenda in a relatively long-term perspective rather than merely reporting on the Commission's work in the previous year and its plans for the current year; hopes that the next scoreboard will indicate to what extent the objectives of the revised social agenda have been achieved; |
| --- | --- |

2.

Considers that the value of the scoreboard will increase in proportion to the extent to which it provides a picture of the implementation of the social agenda in a relatively long-term perspective rather than merely reporting on the Commission's work in the previous year and its plans for the current year; hopes that the next scoreboard will indicate to what extent the objectives of the revised social agenda have been achieved;

| 3. | Deplores the continuing high levels, in some Member States, of both unemployment and poverty, including lasting poverty, and calls for the solutions to these problems to be treated as a priority in Community policies, not least in the mid-term review of the Structural Funds and the Stability Pact; to this end, calls on Member States, in conjunction with the social partners and other stakeholders, to step up efforts to implement the Employment Guidelines; |
| --- | --- |

3.

Deplores the continuing high levels, in some Member States, of both unemployment and poverty, including lasting poverty, and calls for the solutions to these problems to be treated as a priority in Community policies, not least in the mid-term review of the Structural Funds and the Stability Pact; to this end, calls on Member States, in conjunction with the social partners and other stakeholders, to step up efforts to implement the Employment Guidelines;

| 4. | Is concerned about the remaining prevalent weaknesses identified in the scoreboard which must be urgently tackled and which include the continuing high levels of long-term unemployment, the continued low employment rates for women, the unequal distribution of employment rates according to age levels — older and younger workers in particular being confronted with significant obstacles to the labour market — and the persistence of regional labour market bottlenecks and skill shortages; |
| --- | --- |

4.

Is concerned about the remaining prevalent weaknesses identified in the scoreboard which must be urgently tackled and which include the continuing high levels of long-term unemployment, the continued low employment rates for women, the unequal distribution of employment rates according to age levels — older and younger workers in particular being confronted with significant obstacles to the labour market — and the persistence of regional labour market bottlenecks and skill shortages;

| 5. | Repeats its call for the policy initiatives announced in the social policy agenda to be put into effect, to that end making use of the scoreboard, which in each instance should specify the policy method employed (legislation, state of play regarding the open method of coordination, negotiation with the social partners, newly devised indicators, warnings given, etc.), the parties responsible and the time frames; |
| --- | --- |

5.

Repeats its call for the policy initiatives announced in the social policy agenda to be put into effect, to that end making use of the scoreboard, which in each instance should specify the policy method employed (legislation, state of play regarding the open method of coordination, negotiation with the social partners, newly devised indicators, warnings given, etc.), the parties responsible and the time frames;

| 6. | Notes the setting-up of an Employment Task Force chaired by Wim Kok; urges that the objectives of the Employment Task Force should be more clearly defined, particularly since bodies in this area already exist;expects it to increase the readiness to implement the Employment Strategy in the Member States and calls for close cooperation between the Task Force, the Commission and the Employment Committee; welcomes the setting-up of the Tripartite Social Summit; expects to be involved in the work arising from these initiatives and, in future, to be consulted in relation to the setting-up of such new bodies and working parties; |
| --- | --- |

6.

Notes the setting-up of an Employment Task Force chaired by Wim Kok; urges that the objectives of the Employment Task Force should be more clearly defined, particularly since bodies in this area already exist;expects it to increase the readiness to implement the Employment Strategy in the Member States and calls for close cooperation between the Task Force, the Commission and the Employment Committee; welcomes the setting-up of the Tripartite Social Summit; expects to be involved in the work arising from these initiatives and, in future, to be consulted in relation to the setting-up of such new bodies and working parties;

| 7. | Deplores the fact that the Commission is still failing to provide new initiatives in areas already highlighted by Parliament and urges that such initiatives be rapidly drawn up, specifically with a view to:






  a) | incorporating a social dimension in competition policy whereby, especially in Commission decisions on company mergers, factors related to employment, vocational training, access to high-quality services of general interest, industrial relations and regional development would be taken into account; |
| --- | --- | --- |

7.

Deplores the fact that the Commission is still failing to provide new initiatives in areas already highlighted by Parliament and urges that such initiatives be rapidly drawn up, specifically with a view to:

a)

incorporating a social dimension in competition policy whereby, especially in Commission decisions on company mergers, factors related to employment, vocational training, access to high-quality services of general interest, industrial relations and regional development would be taken into account;

| b) | revising Council Directive 94/45/EC (4) on the establishment of a European Works Council, as already promised for 2002; underlines that its key objectives should include (i) extending the scope and strengthening the information and consultation rights in the event of restructuring and (ii) the provision of better working facilities for employees' representatives in the European Works Councils; |
| --- | --- |

b)

revising Council Directive 94/45/EC (4) on the establishment of a European Works Council, as already promised for 2002; underlines that its key objectives should include (i) extending the scope and strengthening the information and consultation rights in the event of restructuring and (ii) the provision of better working facilities for employees' representatives in the European Works Councils;

| c) | revising Council Directive 93/104/EC (5) on working time, taking into account the recent rulings of the Court of Justice of the European Communities; |
| --- | --- |

c)

revising Council Directive 93/104/EC (5) on working time, taking into account the recent rulings of the Court of Justice of the European Communities;

| d) | drafting a directive on individual dismissals; |
| --- | --- |

d)

drafting a directive on individual dismissals;

| e) | defining at European level the right to take collective action, particularly the right to strike; |
| --- | --- |

e)

defining at European level the right to take collective action, particularly the right to strike;

