# CE2004104EN.01002601.xml

| 30.4.2004 | EN | Official Journal of the European Union | CE 104/26 |
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30.4.2004

EN

Official Journal of the European Union

CE 104/26

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MINUTES

(2004/C 104 E/02)

PROCEEDINGS OF THE SITTING

IN THE CHAIR: Giorgos DIMITRAKOPOULOS

Vice-President

1.   Opening of sitting

The sitting opened at 09.00.

2.   Membership of Parliament

The competent Spanish authorities had given notice of the appointment of Mr D Luis Marco Aguiriano Nalda to replace Mrs María Rodríguez Ramos, as Member of Parliament, with effect from 19 April 2004.

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

3.   Membership of committees and delegations

At the request of the PSE Group, Parliament ratified the following appointment:

Mr Aguiriano Nalda as member of the

| — | BUDG Committee |
| --- | --- |

—

BUDG Committee

| — | Delegation for relations with the People's Republic of China. |
| --- | --- |

—

Delegation for relations with the People's Republic of China.

4.   Vote on request for urgent procedure

Request for urgent procedure:

| — | initiative of the Italian Republic with a view to the adoption of a Council decision in respect of the organisation of joint flights to remove nationals of third countries residing illegally on the territory of two or more Member States — (12025/2003 — C5-0440/2003 and 14205/2003 — C5-0582/2003 — 2003/0821(CNS)) — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs |
| --- | --- |

—

initiative of the Italian Republic with a view to the adoption of a Council decision in respect of the organisation of joint flights to remove nationals of third countries residing illegally on the territory of two or more Member States — (12025/2003 — C5-0440/2003 and 14205/2003 — C5-0582/2003 — 2003/0821(CNS)) — Committee on Citizens' Freedoms and Rights, Justice and Home Affairs

Martine Roure, on behalf of the PSE Group, spoke on the request.

The request for urgent procedure was rejected.

*

- *

Jens-Peter Bonde referred to his remarks of the previous day (Minutes of 19.04.2004, Item 24) when he pointed out that the motion of censure on the Commission concerning Eurostat had obtained the required number of signatures, and asked to know what would happen next (the President replied that the services responsible were checking the number of signatures and that Parliament would then be informed accordingly).

(Minutes of 19.04.2004, Item 24)

5.   Safety at sea (debate)

(debate)

Report on improving safety at sea [2003/2235(INI)] — Temporary committee on improving safety at sea.

Rapporteur: Dirk Sterckx (A5-0257/2004)

Herman Vermeer (deputising for the rapporteur) introduced the report.

Loyola de Palacio (Vice-President of the Commission) spoke.

The following spoke: Daniel Varela Suanzes-Carpegna, on behalf of the PPE-DE Group, Gilles Savary, on behalf of the PSE Group, Astrid Thors, on behalf of the ELDR Group, María Luisa Bergaz Conesa, on behalf of the GUE/NGL Group, Camilo Nogueira Román, on behalf of the Verts/ALE Group, Alain Esclopé, on behalf of the EDD Group, Dominique F.C. Souchet, Non-attached Member, Françoise Grossetête, Rosa Miguélez Ramos and Sylviane H. Ainardi.

IN THE CHAIR: Gérard ONESTA

Vice-President

The following spoke: Josu Ortuondo Larrea, Koldo Gorostiaga Atxalandabaso, Georg Jarzembowski, Emmanouil Mastorakis, Konstantinos Hatzidakis, Jan Marinus Wiersma, Manuel Pérez Álvarez, Juan de Dios Izquierdo Collado, Peter Pex, Bernard Poignant, Brigitte Langenhagen, Wilhelm Ernst (Willi) Piecyk, John Walls Cushnahan, Jan Dhaene, Loyola de Palacio and Koldo Gorostiaga Atxalandabaso on the last speaker's remarks.

The debate closed.

Vote: Minutes of 21.04.2004, Item 10.28.

Minutes of 21.04.2004, Item 10.28

6.   Charging HGVs for infrastructure ***I (debate)

(debate)

Report on the proposal for a European Parliament and Council directive amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures [COM(2003) 448 — C5-0351/2003 — 2003/0175(COD)] — Committee on Regional Policy, Transport and Tourism.

Rapporteur: Luigi Cocilovo (A5-0220/2004)

Loyola de Palacio (Vice-President of the Commission) spoke.

Luigi Cocilovo introduced the report.

The following spoke: Manuel António dos Santos (draftsman of the opinion of the ECON Committee) and Georg Jarzembowski, on behalf of the PPE-DE Group.

IN THE CHAIR: Alonso José PUERTA

Vice-President

Vice-President

The following spoke: Ulrich Stockmann, on behalf of the PSE Group, Paolo Costa, on behalf of the ELDR Group, Elisabeth Schroedter, on behalf of the Verts/ALE Group, Reinhard Rack, Johannes (Hannes) Swoboda, Herman Vermeer, Claude Turmes, Ari Vatanen, Ewa Hedkvist Petersen, Gilles Savary and Jan Dhaene.

The debate closed.

Vote: Item 10.29.

Item 10.29

7.   Social legislation relating to road transport ***I (debate)

(debate)

Report on the proposal for a European Parliament and Council directive on minimum conditions for the implementation of Directive 2002/15/EC and Council Regulations (EEC) Nos 3820/85 and 3821/85 concerning social legislation relating to road transport activities [COM(2003) 628 — C5-0601/2003 — 2003/0255(COD)] — Committee on Regional Policy, Transport and Toursim.

Rapporteur: Helmuth Markov (A5-0216/2004)

Draftsman of the opinion (Rule 162a): Elisabeth Schroedter, EMPL Committee

Loyola de Palacio (Vice-President of the Commission) spoke.

Helmuth Markov introduced the report.

The following spoke: Elisabeth Schroedter (draftsman of the opinion of the EMPL Committee), Mathieu Grosch, on behalf of the PPE-DE Group, Emmanouil Mastorakis, on behalf of the PSE Group, Samuli Pohjamo, on behalf of the ELDR Group, Arlette Laguiller, on behalf of the GUE/NGL Group, and Rijk van Dam, on behalf of the EDD Group.

The debate closed.

Vote: Item 10.30.

Item 10.30

8.   Minimum safety requirements for tunnels in the Trans-European Road Network ***II (debate)

(debate)

Recommendation for second reading on the common position of the Council with a view to adopting a directive of the European Parliament and of the Council on minimum safety requirements for tunnels in the Trans-European Road Network [5238/1/2004 — C5-0118/2004 — 2002/0309(COD)] — Committee on Regional Policy, Transport and Tourism.

Rapporteur: Reinhard Rack (A5-0249/2004)

Reinhard Rack introduced the recommendation for second reading.

Loyola de Palacio (Vice-President of the Commission) spoke.

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

The debate closed.

Vote: Item 10.18.

Item 10.18

IN THE CHAIR: Pat COX

President

9.   Agenda

The President made the following announcements:

| 1. | The RETT Committee had asked that the Bradbourn recommendation for second reading on development of the trans-European transport network (item 30 of the Agenda) be put to the vote on Wednesday without debate.
  The President stated that the deadline for tabling amendments would therefore be brought forward to 17.00 that day.
  Parliament agreed to the request. |
| --- | --- |

1.

The RETT Committee had asked that the Bradbourn recommendation for second reading on development of the trans-European transport network (item 30 of the Agenda) be put to the vote on Wednesday without debate.

(item 30 of the Agenda)

The President stated that the deadline for tabling amendments would therefore be brought forward to 17.00 that day.

Parliament agreed to the request.

| 2. | The deadline for tabling amendments to the Brok report on the EC-Pakistan cooperation agreement (item 67 of the Agenda) had been extended until 10.00 on Wednesday. |
| --- | --- |

2.

The deadline for tabling amendments to the Brok report on the EC-Pakistan cooperation agreement (item 67 of the Agenda) had been extended until 10.00 on Wednesday.

(item 67 of the Agenda)

| 3. | The motion of censure on the Commission for its role in the Eurostat affair (B5-0189/2004) had obtained the signatures of 65 Members and would therefore be forwarded to the Commission. The President proposed that the debate be held on Wednesday at 21.00 and that, in accordance with Rule 34(5), which stipulated that the vote on the motion of censure must take place at least 48 hours after the opening of the debate, the motion of censure be put to the vote at the May 2004 part-session. |
| --- | --- |

3.

The motion of censure on the Commission for its role in the Eurostat affair (B5-0189/2004) had obtained the signatures of 65 Members and would therefore be forwarded to the Commission. The President proposed that the debate be held on Wednesday at 21.00 and that, in accordance with Rule 34(5), which stipulated that the vote on the motion of censure must take place at least 48 hours after the opening of the debate, the motion of censure be put to the vote at the May 2004 part-session.

The following spoke: on this last point Enrique Barón Crespo, on behalf of the PSE Group, Hans-Gert Poettering, on behalf of the PPE-DE Group, on Enrique Barón Crespo's remarks, Jens-Peter Bonde, Mogens N.J. Camre and Daniel Marc Cohn-Bendit.

10.   Voting time

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

10.1.   Wider Europe — New Neighbourhood policy * (Rule 110a) (final vote)

(Rule 110a) (final vote)

Report on the proposal for a Council decision amending Decision 2000/24/EC to take into account the enlargement of the European Union and the EU's Wider Europe — New Neighbourhood policy [COM(2003) 603 — C5-0501/2003 — 2003/0232(CNS)] — Committee on Budgets.

Rapporteur: Reimer Böge (A5-0198/2004).

The report had been referred back to Committee (Rule 69(2) on 31 March 2004(Item 6.7 of the Minutes)

(Item 6.7 of the Minutes)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 1)

(Voting record: Annex I, Item 1)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0278)

(P5_TA(2004)0278)

10.2.   Tax reductions on energy products in Cyprus * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a Council directive amending Directive 2003/96/EC as regards the possibility for Cyprus to apply, in respect of energy products and electricity, temporary exemptions or reductions in the levels of taxation [COM(2004) 185 — C5-0175/2004 — 2004/0067(CNS)] — Committee on Economic and Monetary Affairs.

Rapporteur: Christa Randzio-Plath (A5-0264/2004)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 2)

(Voting record: Annex I, Item 2)

COMMISSION PROPOSAL and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0279)

(P5_TA(2004)0279)

10.3.   Electronic road toll systems ***II (Rule 110a) (vote)

(Rule 110a) (vote)

Recommendation for second reading on the common position of the Council with a view to adopting a directive of the European Parliament and of the Council on the interoperability of electronic road toll systems in the Community [6277/1/2004 — C5-0163/2004 — 2003/0081(COD)] — Committee on Regional Policy, Transport and Tourism.

Rapporteur: Renate Sommer (A5-0246/2004).

(Qualified majority)

(Qualified majority)

(Voting record: Annex I, Item 3)

(Voting record: Annex I, Item 3)

COMMON POSITION OF THE COUNCIL

Renate Sommer made a statement pursuant to Rule 110a(4).

Declared approved (P5_TA(2004)0280)

(P5_TA(2004)0280)

10.4.   Community Customs Code***I (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 2913/92 establishing the Community Customs Code [COM(2003) 452 — C5-0345/2003 — 2003/0167(COD)] — Committee on Legal Affairs.

Rapporteur: Janelly Fourtou (A5-0255/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 4)

(Voting record: Annex I, Item 4)

COMMISSION PROPOSAL, AMENDMENTS and DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0281)

(P5_TA(2004)0281)

10.5.   European Organisation for the Safety of Air Navigation *** (Rule 110a) (vote)

(Rule 110a) (vote)

Recommendation on the proposal for a Council decision on the conclusion by the European Community of the Protocol on the accession of the European Community to the European Organisation for the Safety of Air Navigation (Eurocontrol) [5747/2004 — COM(2003) 555 — C5-0065/2004 — 2003/0214(AVC)] — Committee on Regional Policy, Transport and Tourism.

Rapporteur: Christine De Veyrac (A5-0215/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 5)

(Voting record: Annex I, Item 5)

DRAFT LEGISLATIVE RESOLUTION

Christine De Veyrac made a statement pursuant to Rule 110a(4).

Adopted by single vote (P5_TA(2004)0282)

(P5_TA(2004)0282)

10.6.   Local border traffic at the external land borders * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a Council regulation on the establishment of a regime of local border traffic at the external land borders of the Member States [COM(2003) 502 — C5-0442/2003 — 2003/0193(CNS)] — Committee on Civil Liberties, Justice and Home Affairs.

Rapporteur: Carmen Cerdeira Morterero (A5-0142/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 6)

(Voting record: Annex I, Item 6)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0283)

(P5_TA(2004)0283)

10.7.   Local border traffic at the temporary external land borders * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a Council regulation on the establishment of a regime of local border traffic at the temporary external land borders between Member States [COM(2003) 502 — C5-0443/2003 — 2003/0194(CNS)] — Committee on Civil Liberties, Justice and Home Affairs.

Rapporteur: Stockton (A5-0141/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 7)

(Voting record: Annex I, Item 7)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0284)

(P5_TA(2004)0284)

10.8.   Information and co-ordination of migration management services * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a Council decision establishing a secure web-based Information and Co-ordination Network for Member States' Migration Management Services [COM(2003) 727 — C5-0612/2003 — 2003/0284(CNS)] — Committee on Civil Liberties, Justice and Home Affairs.

Rapporteur: Ewa Klamt (A5-0145/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 8)

(Voting record: Annex I, Item 8)

DRAFT LEGISLATIVE RESOLUTION

Ewa Klamt made a statement pursuant to Rule 110a(4).

Adopted by single vote (P5_TA(2004)0285)

(P5_TA(2004)0285)

10.9.   Place of supply of services * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a Council directive amending Directive 77/388/EEC as regards the place of supply of services [COM(2003) 822 — C5-0026/2004 — 2003/0329(CNS)] — Committee on Economic and Monetary Affairs.

Rapporteur: Othmar Karas (A5-0233/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 9)

(Voting record: Annex I, Item 9)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0286)

(P5_TA(2004)0286)

10.10.   European Space Agency * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a Council decision on the conclusion of the Framework Agreement between the European Community and the European Space Agency [COM(2004) 85/2 — C5-0099/2004 — 2004/0028(CNS)] — Committee on Industry, Research and Energy.

Rapporteur: Guido Bodrato (A5-0222/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 10)

(Voting record: Annex I, Item 10)

DRAFT LEGISLATIVE RESOLUTION

Adopted by single vote (P5_TA(2004)0287)

(P5_TA(2004)0287)

10.11.   Proposal for a Council Decision establishing the Visa Information System (VIS) * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the proposal for a Council Decision establishing the Visa Information System (VIS) [COM(2004) 99 — C5-0098/2004 — 2004/0029(CNS)] — Committee on Civil Liberties, Justice and Home Affairs.

Rapporteur: Carlos Coelho (A5-0262/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 11)

(Voting record: Annex I, Item 11)

COMMISSION PROPOSAL

Rejected by single vote

Carlos Coelho (rapporteur), had recommended rejection of the Commission proposal. Loyola de Palacio (Vice-President of the Commission) had stated that the Commission maintained its proposal. The matter was therefore referred back to Committee pursuant to Rule 68(3).

The rapporteur spoke on the referral.

10.12.   Obligation of carriers to communicate passenger data * (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the initiative of the Kingdom of Spain with a view to adopting a Council Directive on the obligation of carriers to communicate passenger data [6620/2004 — C5-0111/2004 — 2003/0809(CNS)] — Committee on Civil Liberties, Justice and Home Affairs.

Rapporteur: Jorge Salvador Hernández Mollar (A5-0266/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 12)

(Voting record: Annex I, Item 12)

INITIATIVE OF THE KINDGOM OF SPAIN

Rejected by single vote

The matter was referred back to committee pursuant to Rule 68(3).

10.13.   Irish and UK initiatives on a European Police College * (Rule 110a) (vote)

(Rule 110a) (vote)

Report

| 1. | on the initiative of Ireland with a view to adopting a Council decision amending Decision 2000/820/ JHA establishing a European Police College (CEPOL)
  [15400/2003 — C5-0001/2004 — 2004/0801(CNS)] |
| --- | --- |

1.

on the initiative of Ireland with a view to adopting a Council decision amending Decision 2000/820/ JHA establishing a European Police College (CEPOL)

[15400/2003 — C5-0001/2004 — 2004/0801(CNS)]

| 2. | on the initiative of the United Kingdom with a view to the adoption of a Council decision amending Decision 2000/820/JHA establishing a European Police College (CEPOL)
  [5121/2004 — C5-0040/2004 — 2004/0802(CNS)] — Committee on Civil Liberties, Justice and Home Affairs. |
| --- | --- |

2.

on the initiative of the United Kingdom with a view to the adoption of a Council decision amending Decision 2000/820/JHA establishing a European Police College (CEPOL)

[5121/2004 — C5-0040/2004 — 2004/0802(CNS)] — Committee on Civil Liberties, Justice and Home Affairs.

Rapporteur: Martine Roure (A5-0140/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 13)

(Voting record: Annex I, Item 13)

DRAFT LEGISLATIVE RESOLUTIONS

Adopted by single vote (P5_TA(2004)0288 and P5_TA(2004)0289)

(P5_TA(2004)0288 and P5_TA(2004)0289)

10.14.   Appointment of a member of the ECB Executive Board (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the draft recommendation of the Council concerning the appointment of Mr José Manuel González-Páramo as a member of the Executive Board of the European Central Bank (6315/2004 — C5-0176/2004 — 2004/0808(CNS)) — Committee on Economic and Monetary Affairs.

Rapporteur: Christa Randzio-Plath (A5-0273/2004).

(vote by secret ballot: Rule 136(1))

(vote by secret ballot: Rule 136(1))

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 14)

(Voting record: Annex I, Item 14)

PROPOSAL FOR A DECISION

Christa Randzio-Plath made a statement pursuant to Rule 110a(4).

Adopted by single vote by secret ballot (363 for, 113 against, 52 abstentions) (P5_TA(2004)0290)

(P5_TA(2004)0290)

10.15.   Impact of Community regulations (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the assessment of the impact of Community regulations and the consultation procedures [2003/2079(INI)] — Committee on Legal Affairs.

Rapporteur: Bert Doorn (A5-0221/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 15)

(Voting record: Annex I, Item 15)

MOTION FOR A RESOLUTION

Adopted by single vote (P5_TA(2004)0291)

(P5_TA(2004)0291)

10.16.   Equal opportunities for the disabled (Rule 110a) (vote)

(Rule 110a) (vote)

Report on the communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions: Equal opportunities for people with disabilities: A European Action Plan [COM(2003) 650 — C5-0039/2004 — 2004/2004(INI)] — Committee on Employment and Social Affairs.

Rapporteur: Mario Mantovani (A5-0263/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 16)

(Voting record: Annex I, Item 16)

MOTION FOR A RESOLUTION

Adopted by single vote (P5_TA(2004)0292)

(P5_TA(2004)0292)

10.17.   Coordination of social security systems ***II (vote)

(vote)

Recommendation for second reading on the common position of the Council with a view to adopting a Regulation of the European Parliament and of the Council on the coordination of social security systems [15577/6/2003 — C5-0043/2004 — 1998/0360(COD)] — Committee on Employment and Social Affairs.

Rapporteur: Jean Denise Lambert (A5-0234/2004).

(Qualified majority)

(Qualified majority)

(Voting record: Annex I, Item 17)

(Voting record: Annex I, Item 17)

COMMON POSITION OF THE COUNCIL

Declared approved as amended (P5_TA(2004)0293)

(P5_TA(2004)0293)

10.18.   Minimum safety requirements for tunnels in the Trans-European Road Network ***II (vote)

(vote)

Recommendation for second reading on the common position of the Council with a view to adopting a directive of the European Parliament and of the Council on minimum safety requirements for tunnels in the Trans-European Road Network [5238/1/2004 — C5-0118/2004 — 2002/0309(COD)] — Committee on Regional Policy, Transport and Tourism.

Rapporteur: Reinhard Rack (A5-0249/2004).

(Qualified majority)

(Qualified majority)

(Voting record: Annex I, Item 18)

(Voting record: Annex I, Item 18)

COMMON POSITION OF THE COUNCIL

Declared approved (P5_TA(2004)0294)

(P5_TA(2004)0294)

10.19.   Quality of ambient air ***I (vote)

(vote)

Report on the proposal for a European Parliament and Council directive relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air [COM(2003) 423 — C5-0331/2003 — 2003/0164(COD)] — Committee on the Environment, Public Health and Food Safety.

Rapporteur: Hans Kronberger (A5-0047/2004).

The debate took place on 9 March 2004(Minutes of 19.03.2004, Item 19)

(Minutes of 19.03.2004, Item 19)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 19)

(Voting record: Annex I, Item 19)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2004)0295)

(P5_TA(2004)0295)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0295)

(P5_TA(2004)0295)

10.20.   Cooperation on consumer protection ***I (vote)

(vote)

Report on the proposal for a European Parliament and Council regulation on cooperation between national authorities responsible for the enforcement of consumer protection laws (‘the regulation on consumer protection cooperation’) [COM(2003) 443 — C5-0335/2003 — 2003/0162(COD)] — Committee on Legal Affairs.

Rapporteur: Evelyne Gebhardt (A5-0191/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 20)

(Voting record: Annex I, Item 20)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2004)0296)

(P5_TA(2004)0296)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0296)

(P5_TA(2004)0296)

10.21.   Consumer credit ***I (vote)

(vote)

Report on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws, regulations and administrative provisions of the Member States concerning credit for consumers [COM(2002) 443 — C5-0420/2002 — 2002/0222(COD)] — Committee on Legal Affairs.

Rapporteur: Joachim Wuermeling (A5-0224/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 21)

(Voting record: Annex I, Item 21)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2004)0297)

(P5_TA(2004)0297)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0297)

(P5_TA(2004)0297)

The following spoke:

The following spoke:

Joachim Wuermeling, rapporteur, proposed that a number of amendments on which separate votes had been requested be put to the vote collectively. Arlene McCarthy, on behalf of the PSE Group, agreed to this proposal on condition that amendments 38, 39, 80, 102, 122, 127 and 128 be put to the vote individually. The President indicated that amendments 38, 39 and 102 had been withdrawn. The rapporteur agreed to Arlene McCarthy's request.

Joachim Wuermeling moved an oral amendment to amendment 178, which was not agreed to as more than 32 Members opposed this.

In reply to a remark by Arlene McCarthy, the rapporteur confirmed that amendment 206 had fallen.

10.22.   Unfair business-to-consumer commercial practices ***I (vote)

(vote)

Report on the proposal for a European Parliament and Council directive concerning unfair business-toconsumer commercial practices in the Internal Market and amending Directives 84/450/EEC, 97/7/EC and 98/27/EC (the Unfair Commercial Practices Directive) [COM(2003) 356 — C5-0288/2003 — 2003/0134(COD)] — Committee on Legal Affairs.

Rapporteur: Fiorella Ghilardotti (A5-0188/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 22)

(Voting record: Annex I, Item 22)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2004)0298)

(P5_TA(2004)0298)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0298)

(P5_TA(2004)0298)

10.23.   Residue levels of pesticides in plant and animal products ***I (vote)

(vote)

Report on the proposal for a regulation of the European Parliament and of the Council on maximum residue levels of pesticides in products of plant and animal origin [COM(2003) 117 — C5-0108/2003 — 2003/0052(COD)] — Committee on the Environment, Public Health and Food Safety.

Rapporteur: Robert William Sturdy (A5-0260/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 23)

(Voting record: Annex I, Item 23)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2004)0299)

(P5_TA(2004)0299)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0299)

(P5_TA(2004)0299)

10.24.   Security of natural gas supply ***I (vote)

(vote)

Report on the modification of the legal base and general guideline of the Council in view of the entry into force of a directive of the European Parliament and the Council concerning measures to safeguard security of natural gas supply [15769/2003 — C5-0027/2004 — 2002/0220(COD)] — Committee on Industry, Research and Energy.

Rapporteur: Peter Michael Mombaur (A5-0213/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 24)

(Voting record: Annex I, Item 24)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0299)

(P5_TA(2004)0299)

10.25.   Access to gas transmission networks ***I (vote)

(vote)

Report on the proposal for a regulation of the European Parliament and of the Council on conditions for access to the gas transmission networks [COM(2003) 741 — C5-0644/2003 — 2003/0302(COD)] — Committee on Industry, Research and Energy.

Rapporteur: Esko Olavi Seppänen (A5-0254/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 25)

(Voting record: Annex I, Item 25)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2004)0301)

(P5_TA(2004)0301)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0301)

(P5_TA(2004)0301)

The following spoke:

The following spoke:

Peter Michael Mombaur drew attention to a discrepancy between the German and English versions of amendment 43 and pointed out that the authoritative version was the English one.

10.26.   Eco-design requirements for Energy-Using Products ***I (vote)

(vote)

Report on the proposal for a directive of the European Parliament and of the Council on establishing a framework for the setting of Eco-design requirements for Energy-Using Products and amending Council Directive 92/42/EEC [COM(2003) 453 — C5-0369/2003 — 2003/0172(COD)] — Committee on the Environment, Public Health and Food Safety.

Rapporteur: Astrid Thors (A5-0171/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 26)

(Voting record: Annex I, Item 26)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2004)0302)

(P5_TA(2004)0302)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0302)

(P5_TA(2004)0302)

10.27.   Greenhouse gas emission allowance trading ***I (vote)

(vote)

Report on the proposal for a directive of the European Parliament and of the Council amending the Directive establishing a scheme for greenhouse gas emission allowance trading within the Community, in respect of the Kyoto Protocol's project mechanisms [COM(2003) 403 — C5-0355/2003 — 2003/0173(COD)] — Committee on the Environment, Public Health and Food Safety.

Rapporteur: Alexander de Roo (A5-0154/2004)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 27)

(Voting record: Annex I, Item 27)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2004)0303)

(P5_TA(2004)0303)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0303)

(P5_TA(2004)0303)

10.28.   Batteries and accumulators ***I (vote)

(vote)

Report on the proposal for a directive of the European Parliament and of the Council on batteries and accumulators and spent batteries and accumulators [COM(2003) 723 — C5-0563/2003 — 2003/0282(COD)] — Committee on the Environment, Public Health and Food Safety.

Rapporteur: Johannes (Hans) Blokland (A5-0265/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 28)

(Voting record: Annex I, Item 28)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2004)0304)

(P5_TA(2004)0304)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0304)

(P5_TA(2004)0304)

10.29.   Charging HGVs for infrastructure ***I (vote)

(vote)

Report on the proposal for a European Parliament and Council directive amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures [COM(2003) 448 — C5-0351/2003 — 2003/0175(COD)] — Committee on Regional Policy, Transport and Tourism.

Rapporteur: Luigi Cocilovo (A5-0220/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 29)

(Voting record: Annex I, Item 29)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2004)0305)

(P5_TA(2004)0305)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0305)

(P5_TA(2004)0305)

The following spoke:

The following spoke:

Gilles Savary drew attention to a mistake in the French version of amendment 48.

10.30.   Social legislation relating to road transport ***I (vote)

(vote)

Report on the proposal for a European Parliament and Council directive on minimum conditions for the implementation of Directive 2002/15/EC and Council Regulations (EEC) Nos 3820/85 and 3821/85 concerning social legislation relating to road transport activities [COM(2003) 628 — C5-0601/2003 — 2003/0255(COD)] — Committee on Regional Policy, Transport and Tourism.

Rapporteur: Helmuth Markov (A5-0216/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 30)

(Voting record: Annex I, Item 30)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2004)0306)

(P5_TA(2004)0306)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0306)

(P5_TA(2004)0306)

10.31.   European Refugee Fund 2005-2010 * (vote)

(vote)

Report on the proposal for a Council decision establishing the European Refugee Fund for the period 2005-2010 [COM(2004) 102 — C5-0096/2004 — 2004/0032(CNS)] — Committee on Civil Liberties, Justice and Home Affairs.

Rapporteur: Gérard Deprez (A5-0267/2004)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 31)

(Voting record: Annex I, Item 31)

COMMISSION PROPOSAL

Approved as amended (P5_TA(2004)0307)

(P5_TA(2004)0307)

DRAFT LEGISLATIVE RESOLUTION

Adopted (P5_TA(2004)0307)

(P5_TA(2004)0307)

10.32.   Thematic strategy on the prevention and recycling of waste (vote)

(vote)

Report on the communication from the Commission: Towards a thematic strategy on the prevention and recycling of waste [COM(2003) 301 — C5-0385/2003 — 2003/2145(INI)] — Committee on the Environment, Public Health and Food Safety.

Rapporteur: Karl-Heinz Florenz (A5-0176/2004).

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 32)

(Voting record: Annex I, Item 32)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2004)0308)

(P5_TA(2004)0308)

10.33.   Respect for and promotion of the values on which the Union is based (vote)

(vote)

Report on respect for and promotion of the values on which the Union is based [COM(2003) 606 — C5-0594/2003 — 2003/2249(INI)] — Committee on Constitutional Affairs.

Rapporteur: Johannes Voggenhuber (A5-0227/2004)

(Simple majority)

(Simple majority)

(Voting record: Annex I, Item 33)

(Voting record: Annex I, Item 33)

MOTION FOR A RESOLUTION

Adopted (P5_TA(2004)0309)

(P5_TA(2004)0309)

*

- *

The items which had not been put to the vote due to lack of time were held over to voting time on Wednesday.

11.   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 de Roo — A5-0154/2004

| — | Marialiese Flemming, on behalf of the Austrian members of the PPE-DE Group |
| --- | --- |

—

Marialiese Flemming, on behalf of the Austrian members of the PPE-DE Group

Report Cocilovo — A5-0220/2004

| — | Michl Ebner |
| --- | --- |

—

Michl Ebner

Report Voggenhuber — A5-0227/2004

| — | Miquel Mayol i Raynal |
| --- | --- |

—

Miquel Mayol i Raynal

Report Wuermeling — A5-0224/2004

| — | Astrid Thors, Theresa Villiers |
| --- | --- |

—

Astrid Thors, Theresa Villiers

12.   Corrections to votes

Corrections to votes were submitted by the following Members:

Report Wuermeling — A5-0224/2004

| — | amendment 48

  for: Lone Dybkjær, Karin Riis-Jørgensen |
| --- | --- |

—

amendment 48

for: Lone Dybkjær, Karin Riis-Jørgensen

for:

| — | amendment 173

  for: Othmar Karas |
| --- | --- |

—

amendment 173

for: Othmar Karas

for:

| — | amendment 201

  for: Eurig Wyn |
| --- | --- |

—

amendment 201

for: Eurig Wyn

for:

| — | amendment 202

  for: Claude Turmes

  against: Dagmar Roth-Behrendt |
| --- | --- |

—

amendment 202

for: Claude Turmes

for:

against: Dagmar Roth-Behrendt

against:

Report Thors — A5-0171/2004

| — | amendment 1

  for: Othmar Karas |
| --- | --- |

—

amendment 1

for: Othmar Karas

for:

Report Blokland — A5-0265/2004

| — | amendment 23

  for: David Robert Bowe |
| --- | --- |

—

amendment 23

for: David Robert Bowe

for:

Report Cocilovo — A5-0220/2004

| — | amendment 53

  for: Christa Prets, Marialiese Flemming

  against: Alexander Radwan |
| --- | --- |

—

amendment 53

for: Christa Prets, Marialiese Flemming

for:

against: Alexander Radwan

against:

| — | amendment 54

  for: Marialiese Flemming

  against: Alexander Radwan |
| --- | --- |

—

amendment 54

for: Marialiese Flemming

for:

against: Alexander Radwan

against:

| — | amendment 55

  against: Alexander Radwan |
| --- | --- |

—

amendment 55

against: Alexander Radwan

against:

| — | amendment 56

  for: Christa Prets

  against: Alexander Radwan

  abstentions: Hans-Peter Martin |
| --- | --- |

—

amendment 56

for: Christa Prets

for:

against: Alexander Radwan

against:

abstentions: Hans-Peter Martin

abstentions:

| — | amendment 48

  against: Alexander Radwan

  abstentions: Armonia Bordes |
| --- | --- |

—

amendment 48

against: Alexander Radwan

against:

abstentions: Armonia Bordes

abstentions:

Report Markov — A5-0216/2004

| — | amendment 52 and 58 (identical)

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

—

amendment 52 and 58 (identical)

for: Pervenche Berès

for:

Report Florenz — A5-0176/2004

| — | amendment 11

  for: Armonia Bordes

  against: Rainer Wieland |
| --- | --- |

—

amendment 11

for: Armonia Bordes

for:

against: Rainer Wieland

against:

| — | amendment 15

  for: Jan Andersson, Göran Färm, Ewa Hedkvist Petersen, Hans Karlsson, Yvonne Sandberg-Fries, Maj Britt Theorin |
| --- | --- |

—

amendment 15

for: Jan Andersson, Göran Färm, Ewa Hedkvist Petersen, Hans Karlsson, Yvonne Sandberg-Fries, Maj Britt Theorin

for:

| — | amendment 20

  against: Linda McAvan, Claude Moraes, Othmar Karas |
| --- | --- |

—

amendment 20

against: Linda McAvan, Claude Moraes, Othmar Karas

against:

Members present but not voting:

Members present but not voting:

Gerhard Hager was present, but had not been able to take part in all the votes.

Armonia Bordes and Arlette Laguiller were present, but did not take part in the vote on the Fourtou report (A5-0255/2004) and on Amendments 53, 54, 55 and 56 to the Cocilovo report (A5-0220/2004).

(The sitting, suspended at 14.15, resumed at 15.10.)

(The sitting, suspended at 14.15, resumed at 15.10.)

13.   Address by Mr Barnier

The President, having first indicated that he had just joined the President of Rwanda in commemorating the 10th anniversary of the genocide, welcomed to the House Mr Barnier, former Member of the Commission and currently Foreign Minister in the French Government.

Addressing the House, Mr Barnier thanked in particular the President of Parliament and all those with whom he had worked during his period of office at the Commission.

Giorgio Napolitano, Chairman of the AFCO Committee, spoke.

IN THE CHAIR: David W. MARTIN

Vice-President

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

(announcement of motions for resolutions tabled)

Pursuant to Rule 50, the following Members or political groups had requested that such a debate be held on the following motions for resolution:

I.   CUBA

Concepció Ferrer, José Ignacio Salafranca Sánchez-Neyra, Bernd Posselt and Lennart Sacrédeus, on behalf of the PPE-DE Group, on the human rights situation in Cuba, one year after the mass detention of dissidents (B5-0192/2004);

Cecilia Malmström and Bob van den Bos, on behalf of the ELDR Group, on the human rights situation in Cuba, one year after the mass detention of dissidents (B5-0201/2004);

Alain Lipietz, Josu Ortuondo Larrea and Monica Frassoni, on behalf of the Verts/ALE Group, on the human rights situation in Cuba, one year after the mass detention of dissidents (B5-0204/2004);

Bastiaan Belder, on behalf of the EDD Group, on the human rights situation in Cuba, one year after the mass detention of dissidents (B5-0207/2004);

Ana Miranda de Lage and Margrietus J. van den Berg, on behalf of the PSE Group, on Cuba (B5-0208/2004);

Luisa Morgantini, Pernille Frahm and Herman Schmid, on behalf of the GUE/NGL Group, on the situation in Cuba (B5-0212/2004);

Luís Queiró and José Ribeiro e Castro, on behalf of the UEN Group, on Cuba (B5-0214/2004).

II.   SPORT PRODUCTS FOR THE OLYMPIC GAMES

Stephen Hughes, Marie-Hélène Gillig, Anna Karamanou and Margrietus J. van den Berg, on behalf of the PSE Group, Jean Denise Lambert, Theodorus J.J. Bouwman and Hiltrud Breyer, on behalf of the Verts/ALE Group, Emmanouil Bakopoulos, Sylvia-Yvonne Kaufmann and Dimitrios Koulourianos, on behalf of the GUE/NGL Group, on respect for core labour rights in the production of Olympic sports goods (B5-0191/2004);

Anne Elisabet Jensen, on behalf of the ELDR Group, on respect for core labour rights in the production of Olympic sports goods (B5-0200/2004);

Bartho Pronk, on behalf of the PPE-DE Group, on respect for core labour rights in the production of Olympic sports goods (B5-0202/2004);

Brian Crowley, on behalf of the UEN Group, on respect for labour rights in the production of Olympic sports goods (B5-0210/2004);

III.   NIGERIA

Niall Andrews, on behalf of the UEN Group, on the killings of Christians in Nigeria (B5-0194/2004);

Charles Tannock, John Alexander Corrie, Lennart Sacrédeus and Bernd Posselt, on the killings of Christians in Nigeria (B5-0203/2004);

Didier Rod, Marie Anne Isler Béguin and Nelly Maes, on behalf of the Verts/ALE Group, on the conflict between communities in Nigeria (B5-0205/2004);

Bastiaan Belder, on behalf of the EDD Group, on the killings of Christians in Nigeria (B5-0206/2004);

Margrietus J. van den Berg, on behalf of the PSE Group, over Nigeria (B5-0209/2004);

Bob van den Bos, on behalf of the ELDR Group, on the situation in Nigeria (B5-0211/2004);

Yasmine Boudjenah, on behalf of the GUE/NGL Group, on the conflict between communities in Nigeria (B5-0213/2004);

Speaking time would be allocated in accordance with Rule 120.

15.   Approval of Minutes of previous sitting

The Minutes of the previous sitting were approved.

16.   Documents received

The following documents had been received:

| 1) | from committees







  1.1) | reports:







  — | Report on the consequences of the sex industry in the European Union — 2003/2107(INI)) — Committee on Women's Rights and Equal Opportunities.
  Rapporteur: Mrs Eriksson (A5-0274/2004). |
| --- | --- | --- | --- |

1)

from committees

from committees

1.1)

reports:

reports:

—

Report on the consequences of the sex industry in the European Union — 2003/2107(INI)) — Committee on Women's Rights and Equal Opportunities.

Rapporteur: Mrs Eriksson (A5-0274/2004).

| — | * Report on the proposal for a Council decision on the Cooperation Agreement between the European Community and the Islamic Republic of Pakistan on Partnership and Development (8108/99 — C5-0659/2001 — 1998/0199(CNS)) — Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy.
  Rapporteur: Mr Brok (A5-0275/2004). |
| --- | --- |

—

- Report on the proposal for a Council decision on the Cooperation Agreement between the European Community and the Islamic Republic of Pakistan on Partnership and Development (8108/99 — C5-0659/2001 — 1998/0199(CNS)) — Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy.

Rapporteur: Mr Brok (A5-0275/2004).

| — | * Report on the proposal for a Council directive amending Directive 2003/49/EC as regards the possibility for certain Member States to apply transitional periods for the application of a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States (COM(2004) 243 — C5-0187/2004 — 2004/0076(CNS)) (Simplified procedure — Rule 158(1) of the Rules of Procedure) — Committee on Economic and Monetary Affairs.
  Rapporteur: Mrs Randzio-Plath (A5-0276/2004). |
| --- | --- |

—

- Report on the proposal for a Council directive amending Directive 2003/49/EC as regards the possibility for certain Member States to apply transitional periods for the application of a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States (COM(2004) 243 — C5-0187/2004 — 2004/0076(CNS)) (Simplified procedure — Rule 158(1) of the Rules of Procedure) — Committee on Economic and Monetary Affairs.

Rapporteur: Mrs Randzio-Plath (A5-0276/2004).

| — | * Report on the proposal for a Council decision on guidelines for the employment policies of the Member States (COM(2004) 239 — C5-0188/2004 — 2004/0082(CNS)) — Committee on Employment and Social Affairs.
  Rapporteur: Mrs Hermange (A5-0277/2004). |
| --- | --- |

—

- Report on the proposal for a Council decision on guidelines for the employment policies of the Member States (COM(2004) 239 — C5-0188/2004 — 2004/0082(CNS)) — Committee on Employment and Social Affairs.

Rapporteur: Mrs Hermange (A5-0277/2004).

| — | ***I Report on the proposal for a regulation of the European Parliament and the Council amending Regulation (EC) No 975/1999 laying down the requirements for the implementation of development cooperation operations which contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms [COM(2003) 639 — C5-0507/2003 — 2003/0250(COD)] — Committee on Development and Cooperation.
  Rapporteur: Fernando Fernández Martín (A5-0279/2004). |
| --- | --- |

—

***I Report on the proposal for a regulation of the European Parliament and the Council amending Regulation (EC) No 975/1999 laying down the requirements for the implementation of development cooperation operations which contribute to the general objective of developing and consolidating democracy and the rule of law and to that of respecting human rights and fundamental freedoms [COM(2003) 639 — C5-0507/2003 — 2003/0250(COD)] — Committee on Development and Cooperation.