| f) | drafting a directive on social protection for new forms of employment; |
| --- | --- |

f)

drafting a directive on social protection for new forms of employment;

| g) | amending Directive 92/85/EEC (6) on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding, in the spirit of the proposals contained in the European Parliament's resolution of 6 July 2000 (7), particularly concerning the duration of maternity leave; |
| --- | --- |

g)

amending Directive 92/85/EEC (6) on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding, in the spirit of the proposals contained in the European Parliament's resolution of 6 July 2000 (7), particularly concerning the duration of maternity leave;

| h) | defining criteria for the recognition of disabilities and adopting an action plan aimed at effective prevention of musculoskeletal injuries at work; |
| --- | --- |

h)

defining criteria for the recognition of disabilities and adopting an action plan aimed at effective prevention of musculoskeletal injuries at work;

| i) | laying down an incentive and support framework to develop the social economy, bearing in mind its role in creating jobs and improving the quality of life, especially for people in deprived areas; |
| --- | --- |

i)

laying down an incentive and support framework to develop the social economy, bearing in mind its role in creating jobs and improving the quality of life, especially for people in deprived areas;

| j) | establishing effective intervention procedures in the area of company relocations, especially where the companies concerned have received Community and national support, in order both to protect employment and other workers' rights and to prevent development being hamstrung in the regions and sectors in which companies are based, taking into account the aforesaid resolution of 4 September 2002; |
| --- | --- |

j)

establishing effective intervention procedures in the area of company relocations, especially where the companies concerned have received Community and national support, in order both to protect employment and other workers' rights and to prevent development being hamstrung in the regions and sectors in which companies are based, taking into account the aforesaid resolution of 4 September 2002;

| k) | adopting a legislative initiative introducing prior assessment of the cross-border effects of social and tax legislation, taking into account Parliament's earlier decisions; |
| --- | --- |

k)

adopting a legislative initiative introducing prior assessment of the cross-border effects of social and tax legislation, taking into account Parliament's earlier decisions;

| l) | devising an indicator to gauge the reduction in the inequalities between women and men in terms of unpaid working time and, as part of the current review of the European Employment Strategy, scheduling targets to bring about that reduction; |
| --- | --- |

l)

devising an indicator to gauge the reduction in the inequalities between women and men in terms of unpaid working time and, as part of the current review of the European Employment Strategy, scheduling targets to bring about that reduction;

| m) | producing a green paper on illiteracy and social exclusion and, ultimately, drawing up an action plan in consultation with the Member States, including the enlargement countries, on how these very real problems can best be tackled, and setting up a European illiteracy monitoring centre, as part of an existing centre, for example the European Foundation for the Improvement of Living and Working Conditions, and special support measures for areas affected by illiteracy, with a view to its eradication; |
| --- | --- |

m)

producing a green paper on illiteracy and social exclusion and, ultimately, drawing up an action plan in consultation with the Member States, including the enlargement countries, on how these very real problems can best be tackled, and setting up a European illiteracy monitoring centre, as part of an existing centre, for example the European Foundation for the Improvement of Living and Working Conditions, and special support measures for areas affected by illiteracy, with a view to its eradication;

| n) | adopting an appropriate legal basis for the development of the societal dialogue and providing financial support to enable NGOs whose objectives are in line with the objectives of the Social Agenda to contribute to the European Social Agenda; |
| --- | --- |

n)

adopting an appropriate legal basis for the development of the societal dialogue and providing financial support to enable NGOs whose objectives are in line with the objectives of the Social Agenda to contribute to the European Social Agenda;

| o) | adopting an initiative making it easier to reconcile work and family life by adjusting working time along the lines to be agreed through negotiation between the social partners, in the context of initiatives concerning the quality of work; |
| --- | --- |

o)

adopting an initiative making it easier to reconcile work and family life by adjusting working time along the lines to be agreed through negotiation between the social partners, in the context of initiatives concerning the quality of work;

| 8. | Notes the work programme of the social dialogue for 2003-2005; calls on the Commission to support the actions of the social partners and to use its right of initiative to further develop the European regulatory framework; |
| --- | --- |

8.

Notes the work programme of the social dialogue for 2003-2005; calls on the Commission to support the actions of the social partners and to use its right of initiative to further develop the European regulatory framework;

| 9. | Calls on the Commission to propose a revision of Directive 93/104/EC so as to clarify the definition of working time and the period of availability for work; |
| --- | --- |

9.

Calls on the Commission to propose a revision of Directive 93/104/EC so as to clarify the definition of working time and the period of availability for work;

| 10. | Calls on the Commission to respond to the request made in Parliament's position of 12 June 2002 (8) on the implementation of the principle of equal treatment for men and women by submitting a proposal for a directive, based on Article 141(3) of the Treaty, recognising paid paternity leave as an inalienable individual right that cannot be forgone, bearing in mind that the fact that women have to be absent from work because they are exercising their right to maternity leave — when there is no compulsory paid paternity leave — is one of the main reasons for discrimination against them; |
| --- | --- |

10.

Calls on the Commission to respond to the request made in Parliament's position of 12 June 2002 (8) on the implementation of the principle of equal treatment for men and women by submitting a proposal for a directive, based on Article 141(3) of the Treaty, recognising paid paternity leave as an inalienable individual right that cannot be forgone, bearing in mind that the fact that women have to be absent from work because they are exercising their right to maternity leave — when there is no compulsory paid paternity leave — is one of the main reasons for discrimination against them;

| 11. | Hopes that the Second Round Table on Poverty and Social Exclusion, due to be held in Turin on 16 and 17 October 2003, will be a defining moment in assessing the outcome of the implementation of the first national action plans for social inclusion; also hopes that it will contribute to the implementation of an effective social inclusion policy, which the second national plans for social inclusion, now being drawn up by the Member States, must treat as a priority, focusing in particular on the integration of immigrants, education, including lifelong learning, and vocational training; |
| --- | --- |

11.

Hopes that the Second Round Table on Poverty and Social Exclusion, due to be held in Turin on 16 and 17 October 2003, will be a defining moment in assessing the outcome of the implementation of the first national action plans for social inclusion; also hopes that it will contribute to the implementation of an effective social inclusion policy, which the second national plans for social inclusion, now being drawn up by the Member States, must treat as a priority, focusing in particular on the integration of immigrants, education, including lifelong learning, and vocational training;

| 12. | Calls on the Commission and Member States to ensure the correct, full and timely implementation of existing directives, in particular those adopted on the basis of Article 13 of the Treaty; also calls on the Commission not to hesitate in pursuing infringement actions against Member States in this regard; |
| --- | --- |

12.

Calls on the Commission and Member States to ensure the correct, full and timely implementation of existing directives, in particular those adopted on the basis of Article 13 of the Treaty; also calls on the Commission not to hesitate in pursuing infringement actions against Member States in this regard;

| 13. | Welcomes the communication from the Commission on the joint report concerning ‘Increasing labour force participation and promoting active ageing’ (COM(2002) 9); welcomes the recent agreement between the European social partners on older employees in the trade sector; stresses that in the next few years, active and coordinated measures relating to the employment of older people must be further developed by the Commission, Member States and social partners; |
| --- | --- |

13.

Welcomes the communication from the Commission on the joint report concerning ‘Increasing labour force participation and promoting active ageing’ (COM(2002) 9); welcomes the recent agreement between the European social partners on older employees in the trade sector; stresses that in the next few years, active and coordinated measures relating to the employment of older people must be further developed by the Commission, Member States and social partners;

| 14. | Insists on the need to submit, during the European Year of People with Disabilities, a proposal for a directive, based on Article 13 of the Treaty, with a view to combating discrimination on grounds of disability; |
| --- | --- |

14.

Insists on the need to submit, during the European Year of People with Disabilities, a proposal for a directive, based on Article 13 of the Treaty, with a view to combating discrimination on grounds of disability;

| 15. | Points to the need for increased investment in the provision of childcare facilities and in the area of pre-school education, given that the current levels are still unsatisfactory; also calls for greater investment in education, training and lifelong learning in several Member States, objectives in respect of which a system of guaranteed public, free and quality education is of vital importance, with particular regard to information technologies, in order to address the problem of the high rates of school drop-outs and of those seeking early retirement, to improve educational and training conditions, to pave the way for women to participate in the labour market and to promote efforts to reconcile work and family life for men and women; |
| --- | --- |

15.

Points to the need for increased investment in the provision of childcare facilities and in the area of pre-school education, given that the current levels are still unsatisfactory; also calls for greater investment in education, training and lifelong learning in several Member States, objectives in respect of which a system of guaranteed public, free and quality education is of vital importance, with particular regard to information technologies, in order to address the problem of the high rates of school drop-outs and of those seeking early retirement, to improve educational and training conditions, to pave the way for women to participate in the labour market and to promote efforts to reconcile work and family life for men and women;

| 16. | Stresses the importance of measures to combat undeclared work; welcomes the article relating to this in the proposed Guidelines for the Employment Policies of the Member States (COM(2003) 176); reiterates its call for the Commission to adopt initiatives to combat undeclared work, including the assignment of special status to jobs which do not fall within the standard categories, such as domestic work and child care; |
| --- | --- |

16.

Stresses the importance of measures to combat undeclared work; welcomes the article relating to this in the proposed Guidelines for the Employment Policies of the Member States (COM(2003) 176); reiterates its call for the Commission to adopt initiatives to combat undeclared work, including the assignment of special status to jobs which do not fall within the standard categories, such as domestic work and child care;

| 17. | Points out that, in view of the accession of the ten applicant countries which have weaker social indicators, it will be necessary to redouble efforts to enable progress to be made towards economic and social convergence in terms of a better quality of life and greater social justice; |
| --- | --- |

17.

Points out that, in view of the accession of the ten applicant countries which have weaker social indicators, it will be necessary to redouble efforts to enable progress to be made towards economic and social convergence in terms of a better quality of life and greater social justice;

| 18. | Hopes that the European Union will continue to support and contribute directly to an understanding of the full scale of the problem of poverty and social exclusion in the outermost regions, with a view to devising social inclusion policies for those regions and promoting specific support measures in various areas; |
| --- | --- |

18.

Hopes that the European Union will continue to support and contribute directly to an understanding of the full scale of the problem of poverty and social exclusion in the outermost regions, with a view to devising social inclusion policies for those regions and promoting specific support measures in various areas;

| 19. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

19.

Instructs its President to forward this resolution to the Council and the Commission.

---

(1)  OJ C 197, 12.7.2001, p. 180.

(2)  OJ C 284 E, 21.11.2002, p. 346.

(3)  P5_TA(2002)0399.

(4)  OJ L 254, 30.9.1994, p.64.

(5)  OJ L 307, 13.12.1993, p.18.

(6)  OJ L 348, 28.11.1992, p. 1.

(7)  OJ C 121, 24.4.2001, p. 473.

(8)  P5_TA(2002)0298.