Rapporteur: Fernando Fernández Martín (A5-0279/2004).

| — | Report on the Commission recommendation on the 2004 update of the Broad Guidelines of the Economic Policies of the Member States and the Community (for the 2003-2005 period) [COM(2004) 238 — C5-0183/2004 — 2004/2020(INI)] — Committee on Economic and Monetary Affairs.
  Rapporteur: Christa Randzio-Plath (A5-0280/2004). |
| --- | --- |

—

Report on the Commission recommendation on the 2004 update of the Broad Guidelines of the Economic Policies of the Member States and the Community (for the 2003-2005 period) [COM(2004) 238 — C5-0183/2004 — 2004/2020(INI)] — Committee on Economic and Monetary Affairs.

Rapporteur: Christa Randzio-Plath (A5-0280/2004).

| 1.2) | recommendations for second reading:







  — | *** II Recommendation for second reading on the common position adopted by the Council with a view to adopting a European Parliament and Council decision amending Decision No 1692/96/EC on Community guidelines for the development of the trans-European transport network (5762/1/2004 — C5-0184/2004 — 2001/0229(COD)) — Committee on Regional Policy, Transport and Tourism.
  Rapporteur: Mr Bradbourn (A5-0278/2004). |
| --- | --- | --- |

1.2)

recommendations for second reading:

recommendations for second reading:

—

*** II Recommendation for second reading on the common position adopted by the Council with a view to adopting a European Parliament and Council decision amending Decision No 1692/96/EC on Community guidelines for the development of the trans-European transport network (5762/1/2004 — C5-0184/2004 — 2001/0229(COD)) — Committee on Regional Policy, Transport and Tourism.

Rapporteur: Mr Bradbourn (A5-0278/2004).

| 2) | from Members







  2.1) | written declarations for entry in the Register (Rule 51)







  — | Carmen Cerdeira Morterero, on access for the disabled in the 2004 European Elections (No 33/2004) |
| --- | --- | --- | --- |

2)

from Members

from Members

2.1)

written declarations for entry in the Register (Rule 51)

written declarations for entry in the Register (Rule 51)

—

Carmen Cerdeira Morterero, on access for the disabled in the 2004 European Elections (No 33/2004)

17.   Written declarations (Rule 51)

(Rule 51)

In accordance with Rule 51(5), written declarations Nos 2 et 3/2004 lapsed as they had not obtained the required number of signatures.

18.   Policy challenges and budgetary means of the enlarged Union 2007-2013 (debate)

(debate)

Report on the communication from the Commission to the Council and to the European Parliament on ‘Building our common future — policy challenges and budgetary means of the enlarged Union 2007-2013’ [COM(2004) 101 — C5-0089/2004 — 2004/2006(INI)] — Committee on Budgets.

Rapporteur: Terence Wynn (A5-0268/2004)

Terence Wynn introduced the report.

Dick Roche (President-in-Office of the Council) spoke.

Michaele Schreyer (Member of the Commission) spoke.

The following spoke: Véronique De Keyser (draftsman of the opinion of the AFET Committee), Jan Mulder (draftsman of the opinion of the CONT Committee), Friedrich-Wilhelm Graefe zu Baringdorf (draftsman of the opinion of the AGRI Committee), Brigitte Langenhagen (draftsman of the opinion of the PECH Committee), Samuli Pohjamo (draftsman of the opinion of the RETT Committee), Ulpu Iivari (draftsman of the opinion of the CULT Committee), Nirj Deva (draftsman of the opinion of the DEVE Committee), James E.M. Elles, on behalf of the PPE-DE Group, Bárbara Dührkop Dührkop, on behalf of the PSE Group, Kyösti Tapio Virrankoski, on behalf of the ELDR Group, Ilda Figueiredo, on behalf of the GUE/NGL Group, and Liam Hyland, on behalf of the UEN Group.

IN THE CHAIR: José PACHECO PEREIRA

Vice-President

Vice-President

The following spoke: Reimer Böge and Jutta D. Haug.

The debate closed.

Vote: Minutes of 22.04.2004, Item 7.17.

Minutes of 22.04.2004, Item 7.17

19.   Third report on economic and social cohesion (debate)

(debate)

Report on the Third report on economic and social cohesion [COM(2004) 107 — C5-0092/2004 — 2004/2005(INI) — Committee on Regional Policy, Transport and Tourism.

Rapporteur: Konstantinos Hatzidakis (A5-0272/2004)

Konstantinos Hatzidakis introduced the report.

Franz Fischler (Member of the Commission) spoke.

The following spoke: Myrsini Zorba (draftsman of the opinion of the ITRE Committee), Elspeth Attwooll (draftsman of the opinion of the EMPL Committee), Agnes Schierhuber (draftsman of the opinion of the AGRI Committee), Marie-Hélène Gillig (draftsman of the opinion of the FEMM Committee), José Javier Pomés Ruiz, on behalf of the PPE-DE Group, Juan de Dios Izquierdo Collado, on behalf of the PSE Group, Samuli Pohjamo, on behalf of the ELDR Group, Elisabeth Schroedter, on behalf of the Verts/ALE Group, Margie Sudre, Arlene McCarthy, Camilo Nogueira Román, Rolf Berend, Garrelt Duin, Juan Manuel Ferrández Lezaun, Emmanouil Mastorakis, Ewa Hedkvist Petersen, Catherine Guy-Quint and Franz Fischler.

The debate closed.

Vote: Minutes of 22.04.2004, Item 7.18.

Minutes of 22.04.2004, Item 7.18

20.   Commission's annual policy strategy for 2005 (debate)

(debate)

Report on the 2005 budget: the Commission's annual policy strategy [2004/2001(BUD)] — Committee on Budgets.

Rapporteur: Salvador Garriga Polledo (A5-0269/2004)

Salvador Garriga Polledo introduced the report.

Michaele Schreyer (Member of the Commission) spoke.

The following spoke: José Ignacio Salafranca Sánchez-Neyra (draftsman of the opinion of the AFET Committee), Paul Rübig (draftsman of the opinion of the ITRE Committee), Bartho Pronk (draftsman of the opinion of the EMPL Committee), María Esther Herranz García (draftsman of the opinion of the AGRI Committee), Brigitte Langenhagen (draftsman of the opinion of the PECH Committee), Catherine Guy-Quint (draftsman of the opinion of the RETT Committee), Lissy Gröner (draftsman of the opinion of the FEMM Committee), Markus Ferber, on behalf of the PPE-DE Group, Ralf Walter, on behalf of the PSE Group, Samuli Pohjamo, on behalf of the ELDR Group, Kathalijne Maria Buitenweg, on behalf of the Verts/ALE Group, and Franz Turchi, on behalf of the UEN Group.

The debate closed.

Vote: Minutes of 22.04.2004, Item 7.19.

Minutes of 22.04.2004, Item 7.19

21.   Parliament's preliminary estimates for 2005 (debate)

(debate)

Report on the 2005 budget: Parliament's estimates of revenue and expenditure [2004/2007(BUD)] — Committee on Budgets.

Rapporteur: Wilfried Kuckelkorn (A5-0236/2004)

Wilfried Kuckelkorn introduced the report.

IN THE CHAIR: Ingo FRIEDRICH

Vice-President

Markus Ferber spoke, on behalf of the PPE-DE Group.

The debate closed.

Vote: Minutes of 22.04.2004, Item 7.20.

Minutes of 22.04.2004, Item 7.20

22.   Eurostat — 2002 discharge: Section III of the general budget — 2002 discharge: 6th, 7th and 8th EDF — 2002 discharge: Sections II, IV, V, VI, VII and VIII of the general budget — 2002 discharge: Section I of the general budget — 2002 discharge: decentralised agencies — 2002 discharge: ECSC (debate)

(debate)

Commission statement: Eurostat

Report on the discharge to be granted for the implementation of the general budget of the European Union for 2002 (Commission) [SEC(2003) 1104 — C5-0564/2003 — 2003/2210(DEC)] — Committee on Budgetary Control.

Rapporteur: Juan José Bayona de Perogordo (A5-0200/2004)

Report on the discharge to the Commission in respect of the implementation of the budget of the sixth, seventh and eighth European Development Funds for the 2002 financial year [COM(2003) 475 — C5-0496/2003 — 2003/2189(DEC)] — Committee on Budgetary Control.

Rapporteur: Jonas Sjöstedt (A5-0183/2004)

Report on the discharge to be granted for the implementation of the 2002 budget:

| 1. | Section II, Council, |
| --- | --- |

1.

Section II, Council,

| 2. | Section IV, Court of Justice, |
| --- | --- |

2.

Section IV, Court of Justice,

| 3. | Section V, Court of Auditors, |
| --- | --- |

3.

Section V, Court of Auditors,

| 4. | Section VI, Economic and Social Committee, |
| --- | --- |

4.

Section VI, Economic and Social Committee,

| 5. | Section VII, Committee of the Regions, |
| --- | --- |

5.

Section VII, Committee of the Regions,

| 6. | Section VIII, Ombudsman. |
| --- | --- |

6.

Section VIII, Ombudsman.

[I5-0034/2004 — C5-0088/2004 — 2003/2212(DEC), 2003/2213(DEC), 2003/2214(DEC), 2003/2215(DEC), 2003/2216(DEC), 2003/2217(DEC)] — Committee on Budgetary Control.

Rapporteur: Gabriele Stauner (A5-0228/2004)

Report concerning discharge in respect of the implementation of the general budget of the European Union of the 2002 financial year

Section I — European Parliament [I5-0034/2004 — C5-0088/2004 — 2003/2211(DEC)] — Committee on Budgetary Control.

Rapporteur: Michiel van Hulten (A5-0218/2004)

Report on the discharges for 2002 to the:

| 1. | European Agency for Reconstruction [C5-0632/2003 — 2003/2242(DEC)], |
| --- | --- |

1.

European Agency for Reconstruction [C5-0632/2003 — 2003/2242(DEC)],

| 2. | European Agency for Safety and Health at Work [C5-0636/2003 — 2003/2246(DEC)], |
| --- | --- |

2.

European Agency for Safety and Health at Work [C5-0636/2003 — 2003/2246(DEC)],

| 3. | European Environment Agency [C5-0635/2003 — 2003/2245(DEC)], |
| --- | --- |

3.

European Environment Agency [C5-0635/2003 — 2003/2245(DEC)],

| 4. | European Agency for the Evaluation of Medicinal Products [C5-0638/2003 — 2003/2255(DEC)], |
| --- | --- |

4.

European Agency for the Evaluation of Medicinal Products [C5-0638/2003 — 2003/2255(DEC)],

| 5. | Translation Centre for the Bodies of the European Union [C5-0637/2003 — 2003/2247(DEC)], |
| --- | --- |

5.

Translation Centre for the Bodies of the European Union [C5-0637/2003 — 2003/2247(DEC)],

| 6. | European Centre for the Development of Vocational Training [C5-0630/2003 — 2003/2240(DEC)], |
| --- | --- |

6.

European Centre for the Development of Vocational Training [C5-0630/2003 — 2003/2240(DEC)],

| 7. | Eurojust [C5-0662/2003 — 2003/2256(DEC)], |
| --- | --- |

7.

Eurojust [C5-0662/2003 — 2003/2256(DEC)],

| 8. | European Training Foundation [C5-0641/2003 — 2003/2259(DEC)]. |
| --- | --- |

8.

European Training Foundation [C5-0641/2003 — 2003/2259(DEC)].

| 9. | European Foundation for the Improvement of Living and Working Conditions [C5-0631/2003 — 2003/2241(DEC)] |
| --- | --- |

9.

European Foundation for the Improvement of Living and Working Conditions [C5-0631/2003 — 2003/2241(DEC)]

| 10. | European Monitoring Centre for Drugs and Drug Addiction [C5-0634/2003 — 2003/2244(DEC)] |
| --- | --- |

10.

European Monitoring Centre for Drugs and Drug Addiction [C5-0634/2003 — 2003/2244(DEC)]

| 11. | European Monitoring Centre on Racism and Xenophobia [C5-0633/2003 — 2003/2243(DEC)] — Committee on Budgetary Control. |
| --- | --- |

11.

European Monitoring Centre on Racism and Xenophobia [C5-0633/2003 — 2003/2243(DEC)] — Committee on Budgetary Control.

Rapporteur: Jan Mulder (A5-0212/2004)

Report concerning discharge for the financial management of the European Coal and Steel Community (ECSC) for the financial year ended 23 July 2002 [C5-0646/2003 — 2003/2218(DEC)] — Committee on Budgetary Control.

Rapporteur: Heide Rühle (A5-0201/2004)

Franz Fischler (Member of the Commission) made the statement.

Juan José Bayona de Perogordo introduced the report (A5-0200/2004).

Jonas Sjöstedt introduced the report (A5-0183/2004).

Gabriele Stauner introduced the report (A5-0228/2004).

Michiel van Hulten introduced the report (A5-0218/2004).

(As it was time for the Commission communication, the debate was suspended at that point. It would resume at 21.00) (Item 26).

(Item 26)

23.   Agenda

In view of the various changes made to the Agenda, (Item 14 of Minutes of 19.04.2004 and Item 9 of these Minutes), the President proposed, in agreement with the political groups, to cancel Wednesday's Question Time with the Council.

(Item 14 of Minutes of 19.04.2004 and Item 9 of these Minutes)

Parliament agreed to this proposal.

24.   Application for membership from Croatia (Commission communication)

(Commission communication)

Commission communication: Opinion of the Commission on the application for membership from Croatia

The President welcomed in the gallery a delegation from Croatia led by the Foreign Minister.

Commissioners Christopher Patten and Günther Verheugen made the communication.

The following spoke under the ‘catch the eye’ procedure: and put questions which Christopher Patten answered: Olivier Dupuis, Sarah Ludford and Alexandros Baltas.

IN THE CHAIR: Alonso José PUERTA

Vice-President

The following also put questions under the same procedure: Joost Lagendijk and Doris Pack, who were answered by Günther Verheugen as well as Miet Smet and Michl Ebner, who were answered by Christopher Patten.

The item was closed.

25.   Question Time (Commission)

(Commission)

Parliament considered a number of questions to the Commission (B5-0071/2004).

First part

First part

Question 25 by Michl Ebner: Liberalisation of the electricity market — concessions for major water transfers for hydroelectric purposes.

Question 25

Loyola de Palacio (Vice-President of the Commission) answered the question and supplementaries by Michl Ebner and Carlos Lage.

Question 26 by Linda McAvan: Corporate Social Responsibility.

Question 26

Stavros Dimas (Member of the Commission) answered the question and supplementaries by Linda McAvan and Philip Bushill-Matthews.

Question 27 by Carlos Lage: Closure of the Bombardier company's European plants.

Question 27

Stavros Dimas answered the question and supplementaries by Carlos Lage, Regina Bastos, Ilda Figueiredo and Malcolm Harbour.

Göran Färm spoke on Commissioner Schreyer's unwillingness to answer a question he had put to the Commission (the President took note of his remarks).

Second part

Second part

Question 28 by Ulla Margrethe Sandbæk: Follow-up to pilot projects and transformation in multi-annual programmes.

Question 28

Michaele Schreyer (Member of the Commission) answered the question and a supplementary by Glenys Kinnock (deputising for the author).

Question 29 by Othmar Karas: Study on the consequences of Basel II for small and medium-sized enterprises.

Question 29

Frits Bolkestein (Member of the Commission) answered the question and supplementaries by Othmar Karas, Paul Rübig and Enric Morera Català.

Question 30 by Bill Newton Dunn: Theft of personal data.

Question 30

Frits Bolkestein answered the question and supplementaries by Bill Newton Dunn and Reino Paasilinna.

Question 31 by Malcolm Harbour: Gambelli Ruling.

Question 31

Frits Bolkestein answered the question and a supplementary by Malcolm Harbour.

Question 32 by Reino Paasilinna: Media concentration.

Question 32

Frits Bolkestein answered the question and a supplementary by Reino Paasilinna.

Question 33 by Miguel Angel Martínez Martínez: Clarification of the Commission's replies concerning Cuba.

Question 33

Poul Nielson (Member of the Commission) answered the question and supplementaries by Miguel Angel Martínez Martínez, Efstratios Korakas and Nikolaos Chountis.

Question 34 by Patricia McKenna: IMF programmes and the EC's overall objective of poverty eradication.

Question 34

Poul Nielson answered the question and a supplementary by Patricia McKenna.

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

Commission Question Time closed.

(The sitting, suspended at 20.10, resumed at 21.00.)

(The sitting, suspended at 20.10, resumed at 21.00.)

IN THE CHAIR: Gerhard SCHMID

Vice-President

26.   Eurostat — 2002 discharge: Section III of the general budget — 2002 discharge: 6th, 7th and 8th EDF — 2002 discharge: Sections II, IV, V, VI, VII and VIII of the general budget — 2002 discharge: Section I of the general budget — 2002 discharge: decentralised agencies — 2002 discharge: ECSC (continuation of debate)

(continuation of debate)

Jan Mulder introduced the report (A5-0212/2004).

Bart Staes (deputising for the rapporteur) introduced the report.

Michaele Schreyer (Member of the Commission).

The following spoke: Bartho Pronk (draftsman of the opinion of the EMPL Committee), Miet Smet (draftsman of the opinion of the FEMM Committee), Ursula Stenzel (draftsman of the opinion of the AFET Committee), Ozan Ceyhun (draftsman of the opinion of the LIBE Committee), Martin Callanan (draftsman of the opinion of the ENVI Committee), Diemut R. Theato, on behalf of the PPE-DE Group, Helmut Kuhne, on behalf of the PSE Group, Ole B. Sørensen, on behalf of the ELDR Group, Bart Staes, on behalf of the Verts/ALE Group, Mogens N.J. Camre, on behalf of the UEN Group, Graham H. Booth, on behalf of the EDD Group, Gianfranco Dell'Alba, Non-attached Member, María Antonia Avilés Perea, Herbert Bösch, Rijk van Dam, Christopher Heaton-Harris, Paulo Casaca, Jens-Peter Bonde and Michaele Schreyer.

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

| — | Jens-Peter Bonde, on behalf of the EDD Group, on Eurostat (B5-0218/2004); |
| --- | --- |

—

Jens-Peter Bonde, on behalf of the EDD Group, on Eurostat (B5-0218/2004);

| — | Heide Rühle and Bart Staes, on behalf of the Verts/ALE Group, on Eurostat (B5-0219/2004); |
| --- | --- |

—

Heide Rühle and Bart Staes, on behalf of the Verts/ALE Group, on Eurostat (B5-0219/2004);

| — | Jan Mulder and Ole B. Sørensen, on behalf of the ELDR Group, on Eurostat (B5-0220/2004); |
| --- | --- |

—

Jan Mulder and Ole B. Sørensen, on behalf of the ELDR Group, on Eurostat (B5-0220/2004);

| — | Freddy Blak, Jonas Sjöstedt and Luigi Vinci, on behalf of the GUE/NGL Group, on the follow-up to the Eurostat affair (B5-0222/2004); |
| --- | --- |

—

Freddy Blak, Jonas Sjöstedt and Luigi Vinci, on behalf of the GUE/NGL Group, on the follow-up to the Eurostat affair (B5-0222/2004);

| — | Enrique Barón Crespo and Helmut Kuhne, on behalf of the PSE Group, on Commission action on Eurostat (B5-0223/2004); |
| --- | --- |

—

Enrique Barón Crespo and Helmut Kuhne, on behalf of the PSE Group, on Commission action on Eurostat (B5-0223/2004);

| — | James E.M. Elles, on behalf of the PPE-DE Group, on Eurostat (B5-0225/2004). |
| --- | --- |

—

James E.M. Elles, on behalf of the PPE-DE Group, on Eurostat (B5-0225/2004).

The debate closed.

Vote: Discharge: Item 10.20, Item 10.21, Item 10.22, Item 10.23, Item 10.12 and Minutes of 21.04.2004, Item 10.13 — Eurostat: Minutes of 22.04.2004, Item 7.22

Discharge: Item 10.20, Item 10.21, Item 10.22, Item 10.23, Item 10.12 and Minutes of 21.04.2004, Item 10.13 — Eurostat: Minutes of 22.04.2004, Item 7.22

27.   EC-USA agreement on PNR * (debate)

(debate)

Report on the proposal for a Council decision on the conclusion of an Agreement between the European Community and the United States of America on the processing and transfer of PNR data by Air Carriers to the United States Department of Homeland Security, Bureau of Customs and Border Protection [COM(2004) 190 — C5-0162/2004 — 2004/0064(CNS)] — Committee on Civil Liberties, Justice and Home Affairs.

Rapporteur: Johanna L.A. Boogerd-Quaak (A5-0271/2004)

Christopher Patten (Member of the Commission) spoke.

Johanna L.A. Boogerd-Quaak introduced the report.

The following spoke: Jorge Salvador Hernández Mollar, on behalf of the PPE-DE Group, Elena Ornella Paciotti, on behalf of the PSE Group, Graham R. Watson, on behalf of the ELDR Group, Kathalijne Maria Buitenweg, on behalf of the Verts/ALE Group, Marco Cappato, Non-attached Member, Hubert Pirker, Anna Terrón i Cusí, Christopher Patten, who made a personal statement in response to remarks by Graham R. Watson, and Graham R. Watson, who withdrew his remarks.

The debate closed.

Vote: Minutes of 21.04.2004, Item 10.17.

Minutes of 21.04.2004, Item 10.17

28.   Freedom of expression and information (debate)

(debate)

Report on a possible breach of expression and information rights in the EU and Italy, Article 11(2), Charter of Fundamental Rights [2003/2237(INI)] — Committee on Civil Liberties, Justice and Home Affairs.

Rapporteur: Johanna L.A. Boogerd-Quaak (A5-0230/2004)

The President stated that the UEN Group had tabled a motion of inadmissibility in respect of this debate.

José Ribeiro e Castro, on behalf of the UEN Group, gave reasons for the request (the President, referring to Rule 143(1), stated that the motion was inadmissible, since the time-limit prescribed by the Rules had not been complied with).

Johanna L.A. Boogerd-Quaak introduced the report.

Antonio Tajani refuted a communication issued by the press service, according to which freedom of opinion and information in Italy was to be one of the main topics of the present part-session.

Christopher Patten (Member of the Commission) spoke.

The following spoke: Giuseppe Gargani (draftsman of the opinion of the JURI Committee), Roy Perry (draftsman of the opinion of the CULT Committee), Monica Frassoni (draftsman of the opinion of the AFCO Committee), Giacomo Santini, on behalf of the PPE-DE Group, Elena Ornella Paciotti, on behalf of the PSE Group, Giorgio Calò, on behalf of the ELDR Group, Giuseppe Di Lello Finuoli, on behalf of the GUE/NGL Group, Monica Frassoni, on behalf of the Verts/ALE Group, Roberta Angelilli, on behalf of the UEN Group, the President and Pasqualina Napoletano, the latter two on the remarks by Roberta Angelilli, Koenraad Dillen, Non-attached Member, Anna Terrón i Cusí, Lucio Manisco, Enric Morera Català, Mariotto Segni, Mario Borghezio and Francesco Fiori.

The debate closed.

Vote: Minutes of 22.04.2004, Item 7.23.

Minutes of 22.04.2004, Item 7.23

29.   Stamping of travel documents * (debate)

(debate)

Report on the proposal for a Council regulation laying down the requirement for the competent authorities of the Member States to stamp systematically the travel documents of third-country nationals when they cross the external borders of the Member States and amending the convention implementing the Schengen agreement and the common manual to this end [COM(2003) 664 — C5-0580/2003 — 2003/0258(CNS)] — Committee on Civil Liberties, Justice and Home Affairs.

Rapporteur: Roberta Angelilli (A5-0229/2004)

Christopher Patten (Member of the Commission) spoke.

Roberta Angelilli introduced the report.

Marcelino Oreja Arburúa, on behalf of the PPE-DE Group.

The debate closed.

Vote: Minutes of 21.04.2004, Item 10.18.

Minutes of 21.04.2004, Item 10.18

30.   European Monitoring Centre for Drugs and Drug Addiction * (debate)

(debate)

Report on the proposal for a Council regulation on the European Monitoring Centre for Drugs and Drug Addiction (recast) [COM(2003) 808 — C5-0060/2004 — 2003/0311(CNS)] — Committee on Civil Liberties, Justice and Home Affairs.

Rapporteur: Ozan Ceyhun (A5-0248/2004)

Christopher Patten (Member of the Commission) spoke.

Ozan Ceyhun introduced the report.

The following spoke: Minerva Melpomeni Malliori (draftsman of the opinion of the ENVI Committee) and Arie M. Oostlander, on behalf of the PPE-DE Group.

The debate closed.

Vote: Minutes of 21.04.2004, Item 10.19.

Minutes of 21.04.2004, Item 10.19

31.   Agenda for next sitting

The President referred Members to the document ‘Agenda’ PE 344.162/OJME.

32.   Closure of sitting

The sitting closed at 00.15.

Julian Priestley

Secretary-General

James L.C. Provan

Vice-President

---

ATTENDANCE REGISTER

The following signed:

Aaltonen, Abitbol, Adam, Aguiriano Nalda, Nuala Ahern, Ainardi, Almeida Garrett, Alyssandrakis, Andersen, Andersson, Andreasen, André-Léonard, Andrews, Andria, 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, Berès, van den Berg, Bergaz Conesa, Berger, Bernié, Berthu, Bertinotti, Beysen, Bigliardo, Blak, Blokland, Bodrato, Böge, Bösch, von Boetticher, Bonde, Bonino, Boogerd-Quaak, Booth, Bordes, Borghezio, van den Bos, Boselli, Boumediene-Thiery, Bouwman, Bowe, Bowis, Bradbourn, Bremmer, Breyer, Brie, Brienza, Brok, Brunetta, Buitenweg, Bullmann, van den Burg, Bushill-Matthews, Busk, Butel, Callanan, Calò, Camisón Asensio, Campos, Camre, Cappato, Cardoso, Carlotti, Carnero González, Carraro, Casaca, Cashman, Caudron, Caullery, Cederschiöld, Cercas, Cerdeira Morterero, Cesaro, Ceyhun, Chichester, Chountis, Claeys, Clegg, Cocilovo, Coelho, Cohn-Bendit, Collins, Corbett, Corbey, Cornillet, Corrie, Paolo Costa, Raffaele Costa, Coûteaux, Cox, Crowley, Cushnahan, van Dam, Dary, 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, Dimitrakopoulos, Doorn, Dover, Doyle, Duff, Duhamel, Duin, Dupuis, Duthu, Dybkjær, Ebner, Echerer, El Khadraoui, Elles, Eriksson, Esclopé, Ettl, Jonathan Evans, Robert J.E. Evans, Färm, Farage, Fatuzzo, Fava, Ferber, Fernández Martín, Ferrández Lezaun, Ferreira, Ferrer, Ferri, Fiebiger, Figueiredo, Fiori, Fitzsimons, Flautre, Flemming, Flesch, Florenz, Ford, Foster, Fourtou, Frahm, Fraisse, Frassoni, Friedrich, Fruteau, Gahler, Gahrton, Galeote Quecedo, Garaud, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garot, Garriga Polledo, de Gaulle, Gawronski, Gebhardt, Gemelli, Ghilardotti, Gill, Gillig, Gil-Robles Gil-Delgado, Glante, Glase, Gobbo, Goebbels, Goepel, Görlach, Gollnisch, Gomolka, Goodwill, Gorostiaga Atxalandabaso, Gouveia, Graefe zu Baringdorf, Graça Moura, Gröner, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Guy-Quint, Hänsch, Hager, Hannan, 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, Hyland, Iivari, Ilgenfritz, Inglewood, Isler Béguin, Izquierdo Collado, Izquierdo Rojo, Jackson, Jarzembowski, Jean-Pierre, Jeggle, Jensen, Jöns, Jonckheer, Jové Peres, Junker, Kaldi, Karamanou, Karas, Karlsson, Kastler, 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, Kuckelkorn, Kuhne, Kuntz, Lage, Lagendijk, Laguiller, Lalumière, Lamassoure, Lambert, Lang, Lange, Langen, Langenhagen, Lannoye, de La Perriere, Laschet, Lechner, Lehne, Leinen, Liese, Linkohr, Lisi, Lucas, Ludford, Lulling, Lund, Maat, Maaten, McAvan, McCarthy, McCartin, MacCormick, McKenna, McMillan-Scott, McNally, Maes, Malliori, Malmström, Manders, Manisco, Erika Mann, Thomas Mann, Mantovani, Marchiani, Marinho, Marinos, Markov, Marques, Marset Campos, Martens, David W. Martin, Hans-Peter Martin, Hugues Martin, Martínez Martínez, Mastella, Mastorakis, Mathieu, Matikainen-Kallström, Mauro, Hans-Peter Mayer, Xaver Mayer, Mayol i Raynal, Medina Ortega, Meijer, Mendiluce Pereiro, Menéndez del Valle, Mennea, Menrad, Miguélez Ramos, Miller, Miranda de Lage, Modrow, Mombaur, Monsonís Domingo, Montfort, Moraes, Morera Català, Morgan, Morgantini, Morillon, Müller, Mulder, Murphy, Muscardini, Musotto, Mussa, Musumeci, Myller, Napoletano, Napolitano, Naranjo Escobar, Nassauer, Newton Dunn, Nicholson, Niebler, Nisticò, Nobilia, Nogueira Román, Nordmann, 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, Perry, Pesälä, Pex, Piecyk, Pirker, Piscarreta, Pittella, Plooij-van Gorsel, Podestà, Poettering, Pohjamo, Poignant, Pomés Ruiz, Poos, Posselt, Prets, Procacci, Pronk, Provan, Purvis, Queiró, Quisthoudt-Rowohl, Rack, Radwan, Randzio-Plath, Rapkay, Raschhofer, Raymond, Read, Redondo Jiménez, Ribeiro, Ribeiro e Castro, Riis-Jørgensen, Rocard, Rod, de Roo, Roth-Behrendt, Rothe, Roure, Rousseaux, Rovsing, Rübig, Rühle, Ruffolo, Rutelli, Sacconi, Sacrédeus, Saint-Josse, Sakellariou, Salafranca Sánchez-Neyra, Sandberg-Fries, Sandbæk, Sanders-ten Holte, Santer, Santini, dos Santos, Sartori, Sauquillo Pérez del Arco, Savary, Scallon, Scapagnini, Scarbonchi, Schaffner, Scheele, Schierhuber, Schleicher, Gerhard Schmid, Herman Schmid, Olle Schmidt, Schmitt, Schnellhardt, Schörling, Jürgen Schröder, Schroedter, Schulz, Schwaiger, Segni, Seppänen, Simpson, Sjöstedt, Skinner, Smet, Soares, Sörensen, Sommer, Soriano Gil, Sornosa Martínez, Souchet, Souladakis, Sousa Pinto, Speroni, Staes, Stauner, Stenmarck, Stenzel, Stevenson, Stihler, Stirbois, Stockmann, Stockton, Sturdy, Sudre, Suominen, Swiebel, Swoboda, Sylla, Sørensen, Tajani, Tannock, Terrón i Cusí, Theato, Theorin, Thomas-Mauro, Thorning-Schmidt, Thors, Thyssen, Titford, Titley, Torres Marques, Trakatellis, Trentin, Tsatsos, Turchi, Turco, Turmes, Twinn, Uca, Väyrynen, Vairinhos, Valenciano Martínez-Orozco, Vallvé, Van Hecke, Van Lancker, Van Orden, Varaut, Varela Suanzes-Carpegna, Vatanen, Veltroni, van Velzen, Vermeer, de Veyrinas, Vidal-Quadras Roca, Vila Abelló, Villiers, Virrankoski, Vlasto, Voggenhuber, Volcic, Wachtmeister, Wallis, Walter, Watson, Watts, Weiler, Wenzel-Perillo, Whitehead, Wieland, Wiersma, Wijkman, Wuermeling, Wuori, Wyn, Wynn, Xarchakos, Zabell, Zacharakis, Zappalà, Zimeray, Zimmerling, Zissener, Zorba, Zrihen

Observers

A. Nagy, Azzopardi, Bagó, Bastys, Bauer, Berg, Bielan, Bonnici, Christoforou, Chronowski, Zbigniew Chrzanowski, Cybulski, de Marco, Demetriou, Drzęla, Ékes, Gałażewski, Germič, Golde, Genowefa Grabowska, Gruber, Heriban, Ilves, Jerzy Jaskiernia, Kamiński, Kāposts, Kelemen, Kiršteins, Kļaviņš, Kłopotek, Klukowski, Kósėné Kovács, Kriščiūnas, Daniel Kroupa, Kubica, Kubovič, Kuzmickas, Kvietkauskas, Laar, Landsbergis, Liberadzki, Libicki, Lisak, Lydeka, Macierewicz, Maldeikis, Mallotová, Matsakis, Őry, Palečková, Pęczak, Alojz Peterle, Pieniążek, Plokšto, Podgórski, Pospíšil, Protasiewicz, Pusz, Rutkowski, Savi, Siekierski, Šlesere, Smorawiński, Surján, Szabó, Tomczak, Vaculík, Vadai, Valys, George Varnava, Vastagh, Vella, Vėsaitė, Wittbrodt, Żenkiewicz, Žiak

---

ANNEX I

RESULTS OF VOTES

Abbreviations and symbols

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

+

adopted

-

rejected

↓

lapsed

W

withdrawn

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

roll-call vote (for, against, abstentions)

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

electronic vote (for, against, abstentions)

split

split vote

sep

separate vote

am

amendment

CA

compromise amendment

CP

corresponding part

D

deleting amendment

=

identical amendments

§

paragraph

art

article

rec

recital

MOT

motion for a resolution

JT MOT

joint motion for a resolution

SEC

secret ballot

1.   Wider Europe — New Neighbourhood policy *

Report: BÖGE (A5-0198/2004)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| vote: legislative resolution | | + | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

vote: legislative resolution

+

2.   Tax reductions on energy products in Cyprus

Report: RANDZIO-PLATH (A5-0264/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

3.   Electronic road toll systems ***II

Report: SOMMER (A5-0246/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

approval without vote

+

4.   Community Customs Code ***I

Report: FOURTOU (A5-0255/2004)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | RCV | + | 454, 7, 51 |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

RCV

+

454, 7, 51

Requests for roll-call votes

PPE-DE: final vote

5.   European Organisation for the Safety of Air Navigation ***

Report: DE VEYRAC (A5-0215/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

6.   Local border traffic at the external land borders *

Report: CERDEIRA MORTERERO (A5-0142/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

7.   Local border traffic at the temporary external land borders *

Report: STOCKTON (A5-0141/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

8.   Information and co-ordination of migration management services *

Report: KLAMT (A5-0145/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

9.   Place of supply of services *

Report: KARAS (A5-0233/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

10.   European Space Agency *

Report: BODRATO (A5-0222/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

11.   Proposal for a Council Decision establishing the Visa Information System (VIS) *

Report: COELHO (A5-0262/2004)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| Commission proposal | | - | |

Subject

RCV, etc.

Vote

RCV/EV — remarks

Commission proposal

-

Since the Commission proposal was rejected and the Commission did not intend to withdraw it, the matter was referred back to the committee responsible (Rule 68(3))

12.   Obligation of carriers to communicate passenger data *

2nd report: HERNÁNDEZ-MOLLAR (A5-0266/2004)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| text of the initiative | EV | - | 225, 287, 11 |

Subject

RCV, etc.

Vote

RCV/EV — remarks

text of the initiative

EV

-

225, 287, 11

The text of the initiative having been rejected, the matter was referred back to the committee responsible (Rule 68(3))

13.   Irish and UK initiatives on a European Police College *

Report: ROURE (A5-0140/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

14.   Appointment of a member of the ECB Executive Board

Report: RANDZIO-PLATH (A5-0273/2004)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | SEC | + | 363, 113, 52 |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

SEC

+

363, 113, 52

Vote by secret ballot [Rule 136(1)]

15.   Impact of Community regulations

Report: DOORN (A5-0221/2004)

| Subject | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- |
| single vote | RCV | + | 501, 1, 23 |

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

RCV

+

501, 1, 23

Requests for roll-call votes

PPE-DE: final vote

16.   Equal opportunities for the disabled

Report: MANTONVANI (A5-0263/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

single vote

+

17.   Coordination of social security systems ***II

Recommendation for second reading: LAMBERT (A5-0234/2004)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 1-2 | committee | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

1-2

committee

+

18.   Minimum safety requirements for tunnels in the Trans-European Road Network ***II

Recommendation for second reading: RACK (A5-0249/2004)

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

Subject

RCV, etc.

Vote

RCV/EV — remarks

approval without vote

+

19.   Quality of ambient air ***I

Report: KRONBERGER (A5-0047/2004)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| text as a whole | block 1 | 3 groups + Kronberger | | + | |
| block 2 | committee | | ↓ | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

text as a whole

block 1

3 groups + Kronberger

+

block 2

committee

↓

vote: amended proposal

+

vote: legislative resolution

+

Amendment 61 had been withdrawn

Block 1 = 74 amendments of 3 political groups and Mr Kronberger (amendments 62 to 135)

Block 2 = 60 amendments of the ENVI committee (amendments 1 to 60)

20.   Co-operation on consumer protection ***I

Report: GEBHARDT (A5-0191/2004)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| text as a whole | block 1 | PSE | | + | |
| block 2 | committee | | ↓ | |
| block 3 | committee | | - | |
| after art 21 | 59 | PPE-DE | | - | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

text as a whole

block 1

PSE

+

block 2

committee

↓

block 3

committee

-

after art 21

59

PPE-DE

-

vote: amended proposal

+

vote: legislative resolution

+

Amendments 49 and 54 had been cancelled.