P5_TA(2003)0370

The rights and dignity of the disabled

European Parliament resolution on the Communication from the Commission to the Council and the European Parliament ‘Towards a United Nations legally binding instrument to promote and protect the rights and dignity of persons with disabilities’ (COM(2003) 16 — 2003/2100(INI))

The European Parliament,

| — | having regard to the Commission Communication (COM(2003) 16), |
| --- | --- |

—

having regard to the Commission Communication (COM(2003) 16),

| — | having regard to the opinion of the European Economic and Social Committee (CESE 407/2003), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee (CESE 407/2003),

| — | having regard to Article 13 TEC and Article 21 of the Charter of Fundamental Rights (1) on combating discrimination including on the basis of disability, and having regard to Article 6 TEU and to Article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which prohibits all forms of discrimination, |
| --- | --- |

—

having regard to Article 13 TEC and Article 21 of the Charter of Fundamental Rights (1) on combating discrimination including on the basis of disability, and having regard to Article 6 TEU and to Article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which prohibits all forms of discrimination,

| — | having regard to Article 26 of the Charter of Fundamental Rights on the integration of disabled people and their right to benefit from measures designed to ensure this, |
| --- | --- |

—

having regard to Article 26 of the Charter of Fundamental Rights on the integration of disabled people and their right to benefit from measures designed to ensure this,

| — | having regard to its resolutions on sign languages of 17 June 1988 (2) and of 18 November 1998 (3) and to its resolution of 4 April 2001 (4) on a barrier-free Europe for disabled people and its position of 15 November 2001 (5) on the European Year of People with Disabilities 2003, |
| --- | --- |

—

having regard to its resolutions on sign languages of 17 June 1988 (2) and of 18 November 1998 (3) and to its resolution of 4 April 2001 (4) on a barrier-free Europe for disabled people and its position of 15 November 2001 (5) on the European Year of People with Disabilities 2003,

| — | having regard to the principles expressed in the Madrid Declaration (March 2002) and to the practical results of European Union initiatives such as ‘Districts’ (1983-1987), ‘Helios I’ (1987-1991) and ‘Helios II’ (1993-1997), and the current Community action programme (2001-2006) to combat all discrimination, including discrimination on the grounds of disability, |
| --- | --- |

—

having regard to the principles expressed in the Madrid Declaration (March 2002) and to the practical results of European Union initiatives such as ‘Districts’ (1983-1987), ‘Helios I’ (1987-1991) and ‘Helios II’ (1993-1997), and the current Community action programme (2001-2006) to combat all discrimination, including discrimination on the grounds of disability,

| — | having regard to the Universal Declaration of Human Rights 1948, the United Nations (UN) Declaration on the Rights of Mentally Retarded Persons 1971, the UN Declaration on the Rights of Disabled Persons 1975, the UN ‘Standard Rules for the Equalisation of Opportunities for Persons with Disabilities’ 1993 and all other human rights instruments, |
| --- | --- |

—

having regard to the Universal Declaration of Human Rights 1948, the United Nations (UN) Declaration on the Rights of Mentally Retarded Persons 1971, the UN Declaration on the Rights of Disabled Persons 1975, the UN ‘Standard Rules for the Equalisation of Opportunities for Persons with Disabilities’ 1993 and all other human rights instruments,

| — | having regard to the conclusions of the 2002 meeting of the UN Ad Hoc Committee on a comprehensive and integral international Convention on the protection and promotion of the rights and dignity of persons with disabilities, as set up by Resolution 56/168, |
| --- | --- |

—

having regard to the conclusions of the 2002 meeting of the UN Ad Hoc Committee on a comprehensive and integral international Convention on the protection and promotion of the rights and dignity of persons with disabilities, as set up by Resolution 56/168,

| — | 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 Employment and Social Affairs and the opinion of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0270/2003), |
| --- | --- |

—

having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0270/2003),

| A. | whereas the approximately 600 million disabled people in the world are often among the poorest of the poor and the most vulnerable, with over two-thirds living in developing countries, and whereas, in many countries, they continue to be excluded and denied fundamental human rights, such as education and access to gainful employment, and still lack access to the built environment as well as to information and communication, |
| --- | --- |

A.

whereas the approximately 600 million disabled people in the world are often among the poorest of the poor and the most vulnerable, with over two-thirds living in developing countries, and whereas, in many countries, they continue to be excluded and denied fundamental human rights, such as education and access to gainful employment, and still lack access to the built environment as well as to information and communication,

| B. | whereas there are around 40 million people in the European Union with various types of disabilities, |
| --- | --- |

B.

whereas there are around 40 million people in the European Union with various types of disabilities,

| C. | whereas the situation of disabled people ought to be assessed from the perspective of human rights and not from one of charity, which means viewing disabled people as people with rights and not as problem-generators, |
| --- | --- |

C.

whereas the situation of disabled people ought to be assessed from the perspective of human rights and not from one of charity, which means viewing disabled people as people with rights and not as problem-generators,

| D. | whereas many people with intellectual, psychiatric and physical disabilities in some countries are still kept in institutions, in many cases as a result of a lack of tailored facilities allowing for an independent life, and are sometimes subjected to indignities and inhuman treatment (such as being restrained in locked cage-beds or in other ways), |
| --- | --- |

D.

whereas many people with intellectual, psychiatric and physical disabilities in some countries are still kept in institutions, in many cases as a result of a lack of tailored facilities allowing for an independent life, and are sometimes subjected to indignities and inhuman treatment (such as being restrained in locked cage-beds or in other ways),

| E. | whereas this year marks the 10th anniversary of the UN Standard Rules for disabled people, which is not however a legally binding instrument, |
| --- | --- |