Block 1 = 35 amendments from the PSE group (amendments 60 to 94)

Block 2 = 47 amendments of the JURI committee (amendments 2, 4 to 7, 9 to 25, 29 to 39, 41 to 43, 45, 46, 48, 50 to 53 and 55 to 58)

Block 3 = 9 amendments of the JURI committee (amendments 1, 3, 8, 26 to 28, 40 and 44)

21.   Consumer credit ***I

2nd report: WUERMELING (A5-0224/2004)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 1-9
  11-18
  21
  24-25
  27-31
  34
  43
  45-46
  49-51
  53
  56-57
  61
  76
  78
  82-89
  93
  94
  109-117
  121
  124
  126
  129-131
  137
  138
  140
  142
  144
  146-147 | committee | | + | |
| amendments by committee responsible — block votes | 10, 19-20 | committee | sep/EV | + | 276, 233 6 |
| 23, 26, 33, 37, 38, 39, 42, 44, 47, 54, 55, 59, 60, 62, 67, 69, 70, 71, 72, 74, 75, 77, 79 | sep/EV | + | 275, 239, 2 |
| 102, 104, 105, 106,107, 120 | sep/EV | + | 285, 227, 2 |
| 132, 133, 134, 135, 139, 141, 143, 145, 148, 149, 150, 151, 152 | | + | |
| 22 | sep | - | |
| | 80 | | sep | - | |
| | 122 | | sep | - | |
| | 123 | | sep | + | |
| | 125 | | sep | + | |
| | 127 | | sep | - | |
| | 128 | | sep | - | |
| art 1 | 167 | PPE-DE | | - | |
| 32 | committee | | - | |
| 204 | PSE | | + | |
| art 2, point (a) | 154 | Verts/ALE | | - | |
| art 2, point (d) | 155 | VERTS/ALE | | - | |
| 36 | committee | EV | - | 221, 291, 1 |
| 166 | PPE-DE | | - | |
| 182 | PSE | | + | |
| art 2, point (g) | 40 | committee | split | | |
| 1 | + | |
| 2 | - | |
| 3 | + | |
| 177 | ELDR | | ↓ | |
| art 2, point (h) | 183 | PSE | EV | + | 275, 240, 3 |
| 41 | committee | | ↓ | |
| art 2, after point (p) | 156 | Verts/ALE | | - | |
| 176 | ELDR | | + | |
| 168 | PPE-DE | | ↓ | |
| 35 | committee | | ↓ | |
| art 3, § 2, introductory part | 48 =
  178 cp = | committee


  ELDR | RCV | + | 273, 242, 11 |
| art 3, § 2, point (a) | 178 cp = | ELDR | RCV | + | 317, 203, 11 |
| 169 | PPE-DE | | ↓ | |
| 58 | committee | | ↓ | |
| art 5, § 3, point (c) | 52 | committee | | - | |
| 184 | PSE | | + | |
| art 3, § 2, point (e) | 185 | PSE | | + | |
| art 4 | 63 | committee | | - | |
| 157 | Verts/ALE | | - | |
| 186 | PSE | | - | |
| 187 | PSE | | + | |
| art 5 | 64 | committee | | + | |
| 206 | PSE | RCV | ↓ | |
| art 6 | 65 | committee | split | | |
| 1 | + | |
| 2 | - | |
| 3 | - | |
| 158 cp | Verts/ALE | | - | |
| 188 | PSE | | + | |
| 159 | Verts/ALE | | - | |
| after art 6 | 179 | ELDR | | + | |
| 66 | committee | | ↓ | |
| art 7 | 68 | committee | | + | |
| 190 | PSE | | ↓ | |
| 189 | PSE | | ↓ | |
| art 8, § 2 | 180 | ELDR | | + | |
| 73 | committee | | ↓ | |
| art 10, § 1, point 2 | 81 | committee | | + | |
| 191 | PSE | | ↓ | |
| art 11, § 1 | 164 | PPE-DE | | - | |
| 90 | committee | | - | |
| art 11, after § 2 | 170 | PPE-DE | | - | |
| art 11, § 3 | 171 | PPE-DE | | - | |
| 192 | PSE | | + | |
| art 11, after § 3 | 193 | PSE | | + | |
| art 11, § 4 | 172 | PPE-DE | | - | |
| art 12 | 91 | committee | | - | |
| 194 | PSE | | + | |
| 195 | PSE | | + | |
| 196 | PSE | | + | |
| 197 | PSE | | + | |
| 198 | PSE | | + | |
| art 13 | 199 | PSE | | + | |
| 153 | committee | | ↓ | |
| art 14, § 3 | 92 | committee | EV | + | 403, 86, 12 |
| 160 | Verts/ALE | | - | |
| art 15 | 95 | committee | | + | |
| 200 | PSE | | ↓ | |
| art 16, § 1 | 173 | PPE-DE | RCV | - | 241, 272, 11 |
| 96 | committee | | - | |
| 201 | PSE | RCV | + | 276, 235, 18 |
| art 16, § 2 | 202 | PSE | RCV | - | 205, 312, 8 |
| 101 | committee | sep | - | |
| 97 | committee | sep | - | |
| 98 | committee | sep | - | |
| 99 | committee | sep | - | |
| 100 | committee | sep | - | |
| art 19, after § 2 | 165 | PPE-DE | | + | |
| 205 | PSE | | ↓ | |
| 174 | PPE-DE | | - | |
| 108 | committee | | + | |
| art 22 | 175 | PPE-DE | | + | |
| 118 | committee | | ↓ | |
| 119 | committee | | ↓ | |
| art 24, § 1, after point (a) | 161 | Verts/ALE | | + | |
| art 28 | 136 | committee | | + | |
| 163 | Verts/ALE | | ↓ | |
| 162 | Verts/ALE | | + | |
| after art 28 | 203 | PSE | | - | |
| legal basis | 181 | PSE | | + | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

1-9

11-18

21

24-25

27-31

34

43

45-46

49-51

53

56-57

61

76

78

82-89

93

94

109-117

121

124

126

129-131

137

138

140

142

144

146-147

committee

+

amendments by committee responsible — block votes

10, 19-20

committee

sep/EV

+

276, 233 6

23, 26, 33, 37, 38, 39, 42, 44, 47, 54, 55, 59, 60, 62, 67, 69, 70, 71, 72, 74, 75, 77, 79

sep/EV

+

275, 239, 2

102, 104, 105, 106,107, 120

sep/EV

+

285, 227, 2

132, 133, 134, 135, 139, 141, 143, 145, 148, 149, 150, 151, 152

+

22

sep

-

80

sep

-

122

sep

-

123

sep

+

125

sep

+

127

sep

-

128

sep

-

art 1

167

PPE-DE

-

32

committee

-

204

PSE

+

art 2, point (a)

154

Verts/ALE

-

art 2, point (d)

155

VERTS/ALE

-

36

committee

EV

-

221, 291, 1

166

PPE-DE

-

182

PSE

+

art 2, point (g)

40

committee

split

1

+

2

-

3

+

177

ELDR

↓

art 2, point (h)

183

PSE

EV

+

275, 240, 3

41

committee

↓

art 2, after point (p)

156

Verts/ALE

-

176

ELDR

+

168

PPE-DE

↓

35

committee

↓

art 3, § 2, introductory part

48 =

178 cp =

committee

ELDR

RCV

+

273, 242, 11

art 3, § 2, point (a)

178 cp =

ELDR

RCV

+

317, 203, 11

169

PPE-DE

↓

58

committee

↓

art 5, § 3, point (c)

52

committee

-

184

PSE

+

art 3, § 2, point (e)

185

PSE

+

art 4

63

committee

-

157

Verts/ALE

-

186

PSE

-

187

PSE

+

art 5

64

committee

+

206

PSE

RCV

↓

art 6

65

committee

split

1

+

2

-

3

-

158 cp

Verts/ALE

-

188

PSE

+

159

Verts/ALE

-

after art 6

179

ELDR

+

66

committee

↓

art 7

68

committee

+

190

PSE

↓

189

PSE

↓

art 8, § 2

180

ELDR

+

73

committee

↓

art 10, § 1, point 2

81

committee

+

191

PSE

↓

art 11, § 1

164

PPE-DE

-

90

committee

-

art 11, after § 2

170

PPE-DE

-

art 11, § 3

171

PPE-DE

-

192

PSE

+

art 11, after § 3

193

PSE

+

art 11, § 4

172

PPE-DE

-

art 12

91

committee

-

194

PSE

+

195

PSE

+

196

PSE

+

197

PSE

+

198

PSE

+

art 13

199

PSE

+

153

committee

↓

art 14, § 3

92

committee

EV

+

403, 86, 12

160

Verts/ALE

-

art 15

95

committee

+

200

PSE

↓

art 16, § 1

173

PPE-DE

RCV

-

241, 272, 11

96

committee

-

201

PSE

RCV

+

276, 235, 18

art 16, § 2

202

PSE

RCV

-

205, 312, 8

101

committee

sep

-

97

committee

sep

-

98

committee

sep

-

99

committee

sep

-

100

committee

sep

-

art 19, after § 2

165

PPE-DE

+

205

PSE

↓

174

PPE-DE

-

108

committee

+

art 22

175

PPE-DE

+

118

committee

↓

119

committee

↓

art 24, § 1, after point (a)

161

Verts/ALE

+

art 28

136

committee

+

163

Verts/ALE

↓

162

Verts/ALE

+

after art 28

203

PSE

-

legal basis

181

PSE

+

vote: amended proposal

+

vote: legislative resolution

+

Amendment 103 did not concern all language versions and was therefore not put to the vote [Rule140(1)(d)].

Requests for roll-call votes

PPE-DE: ams 177, 178, 173, 201, 202

Requests for split votes

PPE-DE

am 40

1st part: introductory part

2nd part: indent 1

3rd part: indent 2

PSE, ELDR

am 65

1st part: text as a whole except paragraphs 3 and 4a

2nd part: paragraph 3

3rd part: paragraph 4a

Requests for separate vote

PPE-DE: ams 37, 38, 39, 102

PSE: ams 10, 19, 20, 22, 23, 26, 33, 37, 42, 44, 47, 54, 55, 59, 60, 62, 67, 69, 70, 71, 72, 74, 75, 77, 79, 80, 104, 105, 106, 107, 120, 122, 123, 125, 127, 128, 132, 133, 134, 135, 139, 141, 143, 145, 148, 149, 150, 151, 152, 101

ELDR: ams 90, 96, 97, 98, 99, 100, 101

22.   Unfair business-to-consumer commercial practices ***I

Report: GHILARDOTTI (A5-0188/2004)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 1-9
  13-15
  19-20
  22-29
  32-34
  36-37
  39-40
  43-55
  60
  62-70
  72-88
  90-92 | committee | | + | |
| amendments by committee responsible — separate votes | 10 | committee | sep | + | |
| 11 | committee | sep | - | |
| 16 | committee | sep | - | |
| 35 | committee | sep | - | |
| 38 | committee | sep | - | |
| 41 | committee | sep | - | |
| 42 | committee | sep | - | |
| 56 | committee | sep | - | |
| 57 | committee | sep/EV | + | 265, 236, 2 |
| 58 | committee | sep | - | |
| 61 | committee | sep | + | |
| 71 | committee | sep | + | |
| 89 | committee | sep/EV | + | 271, 232, 1 |
| 93 | committee | sep | - | |
| 94 | committee | sep | + | |
| art 2, point (b) | 12 | committee | | - | |
| 107 | PSE | | + | |
| art 2, point (g) | 17 + 18 | committee | | + | |
| 104 | PPE-DE | | + | |
| art 2, point (j) | 21 | committee | | + | |
| 108 | PSE | | + | |
| art 4, § 1 | 95 | EDD | | - | |
| art 4, after § 2 | 109 | PSE | | + | |
| art 5, § 2, indent 2 | 30 + 31 | committee | | - | |
| 110 | PPE-DE | | + | |
| art 9, point (c) | 111 | PSE | | + | |
| 59 | committee | | + | |
| art 10 | 103 | PPE-DE | | + | |
| art 11 | 102 | PPE-DE | | - | |
| 101 | PPE-DE | | - | |
| annex 1, ‘misleading commercial practices’, point 3 | 99 | PPE-DE | | + | |
| 100 | PPE-DE | | - | |
| annex 1, ‘misleading commercial practices’, point 4 | 98 | PPE-DE | | - | |
| annex 1, ‘misleading commercial practices’, point 7 | 97 | PPE-DE | | + | |
| annex 1, ‘aggressive commercial practices’, point 4 | 96 | PPE-DE | | - | |
| 88 | committee | | + | |
| legal basis | 112 | PSE | | + | |
| recital 5 | 105 | PPE-DE | | + | |
| after recital 13 | 106 | PSE | | + | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

1-9

13-15

19-20

22-29

32-34

36-37

39-40

43-55

60

62-70

72-88

90-92

committee

+

amendments by committee responsible — separate votes

10

committee

sep

+

11

committee

sep

-

16

committee

sep

-

35

committee

sep

-

38

committee

sep

-

41

committee

sep

-

42

committee

sep

-

56

committee

sep

-

57

committee

sep/EV

+

265, 236, 2

58

committee

sep

-

61

committee

sep

+

71

committee

sep

+

89

committee

sep/EV

+

271, 232, 1

93

committee

sep

-

94

committee

sep

+

art 2, point (b)

12

committee

-

107

PSE

+

art 2, point (g)

17 + 18

committee

+

104

PPE-DE

+

art 2, point (j)

21

committee

+

108

PSE

+

art 4, § 1

95

EDD

-

art 4, after § 2

109

PSE

+

art 5, § 2, indent 2

30 + 31

committee

-

110

PPE-DE

+

art 9, point (c)

111

PSE

+

59

committee

+

art 10

103

PPE-DE

+

art 11

102

PPE-DE

-

101

PPE-DE

-

annex 1, ‘misleading commercial practices’, point 3

99

PPE-DE

+

100

PPE-DE

-

annex 1, ‘misleading commercial practices’, point 4

98

PPE-DE

-

annex 1, ‘misleading commercial practices’, point 7

97

PPE-DE

+

annex 1, ‘aggressive commercial practices’, point 4

96

PPE-DE

-

88

committee

+

legal basis

112

PSE

+

recital 5

105

PPE-DE

+

after recital 13

106

PSE

+

vote: amended proposal

+

vote: legislative resolution

+

Amendments 2/3, 4/5, 9/10, 17/18, 30/31, 43 to 45 inclusive, 46/47, 64/65, 91/92 of the JURI committee were merged.

Requests for separate vote

PPE-DE: ams 21, 61, 10, 71, 93, 94

PSE: ams 11, 16, 35, 38, 41, 42, 56, 57, 58, 89

23.   Residue levels of pesticides in plant and animal products ***I

Report: STURDY (A5-0260/2004)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 1-5
  7
  11-20
  22-25
  29-30
  32
  34
  37
  39-40
  42-48
  50-54
  56-61
  63
  65-66 | committee | | + | |
| amendments by committee responsible — separate votes | 8 | committee | sep | - | |
| 10 | committee | sep/EV | - | 239, 272, 1 |
| 21 | committee | sep | + | |
| 26 | committee | sep | + | |
| 27 | committee | sep/EV | + | 279, 230, 0 |
| 31 | committee | sep | + | |
| 33 | committee | sep | + | |
| 35 | committee | sep/EV | - | 237, 265, 6 |
| 36 | committee | sep | + | |
| 38 | committee | sep | + | |
| 41 | committee | sep | - | |
| 55 | committee | sep | - | |
| 62 | committee | sep | + | |
| 64 | committee | split | | |
| 1 | + | |
| 2 | - | |
| 3 | - | |
| art 3, § 5 | 71 | Verts/ALE | | - | |
| art 6, § 1, point 2 | 75 | PPE-DE | | - | |
| art 21 | 77 | PPE-DE | | - | |
| after art 23 | 76 | PPE-DE | | - | |
| art 24 | 78 | PPE-DE | | - | |
| art 26 | 73 | Verts/ALE | | - | |
| 49 | committee | | + | |
| art 29 | 72 | Verts/ALE | | - | |
| art 41 | 68 | PSE | | - | |
| recital 12 | 74 | PPE-DE | | - | |
| recital 13 | 6 | committee | | + | |
| 69 | PSE | | ↓ | |
| after recital 19 | 67 | PSE | | - | |
| recital 20 | 9 S =
  70D= | committee
  Verts/ALE | | + | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

1-5

7

11-20

22-25

29-30

32

34

37

39-40

42-48

50-54

56-61

63

65-66

committee

+

amendments by committee responsible — separate votes

8

committee

sep

-

10

committee

sep/EV

-

239, 272, 1

21

committee

sep

+

26

committee

sep

+

27

committee

sep/EV

+

279, 230, 0

31

committee

sep

+

33

committee

sep

+

35

committee

sep/EV

-

237, 265, 6

36

committee

sep

+

38

committee

sep

+

41

committee

sep

-

55

committee

sep

-

62

committee

sep

+

64

committee

split

1

+

2

-

3

-

art 3, § 5

71

Verts/ALE

-

art 6, § 1, point 2

75

PPE-DE

-

art 21

77

PPE-DE

-

after art 23

76

PPE-DE

-

art 24

78

PPE-DE

-

art 26

73

Verts/ALE

-

49

committee

+

art 29

72

Verts/ALE

-

art 41

68

PSE

-

recital 12

74

PPE-DE

-

recital 13

6

committee

+

69

PSE

↓

after recital 19

67

PSE

-

recital 20

9 S =

70D=

committee

Verts/ALE

+

vote: amended proposal

+

vote: legislative resolution

+

Amendment 28 did not concern all language versions and was therefore not put to the vote Rule140(1)(d)].

Requests for separate vote

PPE-DE: ams 21, 26, 27, 33, 35, 36, 41

ELDR: ams 10, 35, 41, 55, 62, 64

PSE: ams 8, 31, 38, 55

Requests for split votes

PSE

am 64

1st part: text as a whole except the words ‘should be negociated with industry and’ and ‘There should be an opportunity ... the Member State’

2nd part: the words ‘should be negociated with industry and’

3rd part: the words ‘There should be an opportunity ... the Member State’

24.   Security of natural gas supply ***I

Report: MOMBAUR (A5-0213/2004)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 2 | | original text | sep | + | |
| § 3 | | original text | sep | + | |
| vote: legislative resolution (as a whole) | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 2

original text

sep

+

§ 3

original text

sep

+

vote: legislative resolution (as a whole)

+

Requests for separate vote

Verts/ALE: §§ 2, 3 (legislative resolution)

25.   Access to gas transmission networks ***I

Report: SEPPÄNEN (A5-0254/2004)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 1-5
  7-27
  29-42 | committee | | + | |
| art 1, § 1 | 43 | PPE-DE | | + | |
| 6 | committee | | ↓ | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

1-5

7-27

29-42

committee

+

art 1, § 1

43

PPE-DE

+

6

committee

↓

vote: amended proposal

+

vote: legislative resolution

+

Amendment 28 did not concern all language versions and was therefore not put to the vote [Rule140(1)(d)].

26.   Eco-design requirements for Energy-Using Products ***I

Report: THORS (A5-0171/2004)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 3-9
  11
  13-14
  16-17
  19-27
  29-50
  52-56
  58-60
  62-63
  65
  67-73 | committee | | + | |
| amendments by committee responsible — separate votes | 1 | committee | RCV | + | 437, 73, 11 |
| 2 | committee | sep | + | |
| 10 | committee | split | | |
| 1 | + | |
| 2 | + | |
| 12 | committee | split | | |
| 1 | + | |
| 2 | - | |
| 15 | committee | sep | + | |
| 51 | committee | sep | + | |
| 57 | committee | split | | |
| 1 | + | |
| 2 | - | |
| 64 | committee | split | | |
| 1 | + | |
| 2 | + | |
| 66 | committee | split | | |
| 1 | + | |
| 2 | + | |
| art 7, § 2, point 2 | 75 | Verts/ALE | | + | |
| art 11, after § 1 | 76 | Verts/ALE | | + | |
| after art 13 | 77 | Verts/ALE | | - | |
| 61 | committee | | + | |
| annex 1, after part 2 | 78 | Verts/ALE | RCV | - | 232, 273, 20 |
| annex 5 | 74 | PPE-DE | | + | |
| after recital 4 | 79 | PPE-DE | | + | |
| after recital 6 | 18 =
  80 = | committee


  PPE-DE | | + | |
| recital 20 | 81 | PPE-DE | | + | |
| 28 | committee | | ↓ | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

3-9

11

13-14

16-17

19-27

29-50

52-56

58-60

62-63

65

67-73

committee

+

amendments by committee responsible — separate votes

1

committee

RCV

+

437, 73, 11

2

committee

sep

+

10

committee

split

1

+

2

+

12

committee

split

1

+

2

-

15

committee

sep

+

51

committee

sep

+

57

committee

split

1

+

2

-

64

committee

split

1

+

2

+

66

committee

split

1

+

2

+

art 7, § 2, point 2

75

Verts/ALE

+

art 11, after § 1

76

Verts/ALE

+

after art 13

77

Verts/ALE

-

61

committee

+

annex 1, after part 2

78

Verts/ALE

RCV

-

232, 273, 20

annex 5

74

PPE-DE

+

after recital 4

79

PPE-DE

+

after recital 6

18 =

80 =

committee

PPE-DE

+

recital 20

81

PPE-DE

+

28

committee

↓

vote: amended proposal

+

vote: legislative resolution

+

Requests for roll-call votes

PSE: am 1

Verts/ALE: am 78

Requests for separate vote

PPE-DE: ams 1, 15, 28

ELDR: ams 1, 2, 51

Requests for split votes

PPE-DE

am 10

1st part: text as a whole expect the words ‘the Community Chemicals Policy’

2nd part: those words

am 12

1st part: text as a whole except the words ‘líving in urban areas’

2nd part: those words

am 57

1st part: text as a whole except the words ‘líving in urban areas’

2nd part: those words

ELDR

am 64

1st part: text as a whole except the words ‘In accordance with ... the control authorities’

2nd part: those words

Verts/ALE

am 66

1st part: text as a whole except the deletion of § 2 of the original text

2nd part: the deletion of § 2

27.   Greenhouse gas emission allowance trading ***I

Report: DE ROO (A5-0154/2004)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| text as a whole | block 1 | committee + 7 political groups | | + | |
| block 2 | committee | | ↓ | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

text as a whole

block 1

committee + 7 political groups

+

block 2

committee

↓

vote: amended proposal

+

vote: legislative resolution

+

The EDD group did not sign amendments 25 and 38. Mr Blokland signed those two amendments in his own name.

Block 1 (compromise text) = 3 amendments of the ENVI committee (amendments 11, 12 and 18) and 28 amendments of 7 political groups (amendments 19 to 46)

Block 2 = 15 amendments of the ENVI committee (amendments 1 to 10, and 13 to 17)

28.   Batteries and accumulators ***I

Report: BLOKLAND (A5-0265/2004)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 4
  6
  10
  14
  16
  18
  20
  24
  29
  37
  39
  43
  46-47
  50
  52-53
  63
  65
  67-68
  71
  73-75 | committee | | + | |
| amendments by committee responsible — separate votes | 2 | committee | sep | + | |
| 5 | committee | sep | + | |
| 7 | committee | sep | + | |
| 8 | committee | sep | + | |
| 9 | committee | split | | |
| 1 | + |
| 2 | + |
| 11 | committee | sep | + | |
| 12 | committee | sep | + | |
| 19 | committee | sep | + | |
| 21 | committee | sep | + | |
| 25 | committee | sep | + | |
| 26 | committee | sep | + | |
| 27 | committee | sep | + | |
| 45 | committee | sep | + | |
| 51 | committee | sep | + | |
| 54 | committee | sep | + | |
| 55 | committee | sep | + | |
| 57 | committee | sep | + | |
| 58 | committee | sep | + | |
| 59 | committee | sep | + | |
| 60 | committee | sep | + | |
| 61 | committee | sep | + | |
| 62 | committee | sep | + | |
| 64 | committee | sep | + | |
| 69 | committee | sep | + | |
| 77 | committee | sep | + | |
| 79 | committee | sep | + | |
| 80 | committee | sep | + | |
| 81 | committee | sep | + | |
| art 3, point 4 | 84/rev | EDD | | - | |
| 15 | committee | EV | - | 246, 267, 5 |
| art 3, point 6 | 85 | EDD | | + | |
| 17 | committee | | ↓ | |
| art 3, point 14 | 105 | Verts/ALE | | - | |
| 22 | committee | | + | |
| art 4 | 23 | committee | RCV | + | 290, 224, 11 |
| 83 | PSE | | ↓ | |
| 82 | committee | split | | |
| 1/RCV | + | 295, 209, 14 |
| 2/RCV | - | 198, 309, 11 |
| art 5, after § 1 | 106 | Verts/ALE | | - | |
| 92 | PPE-DE | | + | |
| art 9, § 1, point (a) | 107 | Verts/ALE | | - | |
| 28 | committee | | + | |
| art 9, § 1, point (b) | 108 | Verts/ALE | | + | |
| 30 | committee | | + | |
| art 9, § 1, point (c) | 109 | Verts/ALE | | + | |
| 31 | committee | | ↓ | |
| art 9, after § 2 | 110 | Verts/ALE | EV | - | 97, 421, 1 |
| 32 | committee | | + | |
| art 10 | 118D | EDD | RCV | - | 23, 499, 8 |
| art 11 | 33 | committee | split | | |
| 1/EV | - | 243, 258, 3 |
| 2 | - | |
| 3 | + | |
| 93 | PPE-DE | | ↓ | |
| art 13 | 111/rev | Verts/ALE | | - | |
| 34 | committee | split | | |
| 1 | + | |
| 2 | + | |
| art 14, § 1 | 86D | EDD | | - | |
| 35 | committee | | + | |
| art 14, § 2 | 87D | EDD | | - | |
| 36 | committee | | + | |
| art 15, § 1 | 94 | PPE-DE | | - | |
| 38 | committee | split | | |
| 1 | + | |
| 2 | + | |
| 120 | EDD | EV | + | 267, 240, 3 |
| 95 | PPE-DE | | + | |
| art 15, § 3 | 121 | EDD | | - | |
| art 16, § 1 | 88 | EDD | | - | |
| 40 | committee | | + | |
| 41 | com | split | | |
| 1 | + | |
| 2 | + | |
| art 18 | 99 | PPE-DE | | + | |
| 42 | committee | | ↓ | |
| art 19 | 100 | PPE-DE | | + | |
| art 20 | 122 | EDD | | - | |
| 44 | committee | | + | |
| art 20, after § 2 | 112 | Verts/ALE | | + | |
| art 22 | 123 | EDD | | - | |
| 48 | committee | split | | |
| 1 | + | |
| 2 | + | |
| art 23, § 1 | 124 | EDD | | - | |
| 49 | committee | | + | |
| art 23, § 2 | 97 | PPE-DE | | - | |
| art 25, § 1, point (e) | 96 | PPE-DE | | - | |
| art 25, § 2 | 113 | Verts/ALE | | - | |
| 56 | committee | | + | |
| art 29, § 1, point (b) | 66 | committee | | + | |
| 98 | PPE-DE | | ↓ | |
| art 33 | 114 | Verts/ALE | | - | |
| annex 1, table 2, after line 3 | 115 | Verts/ALE | | - | |
| annex 1, table 2, line 5 | 116 | Verts/ALE | | - | |
| 72 | committee | | + | |
| annex 1, table 2, line 8 | 117 | Verts/ALE | | - | |
| 76 | committee | | + | |
| | 78 | | | + | |
| annex 2, § 2 | 125 | PPE-DE | | ↓ | |
| after annex 2 | 101 | PPE-DE | | + | |
| recital 7 | 1 | committee | | + | |
| 89 | PPE-DE | | ↓ | |
| recital 10 | 102 | Verts/ALE | | - | |
| recital 11 | 103 | Verts/ALE | | + | |
| 3 | committee | | ↓ | |
| recital 14 | 104 | Verts/ALE | | - | |
| recital 21 | 90 | PPE-DE | | - | |
| recital 24 | 91D | PPE-DE | | - | |
| vote: amended proposal | | + | |
| vote: legislative resolution | EV | + | 283, 224,15 |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

4

6

10

14

16

18

20

24

29

37

39

43

46-47

50

52-53

63

65

67-68

71

73-75

committee

+

amendments by committee responsible — separate votes

2

committee

sep

+

5

committee

sep

+

7

committee

sep

+

8

committee

sep

+

9

committee

split

1

+

2

+

11

committee

sep

+

12

committee

sep

+

19

committee

sep

+

21

committee

sep

+

25

committee

sep

+

26

committee

sep

+

27

committee

sep

+

45

committee

sep

+

51

committee

sep

+

54

committee

sep

+

55

committee

sep

+

57

committee

sep

+

58

committee

sep

+

59

committee

sep

+

60

committee

sep

+

61

committee

sep

+

62

committee

sep

+

64

committee

sep

+

69

committee

sep

+

77

committee

sep

+

79

committee

sep

+

80

committee

sep

+

81

committee

sep

+

art 3, point 4

84/rev

EDD

-

15

committee

EV

-

246, 267, 5

art 3, point 6

85

EDD

+

17

committee

↓

art 3, point 14

105

Verts/ALE

-

22

committee

+

art 4

23

committee

RCV

+

290, 224, 11

83

PSE

↓

82

committee

split

1/RCV

+

295, 209, 14

2/RCV

-

198, 309, 11

art 5, after § 1

106

Verts/ALE

-

92

PPE-DE

+

art 9, § 1, point (a)

107

Verts/ALE

-

28

committee

+

art 9, § 1, point (b)

108

Verts/ALE

+

30

committee

+

art 9, § 1, point (c)

109

Verts/ALE

+

31

committee

↓

art 9, after § 2

110

Verts/ALE

EV

-

97, 421, 1

32

committee

+

art 10

118D

EDD

RCV

-

23, 499, 8

art 11

33

committee

split

1/EV

-

243, 258, 3

2

-

3

+

93

PPE-DE

↓

art 13

111/rev

Verts/ALE

-

34

committee

split

1

+

2

+

art 14, § 1

86D

EDD

-

35

committee

+

art 14, § 2

87D

EDD

-

36

committee

+

art 15, § 1

94

PPE-DE

-

38

committee

split

1

+

2

+

120

EDD

EV

+

267, 240, 3

95

PPE-DE

+

art 15, § 3

121

EDD

-

art 16, § 1

88

EDD

-

40

committee

+

41

com

split

1

+

2

+

art 18

99

PPE-DE

+

42

committee

↓

art 19

100

PPE-DE

+

art 20

122

EDD

-

44

committee

+

art 20, after § 2

112

Verts/ALE

+

art 22

123

EDD

-

48

committee

split

1

+

2

+

art 23, § 1

124

EDD

-

49

committee

+

art 23, § 2

97

PPE-DE

-

art 25, § 1, point (e)

96

PPE-DE

-

art 25, § 2

113

Verts/ALE

-

56

committee

+

art 29, § 1, point (b)

66

committee

+

98

PPE-DE

↓

art 33

114

Verts/ALE

-

annex 1, table 2, after line 3

115

Verts/ALE

-

annex 1, table 2, line 5

116

Verts/ALE

-

72

committee

+

annex 1, table 2, line 8

117

Verts/ALE

-

76

committee

+

78

+

annex 2, § 2

125

PPE-DE

↓

after annex 2

101

PPE-DE

+

recital 7

1

committee

+

89

PPE-DE

↓

recital 10

102

Verts/ALE

-

recital 11

103

Verts/ALE

+

3

committee

↓

recital 14

104

Verts/ALE

-

recital 21

90

PPE-DE

-

recital 24

91D

PPE-DE

-

vote: amended proposal

+

vote: legislative resolution

EV

+

283, 224,15

Amendment 70 had been cancelled.

Amendment 119 had been withdrawn.

Amendment 13 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: ams 23, 82

EDD: am 118D

Requests for separate vote

PPE-DE: ams 2, 5, 7, 8, 21, 25, 26, 27, 45, 51, 54, 55, 57, 58, 59, 60, 61, 62, 69, 77, 79, 80, 81

Verts/ALE: ams 11, 12, 41, 64

EDD: ams 9, 19

Requests for split votes

PPE-DE

am 34

1st part: up to ‘the year in question’

2nd part: remainder (paragraph 2a)

PSE, EDD

am 33

1st part: text as a whole except the words ‘whole or untreated’

2nd part: those words

3rd part: paragraph 2

Verts/ALE

am 9

1st part: text as a whole except the words ‘in so far ... removal requirements’

2nd part: those words

am 38

1st part: text as a whole except the words ‘that comply ... safety and waste management’

2nd part: those words

am 48

1st part: text as a whole except the fifth paragraph

2nd part: that paragraph

am 82

1st part: text as a whole except indent 8

2nd part: indent 8

am 41

1st part: the number ‘11’

2nd part: the words ‘treatment and/or’

29.   Charging HGV's for infrastructure ***I

Report: COCILOVO (A5-0220/2004)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 1-9
  11-12
  14
  18
  20
  22
  24
  26-27
  32-34
  38-39
  42-43 | committee | | + | |
| amendments by committee responsible — separate votes | 16 | committee | split | | |
| 1 | + | |
| 2 | + | |
| 17 | committee | split | | |
| 1 | + | |
| 2 | + | |
| 25 | committee | split | | |
| 1 | + | |
| 2 | + | |
| 35 | committee | sep/EV | - | 236, 278, 2 |
| 36 | committee | sep | + | |
| 37 | committee | sep | + | |
| art 2, point a(a) | 53 | Verts/ALE | RCV | - | 103, 414, 6 |
| 21 | committee | | + | |
| art 7, § 9, point 1 | 54 | Verts/ALE | RCV | - | 242, 267, 6 |
| 28 cp | committee | split | | |
| 1 | + | |
| 2 | + | |
| art 7, § 9, point 2 | 28 cp | committee | | + | |
| art 7, § 10, introductory phrase | 55 | Verts/ALE | RCV | - | 215, 298, 5 |
| 29 cp | committee | | + | |
| art 7, § 10 points (a) to (c) | 29 cp | committee | split | | |
| 1 | + | |
| 2 | + | |
| art 7, after § 10 | 50 | PSE | | + | |
| art 7, § 11 | 56 | Verts/ALE | RCV | - | 101, 418, 1 |
| 30 | committee | split | | |
| 1 | + | |
| 2 | + | |
| art 9, § 2 | 48 | PSE | RCV | + | 308, 208, 10 |
| 40 | committee | | ↓ | |
| 49 | PSE | RCV | ↓ | |
| after art 9 | 51 | PSE | | - | |
| 41 | committee | | + | |
| recital 5 | 10 | committee | | + | |
| 44 | PSE | | ↓ | |
| recital 8 | 13 | committee | | + | |
| 45 | PSE | | - | |
| recital 9 | 15D | committee | | - | |
| 46 | PSE | | + | |
| after recital 9 | 47 | PSE | EV | - | 234, 260, 3 |
| after recital 15 | 52 | PSE | EV | + | 285, 219, 7 |
| 19 | committee | | + | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

1-9

11-12

14

18

20

22

24

26-27

32-34

38-39

42-43

committee

+

amendments by committee responsible — separate votes

16

committee

split

1

+

2

+

17

committee

split

1

+

2

+

25

committee

split

1

+

2

+

35

committee

sep/EV

-

236, 278, 2

36

committee

sep

+

37

committee

sep

+

art 2, point a(a)

53

Verts/ALE

RCV

-

103, 414, 6

21

committee

+

art 7, § 9, point 1

54

Verts/ALE

RCV

-

242, 267, 6

28 cp

committee

split

1

+

2

+

art 7, § 9, point 2

28 cp

committee

+

art 7, § 10, introductory phrase

55

Verts/ALE

RCV

-

215, 298, 5

29 cp

committee

+

art 7, § 10 points (a) to (c)

29 cp

committee

split

1

+

2

+

art 7, after § 10

50

PSE

+

art 7, § 11

56

Verts/ALE

RCV

-

101, 418, 1

30

committee

split

1

+

2

+

art 9, § 2

48

PSE

RCV

+

308, 208, 10

40

committee

↓

49

PSE

RCV

↓

after art 9

51

PSE

-

41

committee

+

recital 5

10

committee

+

44

PSE

↓

recital 8

13

committee

+

45

PSE

-

recital 9

15D

committee

-

46

PSE

+

after recital 9

47

PSE

EV

-

234, 260, 3

after recital 15

52

PSE

EV

+

285, 219, 7

19

committee

+

vote: amended proposal

+

vote: legislative resolution

+

Amendments 1 and 7 were merged.

Amendments 23 and 31 did not concern all language versions and were not put to the vote [Rule 140(1)(d)].

Requests for roll-call votes

PSE: ams 44, 48, 49

Verts/ALE: ams 53, 54, 55, 56

Requests for split votes

PPE-DE

am 16

1st part: text as a whole except the words ‘and to the zones and agglomerations referred to in article 8(1) of Directive 96/62/EC of the European Parliament and of the Council of 19 December 1999 concerning common rules for the internal market in electricity’

2nd part: those words

am 17

1st part: text as a whole except the word ‘full’

2nd part that word

am 25

1st part: up to ‘of their services’

2nd part: remainder

am 28

1st part: text as a whole except indent 4

2nd part: indent 4

am 29 cp (art 7, § 10, points (a) to (c))

1st part: text as a whole except points (ab), (b) and (ca)

2nd part: those points

am 30

1st part: text as a whole except the words ‘and to the zones and agglomerations referred to in article 8(1) of Directive 96/62/EC of the European Parliament and of the Council of 19 December 1999 concerning common rules for the internal market in electricity’

2nd part: those words

Requests for separate vote

PSE: am 35

ELDR am 25

Verts/ALE: ams 35, 36, 37

Mr Savary indicated that the French version of amendment 48 needed to be corrected.

30.   Social legislation relating to road transport ***I

Report: MARKOV (A5-0216/2004)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 1
  5
  7
  11
  13-16
  20
  22-25
  27-29
  31-35
  37
  39-40 | committee | | + | |
| amendments by committee responsible — separate votes | 3 | committee | sep | + | |
| 6 | committee | sep | + | |
| 12 | committee | sep | + | |
| 18 | committee | sep | + | |
| 19 | committee | split | | |
| 1 | + | |
| 2 | + | |
| 21 | committee | sep | + | |
| 26 | committee | sep | + | |
| 30 | committee | sep | + | |
| 36 | committee | sep | + | |
| 41 | committee | sep | + | |
| 42 | committee | sep | + | |
| 43 | committee | sep/EV | - | 203, 292, 7 |
| 45 | committee | sep/EV | - | 218, 290, 2 |
| 46 | committee | sep | - | |
| 47 | committee | sep | - | |
| 48 | committee | sep | - | |
| 49 | committee | sep | - | |
| art 2, after § 1 | 63 | EDD | EV | + | 264, 244, 4 |
| art 2, § 2, point 1 | 51=
  57= | Verts/ALE
  GUE/NGL | | - | |
| 17 | committee | EV | - | 207, 258, 2 |
| art 9, § 4, introductory phrase | 64 | EDD | | - | |
| art 9, § 4, point (a) | 52 =
  58 = | Verts/ALE
  GUE/NGL | RCV | - | 119, 392, 10 |
| art 9, § 4, point (b) | 53=
  59= | Verts/ALE
  GUE/NGL | RCV | - | 114, 309, 11 |
| art 9, § 4, point (c) | 54=
  60= | Verts/ALE
  GUE/NGL | RCV | - | 113, 391, 11 |
| art 11, point 1 | 65 | EDD | | - | |
| 38 | committee | | + | |
| art 13, after § 3 | 55 =
  61 = | Verts/ALE
  GUE/NGL | RCV | - | 237, 271, 9 |
| annex 1, part A, after point 7 | 66 | EDD | | + | |
| annex, part B, point 3 | 67 | EDD | | - | |
| annex, part B, point 5 | 68 | EDD | RCV | - | 240, 278, 2 |
| recital 4 | 4 | committee | EV | - | 238, 267, 7 |
| 56 =
  62 = | Verts/ALE
  GUE/NGL | | ↓ | |
| vote: amended proposal | | + | |
| vote: legislative resolution | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

1

5

7

11

13-16

20

22-25

27-29

31-35

37

39-40

committee

+

amendments by committee responsible — separate votes

3

committee

sep

+

6

committee

sep

+

12

committee

sep

+

18

committee

sep

+

19

committee

split

1

+

2

+

21

committee

sep

+

26

committee

sep

+

30

committee

sep

+

36

committee

sep

+

41

committee

sep

+

42

committee

sep

+

43

committee

sep/EV

-

203, 292, 7

45

committee

sep/EV

-

218, 290, 2

46

committee

sep

-

47

committee

sep

-

48

committee

sep

-

49

committee

sep

-

art 2, after § 1

63

EDD

EV

+

264, 244, 4

art 2, § 2, point 1

51=

57=

Verts/ALE

GUE/NGL

-

17

committee

EV

-

207, 258, 2

art 9, § 4, introductory phrase

64

EDD

-

art 9, § 4, point (a)

52 =

58 =

Verts/ALE

GUE/NGL

RCV

-

119, 392, 10

art 9, § 4, point (b)

53=

59=

Verts/ALE

GUE/NGL

RCV

-

114, 309, 11

art 9, § 4, point (c)

54=

60=

Verts/ALE

GUE/NGL

RCV

-

113, 391, 11

art 11, point 1

65

EDD

-

38

committee

+

art 13, after § 3

55 =

61 =

Verts/ALE

GUE/NGL

RCV

-

237, 271, 9

annex 1, part A, after point 7

66

EDD

+

annex, part B, point 3

67

EDD

-

annex, part B, point 5

68

EDD

RCV

-

240, 278, 2

recital 4

4

committee

EV

-

238, 267, 7

56 =

62 =

Verts/ALE

GUE/NGL

↓

vote: amended proposal

+

vote: legislative resolution

+

Amendments 13/14 and 21/22 of the RETT committee had been merged.

Amendment 44 had been cancelled.

Amendements 2, 8, 9, 10 and 50 did not concern all language versions and were not put to the vote [Rule140(1)(d)].