E.

whereas this year marks the 10th anniversary of the UN Standard Rules for disabled people, which is not however a legally binding instrument,

| F. | whereas 2003 is also the European Year of People with Disabilities and the start of the second successive Asian and Pacific Decade of Disabled People (2003-2012) and whereas the period 2000-2009 has been designated as the African Decade of Disabled People, |
| --- | --- |

F.

whereas 2003 is also the European Year of People with Disabilities and the start of the second successive Asian and Pacific Decade of Disabled People (2003-2012) and whereas the period 2000-2009 has been designated as the African Decade of Disabled People,

| G. | whereas there is a need to enhance the profile of issues relating to disability in order to raise public awareness in the present and future EU Member States, |
| --- | --- |

G.

whereas there is a need to enhance the profile of issues relating to disability in order to raise public awareness in the present and future EU Member States,

| H. | whereas individual sign languages and alphabets have evolved independently within Member States, |
| --- | --- |

H.

whereas individual sign languages and alphabets have evolved independently within Member States,

| 1. | Welcomes the fact that by virtue of Council Decision 2001/903/EC (6) the Council of the European Union declared 2003 the ‘European Year of People with Disabilities’ as a means of profiling the issues relating to disability and giving political impetus at both EU and international level to equal rights for disabled people; |
| --- | --- |

1.

Welcomes the fact that by virtue of Council Decision 2001/903/EC (6) the Council of the European Union declared 2003 the ‘European Year of People with Disabilities’ as a means of profiling the issues relating to disability and giving political impetus at both EU and international level to equal rights for disabled people;

| 2. | Welcomes the initiative of the Government of Mexico and the UN General Assembly to set up an Ad Hoc Committee to consider proposals for an international convention to protect and promote the rights and dignity of disabled persons; welcomes the decision of the Ad Hoc Committee in 2003 to establish a Working Group to prepare and present a draft text which would be the basis for negotiation when drawing up the draft Convention by UN Member States and Observers at the next Ad Hoc Committee, as well as a basis for the participation of disabled people's NGOs; |
| --- | --- |

2.

Welcomes the initiative of the Government of Mexico and the UN General Assembly to set up an Ad Hoc Committee to consider proposals for an international convention to protect and promote the rights and dignity of disabled persons; welcomes the decision of the Ad Hoc Committee in 2003 to establish a Working Group to prepare and present a draft text which would be the basis for negotiation when drawing up the draft Convention by UN Member States and Observers at the next Ad Hoc Committee, as well as a basis for the participation of disabled people's NGOs;

| 3. | Welcomes the Commission Communication setting out its position regarding this possible Convention and stresses that while the Commission is calling for a UN Convention it has failed to provide any timetable for a future comprehensive EU Directive on disabled people's rights; nor has it made any real political commitments to mainstream disabled people's rights within its development cooperation policy; |
| --- | --- |

3.

Welcomes the Commission Communication setting out its position regarding this possible Convention and stresses that while the Commission is calling for a UN Convention it has failed to provide any timetable for a future comprehensive EU Directive on disabled people's rights; nor has it made any real political commitments to mainstream disabled people's rights within its development cooperation policy;

| 4. | Notes that the EU Member States do not have specific regulations that take into account the special circumstances of disabled people in general terms, and that their judicial systems perpetuate great disparities in this area; |
| --- | --- |

4.

Notes that the EU Member States do not have specific regulations that take into account the special circumstances of disabled people in general terms, and that their judicial systems perpetuate great disparities in this area;

| 5. | Notes that the measures the European Union has adopted with regard to disabled people have been minimal and relate almost exclusively to the establishing of a general framework for equal treatment in employment in the context of the combating of discrimination laid down in Article 13 TEC; |
| --- | --- |

5.

Notes that the measures the European Union has adopted with regard to disabled people have been minimal and relate almost exclusively to the establishing of a general framework for equal treatment in employment in the context of the combating of discrimination laid down in Article 13 TEC;

| 6. | Insists that the European Union must lead the way, regardless of the outcome of the UN proceedings, in introducing a Directive on the rights of disabled people; |
| --- | --- |

6.

Insists that the European Union must lead the way, regardless of the outcome of the UN proceedings, in introducing a Directive on the rights of disabled people;

| 7. | Calls on the Member States to include in the future European Union Constitution, in the Article relating to the objectives of the European Union, a specific reference to the ‘protection of the rights of disabled people’; |
| --- | --- |

7.

Calls on the Member States to include in the future European Union Constitution, in the Article relating to the objectives of the European Union, a specific reference to the ‘protection of the rights of disabled people’;

| 8. | Recommends that all measures proposed on the legal basis of Article 13 TEC should move from unanimity to qualified majority voting; |
| --- | --- |

8.

Recommends that all measures proposed on the legal basis of Article 13 TEC should move from unanimity to qualified majority voting;

| 9. | Insists that the outcome of this process must be a legally binding Convention with an effective monitoring mechanism, similar to the six human rights conventions that have already been adopted by the UN, including the three specific Conventions on combating discrimination against children and women and racial discrimination; calls on EU Member States to agree to work towards this outcome and to help make the future Convention meaningful in even the poorest countries of the world by prioritising disabled people and their rights within EU and national development and cooperation policies; |
| --- | --- |

9.