Requests for roll-call votes

Verts/ALE: ams 52/58, 53/59, 54/60

GUE/NGL: ams 52/58, 53/59, 54/60, 55/61, 68

Requests for separate vote

PPE-DE: ams 21, 42, 43, 47, 48, 49

PSE: ams 12, 17, 18, 26, 36, 41-49

ELDR: ams 3, 6, 30, 47, 48, 49

GUE/NGL: ams 43, 45, 46, 47, 48, 67

Requests for split votes

PSE, ELDR

am 19

1st part: up to ‘premises of undertakings’

2nd part: remainder

31.   European Refugee Fund 2005-2010 *

Report: DEPREZ (A5-0267/2004)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| amendments by committee responsible — block vote | 1-10
  12-27 | committee | | + | |
| art 4 | 28 | PSE | | + | |
| 11 | committee | | ↓ | |
| vote: amended proposal | | + | |
| legislative resolution |
| § 3 | 29 | PPE-DE | | - | |
| vote: legislative resolution | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

amendments by committee responsible — block vote

1-10

12-27

committee

+

art 4

28

PSE

+

11

committee

↓

vote: amended proposal

+

legislative resolution

§ 3

29

PPE-DE

-

vote: legislative resolution

+

32.   Thematic strategy on the prevention and recycling of waste

Report: FLORENZ (A5-0176/2004)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 2 | 30S | PPE-DE | | - | |
| § 5 | 10 | Verts/ALE | | + | |
| § 8 | 11 | Verts/ALE | RCV | + | 280, 220, 11 |
| after § 8 | 12 | Verts/ALE | RCV | + | 272, 221, 9 |
| § 9 | 31 | PPE-DE | | + | |
| after § 9 | 13 | Verts/ALE | RCV | + | 270, 233, 7 |
| 14 | Verts/ALE | RCV | + | 481, 14, 15 |
| § 12 | 32 | PPE-DE | | - | |
| § 16 | 15 | Verts/ALE | RCV | + | 343, 147, 16 |
| § 18 | 16 | Verts/ALE | | + | |
| § 19 | 33 | PPE-DE | | - | |
| § 20 | 34 | PPE-DE | RCV | + | 392, 111, 10 |
| § 21 | 35 | PPE-DE | | - | |
| after § 22 | 17 | Verts/ALE | | + | |
| § 23 | 18 | Verts/ALE | | + | |
| § 26 | 19 | Verts/ALE | | - | |
| § 29 | 20 | Verts/ALE | RCV | + | 253, 244, 18 |
| after § 29 | 21 | Verts/ALE | split | | |
| 1/RCV | + | 273, 223, 10 |
| 2/RCV | - | 234, 269, 5 |
| § 30 | 36D | PPE-DE | | - | |
| § 31 | 37 | PPE-DE | | + | |
| § 32 | 38 | PPE-DE | | - | |
| § 34 | 22 | Verts/ALE | | - | |
| § 35 | 23 | Verts/ALE | | - | |
| § 40 | 4 | EDD | | - | |
| 39 | PPE-DE + UEN | | - | |
| § 41 | 5 | EDD | | - | |
| rec D | 24 | PPE-DE | | + | |
| recital G | 25 | PPE-DE | | + | |
| 6 | Verts/ALE | | ↓ | |
| rec I | 26S | PPE-DE | | - | |
| recital L | 27 | PPE-DE | | + | |
| rec M | 28 | PPE-DE | | + | |
| recital O | 7 | Verts/ALE | | + | |
| rec P | 29 | PPE-DE | | + | |
| recital R | 8 | Verts/ALE | | + | |
| after recital T | 9 | Verts/ALE | | + | |
| 2 | EDD | | + | |
| 1 | EDD | | - | |
| rec U | 3 | EDD | | - | |
| vote: resolution (as a whole) | | + | |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 2

30S

PPE-DE

-

§ 5

10

Verts/ALE

+

§ 8

11

Verts/ALE

RCV

+

280, 220, 11

after § 8

12

Verts/ALE

RCV

+

272, 221, 9

§ 9

31

PPE-DE

+

after § 9

13

Verts/ALE

RCV

+

270, 233, 7

14

Verts/ALE

RCV

+

481, 14, 15

§ 12

32

PPE-DE

-

§ 16

15

Verts/ALE

RCV

+

343, 147, 16

§ 18

16

Verts/ALE

+

§ 19

33

PPE-DE

-

§ 20

34

PPE-DE

RCV

+

392, 111, 10

§ 21

35

PPE-DE

-

after § 22

17

Verts/ALE

+

§ 23

18

Verts/ALE

+

§ 26

19

Verts/ALE

-

§ 29

20

Verts/ALE

RCV

+

253, 244, 18

after § 29

21

Verts/ALE

split

1/RCV

+

273, 223, 10

2/RCV

-

234, 269, 5

§ 30

36D

PPE-DE

-

§ 31

37

PPE-DE

+

§ 32

38

PPE-DE

-

§ 34

22

Verts/ALE

-

§ 35

23

Verts/ALE

-

§ 40

4

EDD

-

39

PPE-DE + UEN

-

§ 41

5

EDD

-

rec D

24

PPE-DE

+

recital G

25

PPE-DE

+

6

Verts/ALE

↓

rec I

26S

PPE-DE

-

recital L

27

PPE-DE

+

rec M

28

PPE-DE

+

recital O

7

Verts/ALE

+

rec P

29

PPE-DE

+

recital R

8

Verts/ALE

+

after recital T

9

Verts/ALE

+

2

EDD

+

1

EDD

-

rec U

3

EDD

-

vote: resolution (as a whole)

+

Requests for roll-call votes

Verts/ALE: ams 11, 12, 13, 14, 15, 20, 21, 34

Requests for split votes

ELDR

am 21

1st part: text as a whole except the word ‘fully’

2nd part: that word

33.   Respect for and promotion of the values on which the Union is based

Report: VOGGENHUBER (A5-0227/2004)

| Subject | Amendment No | Author | RCV, etc. | Vote | RCV/EV — remarks |
| --- | --- | --- | --- | --- | --- |
| § 1 | 5 | PPE-DE | | - | |
| § 2 | 6S | PPE-DE | | - | |
| § 3 | 7D | PPE-DE | | - | |
| 2 | GUE/NGL | | - | |
| § 4 | 8S | PPE-DE | | W | |
| § 6 | 9 | PPE-DE | EV | - | 220, 231, 7 |
| § 7 | 10 | PPE-DE | | W | |
| § 10 | 12S | PPE-DE | | W | |
| 11 | PPE-DE | | - | |
| § 11, point (d) | 13D | PPE-DE | | W | |
| § 12 | 14S | PPE-DE | | W | |
| after recital D | 3 | PPE-DE | | W | |
| recital E | 4D | PPE-DE | | W | |
| recital G | 1 | GUE/NGL | | - | |
| vote: resolution (as a whole) | RCV | + | 383, 30,52 |

Subject

Amendment No

Author

RCV, etc.

Vote

RCV/EV — remarks

§ 1

5

PPE-DE

-

§ 2

6S

PPE-DE

-

§ 3

7D

PPE-DE

-

2

GUE/NGL

-

§ 4

8S

PPE-DE

W

§ 6

9

PPE-DE

EV

-

220, 231, 7

§ 7

10

PPE-DE

W

§ 10

12S

PPE-DE

W

11

PPE-DE

-

§ 11, point (d)

13D

PPE-DE

W

§ 12

14S

PPE-DE

W

after recital D

3

PPE-DE

W

recital E

4D

PPE-DE

W

recital G

1

GUE/NGL

-

vote: resolution (as a whole)

RCV

+

383, 30,52

Requests for roll-call votes

Verts/ALE: final vote

Other information

The PPE-DE Group had withdrawn its amendments 8, 10, 12, 13, 14, 3, 4.

---

ANNEX II

RESULT OF ROLL-CALL VOTES

Resolution

For: 454

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Davies, De Clercq, Duff, Dybkjær, Flesch, Huhne, Jensen, Ludford, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Schmidt, Sørensen, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

GUE/NGL: Herzog, Jové Peres, Puerta, Sylla

NI: Beysen, Borghezio, Gobbo, Hager, de La Perriere, Martin Hans-Peter, Mennea, Raschhofer, Speroni, Varaut

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Bremmer, Brienza, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Costa Raffaele, Cushnahan, Daul, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Garriga Polledo, Gawronski, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Herranz García, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Kaldí, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, 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, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Scapagnini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Aguiriano Nalda, Andersson, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carraro, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Corbett, Corbey, Dehousse, De Keyser, Désir, Dhaene, Díez González, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Paciotti, Patrie, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Veltroni, Volcic, Walter, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Andrews, Bigliardo, Collins, Crowley, Fitzsimons, Hyland, Marchiani, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro

Verts/ALE: Aaltonen, Ahern, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Cohn-Bendit, Echerer, Evans Jillian, Ferrández Lezaun, Frassoni, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lucas, MacCormick, Maes, Mayol i Raynal, Morera i Catalá, Nogueira Román, Onesta, Ortuondo Larrea, de Roo, Rühle, Schörling, Schroedter, Sörensen, Staes, Turmes, Voggenhuber, Wuori, Wyn

Against: 7

EDD: Andersen, Bonde, Booth, Farage, Sandbæk, Titford

UEN: Camre

Abstention: 51

EDD: Bernié, Esclopé, Mathieu, Saint-Josse

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Brie, Caudron, Chountis, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Manisco, Markov, Marset Campos, Meijer, Modrow, Papayannakis, Patakis, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca

NI: Berthu, Cappato, Claeys, Dell'Alba, Della Vedova, Dillen, Dupuis, de Gaulle, Gollnisch, Gorostiaga Atxalandabaso, Lang, Souchet, Turco

Verts/ALE: McKenna

Secret vote

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Dybkjær, Flesch, Huhne, Jensen, Ludford, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Rousseaux, Rutelli, Schmidt, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Bordes, Brie, Caudron, Chountis, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Papayannakis, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Sylla, Uca

NI: Berthu, Beysen, Bonino, Borghezio, Cappato, Claeys, Dell'Alba, Della Vedova, Dillen, Dupuis, Garaud, de Gaulle, Gobbo, Gorostiaga Atxalandabaso, Hager, de La Perriere, Martin Hans-Peter, Mennea, Raschhofer, Souchet, Speroni, Turco, Varaut

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Bremmer, Brienza, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Costa Raffaele, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Kaldí, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Laschet, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Mastella, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, 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, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Scapagnini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Aguiriano Nalda, Andersson, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carraro, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Corbett, Corbey, Dehousse, De Keyser, Désir, Dhaene, Díez González, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Paciotti, Patrie, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Veltroni, Volcic, Walter, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

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

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Cohn-Bendit, Duthu, Echerer, Evans Jillian, Ferrández Lezaun, Gahrton, Graefe zu Baringdorf, Hudghton, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lipietz, Lucas, MacCormick, McKenna, Maes, Morera i Catalá, Nogueira Román, Onesta, Ortuondo Larrea, de Roo, Rühle, Schörling, Schroedter, Sörensen, Staes, Turmes, Voggenhuber, Wuori, Wyn

Resolution

For: 501

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Dybkjær, Flesch, Huhne, Jensen, Ludford, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Schmidt, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Bertinotti, Blak, Brie, Caudron, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Herzog, Jové Peres, Kaufmann, Koulourianos, Manisco, Markov, Marset Campos, Meijer, Modrow, Papayannakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Sylla, Uca

NI: Berthu, Beysen, Borghezio, Gobbo, Gorostiaga Atxalandabaso, Hager, de La Perriere, Martin Hans-Peter, Mennea, Raschhofer, Souchet, Speroni, Varaut

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Bremmer, Brienza, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Costa Raffaele, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Elles, Evans Jonathan, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Kaldí, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Mastella, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, 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, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Scapagnini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Adam, Aguiriano Nalda, Andersson, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carraro, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Corbett, Corbey, Dehousse, De Keyser, Désir, Dhaene, Díez González, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Paciotti, Patrie, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Veltroni, Volcic, Walter, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Andrews, Bigliardo, Collins, Crowley, Fitzsimons, Hyland, Marchiani, Nobilia, Pasqua, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

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

Against: 1

UEN: Camre

Abstention: 23

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

GUE/NGL: Bordes, Krarup, Krivine, Laguiller

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

PSE: Färm

Amendments 48 + 178

For: 273

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Flesch, Huhne, Jensen, Ludford, Malmström, Manders, Mulder, Newton Dunn, Nordmann, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Rousseaux, Rutelli, Schmidt, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

NI: Berthu, Beysen, Borghezio, Garaud, Gobbo, Hager, de La Perriere, Mennea, Souchet, Speroni, Varaut

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Bremmer, Brienza, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Costa Raffaele, Cushnahan, Daul, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Kaldí, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Mastella, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, 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, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Scapagnini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Lalumière

UEN: Andrews, Bigliardo, Camre, Collins, Crowley, Fitzsimons, Marchiani, Muscardini, Nobilia, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Against: 242

EDD: Andersen, Bonde, Booth, Farage, Sandbæk, Titford

ELDR: Dybkjær, Maaten, Riis-Jørgensen

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Chountis, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Papayannakis, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Uca

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

PSE: Adam, Aguiriano Nalda, Andersson, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carraro, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Corbett, Corbey, Dehousse, De Keyser, Désir, Dhaene, Díez González, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lange, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Paciotti, Patrie, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Veltroni, Volcic, Walter, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

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

Abstention: 11

EDD: Bernié, Esclopé, Mathieu, Saint-Josse

NI: Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Martin Hans-Peter, Turco

Amendment 178(a)

For: 317

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Dybkjær, Flesch, Huhne, Jensen, Ludford, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Schmidt, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

NI: Berthu, Beysen, Borghezio, Garaud, Gobbo, Gollnisch, Hager, de La Perriere, Mennea, Raschhofer, Souchet, Speroni, Varaut

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Bremmer, Brienza, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Costa Raffaele, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Ebner, Elles, Evans Jonathan, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Kaldí, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Mastella, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, 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, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Scapagnini, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Dehousse

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

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

Against: 203

EDD: Abitbol, Andersen, Bonde, Sandbæk, Titford

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Chountis, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Papayannakis, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Sylla, Uca

NI: Claeys, Dillen, de Gaulle, Gorostiaga Atxalandabaso, Lang, Martin Hans-Peter

PPE-DE: Doyle

PSE: Adam, Aguiriano Nalda, Andersson, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Carraro, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Corbey, De Keyser, Désir, Dhaene, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Veltroni, Volcic, Walter, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

Verts/ALE: Breyer

Abstention: 11

EDD: Bernié, Esclopé, Mathieu, Saint-Josse

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

PSE: Rothley

Amendment 173

For: 241

EDD: Abitbol, Coûteaux, Kuntz

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

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Costa Raffaele, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Garriga Polledo, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Kaldí, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Mastella, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, 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, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Duin, Glante, Görlach, Hänsch, Haug, Keßler, Kindermann, Krehl, Kreissl-Dörfler, Kuckelkorn, Lange, Leinen, Mann Erika, Marinho, Müller, Rapkay, Roth-Behrendt, Schmid Gerhard, Valenciano Martínez-Orozco

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

Against: 272

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Dybkjær, Flesch, Huhne, Jensen, Ludford, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Schmidt, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Chountis, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Laguiller, Markov, Marset Campos, Meijer, Modrow, Papayannakis, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Sylla, Uca

NI: Borghezio, Claeys, Dillen, de Gaulle, Gobbo, Gollnisch, Gorostiaga Atxalandabaso, Lang, Martin Hans-Peter, Raschhofer, Speroni

PSE: Adam, Aguiriano Nalda, Andersson, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bowe, van den Burg, Campos, Carlotti, Carnero González, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Corbett, Corbey, Dehousse, De Keyser, Désir, Dhaene, Díez González, Dührkop Dührkop, Duhamel, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Goebbels, Gröner, Guy-Quint, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Kinnock, Koukiadis, Kuhne, Lage, Lalumière, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Pittella, Poignant, Poos, Prets, Randzio-Plath, Read, Rocard, Rothe, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schulz, Simpson, Skinner, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Van Lancker, Veltroni, Volcic, Walter, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

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

Abstention: 11

EDD: Booth, Farage, Titford

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

PSE: Bösch, Rothley

Amendment 201

For: 276

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Dybkjær, Flesch, Huhne, Jensen, Ludford, Maaten, Malmström, Manders, Mulder, Newton Dunn, Nordmann, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Schmidt, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Chountis, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Laguiller, Markov, Marset Campos, Meijer, Modrow, Papayannakis, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Sylla, Uca

NI: Borghezio, Gobbo, Gorostiaga Atxalandabaso, Martin Hans-Peter, Raschhofer, Speroni

PPE-DE: Cesaro, Costa Raffaele, Gil-Robles Gil-Delgado, Wijkman

PSE: Adam, Aguiriano Nalda, Andersson, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Campos, Carlotti, Carnero González, Casaca, Cashman, Cercas, Cerdeira Morterero, Corbett, Corbey, Dehousse, De Keyser, Désir, Dhaene, Díez González, Dührkop Dührkop, Duhamel, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Goebbels, Gröner, Guy-Quint, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Kinnock, Koukiadis, Kuhne, Lage, Lalumière, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Pittella, Poignant, Poos, Prets, Randzio-Plath, Read, Rocard, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schulz, Simpson, Skinner, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Veltroni, Volcic, Walter, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Andrews, Collins, Crowley

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

Against: 235

EDD: Abitbol, Kuntz

ELDR: Monsonís Domingo

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

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Beazley, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Bremmer, Brienza, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Kaldí, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Mastella, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Pérez Álvarez, Perry, Pex, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Ceyhun, Duin, Glante, Görlach, Hänsch, Haug, Keßler, Kindermann, Krehl, Kreissl-Dörfler, Kuckelkorn, Lange, Leinen, Mann Erika, Müller, Rapkay, Roth-Behrendt

UEN: Bigliardo, Camre, Fitzsimons, Hyland, Marchiani, Pasqua, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro

Abstention: 18

EDD: Booth, Farage, Titford

NI: Bonino, Cappato, Claeys, Dell'Alba, Della Vedova, Dillen, de Gaulle, Gollnisch, Lang, Mennea, Turco

PSE: Bullmann

UEN: Muscardini, Nobilia, Turchi

Amendment 202

For: 205

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

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Chountis, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Laguiller, Markov, Marset Campos, Meijer, Modrow, Papayannakis, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Sylla, Uca

NI: Gorostiaga Atxalandabaso, Martin Hans-Peter

PPE-DE: Friedrich

PSE: Adam, Aguiriano Nalda, Andersson, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, van den Burg, Campos, Carlotti, Carnero González, Casaca, Cercas, Cerdeira Morterero, Ceyhun, Corbey, Dehousse, De Keyser, Désir, Dhaene, Díez González, Dührkop Dührkop, Duhamel, El Khadraoui, Ettl, Färm, Fava, Ferreira, Fruteau, Garot, Gebhardt, Ghilardotti, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Haug, Hazan, Hedkvist Petersen, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Koukiadis, Krehl, Kreissl-Dörfler, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, Malliori, Marinho, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miranda de Lage, Müller, Myller, Napoletano, Napolitano, Paciotti, Patrie, Pérez Royo, Pittella, Poignant, Poos, Prets, Rocard, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schulz, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stockmann, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Veltroni, Volcic, Walter, Weiler, Wiersma, Zorba, Zrihen

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

Against: 312

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Dybkjær, Flesch, Huhne, Jensen, Ludford, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Schmidt, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Watson

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

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Bremmer, Brienza, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Costa Raffaele, Cushnahan, Daul, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Kaldí, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Mastella, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, 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, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Bowe, Cashman, Corbett, Evans Robert J.E., Ford, Gill, Hänsch, Honeyball, Howitt, Hughes, Kinnock, McAvan, McCarthy, McNally, Mann Erika, Martin David W., Miller, Moraes, Morgan, Murphy, O'Toole, Randzio-Plath, Rapkay, Read, Roth-Behrendt, Schmid Gerhard, Simpson, Skinner, Stihler, Swiebel, Titley, Whitehead, Wynn

UEN: Andrews, Bigliardo, Camre, Collins, Crowley, Fitzsimons, Hyland, Marchiani, Muscardini, Pasqua, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro

Abstention: 8

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

UEN: Nobilia, Turchi

Amendment 1

For: 437

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

ELDR: Dybkjær, Rutelli

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Caudron, Chountis, Eriksson, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Laguiller, Manisco, Marset Campos, Meijer, Modrow, Morgantini, Papayannakis, Patakis, Puerta, Ribeiro, Schmid Herman, Seppänen, Sjöstedt, Sylla, Uca

NI: Gorostiaga Atxalandabaso, de La Perriere, Martin Hans-Peter, Raschhofer, Varaut

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Bremmer, Brienza, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Foster, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Kaldí, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, 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, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, de Veyrinas, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Aguiriano Nalda, Andersson, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Corbey, Dehousse, De Keyser, Désir, Dhaene, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Veltroni, Volcic, Walter, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Fitzsimons

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

Against: 73

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Flesch, Huhne, Jensen, Ludford, Maaten, Malmström, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Schmidt, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

NI: Berthu, Beysen, Claeys, Dell'Alba, Dillen, Garaud, de Gaulle, Gollnisch, Souchet

PPE-DE: Gawronski, Niebler, Schmitt, Suominen, Vatanen, van Velzen

UEN: Bigliardo, Camre, Collins, Marchiani, Muscardini, Pasqua, Queiró, Ribeiro e Castro, Thomas-Mauro, Turchi

Abstention: 11

ELDR: Manders

NI: Bonino, Borghezio, Cappato, Della Vedova, Dupuis, Gobbo, Mennea, Speroni, Turco

UEN: Hyland

Amendment 78

For: 232

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

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Chountis, Eriksson, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Papayannakis, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Sylla, Uca

NI: Berthu, Martin Hans-Peter, Raschhofer

PSE: Aguiriano Nalda, Andersson, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Corbey, Dehousse, De Keyser, Désir, Dhaene, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Ferreira, Fruteau, Garot, Gebhardt, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napolitano, O'Toole, Paasilinna, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Volcic, Walter, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Camre

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

Against: 273

EDD: Abitbol, Bernié, Esclopé, Farage, Mathieu, Saint-Josse, Titford

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Flesch, Huhne, Jensen, Ludford, Maaten, Malmström, Manders, Mulder, Newton Dunn, Nordmann, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Schmidt, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

NI: Beysen, Borghezio, Garaud, Gobbo, Gorostiaga Atxalandabaso, de La Perriere, Mennea, Speroni

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Bremmer, Brienza, Brunetta, Bushill-Matthews, Callanan, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Kaldí, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, 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, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Fava, Ghilardotti, Napoletano, Paciotti, Sacconi, Trentin, Veltroni

UEN: Bigliardo, Marchiani, Nobilia, Pasqua, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Abstention: 20

EDD: Coûteaux

ELDR: Dybkjær

NI: Bonino, Cappato, Claeys, Dell'Alba, Della Vedova, Dillen, Dupuis, de Gaulle, Gollnisch, Lang, Souchet, Turco, Varaut

PPE-DE: Schierhuber

UEN: Collins, Fitzsimons, Hyland, Muscardini

Amendment 23

For: 290

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Dybkjær, Huhne, Jensen, Ludford, Maaten, Malmström, Manders, Mulder, Nordmann, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Schmidt, Sørensen, Thors, Väyrynen, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

GUE/NGL: Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Chountis, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Papayannakis, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Sylla

NI: Gorostiaga Atxalandabaso, Martin Hans-Peter, Raschhofer

PPE-DE: Averoff, Daul, Dimitrakopoulos, Hatzidakis, Kratsa-Tsagaropoulou, Marinos, Mastella, Smet, Trakatellis, Wijkman, Xarchakos, Zacharakis

PSE: Aguiriano Nalda, Andersson, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Corbey, Dehousse, De Keyser, Désir, Dhaene, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Veltroni, Volcic, Walter, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Bigliardo, Camre, Muscardini, Nobilia, Segni, Turchi

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

Against: 224

EDD: Bernié, Coûteaux, Esclopé, Kuntz, Mathieu, Saint-Josse

ELDR: Flesch, Vallvé

GUE/NGL: Ainardi

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

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Bremmer, Brienza, Brunetta, Bushill-Matthews, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Costa Raffaele, Cushnahan, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Foster, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Kaldí, Karas, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Koch, Konrad, Korhola, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wuermeling, Zabell, Zappalà, Zimmerling, Zissener

PSE: Bowe, Hughes, Linkohr

UEN: Andrews, Collins, Fitzsimons, Hyland, Marchiani, Queiró, Ribeiro e Castro, Thomas-Mauro

Abstention: 11

ELDR: Newton Dunn

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

PPE-DE: Florenz, Maat, Oomen-Ruijten

Amendment 82, 1st part

For: 295

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, Busk, Calò, Clegg, Davies, De Clercq, Duff, Dybkjær, Flesch, Huhne, Jensen, Ludford, Maaten, Malmström, Manders, Mulder, Nordmann, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Schmidt, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

GUE/NGL: Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Chountis, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Papayannakis, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Sylla

NI: Gorostiaga Atxalandabaso, Martin Hans-Peter, Raschhofer

PPE-DE: Averoff, Dimitrakopoulos, Hatzidakis, Maat, Marinos, Oomen-Ruijten, Pex, Trakatellis, Wijkman, Xarchakos, Zacharakis

PSE: Aguiriano Nalda, Andersson, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Corbey, Dehousse, De Keyser, Désir, Dhaene, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miller, Miranda de Lage, Moraes, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Veltroni, Volcic, Walter, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Andrews, Bigliardo, Camre, Fitzsimons, Hyland, Muscardini, Nobilia, Queiró, Segni, Turchi

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

Against: 209

EDD: Bernié, Coûteaux, Kuntz, Saint-Josse, Titford

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

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Bremmer, Brienza, Brunetta, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Foster, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Kaldí, Karas, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Lisi, Lulling, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wuermeling, Zabell, Zappalà, Zimmerling, Zissener

UEN: Collins, Marchiani, Ribeiro e Castro, Thomas-Mauro

Abstention: 14

EDD: Mathieu

ELDR: Newton Dunn

GUE/NGL: Ainardi

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

PPE-DE: Florenz

Amendment 82, 2nd part

For: 198

EDD: Andersen, Bonde, Sandbæk

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, Busk, Calò, Clegg, Davies, De Clercq, Duff, Dybkjær, Flesch, Huhne, Jensen, Ludford, Maaten, Manders, Monsonís Domingo, Mulder, Nordmann, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Schmidt, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

PPE-DE: Averoff, Dimitrakopoulos, Hatzidakis, Oomen-Ruijten, Pex, Trakatellis, Wijkman, Xarchakos, Zacharakis

PSE: Aguiriano Nalda, Andersson, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Corbey, Dehousse, De Keyser, Désir, Dhaene, Díez González, Dührkop Dührkop, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Veltroni, Volcic, Walter, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Camre

Against: 309

EDD: Belder, Bernié, Blokland, Coûteaux, van Dam, Esclopé, Kuntz, Mathieu, Saint-Josse, Titford

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Chountis, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Papayannakis, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Sylla

NI: Berthu, Beysen, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Gorostiaga Atxalandabaso, Lang, de La Perriere, Martin Hans-Peter, Raschhofer, Souchet, Varaut

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Bremmer, Brienza, Brunetta, Bushill-Matthews, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Inglewood, Jackson, Jarzembowski, Kaldí, Karas, Kauppi, Khanbhai, Kirkhope, Klamt, Klaß, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Niebler, Nisticò, Ojeda Sanz, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wuermeling, Zabell, Zappalà, Zimmerling, Zissener

UEN: Andrews, Bigliardo, Collins, Crowley, Fitzsimons, Hyland, Marchiani, Muscardini, Nobilia, Queiró, Ribeiro e Castro, Thomas-Mauro, Turchi

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

Abstention: 11

ELDR: Newton Dunn

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

Amendment 118

For: 23

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

ELDR: Dybkjær

GUE/NGL: Krarup

NI: Berthu, Borghezio, Garaud, Gobbo, de La Perriere, Speroni, Varaut

UEN: Andrews, Camre, Collins, Crowley, Fitzsimons, Queiró, Ribeiro e Castro, Thomas-Mauro

Against: 499

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Flesch, Huhne, Jensen, Ludford, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Schmidt, Sørensen, Thors, Väyrynen, Van Hecke, Vermeer, Virrankoski, Wallis, Watson

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

NI: Beysen, Claeys, Dillen, de Gaulle, Gollnisch, Gorostiaga Atxalandabaso, Lang, Martin Hans-Peter, Mennea, Raschhofer, Souchet

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Bremmer, Brienza, Brunetta, Bushill-Matthews, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Costa Raffaele, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Kaldí, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, 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, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Andersson, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Corbett, Corbey, Dehousse, De Keyser, Désir, Dhaene, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Mann Erika, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Veltroni, Volcic, Walter, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Bigliardo, Marchiani, Muscardini, Nobilia, Segni, Turchi

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

Abstention: 8

ELDR: Vallvé

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

UEN: Hyland

Amendment 53

For: 103

EDD: Andersen, Bonde, Sandbæk

ELDR: Van Hecke

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Brie, Caudron, Chountis, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Papayannakis, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Sylla

NI: Gorostiaga Atxalandabaso, Martin Hans-Peter, Raschhofer

PPE-DE: Ebner, Karas, Rack, Radwan, Rübig, Schierhuber, Stenzel

PSE: Berger, Bösch, Dehousse, Dhaene, Dührkop Dührkop, El Khadraoui, Ettl, Scheele, Schulz, Swoboda, Vairinhos

UEN: Camre

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

Against: 414

EDD: Belder, Bernié, Blokland, Coûteaux, van Dam, Esclopé, Kuntz, Mathieu, Saint-Josse, Titford

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Dybkjær, Flesch, Huhne, Jensen, Ludford, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Schmidt, Sørensen, Thors, Väyrynen, Vallvé, Vermeer, Virrankoski, Watson

GUE/NGL: Blak

NI: Berthu, Beysen, Bonino, Cappato, Claeys, Dell'Alba, Della Vedova, Dillen, Dupuis, Garaud, de Gaulle, Gollnisch, Lang, de La Perriere, Souchet, Turco, Varaut

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Bremmer, Brienza, Brunetta, Bushill-Matthews, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Kaldí, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, 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, Rovsing, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Aguiriano Nalda, Andersson, Baltas, Barón Crespo, Berès, van den Berg, Bowe, van den Burg, Campos, Carlotti, Carnero González, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Corbett, De Keyser, Désir, Díez González, Duhamel, Duin, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Schmid Gerhard, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Valenciano Martínez-Orozco, Van Lancker, Veltroni, Volcic, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Andrews, Bigliardo, Collins, Crowley, Fitzsimons, Hyland, Marchiani, Muscardini, Nobilia, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Abstention: 6

GUE/NGL: Laguiller

NI: Borghezio, Gobbo, Mennea, Speroni

PPE-DE: Costa Raffaele

Amendment 54

For: 242

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

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

NI: Gorostiaga Atxalandabaso, Martin Hans-Peter, Raschhofer

PPE-DE: Ebner, Karas, Posselt, Rack, Radwan, Rübig, Schierhuber, Stenzel

PSE: Aguiriano Nalda, Andersson, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Corbett, Dehousse, De Keyser, Désir, Dhaene, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Veltroni, Volcic, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Camre

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Buitenweg, Cohn-Bendit, Duthu, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Gahrton, Graefe zu Baringdorf, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lucas, MacCormick, McKenna, Maes, Mayol i Raynal, Morera i Catalá, Nogueira Román, Onesta, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Staes, Turmes, Voggenhuber, Wuori, Wyn

Against: 267

EDD: Bernié, Coûteaux, Esclopé, Kuntz, Mathieu, Saint-Josse, Titford

ELDR: André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Calò, Clegg, Davies, De Clercq, Duff, Flesch, Huhne, Jensen, Ludford, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Schmidt, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Watson

NI: Berthu, Beysen, Bonino, Borghezio, Cappato, Dell'Alba, Della Vedova, Dupuis, Garaud, Gobbo, de La Perriere, Souchet, Speroni, Turco, Varaut

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Bremmer, Brienza, Brunetta, Bushill-Matthews, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Elles, Fatuzzo, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Kaldí, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Piscarreta, Podestà, Poettering, Pomés Ruiz, Pronk, Purvis, Quisthoudt-Rowohl, Rovsing, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

UEN: Andrews, Bigliardo, Collins, Crowley, Fitzsimons, Hyland, Marchiani, Muscardini, Nobilia, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Abstention: 6

NI: Claeys, Dillen, de Gaulle, Gollnisch, Lang, Mennea

Amendment 55

For: 215

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

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Brie, Caudron, Chountis, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Papayannakis, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Sylla

NI: Gorostiaga Atxalandabaso, Martin Hans-Peter, Raschhofer

PPE-DE: Ebner, Flemming, Karas, Posselt, Rack, Radwan, Rübig, Schierhuber, Stenzel

PSE: Aguiriano Nalda, Andersson, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Casaca, Cercas, Cerdeira Morterero, Ceyhun, Dehousse, De Keyser, Dhaene, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gillig, Glante, Görlach, Gröner, Hänsch, Haug, Hazan, Hedkvist Petersen, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Lund, Malliori, Marinho, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miranda de Lage, Müller, Myller, Napoletano, Napolitano, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schulz, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stockmann, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Veltroni, Volcic, Weiler, Wiersma, Zorba, Zrihen

UEN: Camre

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

Against: 298

EDD: Bernié, Coûteaux, Esclopé, Kuntz, Mathieu, Saint-Josse, Titford

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Dybkjær, Flesch, Huhne, Jensen, Ludford, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Schmidt, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Watson

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

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Brienza, Brunetta, Bushill-Matthews, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Kaldí, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Piscarreta, Podestà, Poettering, Pomés Ruiz, Pronk, Purvis, Quisthoudt-Rowohl, Rovsing, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Bowe, Cashman, Corbett, Désir, Evans Robert J.E., Gill, Honeyball, Howitt, Hughes, Kinnock, Linkohr, McAvan, McCarthy, McNally, Martin David W., Miller, Moraes, Morgan, Murphy, O'Toole, Read, Schmid Gerhard, Simpson, Skinner, Stihler, Swiebel, Titley, Whitehead, Wynn

UEN: Andrews, Bigliardo, Collins, Crowley, Marchiani, Nobilia, Ribeiro e Castro, Segni, Turchi

Abstention: 5

GUE/NGL: Blak

NI: Mennea

PSE: Pittella

UEN: Fitzsimons, Hyland

Amendment 56

For: 101

EDD: Andersen, Bonde, Sandbæk

ELDR: Boogerd-Quaak

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Brie, Caudron, Chountis, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Papayannakis, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Sylla

NI: Gorostiaga Atxalandabaso, Martin Hans-Peter, Raschhofer

PPE-DE: Ebner, Flemming, Karas, Rack, Rübig, Schierhuber, Stenzel

PSE: Berger, Bösch, Dehousse, Ettl, Lund, Marinho, Scheele, Swoboda, Vairinhos

UEN: Camre

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

Against: 418

EDD: Belder, Bernié, Blokland, Coûteaux, van Dam, Esclopé, Kuntz, Mathieu, Saint-Josse, Titford

ELDR: Andreasen, André-Léonard, Attwooll, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Flesch, Huhne, Jensen, Ludford, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Schmidt, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Watson

GUE/NGL: Blak

NI: Berthu, Beysen, Bonino, Borghezio, Cappato, Claeys, Dell'Alba, Della Vedova, Dillen, Dupuis, Garaud, de Gaulle, Gobbo, Gollnisch, Lang, de La Perriere, Mennea, Souchet, Speroni, Turco, Varaut

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Brienza, Brunetta, Bushill-Matthews, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, 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, Herranz García, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Kaldí, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Kirkhope, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, 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, Radwan, Rovsing, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Aguiriano Nalda, Andersson, Baltas, Barón Crespo, Berès, van den Berg, Bowe, van den Burg, Campos, Carlotti, Carnero González, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Corbett, De Keyser, Désir, Dhaene, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, McAvan, McCarthy, McNally, Malliori, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Valenciano Martínez-Orozco, Van Lancker, Veltroni, Volcic, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Andrews, Bigliardo, Collins, Crowley, Fitzsimons, Hyland, Marchiani, Muscardini, Nobilia, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Abstention: 1

ELDR: Dybkjær

Amendment 48

For: 308

EDD: Andersen, Belder, Bernié, Blokland, Bonde, van Dam, Kuntz, Saint-Josse, Sandbæk, Titford

ELDR: Attwooll, Boogerd-Quaak, Clegg, Davies, Duff, Dybkjær, Huhne, Ludford, Malmström, Manders, Paulsen, Plooij-van Gorsel, Procacci, Schmidt, Watson

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

NI: Borghezio, Gobbo, Gorostiaga Atxalandabaso, de La Perriere, Martin Hans-Peter, Raschhofer, Souchet, Speroni, Varaut

PPE-DE: Arvidsson, Atkins, Balfe, Bradbourn, Bushill-Matthews, Cederschiöld, Chichester, Corrie, Deva, Dover, Ebner, Elles, Evans Jonathan, Fatuzzo, Flemming, Foster, Grönfeldt Bergman, Grosch, Harbour, Helmer, Inglewood, Karas, Khanbhai, Kirkhope, Parish, Perry, Purvis, Rack, Rübig, Scallon, Schierhuber, Smet, Stenmarck, Stenzel, Stevenson, Sturdy, Tannock, Twinn, Van Orden, Villiers, Vlasto

PSE: Aguiriano Nalda, Andersson, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Corbett, De Keyser, Désir, Dhaene, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Veltroni, Volcic, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Bigliardo, Camre, Queiró, Ribeiro e Castro, Thomas-Mauro

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

Against: 208

EDD: Coûteaux

ELDR: Andreasen, André-Léonard, van den Bos, Busk, Calò, De Clercq, Flesch, Jensen, Maaten, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Pesälä, Pohjamo, Riis-Jørgensen, Rutelli, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski

GUE/NGL: Bordes

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

PPE-DE: Almeida Garrett, Andria, Averoff, Avilés Perea, Ayuso González, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bremmer, Brienza, Brunetta, Camisón Asensio, Cardoso, Cesaro, Cocilovo, Coelho, Cornillet, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Doyle, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Florenz, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Gil-Robles Gil-Delgado, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grossetête, Gutiérrez-Cortines, Hannan, Hatzidakis, Heaton-Harris, Hermange, Hernández Mollar, Herranz García, Hieronymi, Jackson, Jarzembowski, Jeggle, Kaldí, Kastler, Kauppi, Keppelhoff-Wiechert, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Nisticò, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Pastorelli, Pérez Álvarez, Pex, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Quisthoudt-Rowohl, Radwan, Rovsing, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Schaffner, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Sommer, Stauner, Stockton, Sudre, Suominen, Tajani, Theato, Thyssen, Trakatellis, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vila Abelló, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Dehousse

UEN: Andrews, Collins, Crowley, Fitzsimons, Hyland, Marchiani, Muscardini, Nobilia, Segni, Turchi

Abstention: 10

EDD: Mathieu

GUE/NGL: Laguiller

NI: Berthu, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Lang, Mennea

Amendments 52 + 58

For: 119

EDD: Andersen, Bonde, Sandbæk

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Chountis, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Papayannakis, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Sylla

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

PPE-DE: Ebner, García-Orcoyen Tormo, Lechner, Liese, Mastella, Wijkman

PSE: Carlotti, Dehousse, De Keyser, Désir, Dhaene, Duhamel, El Khadraoui, Ferreira, Fruteau, Garot, Gillig, Guy-Quint, Hazan, Lalumière, Lund, Marinho, Paasilinna, Pérez Royo, Poignant, Roure, Savary, Thorning-Schmidt, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Zrihen

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

Against: 392

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Dybkjær, Flesch, Huhne, Jensen, Ludford, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Schmidt, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Watson

NI: Berthu, Beysen, Cappato, Dell'Alba, Della Vedova, Dupuis, Garaud, de La Perriere, Mennea, Turco, Varaut

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Bremmer, Brienza, Brunetta, Bushill-Matthews, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, Gargani, Garriga Polledo, Gawronski, Gemelli, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Kaldí, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lehne, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, 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, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Aguiriano Nalda, Andersson, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Bowe, van den Burg, Campos, Carnero González, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Corbett, Corbey, Díez González, Dührkop Dührkop, Duin, Ettl, Evans Robert J.E., Färm, Fava, Ford, Gebhardt, Ghilardotti, Gill, Glante, Goebbels, Görlach, Gröner, Hänsch, Haug, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lange, Leinen, Linkohr, McAvan, McCarthy, McNally, Malliori, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paciotti, Patrie, Piecyk, Pittella, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Titley, Torres Marques, Trentin, Tsatsos, Veltroni, Volcic, Weiler, Whitehead, Wiersma, Wynn, Zorba

UEN: Andrews, Bigliardo, Collins, Crowley, Fitzsimons, Hyland, Marchiani, Muscardini, Nobilia, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Abstention: 10

EDD: Bernié, Esclopé, Mathieu, Saint-Josse

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

UEN: Camre

Amendments 53 + 59

For: 114

EDD: Andersen, Bonde, Sandbæk

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Chountis, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Papayannakis, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Sylla

NI: Borghezio, Gobbo, Gorostiaga Atxalandabaso, Martin Hans-Peter, Raschhofer, Speroni

PSE: Berès, Carlotti, Dehousse, De Keyser, Désir, Dhaene, Duhamel, El Khadraoui, Ferreira, Fruteau, Garot, Gillig, Guy-Quint, Hazan, Lalumière, Lund, Marinho, Paasilinna, Pérez Royo, Poignant, Rocard, Roure, Savary, Thorning-Schmidt, Vairinhos, Van Lancker, Zrihen

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

Against: 390

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Dybkjær, Flesch, Huhne, Jensen, Ludford, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Schmidt, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Watson