Insists that the outcome of this process must be a legally binding Convention with an effective monitoring mechanism, similar to the six human rights conventions that have already been adopted by the UN, including the three specific Conventions on combating discrimination against children and women and racial discrimination; calls on EU Member States to agree to work towards this outcome and to help make the future Convention meaningful in even the poorest countries of the world by prioritising disabled people and their rights within EU and national development and cooperation policies;

| 10. | Believes that the current and future EU Member States must play a leading role in making sure organisations of disabled people and organisations representing disabled people are fully involved in the drafting and monitoring of the implementation of the Convention; calls for the European Parliament also to be involved in this process as part of the EU contribution; |
| --- | --- |

10.

Believes that the current and future EU Member States must play a leading role in making sure organisations of disabled people and organisations representing disabled people are fully involved in the drafting and monitoring of the implementation of the Convention; calls for the European Parliament also to be involved in this process as part of the EU contribution;

| 11. | Believes that the viewpoint of disabled people themselves must form part of the negotiations and emphasises the importance of ensuring that families, parents and guardians have an input into the process and that organisations of and representing disabled people should also be actively involved in the process; |
| --- | --- |

11.

Believes that the viewpoint of disabled people themselves must form part of the negotiations and emphasises the importance of ensuring that families, parents and guardians have an input into the process and that organisations of and representing disabled people should also be actively involved in the process;

| 12. | Considers that the objectives of the Convention should be:






  — | to afford disabled people full protection of their human rights, |
| --- | --- | --- |

12.

Considers that the objectives of the Convention should be:

—

to afford disabled people full protection of their human rights,

| — | to clarify existing rights and tailor them to the needs of disabled people including by tackling barriers that hinder the full enjoyment of rights, |
| --- | --- |

—

to clarify existing rights and tailor them to the needs of disabled people including by tackling barriers that hinder the full enjoyment of rights,

| — | to facilitate the fulfilment of the aspirations of disabled people, and to help them unlock their potential, |
| --- | --- |

—

to facilitate the fulfilment of the aspirations of disabled people, and to help them unlock their potential,

| — | to prioritise disabled people on policy agendas and to increase international cooperation and knowledge, |
| --- | --- |

—

to prioritise disabled people on policy agendas and to increase international cooperation and knowledge,

| — | to have a permanent mechanism for monitoring the human rights of disabled people in the world; |
| --- | --- |

—

to have a permanent mechanism for monitoring the human rights of disabled people in the world;

| 13. | Considers that all the parties concerned would reap practical benefits, since the precise obligations in the sphere of disability of the States party to that Convention and of the European Union would be clarified, and civil society would also be able to focus on a coherent set of standards rather than on the six different current sets of human rights standards adopted by the UN; |
| --- | --- |

13.

Considers that all the parties concerned would reap practical benefits, since the precise obligations in the sphere of disability of the States party to that Convention and of the European Union would be clarified, and civil society would also be able to focus on a coherent set of standards rather than on the six different current sets of human rights standards adopted by the UN;

| 14. | Considers that the Convention should be binding on all States parties; |
| --- | --- |

14.

Considers that the Convention should be binding on all States parties;

| 15. | Believes that a future Convention on the rights of disabled people should be based on and include the following principles:






  — | the rights-based approach emphasising human rights (civil and political as well as economic, social and cultural) already included in various treaties, and tailoring them to the needs of disabled people, |
| --- | --- | --- |

15.

Believes that a future Convention on the rights of disabled people should be based on and include the following principles:

—

the rights-based approach emphasising human rights (civil and political as well as economic, social and cultural) already included in various treaties, and tailoring them to the needs of disabled people,

| — | acknowledgement of the need to provide for both the general and impairment-specific needs of disabled people, including those with ‘hidden’ disabilities, thereby recognising the diversity of disabled people, in particular persons with multiple and severe disabilities and their families, |
| --- | --- |

—

acknowledgement of the need to provide for both the general and impairment-specific needs of disabled people, including those with ‘hidden’ disabilities, thereby recognising the diversity of disabled people, in particular persons with multiple and severe disabilities and their families,

| — | the development of information campaigns targeting the relevant persons (teachers, doctors and parents) on the so-called ‘hidden’ disabilities which in fact clearly manifest themselves in daily life and life at school, |
| --- | --- |

—

the development of information campaigns targeting the relevant persons (teachers, doctors and parents) on the so-called ‘hidden’ disabilities which in fact clearly manifest themselves in daily life and life at school,

| — | full involvement of disabled people, organisations of disabled people and organisations representing disabled people in the establishment of national and international policies and bodies which affect them, |
| --- | --- |

—

full involvement of disabled people, organisations of disabled people and organisations representing disabled people in the establishment of national and international policies and bodies which affect them,

| — | recognition of the reality that many disabled people are confronted with multiple discrimination on grounds of gender, race, age etc.; |
| --- | --- |

—

recognition of the reality that many disabled people are confronted with multiple discrimination on grounds of gender, race, age etc.;

| 16. | Considers that, wherever possible, the rights should be legally enforceable with concrete deadlines for their achievement; |
| --- | --- |

16.

Considers that, wherever possible, the rights should be legally enforceable with concrete deadlines for their achievement;

| 17. | Believes that the definition of disability should cover all persons with disabilities, irrespective of the level of severity, define disability as the interaction of a person with an impairment and the social barriers, both environmental and attitudinal, and that the definition of discrimination should broadly reflect the one used in Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (7) and include direct and indirect discrimination, reasonable accommodation (adjustments) and harassment; |
| --- | --- |

17.