NI: Berthu, Beysen, Cappato, Dupuis, de La Perriere, Mennea, Turco, Varaut

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Bremmer, Brienza, Brunetta, Bushill-Matthews, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Kaldí, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Ojeda Sanz, Oomen-Ruijten, Oostlander, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Aguiriano Nalda, Andersson, Baltas, Barón Crespo, van den Berg, Berger, Bösch, Bowe, Campos, Carnero González, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Corbett, Corbey, Díez González, Dührkop Dührkop, Duin, Ettl, Evans Robert J.E., Färm, Fava, Ford, Gebhardt, Ghilardotti, Gill, Glante, Goebbels, Görlach, Gröner, Hänsch, Haug, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lange, Leinen, Linkohr, McAvan, McCarthy, McNally, Malliori, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paciotti, Patrie, Piecyk, Pittella, Poos, Prets, Randzio-Plath, Rapkay, Read, Roth-Behrendt, Rothe, Rothley, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Titley, Torres Marques, Trentin, Tsatsos, Valenciano Martínez-Orozco, Veltroni, Volcic, Weiler, Whitehead, Wiersma, Wynn, Zorba

UEN: Andrews, Bigliardo, Collins, Crowley, Fitzsimons, Hyland, Marchiani, Muscardini, Nobilia, Queiró, Ribeiro e Castro, Segni, Turchi

Abstention: 11

EDD: Bernié, Esclopé, Mathieu, Saint-Josse

NI: Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Lang

UEN: Camre

Amendments 54 + 60

For: 113

EDD: Andersen, Bonde, Sandbæk

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Chountis, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Papayannakis, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Sylla

NI: Borghezio, Gobbo, Gorostiaga Atxalandabaso, Martin Hans-Peter, Raschhofer, Speroni

PSE: Berès, Carlotti, Dehousse, De Keyser, Désir, Dhaene, Duhamel, El Khadraoui, Ferreira, Fruteau, Garot, Gillig, Guy-Quint, Hazan, Lalumière, Lund, Marinho, Patrie, Pérez Royo, Poignant, Rocard, Roure, Savary, Vairinhos, Van Lancker, Zrihen

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

Against: 391

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

ELDR: Andreasen, André-Léonard, Attwooll, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Dybkjær, Flesch, Huhne, Jensen, Ludford, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Schmidt, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Watson

NI: Berthu, Beysen, Cappato, Dell'Alba, Della Vedova, Dupuis, de La Perriere, Mennea, Turco, Varaut

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Bremmer, Brienza, Brunetta, Bushill-Matthews, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Inglewood, Jackson, Jarzembowski, Kaldí, Karas, Kastler, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, 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, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Aguiriano Nalda, Andersson, Baltas, Barón Crespo, van den Berg, Berger, Bösch, Bowe, Campos, Carnero González, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Corbett, Corbey, Díez González, Dührkop Dührkop, Duin, Ettl, Evans Robert J.E., Färm, Fava, Ford, Gebhardt, Ghilardotti, Gill, Glante, Goebbels, Görlach, Gröner, Hänsch, Haug, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lange, Leinen, Linkohr, McAvan, McCarthy, McNally, Malliori, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Paciotti, Piecyk, Pittella, Poos, Prets, Randzio-Plath, Rapkay, Read, Roth-Behrendt, Rothe, Rothley, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Soriano Gil, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Valenciano Martínez-Orozco, Veltroni, Volcic, Weiler, Whitehead, Wiersma, Wynn, Zorba

UEN: Andrews, Bigliardo, Collins, Crowley, Fitzsimons, Hyland, Marchiani, Muscardini, Nobilia, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Abstention: 11

EDD: Bernié, Esclopé, Mathieu, Saint-Josse

NI: Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Lang

UEN: Camre

Amendments 55 + 61

For: 237

EDD: Andersen, Bonde, Sandbæk

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Chountis, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Papayannakis, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Sylla

NI: Gorostiaga Atxalandabaso, Raschhofer

PPE-DE: Bremmer, Maat

PSE: Aguiriano Nalda, Andersson, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Corbett, Corbey, Dehousse, De Keyser, Désir, Dhaene, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Veltroni, Volcic, Whitehead, Wiersma, Wynn, Zorba, Zrihen

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

Against: 271

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Flesch, Jensen, Ludford, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Schmidt, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Watson

NI: Berthu, Beysen, Borghezio, Cappato, Dell'Alba, Della Vedova, Dupuis, Garaud, Gobbo, de La Perriere, Martin Hans-Peter, Mennea, Speroni, Turco, Varaut

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Brienza, Brunetta, Bushill-Matthews, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Foster, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Inglewood, Jackson, Jarzembowski, Jeggle, Kaldí, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, 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, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

UEN: Andrews, Bigliardo, Collins, Crowley, Fitzsimons, Hyland, Marchiani, Muscardini, Nobilia, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Abstention: 9

EDD: Bernié, Esclopé, Mathieu, Saint-Josse

ELDR: Dybkjær

NI: Claeys, Dillen, de Gaulle

UEN: Camre

Amendment 68

For: 240

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

GUE/NGL: Krarup

NI: Berthu, Beysen, Cappato, Claeys, Dell'Alba, Dillen, Dupuis, Garaud, de Gaulle, Gollnisch, Lang, de La Perriere, Mennea, Raschhofer, Turco, Varaut

PPE-DE: Almeida Garrett, Andria, Arvidsson, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Brienza, Brunetta, Bushill-Matthews, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Hieronymi, Inglewood, Jackson, Jarzembowski, Kaldí, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, 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, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Marinho

UEN: Andrews, Bigliardo, Camre, Collins, Crowley, Muscardini, Nobilia, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Against: 278

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Flesch, Huhne, Jensen, Ludford, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Schmidt, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski, Watson

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Bordes, Brie, Caudron, Chountis, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Papayannakis, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Sylla

NI: Borghezio, Della Vedova, Gobbo, Martin Hans-Peter, Speroni

PPE-DE: Atkins, Jeggle, Wieland, Wijkman

PSE: Aguiriano Nalda, Andersson, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Corbett, Corbey, Dehousse, De Keyser, Désir, Dhaene, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Görlach, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Kuhne, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Veltroni, Volcic, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Fitzsimons, Hyland, Marchiani

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

Abstention: 2

NI: Gorostiaga Atxalandabaso

Verts/ALE: Schörling

Amendment 11

For: 280

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, Busk, Calò, Clegg, Davies, De Clercq, Duff, Dybkjær, Flesch, Huhne, Jensen, Maaten, Malmström, Monsonís Domingo, Newton Dunn, Nordmann, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Schmidt, Sørensen, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Brie, Caudron, Chountis, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Fraisse, Jové Peres, Kaufmann, Koulourianos, Krarup, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Papayannakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Sylla

NI: Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Gorostiaga Atxalandabaso, Lang, Martin Hans-Peter, Raschhofer

PPE-DE: De Veyrac, Goepel, Santini, Wijkman

PSE: Aguiriano Nalda, Andersson, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Corbey, Dehousse, De Keyser, Désir, Dhaene, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Veltroni, Volcic, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Andrews, Camre, Collins, Crowley, Fitzsimons, Hyland

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

Against: 220

EDD: Bernié, Coûteaux, Esclopé, Kuntz, Mathieu, Saint-Josse, Titford

ELDR: van den Bos, Ludford, Mulder, Thors

NI: Berthu, Beysen, Borghezio, Gobbo, de La Perriere, Mennea, Speroni, Varaut

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Bremmer, Brienza, Brunetta, Bushill-Matthews, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Glase, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Inglewood, Jackson, Jarzembowski, Jeggle, Kaldí, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

UEN: Bigliardo, Marchiani, Muscardini, Nobilia, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Abstention: 11

ELDR: Manders

GUE/NGL: Alyssandrakis, Herzog, Korakas, Patakis

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

Amendment 12

For: 272

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Dybkjær, Flesch, Jensen, Ludford, Maaten, Malmström, Mulder, Newton Dunn, Nordmann, Paulsen, Pesälä, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Schmidt, Sørensen, Thors, Väyrynen, Van Hecke, Vermeer, Virrankoski

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Chountis, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Papayannakis, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Seppänen, Sjöstedt, Sylla

NI: Gorostiaga Atxalandabaso, Martin Hans-Peter, Raschhofer

PPE-DE: De Veyrac, Wijkman

PSE: Aguiriano Nalda, Andersson, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Corbey, Dehousse, De Keyser, Désir, Dhaene, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schulz, Simpson, Skinner, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swoboda, Terrón i Cusí, Theorin, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Veltroni, Volcic, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Andrews, Camre, Collins, Crowley, Fitzsimons, Hyland

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

Against: 221

EDD: Bernié, Coûteaux, Esclopé, Kuntz, Mathieu, Saint-Josse

ELDR: Plooij-van Gorsel

NI: Berthu, Beysen, Claeys, Dillen, Garaud, de Gaulle, Gollnisch, Lang, de La Perriere, Mennea

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Bremmer, Brienza, Brunetta, Bushill-Matthews, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Glase, Goepel, Gomolka, Goodwill, Graça Moura, Grönfeldt Bergman, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Inglewood, Jackson, Jarzembowski, Jeggle, Kaldí, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, 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, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Goebbels

UEN: Bigliardo, Marchiani, Muscardini, Nobilia, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Abstention: 9

ELDR: Manders

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

Amendment 13

For: 270

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Dybkjær, Flesch, Huhne, Jensen, Ludford, Maaten, Malmström, Mulder, Newton Dunn, Paulsen, Pesälä, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Schmidt, Sørensen, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Chountis, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Papayannakis, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Sylla

NI: Gorostiaga Atxalandabaso, Martin Hans-Peter, Raschhofer

PPE-DE: Koch, Wijkman

PSE: Aguiriano Nalda, Andersson, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Casaca, Cashman, Cerdeira Morterero, Ceyhun, Corbey, Dehousse, De Keyser, Désir, Dhaene, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Kindermann, Kinnock, Krehl, Kreissl-Dörfler, Kuckelkorn, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Veltroni, Volcic, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Camre, Fitzsimons

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

Against: 233

EDD: Bernié, Esclopé, Kuntz, Mathieu, Saint-Josse, Titford

ELDR: Nordmann, Plooij-van Gorsel, Thors

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

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Bremmer, Brienza, Brunetta, Bushill-Matthews, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Inglewood, Jackson, Jarzembowski, Jeggle, Kaldí, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Knolle, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Nassauer, Nicholson, 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, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

UEN: Andrews, Bigliardo, Collins, Crowley, Hyland, Marchiani, Muscardini, Nobilia, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Abstention: 7

ELDR: Manders

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

Amendment 14

For: 481

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Dybkjær, Flesch, Huhne, Jensen, Ludford, Maaten, Malmström, Manders, Monsonís Domingo, Newton Dunn, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Schmidt, Sørensen, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Chountis, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Papayannakis, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Sylla

NI: Berthu, Beysen, Borghezio, Garaud, Gobbo, Gorostiaga Atxalandabaso, de La Perriere, Martin Hans-Peter, Raschhofer, Speroni, Varaut

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Brienza, Brunetta, Bushill-Matthews, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Inglewood, Jackson, Jarzembowski, Jeggle, Kaldí, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Maat, McCartin, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Ojeda Sanz, Oomen-Ruijten, Oostlander, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Wuermeling, Zabell, Zappalà, Zimmerling, Zissener

PSE: Aguiriano Nalda, Andersson, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Corbey, Dehousse, De Keyser, Désir, Dhaene, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Lage, Lalumière, Lange, Leinen, Lund, McAvan, McCarthy, McNally, Malliori, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Veltroni, Volcic, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Andrews, Bigliardo, Camre, Collins, Crowley, Fitzsimons, Hyland, Queiró, Ribeiro e Castro, Thomas-Mauro

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

Against: 14

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

PPE-DE: McMillan-Scott, Mastella, Suominen

PSE: Goebbels

UEN: Marchiani, Muscardini, Nobilia, Segni, Turchi

Abstention: 15

ELDR: Mulder, Nordmann, Thors

NI: Cappato, Claeys, Dell'Alba, Della Vedova, Dillen, Dupuis, de Gaulle, Gollnisch, Lang, Mennea, Turco

PPE-DE: Xarchakos

Amendment 15

For: 343

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Dybkjær, Flesch, Huhne, Jensen, Ludford, Maaten, Malmström, Manders, Newton Dunn, Nordmann, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Schmidt, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Chountis, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Papayannakis, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Sylla

NI: Berthu, Beysen, Garaud, Gorostiaga Atxalandabaso, de La Perriere, Martin Hans-Peter, Raschhofer, Varaut

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Bremmer, Brienza, Brunetta, Bushill-Matthews, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Fatuzzo, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Inglewood, Jackson, Jarzembowski, Jeggle, Kaldí, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Ojeda Sanz, Oomen-Ruijten, Oostlander, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Sturdy, Sudre, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, de Veyrinas, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Dehousse, Dhaene, El Khadraoui, Ford, Lund, Napoletano, Piecyk, Thorning-Schmidt, Vairinhos

UEN: Andrews, Camre, Collins, Crowley, Fitzsimons, Hyland, Queiró, Ribeiro e Castro, Thomas-Mauro

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

Against: 147

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

NI: Mennea

PPE-DE: Mastella

PSE: Andersson, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Corbey, De Keyser, Désir, Díez González, Dührkop Dührkop, Duhamel, Duin, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Lage, Lalumière, Lange, Leinen, Linkohr, McAvan, McCarthy, McNally, Malliori, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napolitano, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schulz, Simpson, Skinner, Soares, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Titley, Torres Marques, Trentin, Tsatsos, Valenciano Martínez-Orozco, Van Lancker, Veltroni, Volcic, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Marchiani, Muscardini, Nobilia, Segni

Abstention: 16

ELDR: Mulder

NI: Bonino, Borghezio, Cappato, Claeys, Dell'Alba, Della Vedova, Dillen, Dupuis, de Gaulle, Gobbo, Gollnisch, Lang, Speroni, Turco

PPE-DE: Xarchakos

Amendment 34

For: 392

EDD: Bernié, Coûteaux, Esclopé, Kuntz, Mathieu, Saint-Josse, Titford

ELDR: Nordmann, Plooij-van Gorsel

GUE/NGL: Bakopoulos, Caudron, Chountis, Di Lello Finuoli, Eriksson, Fiebiger, Jové Peres, Krarup, Manisco, Markov, Marset Campos, Meijer, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Sjöstedt, Sylla

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

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Brienza, Bushill-Matthews, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Inglewood, Jackson, Jarzembowski, Jeggle, Kaldí, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Ojeda Sanz, Oomen-Ruijten, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wuermeling, Xarchakos, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Aguiriano Nalda, Andersson, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, van den Burg, Campos, Carlotti, Carnero González, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Corbey, Dehousse, Désir, Díez González, Dührkop Dührkop, Duhamel, Duin, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Lage, Lalumière, Lange, Leinen, Linkohr, McAvan, McCarthy, McNally, Malliori, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schulz, Simpson, Skinner, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Valenciano Martínez-Orozco, Van Lancker, Veltroni, Volcic, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Andrews, Camre, Collins, Crowley, Fitzsimons, Hyland, Muscardini, Nobilia, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Against: 111

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Dybkjær, Flesch, Huhne, Jensen, Ludford, Maaten, Malmström, Monsonís Domingo, Newton Dunn, Paulsen, Pesälä, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Schmidt, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski

GUE/NGL: Ainardi, Alyssandrakis, Bergaz Conesa, Blak, Bordes, Brie, Figueiredo, Frahm, Fraisse, Kaufmann, Korakas, Koulourianos, Krivine, Laguiller, Modrow, Morgantini, Papayannakis, Patakis, Schröder Ilka, Seppänen

NI: Gorostiaga Atxalandabaso, Martin Hans-Peter, Raschhofer

PPE-DE: Bremmer

PSE: Bowe, De Keyser, Dhaene, El Khadraoui, Lund, Vairinhos

UEN: Marchiani

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

Abstention: 10

ELDR: Manders, Mulder

GUE/NGL: Herzog

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

PPE-DE: Wijkman

Amendment 20

For: 253

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Dybkjær, Flesch, Huhne, Jensen, Ludford, Maaten, Malmström, Monsonís Domingo, Newton Dunn, Paulsen, Pesälä, Pohjamo, Procacci, Riis-Jørgensen, Rutelli, Schmidt, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Virrankoski

GUE/NGL: Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Chountis, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Fraisse, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Papayannakis, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Sylla

NI: Gorostiaga Atxalandabaso, Martin Hans-Peter, Raschhofer

PPE-DE: Andria, Sacrédeus, Wijkman, Xarchakos

PSE: Aguiriano Nalda, Andersson, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Casaca, Cercas, Cerdeira Morterero, Ceyhun, Corbey, Dehousse, De Keyser, Désir, Dhaene, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Färm, Fava, Ferreira, Fruteau, Garot, Gebhardt, Ghilardotti, Gillig, Glante, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, Malliori, Marinho, Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miranda de Lage, Moraes, Müller, Myller, Napoletano, Napolitano, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schmid Gerhard, Schulz, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Veltroni, Volcic, Weiler, Wiersma, Zorba, Zrihen

UEN: Andrews, Camre, Segni, Thomas-Mauro

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

Against: 244

EDD: Bernié, Esclopé, Kuntz, Mathieu, Saint-Josse, Titford

ELDR: Nordmann, Plooij-van Gorsel

NI: Berthu, Beysen, Borghezio, Gobbo, de La Perriere, Mennea, Speroni, Varaut

PPE-DE: Almeida Garrett, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Bremmer, Brienza, Brunetta, Bushill-Matthews, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Inglewood, Jackson, Jarzembowski, Jeggle, Kaldí, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Ojeda Sanz, Oomen-Ruijten, Oreja Arburúa, Pacheco Pereira, Pack, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Cashman, Evans Robert J.E., Ford, Gill, Goebbels, Honeyball, Howitt, Hughes, Kinnock, McCarthy, McNally, Martin David W., Miller, Morgan, Murphy, O'Toole, Read, Simpson, Skinner, Stihler, Titley, Whitehead, Wynn

UEN: Collins, Crowley, Fitzsimons, Hyland, Marchiani, Muscardini, Nobilia, Ribeiro e Castro, Turchi

Abstention: 18

ELDR: Manders, Mulder, Rousseaux, Vermeer

GUE/NGL: Herzog

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

PSE: Bowe

Amendment 21, 1st part

For: 273

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

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Dybkjær, Flesch, Jensen, Ludford, Maaten, Malmström, Monsonís Domingo, Newton Dunn, Nordmann, Paulsen, Pesälä, Pohjamo, Procacci, Riis-Jørgensen, Rutelli, Schmidt, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Virrankoski

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Chountis, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Papayannakis, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Sylla

NI: Borghezio, Gobbo, Gorostiaga Atxalandabaso, Martin Hans-Peter, Raschhofer, Speroni

PPE-DE: Florenz, Wijkman, Xarchakos

PSE: Aguiriano Nalda, Andersson, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Corbey, Dehousse, De Keyser, Désir, Dhaene, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Lage, Lange, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Veltroni, Volcic, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Andrews

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Cohn-Bendit, Duthu, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Gahrton, Graefe zu Baringdorf, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, Lucas, MacCormick, McKenna, Maes, Mayol i Raynal, Morera i Catalá, Onesta, Rod, de Roo, Rühle, Schörling, Schroedter, Sörensen, Staes, Turmes, Voggenhuber, Wuori, Wyn

Against: 223

EDD: Bernié, Esclopé, Kuntz, Mathieu, Saint-Josse, Titford

ELDR: Plooij-van Gorsel

NI: Berthu, Beysen, Claeys, Dillen, de Gaulle, Gollnisch, Lang, de La Perriere, Mennea, Varaut

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Bremmer, Brienza, Bushill-Matthews, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Dimitrakopoulos, Doorn, Dover, Doyle, Ebner, Elles, Fatuzzo, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Foster, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Inglewood, Jackson, Jarzembowski, Jeggle, Kaldí, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, McMillan-Scott, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Ojeda Sanz, Oomen-Ruijten, Oreja Arburúa, Pacheco Pereira, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Bowe

UEN: Collins, Crowley, Fitzsimons, Hyland, Marchiani, Muscardini, Nobilia, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Abstention: 10

ELDR: Manders, Mulder

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

UEN: Camre

Amendment 21, 2nd part

For: 234

EDD: Andersen, Bonde, Sandbæk

GUE/NGL: Ainardi, Alyssandrakis, Bakopoulos, Bergaz Conesa, Blak, Bordes, Brie, Caudron, Chountis, Di Lello Finuoli, Eriksson, Fiebiger, Figueiredo, Frahm, Fraisse, Herzog, Jové Peres, Kaufmann, Korakas, Koulourianos, Krarup, Krivine, Laguiller, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Papayannakis, Patakis, Puerta, Ribeiro, Scarbonchi, Schmid Herman, Schröder Ilka, Seppänen, Sjöstedt, Sylla

NI: Gorostiaga Atxalandabaso, Martin Hans-Peter, Raschhofer

PPE-DE: Wijkman, Xarchakos

PSE: Aguiriano Nalda, Andersson, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Campos, Carlotti, Carnero González, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Corbey, Dehousse, De Keyser, Désir, Dhaene, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Karlsson, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Lage, Lalumière, Lange, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Veltroni, Volcic, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

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

Against: 269

EDD: Belder, Bernié, Blokland, Coûteaux, van Dam, Esclopé, Kuntz, Mathieu, Saint-Josse, Titford

ELDR: Andreasen, André-Léonard, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Dybkjær, Flesch, Huhne, Jensen, Ludford, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Paulsen, Pesälä, Plooij-van Gorsel, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Schmidt, Sørensen, Thors, Väyrynen, Vallvé, Van Hecke, Vermeer, Virrankoski

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

PPE-DE: Almeida Garrett, Andria, Arvidsson, Atkins, Averoff, Avilés Perea, Ayuso González, Balfe, Banotti, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Bodrato, Böge, von Boetticher, Bourlanges, Bradbourn, Bremmer, Brienza, Brunetta, Bushill-Matthews, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Chichester, Cocilovo, Coelho, Cornillet, Corrie, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Deva, De Veyrac, Doorn, Dover, Doyle, Ebner, Elles, Evans Jonathan, Fatuzzo, Ferber, Fernández Martín, Ferrer, Ferri, Fiori, Flemming, Florenz, Foster, Fourtou, Friedrich, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Glase, Goepel, Gomolka, Goodwill, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Gutiérrez-Cortines, Hannan, Harbour, Hatzidakis, Heaton-Harris, Helmer, Hermange, Hernández Mollar, Herranz García, Inglewood, Jackson, Jarzembowski, Jeggle, Kaldí, Karas, Kastler, Kauppi, Keppelhoff-Wiechert, Khanbhai, Klamt, Klaß, Knolle, Koch, Konrad, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langen, Langenhagen, Laschet, Lechner, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Mann Thomas, Mantovani, Marinos, Marques, Martens, Martin Hugues, Mastella, Matikainen-Kallström, Mauro, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Montfort, Morillon, Musotto, Naranjo Escobar, Nassauer, Nicholson, Ojeda Sanz, Oomen-Ruijten, Oreja Arburúa, Pacheco Pereira, Parish, Pastorelli, Pérez Álvarez, Perry, Pex, Piscarreta, Podestà, Poettering, Pomés Ruiz, Posselt, Pronk, Purvis, Quisthoudt-Rowohl, Radwan, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Scallon, Schaffner, Schierhuber, Schleicher, Schmitt, Schnellhardt, Schröder Jürgen, Smet, Sommer, Stauner, Stenmarck, Stenzel, Stevenson, Stockton, Sturdy, Sudre, Suominen, Tajani, Tannock, Theato, Thyssen, Trakatellis, Twinn, Van Orden, Varela Suanzes-Carpegna, Vatanen, van Velzen, de Veyrinas, Vila Abelló, Villiers, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wuermeling, Zabell, Zacharakis, Zappalà, Zimmerling, Zissener

PSE: Goebbels

UEN: Andrews, Collins, Crowley, Hyland, Marchiani, Muscardini, Nobilia, Queiró, Ribeiro e Castro, Segni, Thomas-Mauro, Turchi

Abstention: 5

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

Resolution

For: 383

ELDR: Andreasen, André-Léonard, Attwooll, Boogerd-Quaak, van den Bos, Busk, Calò, Clegg, Davies, De Clercq, Duff, Dybkjær, Flesch, Huhne, Jensen, Ludford, Maaten, Malmström, Manders, Monsonís Domingo, Mulder, Newton Dunn, Nordmann, Paulsen, Pesälä, Pohjamo, Procacci, Riis-Jørgensen, Rousseaux, Rutelli, Schmidt, Sørensen, Thors, Väyrynen, Vallvé, Vermeer, Virrankoski

GUE/NGL: Ainardi, Bakopoulos, Bergaz Conesa, Blak, Brie, Caudron, Di Lello Finuoli, Fiebiger, Fraisse, Herzog, Jové Peres, Kaufmann, Koulourianos, Manisco, Markov, Marset Campos, Meijer, Modrow, Morgantini, Papayannakis, Puerta

NI: Beysen, Bonino, Cappato, Dell'Alba, Della Vedova, Dupuis, Gorostiaga Atxalandabaso, Martin Hans-Peter, Mennea, Raschhofer, Turco

PPE-DE: Andria, Arvidsson, Averoff, Avilés Perea, Ayuso González, Bartolozzi, Bastos, Bayona de Perogordo, Berend, Böge, Bourlanges, Bremmer, Brunetta, Camisón Asensio, Cardoso, Cederschiöld, Cesaro, Coelho, Cushnahan, Daul, Dell'Utri, De Mita, Deprez, De Sarnez, Descamps, Dimitrakopoulos, Doorn, Doyle, Ebner, Fernández Martín, Ferrer, Ferri, Flemming, Fourtou, Gahler, García-Margallo y Marfil, García-Orcoyen Tormo, Gargani, Garriga Polledo, Gawronski, Gemelli, Glase, Gomolka, Gouveia, Graça Moura, Grönfeldt Bergman, Grosch, Grossetête, Hatzidakis, Hermange, Hernández Mollar, Herranz García, Jackson, Jeggle, Kaldí, Karas, Kauppi, Keppelhoff-Wiechert, Klamt, Knolle, Korhola, Kratsa-Tsagaropoulou, Lamassoure, Langenhagen, Laschet, Lehne, Liese, Lisi, Lulling, Maat, McCartin, Mann Thomas, Marinos, Martens, Martin Hugues, Matikainen-Kallström, Mayer Hans-Peter, Mayer Xaver, Menrad, Mombaur, Morillon, Musotto, Naranjo Escobar, Nassauer, Ojeda Sanz, Oomen-Ruijten, Oreja Arburúa, Pacheco Pereira, Pastorelli, Pérez Álvarez, Pex, Podestà, Poettering, Posselt, Pronk, Quisthoudt-Rowohl, Rack, Radwan, Rovsing, Rübig, Sacrédeus, Salafranca Sánchez-Neyra, Santer, Santini, Sartori, Schaffner, Schleicher, Schmitt, Schnellhardt, Stauner, Stenmarck, Stenzel, Sudre, Suominen, Tajani, Theato, Thyssen, Trakatellis, Varela Suanzes-Carpegna, Vatanen, de Veyrinas, Vila Abelló, Vlasto, Wachtmeister, Wenzel-Perillo, Wieland, Wijkman, Xarchakos, Zabell, Zacharakis, Zappalà

PSE: Aguiriano Nalda, Andersson, Baltas, Barón Crespo, Berès, van den Berg, Berger, Bösch, Bowe, Bullmann, van den Burg, Carlotti, Carnero González, Casaca, Cashman, Cercas, Cerdeira Morterero, Ceyhun, Corbey, Dehousse, De Keyser, Désir, Dhaene, Díez González, Dührkop Dührkop, Duhamel, Duin, El Khadraoui, Ettl, Evans Robert J.E., Färm, Fava, Ferreira, Ford, Fruteau, Garot, Gebhardt, Ghilardotti, Gill, Gillig, Glante, Goebbels, Gröner, Guy-Quint, Hänsch, Haug, Hazan, Hedkvist Petersen, Honeyball, Howitt, Hughes, van Hulten, Iivari, Izquierdo Collado, Izquierdo Rojo, Jöns, Karamanou, Katiforis, Keßler, Kindermann, Kinnock, Koukiadis, Krehl, Kreissl-Dörfler, Kuckelkorn, Lage, Lalumière, Leinen, Linkohr, Lund, McAvan, McCarthy, McNally, Malliori, Marinho, Martin David W., Martínez Martínez, Mastorakis, Medina Ortega, Mendiluce Pereiro, Menéndez del Valle, Miguélez Ramos, Miller, Miranda de Lage, Moraes, Morgan, Müller, Murphy, Myller, Napoletano, Napolitano, O'Toole, Paasilinna, Paciotti, Patrie, Pérez Royo, Piecyk, Pittella, Poignant, Poos, Prets, Randzio-Plath, Rapkay, Read, Rocard, Roth-Behrendt, Rothe, Rothley, Roure, Sacconi, Sakellariou, Sandberg-Fries, dos Santos, Savary, Scheele, Schmid Gerhard, Schulz, Simpson, Skinner, Soares, Soriano Gil, Sornosa Martínez, Souladakis, Sousa Pinto, Stihler, Stockmann, Swiebel, Swoboda, Terrón i Cusí, Theorin, Thorning-Schmidt, Titley, Torres Marques, Trentin, Tsatsos, Vairinhos, Valenciano Martínez-Orozco, Van Lancker, Veltroni, Volcic, Weiler, Whitehead, Wiersma, Wynn, Zorba, Zrihen

UEN: Crowley, Fitzsimons, Queiró

Verts/ALE: Aaltonen, Ahern, Auroi, Boumediene-Thiery, Bouwman, Breyer, Buitenweg, Cohn-Bendit, Duthu, Echerer, Evans Jillian, Ferrández Lezaun, Flautre, Frassoni, Graefe zu Baringdorf, Isler Béguin, Jonckheer, Lagendijk, Lambert, Lannoye, MacCormick, Maes, Morera i Catalá, Nogueira Román, Onesta, Rod, Rühle, Schroedter, Sörensen, Staes, Turmes, Voggenhuber, Wuori, Wyn

Against: 30

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

GUE/NGL: Seppänen

NI: Berthu, Borghezio, Claeys, Dillen, Garaud, Gobbo, de La Perriere, Speroni

PPE-DE: Almeida Garrett, Fiori, Jarzembowski, Mastella, Mauro, Wuermeling

UEN: Andrews, Marchiani, Ribeiro e Castro, Thomas-Mauro

Abstention: 52

GUE/NGL: Alyssandrakis, Bordes, Eriksson, Figueiredo, Frahm, Korakas, Krarup, Krivine, Laguiller, Patakis, Ribeiro, Schmid Herman, Schröder Ilka, Sjöstedt, Sylla

PPE-DE: Atkins, von Boetticher, Bradbourn, Bushill-Matthews, Corrie, Deva, Dover, Elles, Evans Jonathan, Ferber, Foster, Friedrich, Goodwill, Hannan, Harbour, Heaton-Harris, Inglewood, Kastler, Khanbhai, Koch, Konrad, Mantovani, Montfort, Parish, Perry, Purvis, Schierhuber, Stevenson, Sturdy, Tannock, Twinn, Van Orden, Villiers

UEN: Camre, Hyland, Turchi

Verts/ALE: Mayol i Raynal

---

TEXTS ADOPTED

P5_TA(2004)0278

Wider Europe — New Neighbourhood policy *

European Parliament legislative resolution on the proposal for a Council decision amending Decision 2000/24/EC to take into account the enlargement of European Union and the EU's Wider Europe -New Neighbourhood policy (COM(2003) 603 — C5-0501/2003 — 2003/0232(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2003) 603) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2003) 603) (1),

| — | having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0501/2003), |
| --- | --- |

—

having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0501/2003),

| — | 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 Budgets and the opinions of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy and the Committee on Industry, External Trade, Research and Energy (A5-0198/2004), |
| --- | --- |

—

having regard to the report of the Committee on Budgets and the opinions of the Committee on Foreign Affairs, Human Rights, Common Security and Defence Policy and the Committee on Industry, External Trade, Research and Energy (A5-0198/2004),

| 1. | Approves the Commission proposal as amended on 31 March 2004 (2); |
| --- | --- |

1.

Approves the Commission proposal as amended on 31 March 2004 (2);

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

2.

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

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

3.

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

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

4.

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

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

5.

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

---

(1)  Not yet published in the OJ.

(2)  P5_TA(2004)0230.

P5_TA(2004)0279

Tax reductions on energy products in Cyprus *

European Parliament legislative resolution on the proposal for a Council directive amending Directive 2003/96/EC as regards the possibility for Cyprus to apply, in respect of energy products and electricity, temporary exemptions or reductions in the levels of taxation (COM(2004) 185 — C5-0175/2004 — 2004/0067(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2004) 185) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2004) 185) (1),

| — | having regard to Article 93 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0175/2004), |
| --- | --- |

—

having regard to Article 93 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0175/2004),

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

—

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

| — | having regard to its resolution of 30 March 2004 on the proposal for a Council directive amending Directive 2003/96/EC as regards the possibility for certain Member States to apply, in respect of energy products and electricity, temporary exemptions or reductions in the levels of taxation (2), |
| --- | --- |

—

having regard to its resolution of 30 March 2004 on the proposal for a Council directive amending Directive 2003/96/EC as regards the possibility for certain Member States to apply, in respect of energy products and electricity, temporary exemptions or reductions in the levels of taxation (2),

| — | having regard to the report of the Committee on Economic and Monetary Affairs (A5-0264/2004), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs (A5-0264/2004),

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

1.

Approves the Commission proposal;

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

2.

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

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

3.

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

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

4.

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

---

(1)  Not yet published in the OJ.

(2)  P5-TA-PROV(2004)0200.

P5_TA(2004)0280

Electronic road toll systems ***II

European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council directive on the interoperability of electronic road toll systems in the Community (6277/1/2004 — C5-0163/2004 — 2003/0081(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (6277/1/2004 — C5-0163/2004) (1), |
| --- | --- |

—

having regard to the Council common position (6277/1/2004 — C5-0163/2004) (1),

| — | having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2003) 132) (3), |
| --- | --- |

—

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2003) 132) (3),

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

—

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

| — | having regard to Rule 78 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 78 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Regional Policy, Transport and Tourism (A5-0246/2004), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Regional Policy, Transport and Tourism (A5-0246/2004),

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

1.

Approves the common position;

| 2. | Notes that the act is adopted in accordance with the common position; |
| --- | --- |

2.

Notes that the act is adopted in accordance with the common position;

| 3. | Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty; |
| --- | --- |

3.

Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

| 4. | Instructs its Secretary-General duly to sign the act and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union; |
| --- | --- |

4.

Instructs its Secretary-General duly to sign the act and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union;

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

5.

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

---

(1)  Not yet published in the OJ.

(2)  Texts adopted, 18.12.2003, P5_TA(2003)0594.

(3)  Not yet published in the OJ.

P5_TA(2004)0281

Community Customs Code ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council regulation amending Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (COM(2003) 452 — C5-0345/2003 — 2003/0167(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 452) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 452) (1),

| — | having regard to Articles 251(2) and 26, 95, 133 and 135 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0345/2003), |
| --- | --- |

—

having regard to Articles 251(2) and 26, 95, 133 and 135 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0345/2003),

| — | 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 Legal Affairs and the Internal Market and the opinion of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0255/2004), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the Internal Market and the opinion of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0255/2004),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

---

(1)  Not yet published in the OJ.

P5_TC1-COD(2003)0167

Position of the European Parliament adopted at first reading on 20 April 2004 with a view to the adoption of European Parliament and Council Regulation (EC) No .../2004 amending Council Regulation (EEC) No 2913/92 establishing the Community Customs Code

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 26, 95, 133 and 135 thereof,

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

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

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

Whereas:

| (1) | Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (4), as last amended by Regulation (EC) No 2700/2000 (5) lays down the rules for the customs treatment of goods that are imported or to be
  exported. |
| --- | --- |

(1)

Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (4), as last amended by Regulation (EC) No 2700/2000 (5) lays down the rules for the customs treatment of goods that are imported or to be
  exported.

| (2) | It
  is necessary to establish an
  equivalent
  level of
  protection in
  customs controls
  on goods brought into
  the Community
  . In order to achieve this objective, it is necessary to establish an equivalent level of customs control in the Community
  and to ensure a harmonised application of customs controls by the Member States
  , which have principal responsibility for
  the application of
  these controls. Such controls should be based on commonly agreed standards and risk criteria for the selection of goods and economic operators in order to minimise the occurrence of risks to the Community and its citizens
  and to the Community's trading partners
  . Member States and the Commission should therefore introduce an EU risk management framework to support a common approach so that priorities are set effectively and resources are allocated efficiently with the aim of maintaining a proper balance between customs controls and the facilitation of legitimate trade. Such a framework should also provide for common criteria and harmonised requirements for authorised
  economic
  operators and ensure a harmonised application of such criteria and requirements. The establishment of a risk management framework common to all Member States should not prevent them from controlling goods by means of spot-checks. |
| --- | --- |

(2)

It
  is necessary to establish an
  equivalent
  level of
  protection in
  customs controls
  on goods brought into
  the Community
  . In order to achieve this objective, it is necessary to establish an equivalent level of customs control in the Community
  and to ensure a harmonised application of customs controls by the Member States
  , which have principal responsibility for
  the application of
  these controls. Such controls should be based on commonly agreed standards and risk criteria for the selection of goods and economic operators in order to minimise the occurrence of risks to the Community and its citizens
  and to the Community's trading partners
  . Member States and the Commission should therefore introduce an EU risk management framework to support a common approach so that priorities are set effectively and resources are allocated efficiently with the aim of maintaining a proper balance between customs controls and the facilitation of legitimate trade. Such a framework should also provide for common criteria and harmonised requirements for authorised
  economic
  operators and ensure a harmonised application of such criteria and requirements. The establishment of a risk management framework common to all Member States should not prevent them from controlling goods by means of spot-checks.

| (3) | Risk-related information on import and export goods should be shared between the competent administrations of the Member States and the
  Commission. To
  this end, a common, secure system should be set up, enabling the competent authorities to access, transfer and exchange this information in a timely and effective manner. Such information may also be shared with third countries where an international agreement provides for this. |
| --- | --- |

(3)

Risk-related information on import and export goods should be shared between the competent administrations of the Member States and the
  Commission. To
  this end, a common, secure system should be set up, enabling the competent authorities to access, transfer and exchange this information in a timely and effective manner. Such information may also be shared with third countries where an international agreement provides for this.

| (4) | The conditions under which information provided by economic operators to customs may be disclosed to other authorities in the same Member State, to other Member States, to the Commission, or to authorities in third countries should be specified. To that end, it must be made clear that Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (6) and Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (7) apply to the processing of personal data by the competent authorities and by any other authority receiving data pursuant to the Community Customs Code. |
| --- | --- |

(4)

The conditions under which information provided by economic operators to customs may be disclosed to other authorities in the same Member State, to other Member States, to the Commission, or to authorities in third countries should be specified. To that end, it must be made clear that Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (6) and Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (7) apply to the processing of personal data by the competent authorities and by any other authority receiving data pursuant to the Community Customs Code.

| (5) | In order to allow for appropriate risk-based controls, it is necessary to establish the requirement of pre-arrival or pre-departure information for all goods entering into or leaving the Community customs territory, except for goods passing through by air or ship without a stop within this territory. Such information
  , which is normally supplied by international transporters,
  should be available before the goods enter into or leave the Community customs territory. Different timeframes and rules can be set according to the type of goods
  and the type of transport
  , for authorised economic operators, or where an international agreement provides for special security arrangements
  . This requirement must also be introduced with regard to goods brought into or out of a free zone in order to avoid security loopholes.
  Controls relating to security matters should normally be carried out at the customs offices of entry at the entry points to the Community, whereas those for duty collection or similar purposes should normally be carried out at inland offices of import. |
| --- | --- |

(5)

In order to allow for appropriate risk-based controls, it is necessary to establish the requirement of pre-arrival or pre-departure information for all goods entering into or leaving the Community customs territory, except for goods passing through by air or ship without a stop within this territory. Such information
  , which is normally supplied by international transporters,
  should be available before the goods enter into or leave the Community customs territory. Different timeframes and rules can be set according to the type of goods
  and the type of transport
  , for authorised economic operators, or where an international agreement provides for special security arrangements
  . This requirement must also be introduced with regard to goods brought into or out of a free zone in order to avoid security loopholes.
  Controls relating to security matters should normally be carried out at the customs offices of entry at the entry points to the Community, whereas those for duty collection or similar purposes should normally be carried out at inland offices of import.

| (6) | Regulation (EEC) No 2913/92 should therefore be amended accordingly. |
| --- | --- |

(6)

Regulation (EEC) No 2913/92 should therefore be amended accordingly.