Believes that the definition of disability should cover all persons with disabilities, irrespective of the level of severity, define disability as the interaction of a person with an impairment and the social barriers, both environmental and attitudinal, and that the definition of discrimination should broadly reflect the one used in Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (7) and include direct and indirect discrimination, reasonable accommodation (adjustments) and harassment;

| 18. | Considers that legally enforceable rights should be combined with actions to support the full participation of disabled people in society and to combat prejudice and false images of disabled people; |
| --- | --- |

18.

Considers that legally enforceable rights should be combined with actions to support the full participation of disabled people in society and to combat prejudice and false images of disabled people;

| 19. | Calls on the UN Member States to make sure that at least the following rights of disabled people are specified in the future Convention:






  (a) | Right to quality of life






  — | Protection from degrading and inhumane treatment and institutionalisation; |
| --- | --- | --- | --- |

19.

Calls on the UN Member States to make sure that at least the following rights of disabled people are specified in the future Convention:

(a)

Right to quality of life

—

Protection from degrading and inhumane treatment and institutionalisation;

| (b) | Access to employment






  — | The promotion of the integration of disabled people in the field of employment and training, |
| --- | --- | --- |

(b)

Access to employment

—

The promotion of the integration of disabled people in the field of employment and training,

| — | The removal of all legal and administrative barriers to employment, |
| --- | --- |

—

The removal of all legal and administrative barriers to employment,

| — | The prohibition of any form of discrimination in recruitment, management practices and promotion in the workplace, including the refusal to provide reasonable accommodation (adjustments); Directive 2000/78/EC provides a good model for such an article, |
| --- | --- |

—

The prohibition of any form of discrimination in recruitment, management practices and promotion in the workplace, including the refusal to provide reasonable accommodation (adjustments); Directive 2000/78/EC provides a good model for such an article,

| — | The right of disabled people to equal pay for equal work or work of equal value; |
| --- | --- |

—

The right of disabled people to equal pay for equal work or work of equal value;

| (c) | Access to education and vocational training






  — | The right to an education of equal quality that furthers the development, independence and participation of both disabled adults and disabled children in society. This may be achieved either ideally through full and equal access to mainstream education, with the resources, tools and other support (such as access to new technologies) needed to enable participation and development or, if necessary to meet the individual's particular needs, by special education alongside children and young people with similar disabilities. In both cases, sufficient financial resources should be provided, |
| --- | --- | --- |

(c)

Access to education and vocational training

—

The right to an education of equal quality that furthers the development, independence and participation of both disabled adults and disabled children in society. This may be achieved either ideally through full and equal access to mainstream education, with the resources, tools and other support (such as access to new technologies) needed to enable participation and development or, if necessary to meet the individual's particular needs, by special education alongside children and young people with similar disabilities. In both cases, sufficient financial resources should be provided,

| — | The right of equal access to the whole range of tertiary education, including vocational education, and to be provided with the resources, tools and other support (such as access to new technologies) needed to enable disabled students to participate fully in such courses and activities so that they can complete their education/training, |
| --- | --- |

—

The right of equal access to the whole range of tertiary education, including vocational education, and to be provided with the resources, tools and other support (such as access to new technologies) needed to enable disabled students to participate fully in such courses and activities so that they can complete their education/training,

| — | The right to appropriate vocational training for people who voluntarily assist disabled adults and children, to enable specific assistance tailored to the various forms of disability to be provided; |
| --- | --- |

—

The right to appropriate vocational training for people who voluntarily assist disabled adults and children, to enable specific assistance tailored to the various forms of disability to be provided;

| (d) | Right to inclusion






  — | Prevention and gradual removal of any barriers to accessing buildings and facilities (including access for assistance dogs) and public transport (including stations, services and transport information available in accessible formats), |
| --- | --- | --- |

(d)

Right to inclusion

—

Prevention and gradual removal of any barriers to accessing buildings and facilities (including access for assistance dogs) and public transport (including stations, services and transport information available in accessible formats),

| — | The right to live independently and with dignity in the community, instead of an institution, with the right to accessible housing and/or supported accommodation, together with other support services, where appropriate, to facilitate independent living, |
| --- | --- |

—

The right to live independently and with dignity in the community, instead of an institution, with the right to accessible housing and/or supported accommodation, together with other support services, where appropriate, to facilitate independent living,

| — | The right to be able to access the technical equipment and assistance necessary to raise the level of independence of disabled people, |
| --- | --- |

—

The right to be able to access the technical equipment and assistance necessary to raise the level of independence of disabled people,

| — | Non-discriminatory access to goods and services, guaranteed by adequate laws, |
| --- | --- |

—

Non-discriminatory access to goods and services, guaranteed by adequate laws,

| — | All agencies and organisations should have disability awareness training for all their personnel; |
| --- | --- |

—

All agencies and organisations should have disability awareness training for all their personnel;

| (e) | Civil and political rights






  — | Equal citizenship rights and non-discrimination in immigration rules, |
| --- | --- | --- |

(e)

Civil and political rights

—

Equal citizenship rights and non-discrimination in immigration rules,

| — | The right to a free and secret vote with adequate information and facilities (accessible polling stations, mobile or postal voting, ballot papers and information on candidates and political parties available in accessible formats and plain language), as well as the right to be elected, |
| --- | --- |

—

The right to a free and secret vote with adequate information and facilities (accessible polling stations, mobile or postal voting, ballot papers and information on candidates and political parties available in accessible formats and plain language), as well as the right to be elected,

| — | Promotion of the involvement of disabled people in public life and their right to take part in formulation of policies and co-determine decisions directly and/or indirectly affecting them, making sure that all legislation has disability impact assessments, |
| --- | --- |