HAVE ADOPTED THIS REGULATION

Article 1

Regulation (EEC) No 2913/92 shall be amended as follows:

| 1. | Article 4 shall be amended as follows:










  (a) | The following points are inserted:








  ‘
  (4a) | ‘customs office of entry’ means the customs office to which goods brought into the customs territory of the Community must be conveyed without delay and at which they are to be subject to appropriate risk-based entry control; |
| --- | --- | --- | --- |

1.

Article 4 shall be amended as follows:

(a)

The following points are inserted:

‘
  (4a)

| (4b) | ‘customs office of import’ means the customs office where the formalities for assigning goods brought into the customs territory of the Community to a customs-approved treatment or use are to be carried out; |
| --- | --- |

(4b)

| (4c) | ‘customs office of export’ means the customs office where the formalities for assigning goods leaving the customs territory of the Community to a customs-approved treatment or use are to be completed; |
| --- | --- |

(4c)

| (4d) | ‘customs office of exit’ means the customs office to which goods must be presented before they leave the customs territory of the Community and at which they are to be subject to customs controls relating to the application of exit formalities;
  ’ |
| --- | --- |

(4d)

| (b) | Point 14 is replaced by the following:






  ‘14) | ‘Customs controls’ mean specific acts performed by the customs
  authorities in
  order to ensure the correct application of customs
  rules
  and other legislation
  governing the entry, exit, transit, transfer and end-use of goods moved between the customs territory of the Community and third countries and the presence of goods that do not have Community status. Such acts may include
  examining goods, verifying
  declaration data and
  the existence and authenticity of
  electronic or written
  documents, examining the accounts of undertakings and other records, inspecting means of transport, inspecting luggage and other goods carried by or on persons and carrying out official inquiries and other similar
  acts.
  ’ |
| --- | --- | --- |

(b)

Point 14 is replaced by the following:

‘14)

‘Customs controls’ mean specific acts performed by the customs
  authorities in
  order to ensure the correct application of customs
  rules
  and other legislation
  governing the entry, exit, transit, transfer and end-use of goods moved between the customs territory of the Community and third countries and the presence of goods that do not have Community status. Such acts may include
  examining goods, verifying
  declaration data and
  the existence and authenticity of
  electronic or written
  documents, examining the accounts of undertakings and other records, inspecting means of transport, inspecting luggage and other goods carried by or on persons and carrying out official inquiries and other similar
  acts.
  ’

| (c) | The following points shall be added:






  ‘(25) | ‘Risk’means the likelihood of an event that may occur
  in connection with
  the international movement of goods
  between the customs territory of the Community and third countries and the presence of goods that do not have Community status, which:








  — | prevents
  the correct application of Community or national measures;
  or |
| --- | --- | --- | --- |

(c)

The following points shall be added:

‘(25)

‘Risk’means the likelihood of an event that may occur
  in connection with
  the international movement of goods
  between the customs territory of the Community and third countries and the presence of goods that do not have Community status, which:

—

prevents
  the correct application of Community or national measures;
  or

| — | compromises the financial interests of the Community and its Member States; or |
| --- | --- |

—

compromises the financial interests of the Community and its Member States; or

| — | poses a threat to the Community's security and safety, to public health, to the environment or to consumers. |
| --- | --- |

—

poses a threat to the Community's security and safety, to public health, to the environment or to consumers.

| (26) | ‘Risk management’means the systematic identification and implementation of all measures necessary for limiting exposure to risks. This includes activities such as collecting data and information, analysing and assessing risk, prescribing and taking action and regular monitoring and review of the process and its outcomes, based on international, Community and national sources and
  strategies.
  ’ |
| --- | --- |

(26)

‘Risk management’means the systematic identification and implementation of all measures necessary for limiting exposure to risks. This includes activities such as collecting data and information, analysing and assessing risk, prescribing and taking action and regular monitoring and review of the process and its outcomes, based on international, Community and national sources and
  strategies.
  ’

| 2. | A new Section 1a and new Article 5a shall be inserted:


  ‘
  Section 1a




  Authorised Economic Operators




  Article 5a




  1.
     
  Customs authorities, after consulting other competent authorities if necessary, shall grant, subject to the criteria provided for in paragraph 2, the status of ‘authorised economic operator’ to any economic operator established in the customs territory of the Community which applies for the right to avail itself of a facilitation with regard to safety and security-related customs controls or a simplified procedure provided for elsewhere in the customs rules.




  Except where customs rules provide that a facilitation or simplified procedure is restricted to one or more Member States, the status of ‘authorised economic operator’ shall, subject to the criteria laid down in paragraph 2, be recognised by the customs administrations in all Member States.




  2.
     
  The criteria for accreditation as authorised economic operator shall include:








  — | an appropriate record of compliance with customs requirements; |
| --- | --- | --- |

2.

A new Section 1a and new Article 5a shall be inserted:

‘
  Section 1a

Authorised Economic Operators

Article 5a

1.
     
  Customs authorities, after consulting other competent authorities if necessary, shall grant, subject to the criteria provided for in paragraph 2, the status of ‘authorised economic operator’ to any economic operator established in the customs territory of the Community which applies for the right to avail itself of a facilitation with regard to safety and security-related customs controls or a simplified procedure provided for elsewhere in the customs rules.

Except where customs rules provide that a facilitation or simplified procedure is restricted to one or more Member States, the status of ‘authorised economic operator’ shall, subject to the criteria laid down in paragraph 2, be recognised by the customs administrations in all Member States.

2.
     
  The criteria for accreditation as authorised economic operator shall include:

—

an appropriate record of compliance with customs requirements;

| — | satisfactory commercial management and, where appropriate, transport records which permit appropriate customs controls; and |
| --- | --- |

—

satisfactory commercial management and, where appropriate, transport records which permit appropriate customs controls; and

| — | appropriate security and safety standards. |
| --- | --- |

—

appropriate security and safety standards.

The committee procedure shall be used to establish:

| — | the rules for granting authorisations and authorising facilitations or simplified procedures under paragraph 1; |
| --- | --- |

—

the rules for granting authorisations and authorising facilitations or simplified procedures under paragraph 1;

| — | the rules which establish which customs authority is competent to grant authorisation; |
| --- | --- |

—

the rules which establish which customs authority is competent to grant authorisation;

| — | the rules for consultation with and provision of information to other customs authorities; |
| --- | --- |

—

the rules for consultation with and provision of information to other customs authorities;

| — | the rules under which authorisation of facilitations with regard to safety and security-related customs controls may, in exceptional circumstances, be suspended by a customs authority; |
| --- | --- |

—

the rules under which authorisation of facilitations with regard to safety and security-related customs controls may, in exceptional circumstances, be suspended by a customs authority;

| — | the conditions under which the status of ‘authorised economic operator’ may be withdrawn; and |
| --- | --- |

—

the conditions under which the status of ‘authorised economic operator’ may be withdrawn; and

| — | the conditions under which the requirement of being established in the Community may be waived for specific categories of authorised economic operators, taking into account, in particular, international agreements.
  ’ |
| --- | --- |

—

the conditions under which the requirement of being established in the Community may be waived for specific categories of authorised economic operators, taking into account, in particular, international agreements.
  ’

| 3. | Article
  13
  shall be replaced by the following:


  ‘
  Article 13




  1.
     
  Customs authorities may, in accordance with the conditions laid down by the provisions in force, carry out such controls as they deem necessary to ensure that customs rules and other legislation governing the international movement of goods between the customs territory of the Community and third countries and the presence of goods that do not have Community status are correctly applied. Customs controls for the purpose of verifying the correct application of Community legislation may be carried out in a third country where this is authorised by international agreement.




  2.
     Customs controls
  , other than spot-checks, shall
  be based on risk analysis
  using automated data processing techniques,
  with the purpose of identifying and quantifying the risks and developing the necessary measures to assess them, on the basis of criteria developed at national
  ,
  Community
  and, where available,
  international level.


  The implementing regulation shall establish a
  common risk management framework
  ,
  common criteria and priority control areas. Member States
  , in cooperation with
  the Commission
  ,
  shall
  establish an electronic system
  for the implementation of risk
  management
  .


  3.
     
  Where controls are performed by authorities other than customs authorities, such controls shall be performed in close coordination with the customs authorities, wherever possible at the same time and place.




  4.
     
  In the context of the controls provided for in this Article, customs and other competent authorities, such as veterinary and police authorities, may exchange data received in connection with the international movement of goods between the customs territory of the Community and third countries and the presence of goods that do not have Community status. They may also communicate such data to the customs authorities of Member States and the Commission, where this is required for the correct application of relevant legislation, so as to protect the security of citizens and businesses or to detect or prevent irregularities. The communication of confidential data to customs and other authorities (such as security agencies) of third countries shall be permitted only in the context of an international agreement and provided that the data protection provisions in force, in particular Directive 95/46/EC and Regulation (EC) No 45/2001, are observed.
  ’ |
| --- | --- |

3.

Article
  13
  shall be replaced by the following:

‘
  Article 13

1.
     
  Customs authorities may, in accordance with the conditions laid down by the provisions in force, carry out such controls as they deem necessary to ensure that customs rules and other legislation governing the international movement of goods between the customs territory of the Community and third countries and the presence of goods that do not have Community status are correctly applied. Customs controls for the purpose of verifying the correct application of Community legislation may be carried out in a third country where this is authorised by international agreement.

2.
     Customs controls
  , other than spot-checks, shall
  be based on risk analysis
  using automated data processing techniques,
  with the purpose of identifying and quantifying the risks and developing the necessary measures to assess them, on the basis of criteria developed at national
  ,
  Community
  and, where available,
  international level.

The implementing regulation shall establish a
  common risk management framework
  ,
  common criteria and priority control areas. Member States
  , in cooperation with
  the Commission
  ,
  shall
  establish an electronic system
  for the implementation of risk
  management
  .

3.
     
  Where controls are performed by authorities other than customs authorities, such controls shall be performed in close coordination with the customs authorities, wherever possible at the same time and place.

4.
     
  In the context of the controls provided for in this Article, customs and other competent authorities, such as veterinary and police authorities, may exchange data received in connection with the international movement of goods between the customs territory of the Community and third countries and the presence of goods that do not have Community status. They may also communicate such data to the customs authorities of Member States and the Commission, where this is required for the correct application of relevant legislation, so as to protect the security of citizens and businesses or to detect or prevent irregularities. The communication of confidential data to customs and other authorities (such as security agencies) of third countries shall be permitted only in the context of an international agreement and provided that the data protection provisions in force, in particular Directive 95/46/EC and Regulation (EC) No 45/2001, are observed.
  ’

| 4. | Article 15 shall be replaced by the following:
  ‘Article 15


  All
  information which is inherently confidential or which is provided on a confidential basis shall be subject to the duty of professional secrecy. It shall not be disclosed by the competent authorities without the express permission of the person or authority providing it. The communication of information shall, however, be permitted where the competent authorities are
  obliged to
  do so pursuant to the provisions in force, particularly in connection with legal proceedings.
  Any disclosure or communication of information shall fully comply with prevailing data protection provisions, in particular Directive 95/46/EC and Regulation (EC) No 45/2001.
  ’ |
| --- | --- |

4.

Article 15 shall be replaced by the following:

‘Article 15

All
  information which is inherently confidential or which is provided on a confidential basis shall be subject to the duty of professional secrecy. It shall not be disclosed by the competent authorities without the express permission of the person or authority providing it. The communication of information shall, however, be permitted where the competent authorities are
  obliged to
  do so pursuant to the provisions in force, particularly in connection with legal proceedings.
  Any disclosure or communication of information shall fully comply with prevailing data protection provisions, in particular Directive 95/46/EC and Regulation (EC) No 45/2001.
  ’

| 5. | In Article 16 the words ‘control by the customs authorities’ shall be replaced by the words ‘customs controls’. |
| --- | --- |

5.

In Article 16 the words ‘control by the customs authorities’ shall be replaced by the words ‘customs controls’.

| 6. | Under Chapter 1 of Title III (Entry of goods into the customs territory) the following Articles shall be inserted:
  ‘Article 36a
  1.   
  Goods
  brought into the customs territory of the Community
  , with the exception of goods carried on means of transport which are merely passing through the territorial waters or airspace of the customs territory without making a stop within this territory, shall be covered by a
  summary declaration.


  2.
     
  Summary declarations shall be lodged at the customs office of entry.




  Customs authorities may allow summary declarations to be lodged at another customs office, provided that the latter office immediately communicates the necessary particulars to the customs office of entry or makes them available to it electronically.




  Customs authorities may accept, instead of the lodging of a summary declaration, the lodging of a notification and access to the summary declaration data in the operator's computer system.




  3.
     
  Summary declarations shall be lodged before goods are brought into the customs territory of the Community.




  4.
     
  The committee procedure shall be used to establish:








  — | the deadline by which summary declarations must be lodged before goods are brought into the customs territory of the Community; |
| --- | --- | --- |

6.

Under Chapter 1 of Title III (Entry of goods into the customs territory) the following Articles shall be inserted:

‘Article 36a

1.   
  Goods
  brought into the customs territory of the Community
  , with the exception of goods carried on means of transport which are merely passing through the territorial waters or airspace of the customs territory without making a stop within this territory, shall be covered by a
  summary declaration.

2.
     
  Summary declarations shall be lodged at the customs office of entry.

Customs authorities may allow summary declarations to be lodged at another customs office, provided that the latter office immediately communicates the necessary particulars to the customs office of entry or makes them available to it electronically.

Customs authorities may accept, instead of the lodging of a summary declaration, the lodging of a notification and access to the summary declaration data in the operator's computer system.

3.
     
  Summary declarations shall be lodged before goods are brought into the customs territory of the Community.

4.
     
  The committee procedure shall be used to establish:

—

the deadline by which summary declarations must be lodged before goods are brought into the customs territory of the Community;

| — | the rules governing exceptions from and variations of the abovementioned deadline; and |
| --- | --- |

—

the rules governing exceptions from and variations of the abovementioned deadline; and

| — | the conditions under which the requirement for a summary declaration may be waived or adapted, according to special circumstances and applying to certain types of goods traffic, modes of transport or economic operators or where international agreements provide for special security arrangements. |
| --- | --- |

—

the conditions under which the requirement for a summary declaration may be waived or adapted, according to special circumstances and applying to certain types of goods traffic, modes of transport or economic operators or where international agreements provide for special security arrangements.

Article 36b

1.
     
  The committee procedure shall be used to establish a common data set and format for the summary declaration, which shall contain the particulars necessary for risk analysis and the proper application of customs controls, primarily for security and safety purposes, using, where appropriate, international standards and commercial practices.

2.   The summary declaration shall be made
  using a data processing technique.
  Commercial, port or transport information may be used, provided it contains the
  necessary particulars.
  Customs authorities may accept paper-based summary declarations in exceptional circumstances
  , provided that they apply the same level of risk management as that applied to summary declarations made using a data processing technique.

3.   The summary declaration shall be lodged by
  the person who brings the goods, or who assumes responsibility for the carriage of the goods, into the customs territory of the Community.

4.
     
  Notwithstanding the obligations of the person described in paragraph 3, the summary declaration may be lodged instead by:

| (a) | the person in whose name the person referred to in paragraph 3 acts; or |
| --- | --- |

(a)

the person in whose name the person referred to in paragraph 3 acts; or

| (b) | any person who is able to present the goods in question or to have them presented to the competent customs authority; or |
| --- | --- |

(b)

any person who is able to present the goods in question or to have them presented to the competent customs authority; or

| (c) | a representative of one of the persons referred to in paragraph 3 or points (a) or (b) of this paragraph. |
| --- | --- |

(c)

a representative of one of the persons referred to in paragraph 3 or points (a) or (b) of this paragraph.

5.
     
  The persons referred to in paragraphs 3 and 4 shall, at their request, be authorised to amend one or more particulars in the summary declaration after it has been lodged. However, no amendment shall be possible after the customs authorities:

| (a) | have informed the person who lodged the summary declaration that they intend to examine the goods; or |
| --- | --- |

(a)

have informed the person who lodged the summary declaration that they intend to examine the goods; or

| (b) | have established that the particulars in questions are incorrect; or |
| --- | --- |

(b)

have established that the particulars in questions are incorrect; or

| (c) | have allowed the removal of the goods. |
| --- | --- |

(c)

have allowed the removal of the goods.

Article 36c

1.
     
  The customs office of entry may waive the lodging of a summary declaration in respect of goods for which a customs declaration is lodged before the deadline mentioned in Article 36a (3) or (4). In such case, the customs declaration shall contain at least the data required for a summary declaration and, until the declaration is accepted in accordance with Article 63, it shall have the status of a summary declaration.

2.
     
  Customs authorities may permit customs declarations to be lodged at a customs office of import different from the customs office of entry, provided that such office immediately communicates the necessary particulars to the customs office of entry or makes them available to it electronically.

3.
     
  Where customs declarations are lodged other than by means of a data processing technique, customs authorities shall treat the data with the same degree of risk management as that applied to summary declarations in electronic form.
  ’

| 7. | In Articles 37(1) and 38(3) the words ‘control by the customs authority’ shall be replaced with the words ‘customs controls’. |
| --- | --- |

7.

In Articles 37(1) and 38(3) the words ‘control by the customs authority’ shall be replaced with the words ‘customs controls’.

| 8. | Article 38(5) shall be replaced by the following:


  ‘
  5.
     
  Paragraphs 1 to 4 and Articles 36a to 36c and 39 to 53 shall not apply to goods which temporarily leave the customs territory of the Community while moving between two points in that territory by sea or air, provided that they are carried by a direct route and by a regular air or shipping service without a scheduled stop outside the Community customs territory.
  ’ |
| --- | --- |

8.

Article 38(5) shall be replaced by the following:

‘
  5.
     
  Paragraphs 1 to 4 and Articles 36a to 36c and 39 to 53 shall not apply to goods which temporarily leave the customs territory of the Community while moving between two points in that territory by sea or air, provided that they are carried by a direct route and by a regular air or shipping service without a scheduled stop outside the Community customs territory.
  ’

| 9. | Article 40 shall be replaced by the following:
  ‘Article 40
  Goods entering the customs territory of the Community shall be presented to customs by the person who brings them into that territory or, if appropriate, by the person who assumes responsibility for the carriage of the goods following entry, with the exception of means of transport only passing through the territorial waters or the airspace of the customs territory without a stop within this territory.
  The person presenting the goods shall make a reference to the summary declaration or customs declaration previously lodged in respect of the goods.
  ’ |
| --- | --- |

9.

Article 40 shall be replaced by the following:

‘Article 40

Goods entering the customs territory of the Community shall be presented to customs by the person who brings them into that territory or, if appropriate, by the person who assumes responsibility for the carriage of the goods following entry, with the exception of means of transport only passing through the territorial waters or the airspace of the customs territory without a stop within this territory.
  The person presenting the goods shall make a reference to the summary declaration or customs declaration previously lodged in respect of the goods.
  ’

| 10. | Title III, Chapter 3 shall be re-titled ‘Unloading of goods presented to customs’ |
| --- | --- |

10.

Title III, Chapter 3 shall be re-titled ‘Unloading of goods presented to customs’

| 11. | Articles 43 to 45 shall be deleted |
| --- | --- |

11.

Articles 43 to 45 shall be deleted

| 12. | Article 170 (2) shall be replaced by the following:
  ‘2.   Goods shall be presented to the customs authorities and undergo the prescribed customs formalities where:






  (a) | they have been placed under a customs procedure which is discharged when they enter a free zone or free warehouse; however, where the customs procedure in question permits exemption from the obligation to present goods, such presentation shall not be required; |
| --- | --- | --- |

12.

Article 170 (2) shall be replaced by the following:

‘2.   Goods shall be presented to the customs authorities and undergo the prescribed customs formalities where:

(a)

they have been placed under a customs procedure which is discharged when they enter a free zone or free warehouse; however, where the customs procedure in question permits exemption from the obligation to present goods, such presentation shall not be required;

| (b) | they have been placed in a free zone or free warehouse on the basis of a decision to grant repayment or remission of import duties; |
| --- | --- |

(b)

they have been placed in a free zone or free warehouse on the basis of a decision to grant repayment or remission of import duties;

| (c) | they qualify for the measures referred to in Article 166 (b); |
| --- | --- |

(c)

they qualify for the measures referred to in Article 166 (b);

| (d) | they enter into a free zone or free warehouse directly from outside the Community customs
  territory
  .’ |
| --- | --- |

(d)

they enter into a free zone or free warehouse directly from outside the Community customs
  territory
  .’

| 13. | Article 176 (2) shall be replaced by the following:
  ‘2.   Where goods are transhipped within a free zone, the documents relating to the operation shall be kept at the disposal of the customs authorities. The short-term storage of goods in connection with such transhipment shall be considered to be an integral part of the operation.
  For goods brought into a free zone directly from outside the Community customs territory or out of a free zone directly leaving the Community customs territory, a summary declaration must be lodged in accordance with Articles 36a
  to 36c
  .’ |
| --- | --- |

13.

Article 176 (2) shall be replaced by the following:

‘2.   Where goods are transhipped within a free zone, the documents relating to the operation shall be kept at the disposal of the customs authorities. The short-term storage of goods in connection with such transhipment shall be considered to be an integral part of the operation.

For goods brought into a free zone directly from outside the Community customs territory or out of a free zone directly leaving the Community customs territory, a summary declaration must be lodged in accordance with Articles 36a
  to 36c
  .’

| 14. | Article 181 shall be replaced by the following:
  ‘Article 181
  The customs authorities shall satisfy themselves that the rules governing exportation,
  outward processing,
  re-exportation
  , suspensive procedures or the internal transit procedure,
  as well as the provisions of Title V, are observed where goods are
  to leave the customs territory of the Community
  from a free zone or free warehouse.’ |
| --- | --- |

14.

Article 181 shall be replaced by the following:

‘Article 181

The customs authorities shall satisfy themselves that the rules governing exportation,
  outward processing,
  re-exportation
  , suspensive procedures or the internal transit procedure,
  as well as the provisions of Title V, are observed where goods are
  to leave the customs territory of the Community
  from a free zone or free warehouse.’

| 15. | In Article 182(3) first sentence the words ‘re-exportation or’ are deleted. |
| --- | --- |

15.

In Article 182(3) first sentence the words ‘re-exportation or’ are deleted.

| 16. | Under Title V (Goods leaving the customs territory of the Community) the following Articles shall be inserted:
  ‘Article 182a


  1.
     
  Goods leaving the customs territory of the Community, with the exception of goods carried on means of transport which are merely passing through the territorial waters or airspace of the customs territory without making a stop within this territory, shall be covered by either a customs declaration or, where a customs declaration is not required, a summary declaration.




  2.
     
  The committee procedure shall be used to establish:








  — | the deadline by which customs declarations or summary declarations must be lodged at the customs office of export before the goods are taken out of the customs territory of the Community; |
| --- | --- | --- |

16.

Under Title V (Goods leaving the customs territory of the Community) the following Articles shall be inserted:

‘Article 182a

1.
     
  Goods leaving the customs territory of the Community, with the exception of goods carried on means of transport which are merely passing through the territorial waters or airspace of the customs territory without making a stop within this territory, shall be covered by either a customs declaration or, where a customs declaration is not required, a summary declaration.

2.
     
  The committee procedure shall be used to establish:

—

the deadline by which customs declarations or summary declarations must be lodged at the customs office of export before the goods are taken out of the customs territory of the Community;

| — | the rules governing exceptions from and variations of the abovementioned deadline and the conditions under which the requirement for a summary declaration may be waived; and |
| --- | --- |

—

the rules governing exceptions from and variations of the abovementioned deadline and the conditions under which the requirement for a summary declaration may be waived; and

| — | the cases in which and the conditions under which goods leaving the customs territory of the Community are not subject to either a customs declaration or a summary declaration, |
| --- | --- |

—

the cases in which and the conditions under which goods leaving the customs territory of the Community are not subject to either a customs declaration or a summary declaration,

according to special circumstances and applying to certain types of goods traffic, modes of transport or economic operators or where international agreements provide for special security arrangements.
  ’

Article 2

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

Article 5a(2), Article 13(2) second subparagraph, Article 36a(4), Article 36b(1) and Article 182a(2) shall apply as from the date of entry into force of this Regulation.

All other provisions shall apply once the implementing provisions for the abovementioned provisions enter into force. However, electronic declaration and automated systems for the implementation of risk management and for the electronic exchange of data between customs offices of entry, import, export and exit, as provided for in Articles 13, 36a, 36b and 36c, must be in place within three years of these provisions becoming applicable.

No later than two years after the provisions become applicable, the Commission shall evaluate any request from a Member State for a deferral of the date specified in the previous paragraph for electronic declaration and automated systems for the implementation of risk management and for the electronic exchange of data between customs offices. The Commission shall submit a report to the European Parliament and the Council and propose, where appropriate, amendment of the date specified in the second sentence of paragraph 3.

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

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C [...], [...], p. [...].

1

(2)  OJ C [...], [...], p. [...].

2

(3)  Position of the European Parliament of 20 April 2004.

3

Position of the European Parliament of 20 April 2004.

(4)  OJ L 302, 19.10.1992, p. 1.

4

(5)  OJ L 311, 12.12.2000, p. 17
  .

5

17

(6)  OJ L 281, 23.11.1995, p. 31. Directive amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

6

(7)  OJ L 8, 12.1.2001, p. 1.

7

P5_TA(2004)0282

European Organisation for the Safety of Air Navigation ***

European Parliament legislative resolution on the proposal for a Council decision on the conclusion by the European Community of the Protocol on the accession of the European Community to the European Organisation for the Safety of Air Navigation (Eurocontrol) (5747/2004 — COM(2003) 555 — C5-0065/2004 — 2003/0214(AVC))

(Assent procedure)

The European Parliament,

| — | having regard to the proposal for a Council decision (COM(2003) 555) (1), |
| --- | --- |

—

having regard to the proposal for a Council decision (COM(2003) 555) (1),

| — | having regard to the Protocol on accession (5747/2004), |
| --- | --- |

—

having regard to the Protocol on accession (5747/2004),

| — | having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Article 80(2) of the EC Treaty (C5-0065/2004), |
| --- | --- |

—

having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Article 80(2) of the EC Treaty (C5-0065/2004),

| — | having regard to Rules 86 and 97(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 86 and 97(7) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on Regional Policy, Transport and Tourism (A5-0215/2004), |
| --- | --- |

—

having regard to the recommendation of the Committee on Regional Policy, Transport and Tourism (A5-0215/2004),

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

1.

Gives its assent to conclusion of the agreement;

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

2.

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

---

(1)  Not yet published in the OJ.

P5_TA(2004)0283

Local border traffic at the external land borders *

European Parliament legislative resolution on the Commission proposal for adoption of a Council regulation on the establishment of a regime of local border traffic at the external land borders between Member States (COM(2003) 502 — C5-0442/2003 — 2003/0193(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal (COM(2003) 502) (1), |
| --- | --- |

—

having regard to the Commission proposal (COM(2003) 502) (1),

| — | having regard to Article 62 of the EC Treaty, |
| --- | --- |

—

having regard to Article 62 of the EC Treaty,

| — | having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0442/2003), |
| --- | --- |

—

having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0442/2003),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0142/2004), |
| --- | --- |

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0142/2004),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

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

4.

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

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

5.

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

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| Article 2, paragraph 2a (new) |
| | 2a. This Regulation does not affect the provisions of the final Act of the Agreement on the Accession of the Kingdom of Spain to the Convention implementing the Schengen Agreement of 14 June 1985 in respect of the towns of Ceuta and Melilla. |
| Amendment 2 |
| Article 3, point (h) |
| (h) | ‘Transfrontier workers’ means third-country nationals resident in the border area of a neighbouring third country who are employed in the border area of an adjacent Member State and who return to the border area of the neighbouring country each day or at least once
  a week
  . |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

Article 2, paragraph 2a (new)

2a. This Regulation does not affect the provisions of the final Act of the Agreement on the Accession of the Kingdom of Spain to the Convention implementing the Schengen Agreement of 14 June 1985 in respect of the towns of Ceuta and Melilla.

Amendment 2

Article 3, point (h)

(h)

‘Transfrontier workers’ means third-country nationals resident in the border area of a neighbouring third country who are employed in the border area of an adjacent Member State and who return to the border area of the neighbouring country each day or at least once
  a week
  .

| (h) | ‘Transfrontier workers’ means third-country nationals resident in the border area of a neighbouring third country who are employed in the border area of an adjacent Member State and who
  regularly
  return to the border area of the neighbouring country
  while pursuing their economic activities,
  each day or at least once
  every two weeks
  . |
| --- | --- |

(h)

‘Transfrontier workers’ means third-country nationals resident in the border area of a neighbouring third country who are employed in the border area of an adjacent Member State and who
  regularly
  return to the border area of the neighbouring country
  while pursuing their economic activities,
  each day or at least once
  every two weeks
  .

Amendment 3

Article 6, introductory part

Documents authorising border residents not requiring a visa to cross the external land border of a neighbouring Member State for the purpose of local border traffic
  may
  be:

Documents authorising border residents not requiring a visa to cross the external land border of a neighbouring Member State for the purpose of local border traffic
  shall
  be:

Amendment 4

Article 6, point (a)

| (a) | an identity card specifying the residence in the border area. In case this latter condition is not fulfilled, border residents
  may
  be requested to carry a residence certificate jointly with the travel document; |
| --- | --- |

(a)

an identity card specifying the residence in the border area. In case this latter condition is not fulfilled, border residents
  may
  be requested to carry a residence certificate jointly with the travel document;

| (a) | an identity card specifying the residence in the border area. In cases where this latter condition is not fulfilled, border residents
  shall
  be requested to carry a residence certificate jointly with the travel document; |
| --- | --- |

(a)

an identity card specifying the residence in the border area. In cases where this latter condition is not fulfilled, border residents
  shall
  be requested to carry a residence certificate jointly with the travel document;

Amendment 5

Article 6, point (b)

| (b) | a specific border crossing permit, issued by the State of residence. |
| --- | --- |

(b)

Deleted

Amendment 13

Article 7, paragraph 1

For the purposes of this Regulation, border residents not requiring a visa may stay in the border area of a neighbouring Member State for up to
  seven consecutive days
  . The total duration of their successive visits in that Member State shall not exceed three months within any half-year period.

For the purposes of this Regulation, border residents not requiring a visa may stay in the border area of a neighbouring Member State for up to
  fourteen consecutive days
  . The total duration of their successive visits in that Member State shall not exceed three months within any half-year period.

Amendment 6

Article 7, paragraph 2a (new)

Member State authorities may withdraw documents authorising local border traffic if the holder seriously breaches national legislation or the rules laid down in this Regulation.

Amendment 7

Article 9, paragraph 2

The territorial validity of the visa shall be limited to the border area of the issuing Member State.

The territorial validity of the visa shall be limited to the border area of the issuing Member State.
  Member States may deviate from the 50 km territorial validity rule if this is justified and the neighbouring state agrees
  .

Amendment 8

Article 9, paragraph 3

The visa shall entitle the holder to multiple crossings of the external land border of the issuing Member State and to a stay within the border area of that Member State for up to
  seven consecutive days.
  The total duration of the successive visits in that Member State shall not exceed three months within any half- year period.

The visa shall entitle the holder to multiple crossings of the external land border of the issuing Member State and to a stay within the border area of that Member State for up to
  fourteen consecutive days
  . The total duration of the successive visits in that Member State shall not exceed three months within any half-year period.
  More favourable treatment shall be given to transfrontier workers, pupils, students and those engaged in vocational training, non-remunerated training or voluntary service.

Amendment 9

Article 15

The time-limits established in Article 7 and in Article 9 shall not apply to transfrontier workers.

The time-limits established in Article 7 and in Article 9 shall not apply to transfrontier workers
  , pupils, students or those engaged in vocational training, non-remunerated training or voluntary service
  .

Amendment 10

Article 16, title

Entry and exit
  stamps

Entry and exit
  controls

Amendment 11

Article 16

Entry and exit stamps shall
  not
  be affixed on the travel documents of border residents crossing the external land border of a Member State for the purpose of local border traffic.

Crossing of the border shall be controlled by electronic or magnetic means, so as to ensure compliance with authorised time-limits. In the absence of such measures, until they are introduced,
  entry and exit stamps shall be affixed on the travel documents of border residents crossing the external land border of a Member State for the purpose of local border traffic.

Amendment 12

Article 18, point (c)

| (c) | authorise border residents to cross their border at places other than authorised border crossing points and outside the fixed hours. |
| --- | --- |

(c)

Deleted

---

(1)  Not yet published in the OJ.

P5_TA(2004)0284

Local border traffic at the temporary external land borders *

European Parliament legislative resolution on the Commission proposal for adoption of a Council regulation on the establishment of a regime of local border traffic at the temporary external land borders between Member States (COM(2003) 502 — C5-0443/2003 — 2003/0194(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal (COM(2003) 502) (1), |
| --- | --- |

—

having regard to the Commission proposal (COM(2003) 502) (1),

| — | having regard to Article 62(2) of the EC Treaty, |
| --- | --- |

—

having regard to Article 62(2) of the EC Treaty,

| — | having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0443/2003), |
| --- | --- |

—

having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0443/2003),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0141/2004), |
| --- | --- |

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0141/2004),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

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

4.

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

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

5.

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

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| Article 5, paragraph 2, introduction |
| 2. The agreements referred to in paragraph 1
  may
  contain provisions for the facilitation of border crossing, whereby Member States: | 2. The agreements referred to in paragraph 1
  shall
  contain provisions for the facilitation of border crossing, whereby Member States: |
| Amendment 2 |
| Article 5, paragraph 2, point (c) |
| (c) | authorise border residents to cross their border at places other than authorised border crossing points and outside the fixed hours. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

Article 5, paragraph 2, introduction

2. The agreements referred to in paragraph 1
  may
  contain provisions for the facilitation of border crossing, whereby Member States:

2. The agreements referred to in paragraph 1
  shall
  contain provisions for the facilitation of border crossing, whereby Member States:

Amendment 2

Article 5, paragraph 2, point (c)

(c)

Deleted

---

(1)  Not yet published in the OJ.

P5_TA(2004)0285

Web-based information and coordination network *

European Parliament legislative resolution on the proposal for a Council decision establishing a secure web-based Information and Coordination Network for Member States' Migration Management Services (COM(2003) 727 — C5-0612/2003 — 2003/0284(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2003) 727) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2003) 727) (1),

| — | having regard to Article 66 of the EC Treaty, |
| --- | --- |

—

having regard to Article 66 of the EC Treaty,

| — | having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0612/2003), |
| --- | --- |

—

having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0612/2003),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0145/2004), |
| --- | --- |

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0145/2004),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

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

4.

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

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

5.

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

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| Recital 6a (new) |
| | (6a) In view of its expert and detailed knowledge, Europol should be involved in the web-based information and coordination network. The Commission is called upon to submit a proposal for this purpose no later than one year after the entry into force of this Decision. |
| Amendment 2 |
| Article 1 |
| This Decision establishes a secure web-based Information and Co-ordination Network for the exchanges of information on irregular migration, illegal entry and immigration and the return of illegal residents. | This Decision establishes a secure web-based Information and Co-ordination Network for exchanging information on irregular migration,
  facilitator networks and networks exploiting illegal immigrant labour,
  illegal entry and immigration and the return of illegal residents. |
| Amendment 3 |
| Article 2, paragraph 1 |
| 1. The Commission shall be responsible for the development and management of the network, including the structure
  and content
  thereof and the elements for information exchange. | 1. The Commission shall be responsible for the development and management of the network, including the structure thereof and the elements for information exchange. |
| Amendment 4 |
| Article 2, paragraph 2, introductory part |
| 2. The information exchange shall include
  at least
  the following: | 2. The information exchange shall include the following: |
| Amendment 5 |
| Article 2, paragraph 2, point (d) |
| (d) Return related issues; | (d) | Return related issues
  , in particular cases of failure to respect the dignity and physical integrity of persons expelled by the authorities responsible for their return; |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

Recital 6a (new)

(6a) In view of its expert and detailed knowledge, Europol should be involved in the web-based information and coordination network. The Commission is called upon to submit a proposal for this purpose no later than one year after the entry into force of this Decision.

Amendment 2

Article 1

This Decision establishes a secure web-based Information and Co-ordination Network for the exchanges of information on irregular migration, illegal entry and immigration and the return of illegal residents.

This Decision establishes a secure web-based Information and Co-ordination Network for exchanging information on irregular migration,
  facilitator networks and networks exploiting illegal immigrant labour,
  illegal entry and immigration and the return of illegal residents.

Amendment 3

Article 2, paragraph 1

1. The Commission shall be responsible for the development and management of the network, including the structure
  and content
  thereof and the elements for information exchange.

1. The Commission shall be responsible for the development and management of the network, including the structure thereof and the elements for information exchange.

Amendment 4

Article 2, paragraph 2, introductory part

2. The information exchange shall include
  at least
  the following:

2. The information exchange shall include the following:

Amendment 5

Article 2, paragraph 2, point (d)

(d) Return related issues;

(d)

Return related issues
  , in particular cases of failure to respect the dignity and physical integrity of persons expelled by the authorities responsible for their return;

Amendment 6

Article 5, paragraph 2a (new)

2a. A procedure shall be provided for to enable the owner of the information regularly to correct or update the data forwarded to the network.

Amendment 7

Article 5, paragraph 4

4.
  Without prejudice to
  paragraph 3, further security measures shall be adopted by the Commission in accordance with the procedure referred to in Article 6(2).

4.
  Insofar as the security measures taken by the Member States are not sufficient to achieve the objectives referred to in
  paragraph 3, further security measures shall be adopted by the Commission in accordance with the procedure referred to in Article 6(2).

---

(1)  Not yet published in the OJ.

P5_TA(2004)0286

Place of supply of services *

European Parliament legislative resolution on the proposal for a Council directive amending Directive 77/388/EEC as regards the place of supply of services (COM(2003) 822 — C5-0026/2004 — 2003/0329(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2003) 822) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2003) 822) (1),

| — | having regard to Article 93 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0026/2004), |
| --- | --- |

—

having regard to Article 93 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0026/2004),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs (A5-0233/2004), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs (A5-0233/2004),

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

1.

Approves the Commission proposal;

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

2.

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

| 3. | Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament; |
| --- | --- |

3.

Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament;

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

4.

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

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

5.

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

---

(1)  Not yet published in the OJ.

P5_TA(2004)02102

European Space Agency *

European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the Framework Agreement between the European Community and the European Space Agency (COM(2004) 85/2 — C5-0099/2004 — 2004/0028(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2004) 85/2)) (1), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2004) 85/2)) (1),

| — | having regard to Article 170 of the EC Treaty, in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof, pursuant to which the Council consulted Parliament (C5-0099/2004), |
| --- | --- |

—

having regard to Article 170 of the EC Treaty, in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof, pursuant to which the Council consulted Parliament (C5-0099/2004),

| — | having regard to its resolutions of 9 October 2003 (2) on European space policy — Green Paper and of 29 January 2004 (3) on the action plan for implementing the European space policy, |
| --- | --- |

—

having regard to its resolutions of 9 October 2003 (2) on European space policy — Green Paper and of 29 January 2004 (3) on the action plan for implementing the European space policy,

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, External Trade, Research and Energy (A5-0222/2004), |
| --- | --- |

—

having regard to the report of the Committee on Industry, External Trade, Research and Energy (A5-0222/2004),

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

1.

Approves the Commission proposal;

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

2.

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

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

3.

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

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

4.

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

---

(1)  Not yet published in the OJ.

(2)  P5_TA(2003)0427.

(3)  P5_TA(2004)0054.

P5_TA(2004)0288

European Police College *

European Parliament legislative resolution on the initiative of Ireland with a view to adopting a Council Decision amending Decision 2000/820/JHA establishing a European Police College (CEPOL) (15400/2003 — C5-0001/2004 — 2004/0801(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the initiative by Ireland (15400/2003) (1), |
| --- | --- |

—

having regard to the initiative by Ireland (15400/2003) (1),

| — | having regard to Articles 30(1)(c) and 34(2)(c) of the EU Treaty, |
| --- | --- |

—

having regard to Articles 30(1)(c) and 34(2)(c) of the EU Treaty,

| — | having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C5-0001/2004), |
| --- | --- |

—

having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C5-0001/2004),

| — | having regard to Rules 106, 67 and 61(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 106, 67 and 61(4) of its Rules of Procedure,

| — | having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0140/2004), |
| --- | --- |

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0140/2004),

| 1. | Approves the initiative by Ireland as amended; |
| --- | --- |

1.