—

Promotion of the involvement of disabled people in public life and their right to take part in formulation of policies and co-determine decisions directly and/or indirectly affecting them, making sure that all legislation has disability impact assessments,

| — | The right to freedom of expression (recognition of sign language, Braille), |
| --- | --- |

—

The right to freedom of expression (recognition of sign language, Braille),

| — | The right to obtain information, including public documents, in clear, simple language, without jargon and in accessible formats (including adequate design for notes and coins so that they can be recognised by blind and visually impaired people); |
| --- | --- |

—

The right to obtain information, including public documents, in clear, simple language, without jargon and in accessible formats (including adequate design for notes and coins so that they can be recognised by blind and visually impaired people);

| (f) | Access to financial support






  — | The right to sufficient and suitable public financial assistance, permitting a decent life, |
| --- | --- | --- |

(f)

Access to financial support

—

The right to sufficient and suitable public financial assistance, permitting a decent life,

| — | The right to compensation, under social security programmes, for the extra costs related to the specific needs of disabled people and their carers where relevant; |
| --- | --- |

—

The right to compensation, under social security programmes, for the extra costs related to the specific needs of disabled people and their carers where relevant;

| (g) | Access to healthcare






  — | The right to equal access to health services (including by providing balanced and objective information in accessible formats about available health services), |
| --- | --- | --- |

(g)

Access to healthcare

—

The right to equal access to health services (including by providing balanced and objective information in accessible formats about available health services),

| — | The right to own consent and authorisation in relation to personal treatments and procedures and, where it becomes necessary to restrict the rights of mentally disabled people, the establishment of adequate legal safeguards and periodic review in order to avoid any abuse, |
| --- | --- |

—

The right to own consent and authorisation in relation to personal treatments and procedures and, where it becomes necessary to restrict the rights of mentally disabled people, the establishment of adequate legal safeguards and periodic review in order to avoid any abuse,

| — | The right to access personal data and information in relation to one's own healthcare situation, |
| --- | --- |

—

The right to access personal data and information in relation to one's own healthcare situation,

| — | The right to be treated and advised by medical staff who have had disability awareness training; |
| --- | --- |

—

The right to be treated and advised by medical staff who have had disability awareness training;

| (h) | Access to culture and leisure






  — | The right to accessible television, broadcasting and internet (including audio description, sign language interpretation and subtitling of programmes, where appropriate), |
| --- | --- | --- |

(h)

Access to culture and leisure

—

The right to accessible television, broadcasting and internet (including audio description, sign language interpretation and subtitling of programmes, where appropriate),

| — | The right to equal access to and participation in all recreational, cultural and sports facilities, |
| --- | --- |

—

The right to equal access to and participation in all recreational, cultural and sports facilities,

| — | Integration of disabled people into mainstream sport and sporting competitions; |
| --- | --- |

—

Integration of disabled people into mainstream sport and sporting competitions;

| (i) | Equality before the law and the right to justice






  — | The right to legal counsel and free interpretation, translation services or communication guides, where needed, whilst not discriminating against anyone who cannot communicate verbally, |
| --- | --- | --- |

(i)

Equality before the law and the right to justice

—

The right to legal counsel and free interpretation, translation services or communication guides, where needed, whilst not discriminating against anyone who cannot communicate verbally,

| — | The right to victims' protection and compensation that is sensitive to the special circumstances arising from being disabled, |
| --- | --- |

—

The right to victims' protection and compensation that is sensitive to the special circumstances arising from being disabled,

| — | The right to become a practising lawyer, judge or juror and to be given any assistance that may be necessary to enable these tasks to be performed; |
| --- | --- |

—

The right to become a practising lawyer, judge or juror and to be given any assistance that may be necessary to enable these tasks to be performed;

| 20. | Believes that a UN Monitoring Committee on the Rights of Persons with Disabilities should be composed of a majority of disabled people and should be established as a strong and effective monitoring system to identify measures to enhance and surmount obstacles to proper implementation of the Convention by:






  — | evaluating reports submitted periodically by States Parties and NGOs on the progress and problems encountered in implementing the Convention and making recommendations to these States, |
| --- | --- | --- |

20.

Believes that a UN Monitoring Committee on the Rights of Persons with Disabilities should be composed of a majority of disabled people and should be established as a strong and effective monitoring system to identify measures to enhance and surmount obstacles to proper implementation of the Convention by:

—

evaluating reports submitted periodically by States Parties and NGOs on the progress and problems encountered in implementing the Convention and making recommendations to these States,

| — | identifying areas of cooperation among States, and between them and competent agencies that facilitate implementation of the Convention, |
| --- | --- |

—

identifying areas of cooperation among States, and between them and competent agencies that facilitate implementation of the Convention,

| — | receiving complaints from individuals or NGOs and responding to requests for independent enquiries; |
| --- | --- |

—

receiving complaints from individuals or NGOs and responding to requests for independent enquiries;

| 21. | Instructs on its President to forward this resolution to the United Nations, the Council, the Commission and the governments of the Member States and the future Member States and the government of Mexico. |
| --- | --- |

21.

Instructs on its President to forward this resolution to the United Nations, the Council, the Commission and the governments of the Member States and the future Member States and the government of Mexico.

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(1)  OJ C 364, 18.12.2000.

(2)  OJ C 187, 18.7.1988, p. 236.

(3)  OJ C 379, 7.12.1998, p. 66.

(4)  OJ C 21 E, 24.1.2002, p. 246.

(5)  OJ C 140 E, 13.6.2002, p. 599.

(6)  OJ L 335, 19.12.2001, p. 15.

(7)  OJ L 303, 2.12.2000, p. 16.

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