Approves the initiative by Ireland as amended;

| 2. | Calls on the Council to alter the text accordingly; |
| --- | --- |

2.

Calls on the Council to alter the text accordingly;

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

3.

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

| 4. | Asks the Council to consult Parliament again if it intends to amend the initiative by Ireland substantially; |
| --- | --- |

4.

Asks the Council to consult Parliament again if it intends to amend the initiative by Ireland substantially;

| 5. | Instructs its President to forward its position to the Council and Commission, and the Government of Ireland. |
| --- | --- |

5.

Instructs its President to forward its position to the Council and Commission, and the Government of Ireland.

| TEXT PROPOSED BY IRELAND | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| ARTICLE 1, POINT 2, POINT (b)
  Article 5, paragraph 4, point (f) (Decision 2000/820/JHA) |
| (f) | remuneration of members of the secretariat
  and/or
  reimbursement, in proportion to Member States' contributions, of the costs incurred by the Member State(s) paying the remuneration of members of the secretariat. |

TEXT PROPOSED BY IRELAND

AMENDMENTS BY PARLIAMENT

Amendment 1

ARTICLE 1, POINT 2, POINT (b)

Article 5, paragraph 4, point (f) (Decision 2000/820/JHA)

(f)

remuneration of members of the secretariat
  and/or
  reimbursement, in proportion to Member States' contributions, of the costs incurred by the Member State(s) paying the remuneration of members of the secretariat.

| (f) | remuneration of members of the secretariat
  or
  reimbursement, in proportion to Member States' contributions, of the costs incurred by the Member State(s) paying the remuneration of members of the secretariat. |
| --- | --- |

(f)

remuneration of members of the secretariat
  or
  reimbursement, in proportion to Member States' contributions, of the costs incurred by the Member State(s) paying the remuneration of members of the secretariat.

---

(1)  OJ C 1, 6.1.2004, p. 8.

P5_TA(2004)0289

European Police College *

European Parliament legislative resolution on the initiative of the United Kingdom with a view to the adoption of a Council Decision amending Decision 2000/820/JHA establishing a European Police College (CEPOL) (5121/2004 — C5-0040/2004 — 2004/0802(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the initiative by the United Kingdom (5121/2004) (1), |
| --- | --- |

—

having regard to the initiative by the United Kingdom (5121/2004) (1),

| — | having regard to Articles 30(1)(c) and 34(2)(c) of the EU Treaty, |
| --- | --- |

—

having regard to Articles 30(1)(c) and 34(2)(c) of the EU Treaty,

| — | having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C5-0040/2004), |
| --- | --- |

—

having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C5-0040/2004),

| — | having regard to Rules 106, 67 and 61(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 106, 67 and 61(4) of its Rules of Procedure,

| — | having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0140/2004), |
| --- | --- |

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0140/2004),

| 1. | Approves the initiative by the United Kingdom as amended; |
| --- | --- |

1.

Approves the initiative by the United Kingdom as amended;

| 2. | Calls on the Council to alter the text accordingly; |
| --- | --- |

2.

Calls on the Council to alter the text accordingly;

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

3.

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

| 4. | Asks the Council to consult Parliament again if it intends to amend the initiative by the United Kingdom substantially; |
| --- | --- |

4.

Asks the Council to consult Parliament again if it intends to amend the initiative by the United Kingdom substantially;

| 5. | Instructs its President to forward its position to the Council and Commission, and the Government of the United Kingdom. |
| --- | --- |

5.

Instructs its President to forward its position to the Council and Commission, and the Government of the United Kingdom.

| TEXT PROPOSED BY THE UNITED KINGDOM | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 2 |
| ARTICLE 1, POINT 2
  Article 4, paragraph 1, subparagraph 1 (Decision 2000/820/JHA) |
| 1. The governing board shall set up a permanent secretariat to assist CEPOL with the administrative tasks necessary for it to function and implement the annual programme and, where appropriate, the additional programmes and initiatives. The
  permanent
  secretariat
  may be set up within one of the national police academies
  . | 1. The governing board shall set up a permanent secretariat to assist CEPOL with the administrative tasks necessary for it to function and implement the annual programme and, where appropriate, the additional programmes and initiatives. The secretariat
  shall have its seat in Bramshill
  . |
| Amendment 3 |
| ARTICLE 1, POINT 2
  Article 4, paragraph 1, subparagraph 2 (Decision 2000/820/JHA) |
| The necessary arrangements concerning the accommodation to be provided for CEPOL in
  the United Kingdom
  and the facilities to be made available by the United Kingdom as well as particular rules applicable in the United Kingdom to members of CEPOL's organs, its Director, employees and members of their families shall be laid down in a headquarters agreement between CEPOL and the United Kingdom after obtaining the unanimous approval of the governing board. | The necessary arrangements concerning the accommodation to be provided for CEPOL in
  Bramshill
  and the facilities to be made available by the United Kingdom as well as particular rules applicable in the United Kingdom to members of CEPOL's organs, its Director, employees and members of their families shall be laid down in a headquarters agreement between CEPOL and the United Kingdom after obtaining the unanimous approval of the governing board. |

TEXT PROPOSED BY THE UNITED KINGDOM

AMENDMENTS BY PARLIAMENT

Amendment 2

ARTICLE 1, POINT 2

Article 4, paragraph 1, subparagraph 1 (Decision 2000/820/JHA)

1. The governing board shall set up a permanent secretariat to assist CEPOL with the administrative tasks necessary for it to function and implement the annual programme and, where appropriate, the additional programmes and initiatives. The
  permanent
  secretariat
  may be set up within one of the national police academies
  .

1. The governing board shall set up a permanent secretariat to assist CEPOL with the administrative tasks necessary for it to function and implement the annual programme and, where appropriate, the additional programmes and initiatives. The secretariat
  shall have its seat in Bramshill
  .

Amendment 3

ARTICLE 1, POINT 2

Article 4, paragraph 1, subparagraph 2 (Decision 2000/820/JHA)

The necessary arrangements concerning the accommodation to be provided for CEPOL in
  the United Kingdom
  and the facilities to be made available by the United Kingdom as well as particular rules applicable in the United Kingdom to members of CEPOL's organs, its Director, employees and members of their families shall be laid down in a headquarters agreement between CEPOL and the United Kingdom after obtaining the unanimous approval of the governing board.

The necessary arrangements concerning the accommodation to be provided for CEPOL in
  Bramshill
  and the facilities to be made available by the United Kingdom as well as particular rules applicable in the United Kingdom to members of CEPOL's organs, its Director, employees and members of their families shall be laid down in a headquarters agreement between CEPOL and the United Kingdom after obtaining the unanimous approval of the governing board.

---

(1)  OJ C 20, 24.1.2004, p. 18.

P5_TA(2004)0290

Appointment of a member of the ECB Executive Board *

European Parliament decision on the draft recommendation of the Council concerning the appointment of Mr José Manuel González-Páramo as a member of the Executive Board of the European Central Bank (6315/2004 — C5-0176/2004 — 2004/0808(CNS))

The European Parliament,

| — | having regard to the Council's recommendation of 30 March 2004 (6315/2004), |
| --- | --- |

—

having regard to the Council's recommendation of 30 March 2004 (6315/2004),

| — | having regard to Article 112(2) (b) of the EC Treaty pursuant to which the Council consulted Parliament (C5-0176/2004), |
| --- | --- |

—

having regard to Article 112(2) (b) of the EC Treaty pursuant to which the Council consulted Parliament (C5-0176/2004),

| — | having regard to Rule 36 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 36 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs (A5-0273/2004), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs (A5-0273/2004),

| 1. | Delivers a favourable opinion on the appointment of Mr José Manuel González-Páramo as a member of the Executive Board of the European Central Bank; |
| --- | --- |

1.

Delivers a favourable opinion on the appointment of Mr José Manuel González-Páramo as a member of the Executive Board of the European Central Bank;

| 2. | Instructs its President to forward this decision to the President of the Council, for forwarding to the governments of the Member States. |
| --- | --- |

2.

Instructs its President to forward this decision to the President of the Council, for forwarding to the governments of the Member States.

P5_TA(2004)0291

Impact of Community regulations

European Parliament resolution on assessment of the impact of Community legislation and the consultation procedures 2003/2079(INI))

The European Parliament,

| — | having regard to the Commission communication of 5 June 2002 on impact assessment (COM(2002) 276), |
| --- | --- |

—

having regard to the Commission communication of 5 June 2002 on impact assessment (COM(2002) 276),

| — | having regard to the Commission communication of 5 June 2002 on the Action plan ‘Simplifying and improving the regulatory environment’ (COM(2002) 278), |
| --- | --- |

—

having regard to the Commission communication of 5 June 2002 on the Action plan ‘Simplifying and improving the regulatory environment’ (COM(2002) 278),

| — | having regard to the interinstitutional agreement of 16 December 2003 on better law-making concluded between the European Parliament, the Council and the Commission (1), |
| --- | --- |

—

having regard to the interinstitutional agreement of 16 December 2003 on better law-making concluded between the European Parliament, the Council and the Commission (1),

| — | 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 (A5-0221/ 2004), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0221/ 2004),

| A. | whereas it is much more costly and complicated to simplify and improve legislation subsequent to an event, rather than to map out the consequences of legislation clearly from the outset and, thus, taking them into account when drawing up legislation, |
| --- | --- |

A.

whereas it is much more costly and complicated to simplify and improve legislation subsequent to an event, rather than to map out the consequences of legislation clearly from the outset and, thus, taking them into account when drawing up legislation,

| B. | whereas effective democratic accountability is only possible if Parliament has sufficient information on the consequences of legislation on social, economic and environmental aspects, |
| --- | --- |

B.

whereas effective democratic accountability is only possible if Parliament has sufficient information on the consequences of legislation on social, economic and environmental aspects,

| C. | whereas legislative texts and their explanatory memoranda do frequently provide information on the intended policy objectives, but include no insight into the costs involved in implementing and applying the legislation; whereas such insight can result in a saving of billions of euros in the costs incurred by businesses and individuals, in complying with their statutory duty to supply information to governments, implementing agencies and others, namely, complying with the so-called ‘administrative burden’; whereas reducing the administrative burden means making a significant contribution to employment in Europe and the Lisbon objectives, |
| --- | --- |

C.

whereas legislative texts and their explanatory memoranda do frequently provide information on the intended policy objectives, but include no insight into the costs involved in implementing and applying the legislation; whereas such insight can result in a saving of billions of euros in the costs incurred by businesses and individuals, in complying with their statutory duty to supply information to governments, implementing agencies and others, namely, complying with the so-called ‘administrative burden’; whereas reducing the administrative burden means making a significant contribution to employment in Europe and the Lisbon objectives,

| D. | whereas the aforementioned interinstitutional agreement accords an important role to impact assessment in improving the quality of legislation; whereas, on this point, the agreement needs fleshing out in greater detail, |
| --- | --- |

D.

whereas the aforementioned interinstitutional agreement accords an important role to impact assessment in improving the quality of legislation; whereas, on this point, the agreement needs fleshing out in greater detail,

| E. | whereas impact assessment should not be limited to quantitative elements such as the cost of the measures, but should also take account of qualitative factors, such as the need for the measures, social requirements, and the safety, health and personal development of individuals, |
| --- | --- |

E.

whereas impact assessment should not be limited to quantitative elements such as the cost of the measures, but should also take account of qualitative factors, such as the need for the measures, social requirements, and the safety, health and personal development of individuals,

| 1. | Notes that the method used at present, namely impact notes, has supplied no information that has been helpful in assessing the consequences and costs of proposed Community legislation; accordingly, welcomes the Commission's initiative to adopt a systematic impact assessment approach of new legislation; |
| --- | --- |

1.

Notes that the method used at present, namely impact notes, has supplied no information that has been helpful in assessing the consequences and costs of proposed Community legislation; accordingly, welcomes the Commission's initiative to adopt a systematic impact assessment approach of new legislation;

| 2. | Defines impact assessment as a straightforward mapping out of the consequences on social, economic and environmental aspects, as well as a mapping out of the policy alternatives that are available to the legislator in that scenario; |
| --- | --- |

2.

Defines impact assessment as a straightforward mapping out of the consequences on social, economic and environmental aspects, as well as a mapping out of the policy alternatives that are available to the legislator in that scenario;

| 3. | Points out that impact assessment is a means by which to improve legislation; considers that an impact assessment is in no way a substitute for the democratic decision-making process; notes, further, that experience in countries where impact assessment is carried out demonstrates that it results in improved legislation and simplifies parliamentary scrutiny; |
| --- | --- |

3.

Points out that impact assessment is a means by which to improve legislation; considers that an impact assessment is in no way a substitute for the democratic decision-making process; notes, further, that experience in countries where impact assessment is carried out demonstrates that it results in improved legislation and simplifies parliamentary scrutiny;

| 4. | Proposes to allow impact assessment to be carried out on initiatives that the Commission presents in its annual policy strategy or its work programme and on Parliament and Council amendments which will have a substantial impact on social, economic and environmental aspects; |
| --- | --- |

4.

Proposes to allow impact assessment to be carried out on initiatives that the Commission presents in its annual policy strategy or its work programme and on Parliament and Council amendments which will have a substantial impact on social, economic and environmental aspects;

| 5. | Proposes the following procedure to that end:






  (a) | any legislative proposal by the Commission should be accompanied by a global estimate of the costs of such legislation on social, economic and environmental aspects. The estimate will be drawn up by the officials responsible, in consultation with an audit reporting directly to the President of the Commission; |
| --- | --- | --- |

5.

Proposes the following procedure to that end:

(a)

any legislative proposal by the Commission should be accompanied by a global estimate of the costs of such legislation on social, economic and environmental aspects. The estimate will be drawn up by the officials responsible, in consultation with an audit reporting directly to the President of the Commission;

| (b) | the global cost estimate will be monitored by the audit; |
| --- | --- |

(b)

the global cost estimate will be monitored by the audit;

| (c) | the Commission, Council and Parliament will lay down, in the context of implementation of the aforementioned interinstitutional agreement, a cost threshold above which an extended impact assessment should be carried out; |
| --- | --- |

(c)

the Commission, Council and Parliament will lay down, in the context of implementation of the aforementioned interinstitutional agreement, a cost threshold above which an extended impact assessment should be carried out;

| (d) | if it is established that a legislative proposal exceeds the threshold, the Commission officials responsible will assess the impact of the proposed legislation on social, economic and environmental aspects, together with the policy alternatives available to the legislator in that scenario. The process must be monitored by the audit; the result of the investigation will be reported with the legislative proposal; |
| --- | --- |

(d)

if it is established that a legislative proposal exceeds the threshold, the Commission officials responsible will assess the impact of the proposed legislation on social, economic and environmental aspects, together with the policy alternatives available to the legislator in that scenario. The process must be monitored by the audit; the result of the investigation will be reported with the legislative proposal;

| (e) | the results of cost assessments and impact assessments will be added to the proposal and published in a central place accessible to all; |
| --- | --- |

(e)

the results of cost assessments and impact assessments will be added to the proposal and published in a central place accessible to all;

| (f) | the Commission will only send Parliament proposals accompanied by a cost assessment and an impact assessment; |
| --- | --- |

(f)

the Commission will only send Parliament proposals accompanied by a cost assessment and an impact assessment;

| (g) | amendments by Parliament that will have an impact on social, economic and environmental aspects will be submitted for cost assessment to an audit set up with whatever reasonable means Parliament has at its disposal. If it transpires that the amendment exceeds the cost threshold referred to in paragraph (c), the audit will carry out an impact assessment on the amendment. The results of the cost assessment and the impact assessment will be made available to the parliamentary committee responsible and also published in the place referred to in paragraph (e); |
| --- | --- |

(g)

amendments by Parliament that will have an impact on social, economic and environmental aspects will be submitted for cost assessment to an audit set up with whatever reasonable means Parliament has at its disposal. If it transpires that the amendment exceeds the cost threshold referred to in paragraph (c), the audit will carry out an impact assessment on the amendment. The results of the cost assessment and the impact assessment will be made available to the parliamentary committee responsible and also published in the place referred to in paragraph (e);

| (h) | the Council will follow a comparable procedure, as described in subparagraph (g) and will set up an audit in the Council Secretariat; |
| --- | --- |

(h)

the Council will follow a comparable procedure, as described in subparagraph (g) and will set up an audit in the Council Secretariat;

| 6. | Points out that the proposed procedure complies with practical experience in countries where impact assessment has been carried out for some considerable time; |
| --- | --- |

6.

Points out that the proposed procedure complies with practical experience in countries where impact assessment has been carried out for some considerable time;

| 7. | Points out further that a Community impact assessment only makes sense if the Commission, Council and Parliament operate in accordance with the same system and with the same standards; urges the Commission and Council accordingly to extend the interinstitutional consultation procedure with the aim of reaching agreement before the end of the year on the procedure proposed in paragraph 5; |
| --- | --- |

7.

Points out further that a Community impact assessment only makes sense if the Commission, Council and Parliament operate in accordance with the same system and with the same standards; urges the Commission and Council accordingly to extend the interinstitutional consultation procedure with the aim of reaching agreement before the end of the year on the procedure proposed in paragraph 5;

| 8. | With the aim of limiting the costs of the impact assessment system, calls on the Commission and Council to develop, jointly with Parliament, common criteria for quantifying the expenditure that legislative proposals generate, both in the EU as a whole and within the Member States; |
| --- | --- |

8.

With the aim of limiting the costs of the impact assessment system, calls on the Commission and Council to develop, jointly with Parliament, common criteria for quantifying the expenditure that legislative proposals generate, both in the EU as a whole and within the Member States;

| 9. | Takes note of the aforementioned Commission communication on the Action plan ‘Simplifying and improving the regulatory environment’; notes with satisfaction that the Commission is making progress with the simplification of Community legislation; voices the hope that the problems that the Commission has identified can be put right in future; points out that simplification after the event could have been avoided by the consistent application of a proper impact assessment beforehand; |
| --- | --- |

9.

Takes note of the aforementioned Commission communication on the Action plan ‘Simplifying and improving the regulatory environment’; notes with satisfaction that the Commission is making progress with the simplification of Community legislation; voices the hope that the problems that the Commission has identified can be put right in future; points out that simplification after the event could have been avoided by the consistent application of a proper impact assessment beforehand;

| 10. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

10.

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

---

(1)  OJ C 321, 31.12.2003, p. 1.

P5_TA(2004)0292

Equal opportunities for the disabled

European Parliament legislative resolution on the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions — Equal opportunities for people with disabilities: A European Action Plan (COM(2003) 650 — C5-0039/2004 — 2004/2004(INI))

The European Parliament,

| — | having regard to the Commission communication (COM(2003) 650), |
| --- | --- |

—

having regard to the Commission communication (COM(2003) 650),

| — | having regard to the Commission communications on equality of opportunity for people with disabilities (COM(1996) 406) and ‘Towards a barrier-free Europe for people with disabilities’ (COM(2000) 284), |
| --- | --- |

—

having regard to the Commission communications on equality of opportunity for people with disabilities (COM(1996) 406) and ‘Towards a barrier-free Europe for people with disabilities’ (COM(2000) 284),

| — | having regard to Article 13 of the Treaty of Amsterdam and Declaration No 22 annexed to the final act of that treaty, |
| --- | --- |

—

having regard to Article 13 of the Treaty of Amsterdam and Declaration No 22 annexed to the final act of that treaty,

| — | having regard to the Charter of Fundamental Rights of the European Union and in particular Articles 21 and 26 thereof, |
| --- | --- |

—

having regard to the Charter of Fundamental Rights of the European Union and in particular Articles 21 and 26 thereof,

| — | having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (1), |
| --- | --- |

—

having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (1),

| — | having regard to its resolutions of 11 April 1997 on equality of opportunity for people with disabilities (2), 18 November 1998 on sign languages (3), 15 December 1998 on the evaluation of the Third Community Action Programme to assist disabled persons (HELIOS II) (4), 4 April 2001 on the Commission communication ‘Towards a barrier-free Europe for the disabled’ (5), 15 November 2001 on the proposal for a Council decision on the European Year of People with Disabilities 2003 (6), 3 September 2003 on the Commission communication ‘Towards a United Nations legally binding instrument to promote and protect the rights and dignity of persons with disabilities’ (7), and of 9 March 2004 on the situation of women from minority groups in the European Union (8), |
| --- | --- |

—

having regard to its resolutions of 11 April 1997 on equality of opportunity for people with disabilities (2), 18 November 1998 on sign languages (3), 15 December 1998 on the evaluation of the Third Community Action Programme to assist disabled persons (HELIOS II) (4), 4 April 2001 on the Commission communication ‘Towards a barrier-free Europe for the disabled’ (5), 15 November 2001 on the proposal for a Council decision on the European Year of People with Disabilities 2003 (6), 3 September 2003 on the Commission communication ‘Towards a United Nations legally binding instrument to promote and protect the rights and dignity of persons with disabilities’ (7), and of 9 March 2004 on the situation of women from minority groups in the European Union (8),

| — | having regard to the Council resolutions of 20 December 1996 on equal opportunities for people with disabilities (9), 17 June 1999 on equal employment opportunities for people with disabilities (10), 6 February 2003‘eAccessibility’ — Improving the access of people with disabilities to the knowledgebased society (11), 5 May 2003 on equal opportunities for pupils and students with disabilities in education and training (12), 6 May 2003 on accessibility of cultural infrastructure and cultural activities for people with disabilities (13), 15 July 2003 on promoting the employment and social integration of people with disabilities (14), and having regard to the Council conclusions of 2 and 3 June 2003 on combating stigma and discrimination in relation to mental illness and the Council conclusions of 2 December 2003 on the promotion of equal opportunities for people with disabilities, |
| --- | --- |

—

having regard to the Council resolutions of 20 December 1996 on equal opportunities for people with disabilities (9), 17 June 1999 on equal employment opportunities for people with disabilities (10), 6 February 2003‘eAccessibility’ — Improving the access of people with disabilities to the knowledgebased society (11), 5 May 2003 on equal opportunities for pupils and students with disabilities in education and training (12), 6 May 2003 on accessibility of cultural infrastructure and cultural activities for people with disabilities (13), 15 July 2003 on promoting the employment and social integration of people with disabilities (14), and having regard to the Council conclusions of 2 and 3 June 2003 on combating stigma and discrimination in relation to mental illness and the Council conclusions of 2 December 2003 on the promotion of equal opportunities for people with disabilities,

| — | having regard to the Eurobarometer survey 54.2 ‘Attitudes of Europeans to disability’ and the Eurostat report on the employment of disabled people in Europe 2002, |
| --- | --- |

—

having regard to the Eurobarometer survey 54.2 ‘Attitudes of Europeans to disability’ and the Eurostat report on the employment of disabled people in Europe 2002,

| — | having regard to the United Nations standard rules for the equalisation of opportunities for persons with disabilities of 1993, |
| --- | --- |

—

having regard to the United Nations standard rules for the equalisation of opportunities for persons with disabilities of 1993,

| — | having regard to the 1989 United Nations Convention on the Rights of the Child and its four guiding principles of non-discrimination, the best interests of the child, the right to life and development and the right to express views and to participation, which must be understood as being interrelated and indivisible, |
| --- | --- |

—

having regard to the 1989 United Nations Convention on the Rights of the Child and its four guiding principles of non-discrimination, the best interests of the child, the right to life and development and the right to express views and to participation, which must be understood as being interrelated and indivisible,

| — | having regard to the Madrid Declaration ‘Non-discrimination plus positive action results in social inclusion’ adopted by 600 representatives of disabled people's organisations from all over Europe at the Congress held by the Spanish Presidency of the European Union, |
| --- | --- |

—

having regard to the Madrid Declaration ‘Non-discrimination plus positive action results in social inclusion’ adopted by 600 representatives of disabled people's organisations from all over Europe at the Congress held by the Spanish Presidency of the European Union,

| — | having regard to the encouraging results achieved by the ‘Corporate Partnership Programme’, which has encouraged closer cooperation between the business world and people with disabilities as regards access to products and services and employment, |
| --- | --- |

—

having regard to the encouraging results achieved by the ‘Corporate Partnership Programme’, which has encouraged closer cooperation between the business world and people with disabilities as regards access to products and services and employment,

| — | having regard to the resolution ‘The European Year of People with Disabilities and Beyond: A vision for the future’ and the manifesto for the 2004 European Parliament elections adopted by the European Parliament of Disabled People held on 10 and 11 November 2003 and organised by the European Parliament's competent committee in cooperation with the European Disability Forum, |
| --- | --- |

—

having regard to the resolution ‘The European Year of People with Disabilities and Beyond: A vision for the future’ and the manifesto for the 2004 European Parliament elections adopted by the European Parliament of Disabled People held on 10 and 11 November 2003 and organised by the European Parliament's competent committee in cooperation with the European Disability Forum,

| — | having regard to the thirteenth Latin American Summit of Heads of State and Government, held in Santa Cruz de la Sierra, Bolivia, on 14 and 15 November 2003, at which the year 2004 was proclaimed Latin American Year of People with Disabilities, |
| --- | --- |

—

having regard to the thirteenth Latin American Summit of Heads of State and Government, held in Santa Cruz de la Sierra, Bolivia, on 14 and 15 November 2003, at which the year 2004 was proclaimed Latin American Year of People with Disabilities,

| — | having regard to its resolution of 18 December 2003 on Petition 842/2001 concerning the effects of discriminatory treatment afforded to persons with multiple sclerosis within the European Union (15), |
| --- | --- |

—

having regard to its resolution of 18 December 2003 on Petition 842/2001 concerning the effects of discriminatory treatment afforded to persons with multiple sclerosis within the European Union (15),

| — | having regard to the inquiry carried out by the European Ombudsman at the Commission concerning the integration of persons with disabilities, in particular as regards the measures implemented by the Commission to ensure that persons with disabilities are not discriminated against in their relations with the institution, |
| --- | --- |

—

having regard to the inquiry carried out by the European Ombudsman at the Commission concerning the integration of persons with disabilities, in particular as regards the measures implemented by the Commission to ensure that persons with disabilities are not discriminated against in their relations with the institution,

| — | having regard to Council Decision 2003/578/EC of 22 July 2003 on the guidelines for the employment policies of the Member States (16) and Council Recommendation 2003/579/EC of 22 July 2003 on the implementation of Member States' employment policies (17), |
| --- | --- |

—

having regard to Council Decision 2003/578/EC of 22 July 2003 on the guidelines for the employment policies of the Member States (16) and Council Recommendation 2003/579/EC of 22 July 2003 on the implementation of Member States' employment policies (17),

| — | having regard to the Presidency Conclusions of the Lisbon European Council of 23 and 24 March 2000, |
| --- | --- |

—

having regard to the Presidency Conclusions of the Lisbon European Council of 23 and 24 March 2000,

| — | having regard to the motion for a resolution by Cristiana Muscardini on travel concessions for disabled people in Europe (B5-0061/2004), |
| --- | --- |

—

having regard to the motion for a resolution by Cristiana Muscardini on travel concessions for disabled people in Europe (B5-0061/2004),

| — | 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 Women's Rights and Equal Opportunities (A5-0263/2004), |
| --- | --- |

—

having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Women's Rights and Equal Opportunities (A5-0263/2004),

| A. | whereas there will be 50 million people with disabilities in the enlarged European Union with a widerange of different disabilities, |
| --- | --- |

A.

whereas there will be 50 million people with disabilities in the enlarged European Union with a widerange of different disabilities,

| B. | whereas non-discrimination and the promotion of human rights must be the main focus of the European Union strategy for people with disabilities, as established by Article 13 of the Treaty and by the Charter of Fundamental Rights of the European Union, |
| --- | --- |

B.

whereas non-discrimination and the promotion of human rights must be the main focus of the European Union strategy for people with disabilities, as established by Article 13 of the Treaty and by the Charter of Fundamental Rights of the European Union,

| C. | whereas the European Ombudsman has taken an initiative to open an inquiry into the measures implemented by the Commission to ensure that persons with disabilities are not discriminated against in their relations with the institution, |
| --- | --- |

C.

whereas the European Ombudsman has taken an initiative to open an inquiry into the measures implemented by the Commission to ensure that persons with disabilities are not discriminated against in their relations with the institution,

| D. | whereas disability should be seen from a social rather than a medical standpoint, recognising that persons with disabilities are citizens with equal rights, |
| --- | --- |

D.

whereas disability should be seen from a social rather than a medical standpoint, recognising that persons with disabilities are citizens with equal rights,

| E. | whereas effective political action on disability-related questions should be based on the universal values of respect for rights, equal opportunities and the dignity of all citizens, to which all democratic political forces should make a positive contribution, |
| --- | --- |

E.

whereas effective political action on disability-related questions should be based on the universal values of respect for rights, equal opportunities and the dignity of all citizens, to which all democratic political forces should make a positive contribution,

| F. | whereas disabled women are often victims of multiple forms of discrimination, |
| --- | --- |

F.

whereas disabled women are often victims of multiple forms of discrimination,

| 1. | Welcomes the greater awareness at European and national level as regards non-discrimination and the human rights of people with disabilities and the development of partnerships between disabled persons' associations and those involved in political, economic, social and cultural life, following the initiatives adopted during the 2003 European Year of People with Disabilities; believes that the positive results obtained should be incorporated into the European Union's policies and consolidated through appropriate political and legislative initiatives; |
| --- | --- |

1.

Welcomes the greater awareness at European and national level as regards non-discrimination and the human rights of people with disabilities and the development of partnerships between disabled persons' associations and those involved in political, economic, social and cultural life, following the initiatives adopted during the 2003 European Year of People with Disabilities; believes that the positive results obtained should be incorporated into the European Union's policies and consolidated through appropriate political and legislative initiatives;

| 2. | Welcomes the Commission's communication on the follow-up to the 2003 European Year of People with Disabilities and, in particular, its adoption of a European Action Plan for People with Disabilities; regrets, however, the overemphasis and rather narrow focus of the Action Plan on employment and education policy given the fact that for disabled persons to experience real equality and social inclusion attention must be given to all areas of life; believes that the communication should stress the need to consolidate the results obtained so as to lay firm foundations for future work; regrets that the Commission communication does not include an integrated gender perspective nor a separate chapter on gender specific disability policies; calls on the Commission to integrate the gender perspective and specific information on women with disabilities in the successive phases of its action plan; calls respectively on the Council, the Commission and the Member States to introduce gender mainstreaming into all disability policies; |
| --- | --- |

2.

Welcomes the Commission's communication on the follow-up to the 2003 European Year of People with Disabilities and, in particular, its adoption of a European Action Plan for People with Disabilities; regrets, however, the overemphasis and rather narrow focus of the Action Plan on employment and education policy given the fact that for disabled persons to experience real equality and social inclusion attention must be given to all areas of life; believes that the communication should stress the need to consolidate the results obtained so as to lay firm foundations for future work; regrets that the Commission communication does not include an integrated gender perspective nor a separate chapter on gender specific disability policies; calls on the Commission to integrate the gender perspective and specific information on women with disabilities in the successive phases of its action plan; calls respectively on the Council, the Commission and the Member States to introduce gender mainstreaming into all disability policies;

| 3. | Regrets the absence of legislative proposals in the Action Plan — in particular a directive to combat discrimination based on disabilities, extending to all sectors of European Union competence and designed once and for all to remove all barriers to participation in community life by people with disabilities and to allow them genuinely to enjoy full citizenship — despite the repeated calls made by the European Parliament on this matter and the debate launched by the Italian Presidency of the European Union concerning an anti-discrimination directive; recalls the Commission's commitment to such a directive; |
| --- | --- |

3.

Regrets the absence of legislative proposals in the Action Plan — in particular a directive to combat discrimination based on disabilities, extending to all sectors of European Union competence and designed once and for all to remove all barriers to participation in community life by people with disabilities and to allow them genuinely to enjoy full citizenship — despite the repeated calls made by the European Parliament on this matter and the debate launched by the Italian Presidency of the European Union concerning an anti-discrimination directive; recalls the Commission's commitment to such a directive;

| 4. | Regrets that no attention has been given in the Action Plan proposals for the need to give particular support to organisations of disabled persons in enlargement countries to assist them in the transition process of accession; |
| --- | --- |

4.

Regrets that no attention has been given in the Action Plan proposals for the need to give particular support to organisations of disabled persons in enlargement countries to assist them in the transition process of accession;

| 5. | Calls on the Commission to include in its forthcoming Green Paper on future strategy on non-discrimination, and in its new social policy agenda, a timetable for the submission of a directive to combat discrimination based on disabilities in those areas not covered by Directive 2000/78/EC; calls on the EU and the Member States to develop statistics on the situation of disabled people, broken down by gender. A study should be undertaken if any legislation in the Member States concerning disabled people discriminates against disabled women and girls; |
| --- | --- |

5.

Calls on the Commission to include in its forthcoming Green Paper on future strategy on non-discrimination, and in its new social policy agenda, a timetable for the submission of a directive to combat discrimination based on disabilities in those areas not covered by Directive 2000/78/EC; calls on the EU and the Member States to develop statistics on the situation of disabled people, broken down by gender. A study should be undertaken if any legislation in the Member States concerning disabled people discriminates against disabled women and girls;

| 6. | Calls on Member States which have not yet done so to transpose Directive 2000/78/EC fully as soon as possible, to inform those to whom it is addressed and to develop training measures for those responsible for its implementation, including judges; welcomes the intention expressed by the Commission to penalise failure to transpose the Directive into national law; |
| --- | --- |

6.

Calls on Member States which have not yet done so to transpose Directive 2000/78/EC fully as soon as possible, to inform those to whom it is addressed and to develop training measures for those responsible for its implementation, including judges; welcomes the intention expressed by the Commission to penalise failure to transpose the Directive into national law;

| 7. | Considers that the future treaty establishing a constitution for Europe must provide for stronger measures to make it possible to combat discrimination and promote respect for human rights and opportunities for people with disabilities, and especially those with a high degree of dependency and/or who are unable to represent themselves unaided, with due regard for the model of a social Europe based on the principle of solidarity; calls on the Member States to make greater use of qualified majority voting and the codecision procedure for the adoption of legislative measures designed to combat discrimination; |
| --- | --- |

7.

Considers that the future treaty establishing a constitution for Europe must provide for stronger measures to make it possible to combat discrimination and promote respect for human rights and opportunities for people with disabilities, and especially those with a high degree of dependency and/or who are unable to represent themselves unaided, with due regard for the model of a social Europe based on the principle of solidarity; calls on the Member States to make greater use of qualified majority voting and the codecision procedure for the adoption of legislative measures designed to combat discrimination;

| 8. | Reaffirms its support for a United Nations convention on the human rights of people with disabilities and calls on the Member States actively to promote such a convention, based on the European Parliament report, to ensure that people with disabilities can fully exercise their human rights; |
| --- | --- |

8.

Reaffirms its support for a United Nations convention on the human rights of people with disabilities and calls on the Member States actively to promote such a convention, based on the European Parliament report, to ensure that people with disabilities can fully exercise their human rights;

| 9. | Recalls that disabled women have been victims of serious violation of their fundamental rights, including the right of self-determination as they have been denied their sexual and reproductive rights. Calls on the Commission and the Member States to take vigorous measures against all forms of violence against disabled women; calls on the Commission to focus particularly on combating violence against women with disabilities within the framework of the Daphne programme and to introduce measures to remedy the general lack of information and facilitate access to sexual and reproductive health services for women with disabilities; urges the Member States to introduce legislation to protect the rights of disabled women in cases of sexual abuse and violence and to take action in development cooperation to protect women from genital mutilation, which is to be considered as a crime in accordance with the Platform for Action of the UN Conference on Women; |
| --- | --- |

9.

Recalls that disabled women have been victims of serious violation of their fundamental rights, including the right of self-determination as they have been denied their sexual and reproductive rights. Calls on the Commission and the Member States to take vigorous measures against all forms of violence against disabled women; calls on the Commission to focus particularly on combating violence against women with disabilities within the framework of the Daphne programme and to introduce measures to remedy the general lack of information and facilitate access to sexual and reproductive health services for women with disabilities; urges the Member States to introduce legislation to protect the rights of disabled women in cases of sexual abuse and violence and to take action in development cooperation to protect women from genital mutilation, which is to be considered as a crime in accordance with the Platform for Action of the UN Conference on Women;

| 10. | Stresses the importance of the biennial report on people with disabilities as an instrument for encouraging greater awareness of the situation in the Member States of the European Union and for promoting good practice; considers that the contributions of the Member States should be based on common guidelines to allow for benchmarking, paying special attention to the situation of people with disabilities in the countries about to join the European Union; stresses the importance of actively involving disabled people's organisations in the decision-making process at national and European level; |
| --- | --- |

10.

Stresses the importance of the biennial report on people with disabilities as an instrument for encouraging greater awareness of the situation in the Member States of the European Union and for promoting good practice; considers that the contributions of the Member States should be based on common guidelines to allow for benchmarking, paying special attention to the situation of people with disabilities in the countries about to join the European Union; stresses the importance of actively involving disabled people's organisations in the decision-making process at national and European level;

| 11. | Calls on the Commission to submit the biennial report on the situation of people with disabilities to the European Parliament, the Council, the Social Protection Committee and the Employment Committee; calls on the Employment and Social Policy Council to include consideration of the report on its agenda; |
| --- | --- |

11.

Calls on the Commission to submit the biennial report on the situation of people with disabilities to the European Parliament, the Council, the Social Protection Committee and the Employment Committee; calls on the Employment and Social Policy Council to include consideration of the report on its agenda;

| 12. | Welcomes the Commission's undertaking to submit a working paper on the implementation of the European employment strategy with respect to disabled persons; also calls on the Commission to draw up firm recommendations to the Member States to be included in the next joint report on employment; |
| --- | --- |

12.

Welcomes the Commission's undertaking to submit a working paper on the implementation of the European employment strategy with respect to disabled persons; also calls on the Commission to draw up firm recommendations to the Member States to be included in the next joint report on employment;

| 13. | Calls on the Member States and the Commission to follow up the Council conclusions of 2 December 2003 on equal opportunities for people with disabilities, particularly as regards the need to pay special attention in the biennial report 2005 to promoting quality of life for disabled people with a high degree of dependency and/or unable to represent themselves unaided and their families and to quality services that encourage the independence of people with disabilities and respect for their rights; |
| --- | --- |

13.

Calls on the Member States and the Commission to follow up the Council conclusions of 2 December 2003 on equal opportunities for people with disabilities, particularly as regards the need to pay special attention in the biennial report 2005 to promoting quality of life for disabled people with a high degree of dependency and/or unable to represent themselves unaided and their families and to quality services that encourage the independence of people with disabilities and respect for their rights;

| 14. | Considers that the future ESF Regulation should encourage specific measures in the area of disabilities, with particular emphasis on persons with a high degree of dependency and/or unable to represent themselves unaided, encouraging quality training and rehabilitation, while at the same time ensuring that disability issues are mainstreamed into the various objectives; calls also on the Commission to include a disabled access requirement in the Structural Fund rules governing the funding of infrastructure or building projects and for training modules funded by the European Structural Fund, including training in new information and telecommunications technologies; |
| --- | --- |

14.

Considers that the future ESF Regulation should encourage specific measures in the area of disabilities, with particular emphasis on persons with a high degree of dependency and/or unable to represent themselves unaided, encouraging quality training and rehabilitation, while at the same time ensuring that disability issues are mainstreamed into the various objectives; calls also on the Commission to include a disabled access requirement in the Structural Fund rules governing the funding of infrastructure or building projects and for training modules funded by the European Structural Fund, including training in new information and telecommunications technologies;

| 15. | Welcomes the inclusion in the Commission action plan of measures to improve accessibility to information technologies and the built environment, as well as the commitment to promote the principle of ‘design for all’ in Community policies in the built environment; considers, nevertheless, that, in order to obtain tangible results, a more ambitious strategy must be developed; calls for the recommendations of the EU expert report on ‘Accessibility for All’ to be implemented without delay, including the revision of Construction Products Directive to require mandatory accessibility standards; thereby calls for EU measures to be accompanied together with an appropriate legislative framework laying down common rules on accessibility to goods, services and infrastructures and accompanied by incentives for business and the promotion of public/private partnerships; |
| --- | --- |

15.

Welcomes the inclusion in the Commission action plan of measures to improve accessibility to information technologies and the built environment, as well as the commitment to promote the principle of ‘design for all’ in Community policies in the built environment; considers, nevertheless, that, in order to obtain tangible results, a more ambitious strategy must be developed; calls for the recommendations of the EU expert report on ‘Accessibility for All’ to be implemented without delay, including the revision of Construction Products Directive to require mandatory accessibility standards; thereby calls for EU measures to be accompanied together with an appropriate legislative framework laying down common rules on accessibility to goods, services and infrastructures and accompanied by incentives for business and the promotion of public/private partnerships;

| 16. | Furthermore, recalls that assistive technologies, while playing an important role in facilitating the independence of persons with disabilities, can be prohibitively expensive for many disabled persons; many assistive devices are difficult to obtain, maintain and repair; recalls the failure of the Handynet programme to meet the real needs of disabled persons and emphasises the need for EU policy to devote attention more specifically to furthering design-for-all policies; |
| --- | --- |

16.

Furthermore, recalls that assistive technologies, while playing an important role in facilitating the independence of persons with disabilities, can be prohibitively expensive for many disabled persons; many assistive devices are difficult to obtain, maintain and repair; recalls the failure of the Handynet programme to meet the real needs of disabled persons and emphasises the need for EU policy to devote attention more specifically to furthering design-for-all policies;

| 17. | Welcomes the adoption of rules on the accessibility of services, products and supplies in the new directives on public contracts recently adopted by the European Parliament and the Council; calls on the Commission to draw up guidelines for public bodies and local authorities to ensure that these rules are fully applied; |
| --- | --- |

17.

Welcomes the adoption of rules on the accessibility of services, products and supplies in the new directives on public contracts recently adopted by the European Parliament and the Council; calls on the Commission to draw up guidelines for public bodies and local authorities to ensure that these rules are fully applied;

| 18. | Welcomes the Commission proposal to encourage exchanges of good practice and identify factors of success or failure in relation to the full integration of people with disabilities in education and training; proposes that a working group be set up comprising representatives of the Member States, disabled people's organisations, training and education experts, representatives of the two sides of industry, producers in the field of new technologies and other stakeholders; |
| --- | --- |

18.

Welcomes the Commission proposal to encourage exchanges of good practice and identify factors of success or failure in relation to the full integration of people with disabilities in education and training; proposes that a working group be set up comprising representatives of the Member States, disabled people's organisations, training and education experts, representatives of the two sides of industry, producers in the field of new technologies and other stakeholders;

| 19. | Stresses the importance of the pilot project to follow up the 2003 European Year of People with Disabilities adopted in the European Parliament 2004 budget in order to promote mainstreaming of disability issues in the various European policies and encourage the development of partnerships between disabled people's organisations and leading figures in economic, social and cultural life and the media; calls on the Commission to submit a proposal for a specific action programme with effect from the 2005 budget; |
| --- | --- |

19.

Stresses the importance of the pilot project to follow up the 2003 European Year of People with Disabilities adopted in the European Parliament 2004 budget in order to promote mainstreaming of disability issues in the various European policies and encourage the development of partnerships between disabled people's organisations and leading figures in economic, social and cultural life and the media; calls on the Commission to submit a proposal for a specific action programme with effect from the 2005 budget;

| 20. | Instructs its President to forward this resolution to the Council, the Commission and the governments of the Member States. |
| --- | --- |

20.

Instructs its President to forward this resolution to the Council, the Commission and the governments of the Member States.

---

(1)  OJ L 303, 2.12.2000, p. 16.

(2)  OJ C 132, 28.4.1997, p. 313.

(3)  OJ C 379, 7.12.1998, p. 66.

(4)  OJ C 98, 9.4.1999, p. 35.

(5)  OJ C 21 E, 24.1.2002, p. 246.

(6)  OJ C 140 E, 13.6.2002, p. 599.

(7)  P5_TA(2003)0370.

(8)  P5_TA(2004)0153.

(9)  OJ C 12, 13.1.1997, p. 1.

(10)  OJ C 186, 2.7.1999, p. 3.

(11)  OJ C 39, 18.2.2003, p. 5.

(12)  OJ C 134, 7.6.2003, p. 6.

(13)  OJ C 134, 7.6.2003, p. 7.

(14)  OJ C 175, 24.7.2003, p. 1.

(15)  P5_TA(2003)0601.

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

(17)  OJ L 197, 5.8.2003, p. 22.

P5_TA(2004)0293

Coordination of social security systems ***II

European Parliament legislative resolution on the common position adopted by the Council with a view to the adoption of a European Parliament and Council regulation on the coordination of social security systems (15577/6/2003 — C5-0043/2004 — 1998/0360(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (15577/6/2003 — C5-0043/2004) (1), |
| --- | --- |

—

having regard to the Council common position (15577/6/2003 — C5-0043/2004) (1),

| — | having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(1998) 779) (3), |
| --- | --- |

—

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(1998) 779) (3),

| — | having regard to the amended proposal (COM(2003) 596) (4), |
| --- | --- |

—

having regard to the amended proposal (COM(2003) 596) (4),

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

—

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

| — | having regard to Rule 80 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 80 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Employment and Social Affairs (A5-0234/2004), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Employment and Social Affairs (A5-0234/2004),

| 1. | Amends the common position as follows; |
| --- | --- |

1.

Amends the common position as follows;

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

2.

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

---

(1)  OJ C 79 E, 30.3.2004, p. 15.

(2)  Texts Adopted, 3.9.2003, P5_TA(2003)0366.

(3)  OJ C 38, 12.2.1999, p. 10.

(4)  Not yet published in the OJ.

P5_TC2-COD(1998)0360

Position of the European Parliament adopted at second reading on 20 April 2004 with a view to the adoption of European Parliament and Council Regulation (EC) No .../2004 on the 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 42 and 308 thereof,

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

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

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

Whereas:

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

(1)

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

| (2) | The Treaty does not provide powers other than those of Article 308 to take appropriate measures within the field of social security for persons other than employed persons. |
| --- | --- |

(2)

The Treaty does not provide powers other than those of Article 308 to take appropriate measures within the field of social security for persons other than employed persons.

| (3) | 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) has been amended and updated on numerous occasions in order to take into account not only developments at Community level, including judgments of the Court of Justice, but also changes in legislation at national level. Such factors have played their part in making the Community coordination rules complex and lengthy. Replacing, while modernising and simplifying, these rules is therefore essential to achieve the aim of the free movement of persons. |
| --- | --- |

(3)

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) has been amended and updated on numerous occasions in order to take into account not only developments at Community level, including judgments of the Court of Justice, but also changes in legislation at national level. Such factors have played their part in making the Community coordination rules complex and lengthy. Replacing, while modernising and simplifying, these rules is therefore essential to achieve the aim of the free movement of persons.

| (4) | It is necessary to respect the special characteristics of national social security legislation and to draw up only a system of coordination. |
| --- | --- |

(4)

It is necessary to respect the special characteristics of national social security legislation and to draw up only a system of coordination.

| (5) | It is necessary, within the framework of such coordination, to guarantee within the Community equality of treatment under the different national legislation for the persons concerned. |
| --- | --- |

(5)

It is necessary, within the framework of such coordination, to guarantee within the Community equality of treatment under the different national legislation for the persons concerned.

| (6) | 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 by the public authorities rendering them compulsory or extending their scope may call for similar protection with regard to the application of those provisions to that afforded by this Regulation. As a first step, the experience of Member States who have notified such schemes might be evaluated. |
| --- | --- |

(6)

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 by the public authorities rendering them compulsory or extending their scope may call for similar protection with regard to the application of those provisions to that afforded by this Regulation. As a first step, the experience of Member States who have notified such schemes might be evaluated.

| (7) | Due to the major differences existing between national legislation in terms of the persons covered, it is preferable to lay down the principle that this Regulation is to apply to nationals of a Member State, stateless persons and 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. |
| --- | --- |

(7)

Due to the major differences existing between national legislation in terms of the persons covered, it is preferable to lay down the principle that this Regulation is to apply to nationals of a Member State, stateless persons and 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.

| (8) | The general principle of equal treatment is of particular importance for workers who do not reside in the Member State of their employment, including frontier workers. |
| --- | --- |

(8)

The general principle of equal treatment is of particular importance for workers who do not reside in the Member State of their employment, including frontier workers.

| (9) | The Court of Justice has on several occasions given an opinion on the possibility of equal treatment of benefits, income and facts; this principle should be adopted explicitly and developed, while observing the substance and spirit of legal rulings. |
| --- | --- |

(9)

The Court of Justice has on several occasions given an opinion on the possibility of equal treatment of benefits, income and facts; this principle should be adopted explicitly and developed, while observing the substance and spirit of legal rulings.

| (10) | However, the principle of treating certain facts or events occurring in the territory of another Member State as if they had taken place in the territory of the Member State whose legislation is applicable should not interfere with the principle of aggregating periods of insurance, employment, self-employment or residence completed under the legislation of another Member State with those completed under the legislation of the competent Member State. Periods completed under the legislation of another Member State should therefore be taken into account solely by applying the principle of aggregation of periods. |
| --- | --- |

(10)

However, the principle of treating certain facts or events occurring in the territory of another Member State as if they had taken place in the territory of the Member State whose legislation is applicable should not interfere with the principle of aggregating periods of insurance, employment, self-employment or residence completed under the legislation of another Member State with those completed under the legislation of the competent Member State. Periods completed under the legislation of another Member State should therefore be taken into account solely by applying the principle of aggregation of periods.

| (11) | The assimilation of facts or events occurring in a Member State can in no way render another Member State competent or its legislation applicable. |
| --- | --- |

(11)

The assimilation of facts or events occurring in a Member State can in no way render another Member State competent or its legislation applicable.

| (12) | In the light of proportionality, care should be taken to ensure that the principle of assimilation of facts or events does not lead to objectively unjustified results or to the overlapping of benefits of the same kind for the same period. |
| --- | --- |

(12)

In the light of proportionality, care should be taken to ensure that the principle of assimilation of facts or events does not lead to objectively unjustified results or to the overlapping of benefits of the same kind for the same period.

| (13) | The coordination rules must guarantee that persons moving within the Community and their dependants and survivors retain the rights and the advantages acquired and in the course of being acquired. |
| --- | --- |

(13)

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

| (14) | These objectives must be attained in particular by aggregating all the periods taken into account under the various national legislation for the purpose of acquiring and retaining the right to benefits and of calculating the amount of benefits, and by providing benefits for the various categories of persons covered by this Regulation. |
| --- | --- |

(14)

These objectives must be attained in particular by aggregating all the periods taken into account under the various national legislation for the purpose of acquiring and retaining the right to benefits and of calculating the amount of benefits, and by providing benefits for the various categories of persons covered by this Regulation.

| (15) | 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 the applicable provisions of national legislation and the complications which could result therefrom. |
| --- | --- |

(15)

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 the applicable provisions of national legislation and the complications which could result therefrom.

| (16) | Within the Community there is in principle no justification for making social security rights dependent on the place of residence of the person concerned; 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. |
| --- | --- |

(16)

Within the Community there is in principle no justification for making social security rights dependent on the place of residence of the person concerned; 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.

| (17) | 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 concerned pursues his activity as an employed or self-employed person. |
| --- | --- |

(17)

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 concerned pursues his activity as an employed or self-employed person.

| (18) | In specific situations which justify other criteria of applicability, it is necessary to derogate from that general rule. |
| --- | --- |

(18)

In specific situations which justify other criteria of applicability, it is necessary to derogate from that general rule.

| (19) | In some cases, maternity and equivalent paternity benefits may be enjoyed by the mother or the father and since, for the latter, these benefits are different from parental benefits and can be assimilated to maternity benefits strictu sensu in that they are provided during the first months of a newborn child's life, it is appropriate that maternity and equivalent paternity benefits be regulated jointly. |
| --- | --- |

(19)

In some cases, maternity and equivalent paternity benefits may be enjoyed by the mother or the father and since, for the latter, these benefits are different from parental benefits and can be assimilated to maternity benefits strictu sensu in that they are provided during the first months of a newborn child's life, it is appropriate that maternity and equivalent paternity benefits be regulated jointly.

| (20) | In the field of sickness, maternity and equivalent paternity benefits, insured persons, as well as the members of their families, living or staying in a Member State other than the competent Member State, should be afforded protection. |
| --- | --- |

(20)

In the field of sickness, maternity and equivalent paternity benefits, insured persons, as well as the members of their families, living or staying in a Member State other than the competent Member State, should be afforded protection.

| (21) | Provisions on sickness, maternity and equivalent paternity benefits were drawn up in the light of Court of Justice case-law. Provisions on prior authorisation have been improved, taking into account the relevant decisions of the Court of Justice. |
| --- | --- |

(21)

Provisions on sickness, maternity and equivalent paternity benefits were drawn up in the light of Court of Justice case-law. Provisions on prior authorisation have been improved, taking into account the relevant decisions of the Court of Justice.

| (22) | 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. |
| --- | --- |

(22)

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.

| (23) | In view of the differences between the various national systems, it is appropriate that Member States make provision, where possible, for medical treatment for family members of frontier workers in the Member State where the latter pursue their activity. |
| --- | --- |

(23)

In view of the differences between the various national systems, it is appropriate that Member States make provision, where possible, for medical treatment for family members of frontier workers in the Member State where the latter pursue their activity.

| (24) | It is necessary to establish specific provisions regulating the non-overlapping of sickness benefits in kind and sickness benefits in cash which are of the same nature as those which were the subject of the judgments of the Court of Justice in Cases C-215/99 Jauch and C-160/96 Molenaar, provided that those benefits cover the same risk. |
| --- | --- |

(24)

It is necessary to establish specific provisions regulating the non-overlapping of sickness benefits in kind and sickness benefits in cash which are of the same nature as those which were the subject of the judgments of the Court of Justice in Cases C-215/99 Jauch and C-160/96 Molenaar, provided that those benefits cover the same risk.

| (25) | 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. |
| --- | --- |

(25)

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.

| (26) | For invalidity benefits, a system of coordination should be drawn up which respects the specific characteristics of national legislation, in particular as regards recognition of invalidity and aggravation thereof. |
| --- | --- |

(26)

For invalidity benefits, a system of coordination should be drawn up which respects the specific characteristics of national legislation, in particular as regards recognition of invalidity and aggravation thereof.

| (27) | It is necessary to devise a system for the award of old-age benefits and survivors' benefits where the person concerned has been subject to the legislation of one or more Member States. |
| --- | --- |

(27)

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

| (28) | 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. |
| --- | --- |

(28)

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.

| (29) | 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. |
| --- | --- |

(29)

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.

| (30) | As has constantly been reaffirmed by the Court of Justice, the Council is not deemed competent to enact rules imposing a restriction on the overlapping of two or more pensions acquired in different Member States by a reduction of the amount of a pension acquired solely under national legislation. |
| --- | --- |

(30)

As has constantly been reaffirmed by the Court of Justice, the Council is not deemed competent to enact rules imposing a restriction on the overlapping of two or more pensions acquired in different Member States by a reduction of the amount of a pension acquired solely under national legislation.

| (31) | According to the Court of Justice, it is for the national legislature to enact such rules, bearing in mind that it is for the Community legislature to fix the limits within which the national provisions concerning reduction, suspension or withdrawal are to be applied. |
| --- | --- |

(31)

According to the Court of Justice, it is for the national legislature to enact such rules, bearing in mind that it is for the Community legislature to fix the limits within which the national provisions concerning reduction, suspension or withdrawal are to be applied.

| (32) | In order to foster mobility of workers, it is particularly appropriate to facilitate the search for employment in the various Member States; it is therefore necessary to ensure closer and more effective coordination between the unemployment insurance schemes and the employment services of all the Member States. |
| --- | --- |

(32)

In order to foster mobility of workers, it is particularly appropriate to facilitate the search for employment in the various Member States; it is therefore necessary to ensure closer and more effective coordination between the unemployment insurance schemes and the employment services of all the Member States.

| (33) | It is necessary to include statutory pre-retirement schemes within the scope of this Regulation, thus guaranteeing both equal treatment and the possibility of exporting pre-retirement benefits as well as the award of family and health-care benefits to the person concerned, in accordance with the provisions of this Regulation; however, the rule on the aggregation of periods should not be included, as only a very limited number of Member States have statutory pre-retirement schemes. |
| --- | --- |

(33)

It is necessary to include statutory pre-retirement schemes within the scope of this Regulation, thus guaranteeing both equal treatment and the possibility of exporting pre-retirement benefits as well as the award of family and health-care benefits to the person concerned, in accordance with the provisions of this Regulation; however, the rule on the aggregation of periods should not be included, as only a very limited number of Member States have statutory pre-retirement schemes.

| (34) | Since family benefits have a very broad scope, affording protection in situations which could be described as classic as well as in others which are specific in nature, with the latter type of benefit having been the subject of the judgments of the Court of Justice in Joined Cases C-245/94 and C-312/94 Hoever and Zachow and in Case C-275/96 Kuusijärvi, it is necessary to regulate all such benefits. |
| --- | --- |

(34)

Since family benefits have a very broad scope, affording protection in situations which could be described as classic as well as in others which are specific in nature, with the latter type of benefit having been the subject of the judgments of the Court of Justice in Joined Cases C-245/94 and C-312/94 Hoever and Zachow and in Case C-275/96 Kuusijärvi, it is necessary to regulate all such benefits.

| (35) | 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 under the legislation of the competent Member State and under the legislation of the Member State of residence of the members of the family. |
| --- | --- |

(35)

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 under the legislation of the competent Member State and under the legislation of the Member State of residence of the members of the family.

| (36) | Advances of maintenance allowances are recoverable advances intended to compensate for a parent's failure to fulfil his legal obligation of maintenance to his own child, which is an obligation derived from family law. Therefore, these advances should not be considered as a direct benefit from collective support in favour of families. Given these particularities, the coordinating rules should not be applied to such maintenance allowances. |
| --- | --- |

(36)

Advances of maintenance allowances are recoverable advances intended to compensate for a parent's failure to fulfil his legal obligation of maintenance to his own child, which is an obligation derived from family law. Therefore, these advances should not be considered as a direct benefit from collective support in favour of families. Given these particularities, the coordinating rules should not be applied to such maintenance allowances.

| (37) | As the Court of Justice has repeatedly stated, provisions which derogate from the principle of the exportability of social security benefits must be interpreted strictly. This means that they can apply only to benefits which satisfy the specified conditions. It follows that Chapter 9 of Title III of this Regulation can apply only to benefits which are both special and non-contributory and listed in Annex X to this Regulation. |
| --- | --- |

(37)

As the Court of Justice has repeatedly stated, provisions which derogate from the principle of the exportability of social security benefits must be interpreted strictly. This means that they can apply only to benefits which satisfy the specified conditions. It follows that Chapter 9 of Title III of this Regulation can apply only to benefits which are both special and non-contributory and listed in Annex X to this Regulation.

| (38) | It is necessary to establish an Administrative Commission consisting of a government representative from each Member State, 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. |
| --- | --- |

(38)

It is necessary to establish an Administrative Commission consisting of a government representative from each Member State, 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.

| (39) | The development and use of data-processing services for the exchange of information has been found to require the creation of a Technical Commission, under the aegis of the Administrative Commission, with specific responsibilities in the field of data-processing. |
| --- | --- |

(39)

The development and use of data-processing services for the exchange of information has been found to require the creation of a Technical Commission, under the aegis of the Administrative Commission, with specific responsibilities in the field of data-processing.

| (40) | The use of data-processing services for exchanging data between institutions requires provisions guaranteeing that the documents exchanged or issued by electronic means are accepted as equivalent to paper documents. Such exchanges are to be carried out in accordance with the Community provisions on the protection of natural persons with regard to the processing and free movement of personal data. |
| --- | --- |

(40)

The use of data-processing services for exchanging data between institutions requires provisions guaranteeing that the documents exchanged or issued by electronic means are accepted as equivalent to paper documents. Such exchanges are to be carried out in accordance with the Community provisions on the protection of natural persons with regard to the processing and free movement of personal data.

| (41) | It is necessary to lay down special provisions which correspond to the special characteristics of national legislation in order to facilitate the application of the rules of coordination. |
| --- | --- |

(41)

It is necessary to lay down special provisions which correspond to the special characteristics of national legislation in order to facilitate the application of the rules of coordination.

| (42) | In line with the principle of proportionality, in accordance with the premise for the extension of this Regulation to all European Union citizens and in order to find a solution that takes account of any constraints which may be connected with the special characteristics of systems based on residence, a special derogation by means of an Annex XI — ‘DENMARK’ entry, limited to social pension entitlement exclusively in respect of the new category of non-active persons, to whom this Regulation has been extended, was deemed appropriate due to the specific features of the Danish system and in the light of the fact that those pensions are exportable after a ten-year period of residence under the Danish legislation in force (Pension Act). |
| --- | --- |

(42)

In line with the principle of proportionality, in accordance with the premise for the extension of this Regulation to all European Union citizens and in order to find a solution that takes account of any constraints which may be connected with the special characteristics of systems based on residence, a special derogation by means of an Annex XI — ‘DENMARK’ entry, limited to social pension entitlement exclusively in respect of the new category of non-active persons, to whom this Regulation has been extended, was deemed appropriate due to the specific features of the Danish system and in the light of the fact that those pensions are exportable after a ten-year period of residence under the Danish legislation in force (Pension Act).

| (43) | In line with the principle of equality of treatment, a special derogation by means of an Annex XI — ‘FINLAND’ entry, limited to residence-based national pensions, is deemed appropriate due to the specific characteristics of Finnish social security legislation, the objective of which is to ensure that the amount of the national pension cannot be less than the amount of the national pension calculated as if all insurance periods completed in any Member State were completed in Finland. |
| --- | --- |

(43)

In line with the principle of equality of treatment, a special derogation by means of an Annex XI — ‘FINLAND’ entry, limited to residence-based national pensions, is deemed appropriate due to the specific characteristics of Finnish social security legislation, the objective of which is to ensure that the amount of the national pension cannot be less than the amount of the national pension calculated as if all insurance periods completed in any Member State were completed in Finland.

| (44) | It is necessary to introduce a new Regulation to repeal Regulation (EEC) No 1408/71. However, it is necessary that Regulation (EEC) No 1408/71 remain in force and continue to have legal effect for the purposes of certain Community acts and agreements to which the Community is a party, in order to secure legal certainty. |
| --- | --- |

(44)

It is necessary to introduce a new Regulation to repeal Regulation (EEC) No 1408/71. However, it is necessary that Regulation (EEC) No 1408/71 remain in force and continue to have legal effect for the purposes of certain Community acts and agreements to which the Community is a party, in order to secure legal certainty.

| (45) | Since the objective of the proposed action, namely the coordination measures to guarantee that the right to free movement of persons can be exercised effectively, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of that action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that article, this Regulation does not go beyond what is necessary, in order to achieve that objective, |
| --- | --- |

(45)

Since the objective of the proposed action, namely the coordination measures to guarantee that the right to free movement of persons can be exercised effectively, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of that action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that article, this Regulation does not go beyond what is necessary, in order to achieve that objective,

HAVE ADOPTED THIS REGULATION:

TITLE I

GENERAL PROVISIONS

Article 1

Definitions

For the purposes 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 which such activity or equivalent situation exists; |
| --- | --- |

(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 which such activity or equivalent situation exists;

| (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 which such activity or equivalent situation exists; |
| --- | --- |

(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 which such activity or equivalent situation exists;

| (c) | ‘insured person’, in relation to the social security branches covered by Title III, Chapters 1 and 3, means any person satisfying the conditions required under the legislation of the Member State competent under Title II to have the right to benefits, taking into account the provisions of this Regulation; |
| --- | --- |

(c)

‘insured person’, in relation to the social security branches covered by Title III, Chapters 1 and 3, means any person satisfying the conditions required under the legislation of the Member State competent under Title II to have the right to benefits, taking into account the provisions of this Regulation;

| (d) | ‘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; |
| --- | --- |

(d)

‘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;

| (e) | ‘special scheme for civil servants’ means any social security scheme which is different from the general social security scheme applicable to employed persons in the Member State concerned and to which all, or certain categories of, civil servants are directly subject; |
| --- | --- |

(e)

‘special scheme for civil servants’ means any social security scheme which is different from the general social security scheme applicable to employed persons in the Member State concerned and to which all, or certain categories of, civil servants are directly subject;

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

(f)

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

| (g) | ‘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; |
| --- | --- |

(g)

‘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;

| (h) | ‘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; |
| --- | --- |

(h)

‘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;

| (i) | ‘member of the family’ means






  1) | (i) | any person defined or recognised as a member of the family or designated as a member of the household by the legislation under which benefits are provided; |
| --- | --- | --- | --- |

(i)

‘member of the family’ means

1)

(i)

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

| (ii) | with regard to benefits in kind pursuant to Title III, Chapter 1 on sickness, maternity and equivalent paternity benefits, 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 in which he resides; |
| --- | --- |

(ii)

with regard to benefits in kind pursuant to Title III, Chapter 1 on sickness, maternity and equivalent paternity benefits, 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 in which he resides;

| (2) | If the legislation of a Member State which is applicable under subparagraph (1) does not make a distinction between the members of the family and other persons to whom it is applicable, the spouse, minor children, and dependent children who have reached the age of majority shall be considered members of the family; |
| --- | --- |

(2)

If the legislation of a Member State which is applicable under subparagraph (1) does not make a distinction between the members of the family and other persons to whom it is applicable, the spouse, minor children, and dependent children who have reached the age of majority shall be considered members of the family;

| (3) | If, under the legislation which is applicable under subparagraphs (1) and (2), a person is considered a member of the family or member of the household only if he lives in the same household 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; |
| --- | --- |

(3)

If, under the legislation which is applicable under subparagraphs (1) and (2), a person is considered a member of the family or member of the household only if he lives in the same household 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;

| (j) | ‘residence’ means the place where a person habitually resides; |
| --- | --- |

(j)

‘residence’ means the place where a person habitually resides;

| (k) | ‘stay’ means temporary residence; |
| --- | --- |

(k)

‘stay’ means temporary residence;

| (l) | ‘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 3(1);
  This term excludes contractual provisions other than those which serve to implement an insurance obligation arising from the laws and regulations referred to in the preceding 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; |
| --- | --- |

(l)

‘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 3(1);

This term excludes contractual provisions other than those which serve to implement an insurance obligation arising from the laws and regulations referred to in the preceding 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;

| (m) | ‘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 Member State in question; |
| --- | --- |

(m)

‘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 Member State in question;

| (n) | ‘Administrative Commission’ means the commission referred to in Article 71; |
| --- | --- |

(n)

‘Administrative Commission’ means the commission referred to in Article 71;

| (o) | ‘Implementing Regulation’ means the Regulation referred to in Article 89; |
| --- | --- |

(o)

‘Implementing Regulation’ means the Regulation referred to in Article 89;

| (p) | ‘institution’ means, in respect of each Member State, the body or authority responsible for applying all or part of the legislation; |
| --- | --- |

(p)

‘institution’ means, in respect of each Member State, the body or authority responsible for applying all or part of the legislation;

| (q) | ‘competent institution’ means:






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

(q)

‘competent institution’ means:

(i)

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

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

(ii)

the institution from which the person concerned is or would be entitled to benefits if he or a member or members of his family resided in 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 3(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 3(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;

| (r) | ‘institution of the place of residence’ and ‘institution of the place of stay’ mean respectively the institution which is competent to provide benefits in the place where the person concerned resides and the institution which is competent to provide benefits in the place where the person concerned 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; |
| --- | --- |

(r)

‘institution of the place of residence’ and ‘institution of the place of stay’ mean respectively the institution which is competent to provide benefits in the place where the person concerned resides and the institution which is competent to provide benefits in the place where the person concerned 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;

| (s) | ‘competent Member State’ means the Member State in which the competent institution is situated; |
| --- | --- |

(s)

‘competent Member State’ means the Member State in which the competent institution is situated;

| (t) | ‘period of insurance’ means periods of contribution, employment or self-employment 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; |
| --- | --- |

(t)

‘period of insurance’ means periods of contribution, employment or self-employment 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;

| (u) | ‘period of employment’ or ‘period of self-employment’ mean 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 self-employment; |
| --- | --- |

(u)

‘period of employment’ or ‘period of self-employment’ mean 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 self-employment;

| (v) | ‘period of residence’ means periods so defined or recognised by the legislation under which they were completed or considered as completed; |
| --- | --- |

(v)

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

| (w) | ‘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; |
| --- | --- |

(w)

‘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;

| (x) | ‘pre-retirement benefit’ means: all cash benefits, other than an unemployment benefit or an early oldage 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 concerned being available to the employment services of the competent State; ‘early old-age benefit’ means a benefit provided before the normal pension entitlement age is reached and which either continues to be provided once the said age is reached or is replaced by another old-age benefit; |
| --- | --- |

(x)

‘pre-retirement benefit’ means: all cash benefits, other than an unemployment benefit or an early oldage 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 concerned being available to the employment services of the competent State; ‘early old-age benefit’ means a benefit provided before the normal pension entitlement age is reached and which either continues to be provided once the said age is reached or is replaced by another old-age benefit;

| (y) | ‘death grant’ means any one-off payment in the event of death excluding the lump-sum benefits referred to in subparagraph (w); |
| --- | --- |

(y)

‘death grant’ means any one-off payment in the event of death excluding the lump-sum benefits referred to in subparagraph (w);

| (z) | ‘family benefit’ means all benefits in kind or in cash intended to meet family expenses, excluding advances of maintenance payments and special childbirth and adoption allowances mentioned in Annex I. |
| --- | --- |

(z)

‘family benefit’ means all benefits in kind or in cash intended to meet family expenses, excluding advances of maintenance payments and special childbirth and adoption allowances mentioned in Annex I.

Article 2

Persons covered

1.   This Regulation shall apply to nationals of a Member State, stateless persons and refugees residing in a Member State who are or have been subject to the 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 in one of the Member States.

Article 3

Matters covered

1.   This Regulation shall apply to all legislation concerning the following branches of social security:

| (a) | sickness benefits; |
| --- | --- |

(a)

sickness benefits;

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

(b)

maternity and equivalent paternity benefits;

| (c) | invalidity benefits; |
| --- | --- |

(c)

invalidity benefits;

| (d) | old-age benefits; |
| --- | --- |

(d)

old-age benefits;

| (e) | survivors' benefits; |
| --- | --- |

(e)

survivors' benefits;

| (f) | benefits in respect of accidents at work and occupational diseases; |
| --- | --- |

(f)

benefits in respect of accidents at work and occupational diseases;

| (g) | death grants; |
| --- | --- |

(g)

death grants;

| (h) | unemployment benefits; |
| --- | --- |

(h)

unemployment benefits;

| (i) | pre-retirement benefits; |
| --- | --- |

(i)

pre-retirement benefits;

| (j) | family benefits. |
| --- | --- |

(j)

family benefits.

2.   Unless otherwise provided for in Annex XI, 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.   This Regulation shall also apply to the special non-contributory cash benefits covered by Article 70.

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

5.   This Regulation shall not apply to social and medical assistance or to benefit schemes for victims of war or its consequences.

Article 4

Equality of treatment

Unless otherwise provided for by this Regulation, persons to whom this Regulation applies shall enjoy the same benefits and be subject to the same obligations under the legislation of any Member State as the nationals thereof.

Article 5

Equal treatment of benefits, income, facts or events

Unless otherwise provided for by this Regulation and in the light of the special implementing provisions laid down, the following shall apply:

| (a) | where, under the legislation of the competent Member 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 Member 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 6

Aggregation of periods

Unless otherwise provided for by this Regulation, the competent institution of a Member State whose legislation makes:

| — | the acquisition, retention, duration or recovery of the right to benefits, |
| --- | --- |

—

the acquisition, retention, duration or recovery of the right to benefits,

| — | the coverage by legislation, or |
| --- | --- |

—

the coverage by legislation, or

| — | the access to or the exemption from compulsory, optional continued or voluntary insurance, |
| --- | --- |

—

the access to or the exemption from compulsory, optional continued or voluntary insurance,

conditional upon the completion of periods of insurance, employment, self-employment or residence shall, to the extent necessary, take into account 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 applies.

Article 7

Waiving of residence rules

Unless otherwise provided for by this Regulation, cash benefits payable under the legislation of one or more Member States or under this Regulation shall not be subject to any reduction, amendment, suspension, withdrawal or confiscation on account of the fact that the beneficiary or the members of his family reside in a Member State other than that in which the institution responsible for providing benefits is situated.

Article 8

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 before the date of application of this 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 II. If, on objective grounds, it is not possible to extend some of these provisions to all persons to whom the Regulation applies this shall be specified.

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

Article 9

Declarations by the Member States on the scope of this Regulation

1.   The Member States shall notify the Commission of the European Communities in writing of the declarations referred to in Article 1(l), the legislation and schemes referred to in Article 3, the conventions entered into as referred to in Article 8(2) and the minimum benefits referred to in Article 58, 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 1(l), the date from which this Regulation will apply to the schemes specified in the declarations by the Member States.

2.   These notifications shall be submitted to the Commission of the European Communities every year and published in the Official Journal of the European Union.

Article 10

Prevention of overlapping of benefits

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

TITLE II

DETERMINATION OF THE LEGISLATION APPLICABLE

Article 11

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 this Title.

2.   For the purposes of this Title, persons receiving cash benefits because or as a consequence of their activity as an employed or self-employed person shall be considered to be pursuing the said activity. This shall not apply to invalidity, old-age or survivors' pensions or to pensions in respect of accidents at work or occupational diseases or to sickness benefits in cash covering treatment for an unlimited period.

3.   Subject to Articles 12 to 16:

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

(a)

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

| (b) | a civil servant shall be subject to the legislation of the Member State to which the administration employing him is subject; |
| --- | --- |

(b)

a civil servant shall be subject to the legislation of the Member State to which the administration employing him is subject;

| (c) | a person receiving unemployment benefits in accordance with Article 65 under the legislation of the Member State of residence shall be subject to the legislation of that Member State; |
| --- | --- |

(c)

a person receiving unemployment benefits in accordance with Article 65 under the legislation of the Member State of residence shall be subject to the legislation of that Member State;

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

(d)

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

| (e) | any other person to whom subparagraphs (a) to (d) do not apply shall be subject to the legislation of the Member State of residence, without prejudice to other provisions of this Regulation guaranteeing him benefits under the legislation of one or more other Member States. |
| --- | --- |

(e)

any other person to whom subparagraphs (a) to (d) do not apply shall be subject to the legislation of the Member State of residence, without prejudice to other provisions of this Regulation guaranteeing him benefits under the legislation of one or more other Member States.

4.   For the purposes of this Title, an activity as an employed or self-employed person normally pursued on board a vessel at sea flying the flag of a Member State shall be deemed to be an activity pursued in the said Member State. However, a person employed on board a vessel flying the flag of a Member State and remunerated for such activity by an undertaking or a person whose registered office or place of business is in another Member State shall be subject to the legislation of the latter Member State if he resides in that State. The undertaking or person paying the remuneration shall be considered as the employer for the purposes of the said legislation.

Article 12

Special rules

1.   A person who pursues an activity as an employed person in a Member State on behalf of an employer which normally carries out its activities there and who is posted by that employer to 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 such work does not exceed twenty-four months and that he is not sent to replace another person.

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

Article 13

Pursuit of activities in two or more Member States

1.   A person who normally pursues an activity as an employed person in two or more Member States shall be subject to:

| (a) | the legislation of the Member State of residence if he pursues a substantial part of his activity in that Member State or if he is employed by various undertakings or various employers whose registered office or place of business is in different Member States, or |
| --- | --- |

(a)

the legislation of the Member State of residence if he pursues a substantial part of his activity in that Member State or if he is employed by various undertakings or various employers whose registered office or place of business is in different Member States, or

| (b) | the legislation of the Member State in which the registered office or place of business of the undertaking or employer employing him is situated, if he does not pursue a substantial part of his activities in the Member State of residence. |
| --- | --- |

(b)

the legislation of the Member State in which the registered office or place of business of the undertaking or employer employing him is situated, if he does not pursue a substantial part of his activities in the Member State of residence.

2.   A person who normally pursues an activity as a self-employed person in two or more Member States shall be subject to:

| (a) | the legislation of the Member State of residence if he pursues a substantial part of his activity in that Member State; or |
| --- | --- |

(a)

the legislation of the Member State of residence if he pursues a substantial part of his activity in that Member State; or

| (b) | the legislation of the Member State in which the centre of interest of his activities is situated, if he does not reside in one of the Member States in which he pursues a substantial part of his activity. |
| --- | --- |

(b)

the legislation of the Member State in which the centre of interest of his activities is situated, if he does not reside in one of the Member States in which he pursues a substantial part of his activity.

3.   A person who normally pursues an activity as an employed person and an activity as a self-employed person in different Member States shall be subject to the legislation of the Member State in which he pursues an activity as an employed person or, if he pursues such an activity in 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 one or more other Member States shall be subject to the legislation of the Member State to which the administration employing him is subject.

5.   Persons referred to in paragraphs 1 to 4 shall be treated, for the purposes of the legislation determined in accordance with these provisions, as though they were pursuing all their activities as employed or self-employed persons and were receiving all their income in the Member State concerned.

Article 14

Voluntary insurance or optional continued insurance

1.   Articles 11 to 13 shall not apply to voluntary insurance or to optional continued insurance unless, in respect of one of the branches referred to in Article 3(1), only a voluntary scheme of insurance exists in a Member State.

2.   Where, by virtue of the legislation of a Member State, the person concerned is subject to compulsory insurance in that Member State, he may not be subject to a voluntary insurance scheme or an optional continued insurance scheme in another Member State. In all other cases in which, for a given branch, 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 survivors' benefits, the person concerned 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 Member State because or as a consequence of an activity as an employed or selfemployed person and if such overlapping is explicitly or implicitly allowed under 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 that Member State, the equal treatment of residence in another Member State as provided under Article 5(b) shall apply only to persons who have been subject, at some earlier stage, to the legislation of the first Member State on the basis of an activity as an employed or selfemployed person.

Article 15

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 which 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, provided under 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 employment.

Article 16

Exceptions to Articles 11 to 15

1.   Two or more Member States, the competent authorities of these Member States or the bodies designated by these authorities may by common agreement provide for exceptions to Articles 11 to 15 in the interest of certain persons or categories of persons.

2.   A person who receives a pension or pensions under the legislation of one or more Member States and who resides in 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 CONCERNING THE VARIOUS CATEGORIES OF BENEFITS

CHAPTER 1

SICKNESS, MATERNITY AND EQUIVALENT PATERNITY BENEFITS

SECTION 1

INSURED PERSONS AND MEMBERS OF THEIR FAMILIES, EXCEPT PENSIONERS AND MEMBERS OF THEIR FAMILIES

Article 17

Residence in a Member State other than the competent Member State

An insured person or members of his family who reside in a Member State other than the competent Member State shall receive in the Member State of residence benefits in kind provided, on behalf of the competent institution, by the institution of the place of residence, in accordance with the provisions of the legislation it applies, as though they were insured under the said legislation.

Article 18

Stay in the competent Member State when residence is in another Member State — Special rules for the members of the families of frontier workers

1.   Unless otherwise provided for by paragraph 2, the insured person and the members of his family referred to in Article 17 shall also be entitled to benefits in kind while staying in the competent Member State. The benefits in kind shall be provided by the competent institution and at its own expense, in accordance with the provisions of the legislation it applies, as though the persons concerned resided in that Member State.

2.   The members of the family of a frontier worker shall be entitled to benefits in kind during their stay in the competent Member State, unless this Member State is listed in Annex III. In this event, the members of the family of a frontier worker shall be entitled to benefits in kind in the competent Member State under the conditions laid down in Article 19(1).

Article 19

Stay outside the competent Member State

1.   Unless otherwise provided for by paragraph 2, an insured person and the members of his family staying in a Member State other than the competent Member State shall be entitled to the benefits in kind which become necessary on medical grounds during their stay, taking into account the nature of the benefits and the expected length of the stay. These benefits 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 it applies, as though the persons concerned were insured under 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 concerned and the institution providing the care.

Article 20

Travel with the purpose of receiving benefits in kind — Authorisation to receive appropriate treatment outside the Member State of residence

1.   Unless otherwise provided for by 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.

2.   An insured person who is authorised by the competent institution to go to another Member State with the purpose of receiving 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 it applies, as though he were insured under the said legislation. The authorisation shall be accorded where the treatment in question is among the benefits provided for by the legislation in the Member State where the person concerned resides and where he cannot be given such treatment within a time-limit which is medically justifiable, taking into account his current state of health and the probable course of his illness.

3.   Paragraphs 1 and 2 shall apply mutatis mutandis to the members of the family of an insured person.

4.   If the members of the family of an insured person reside in 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 paragraph 1, the institution of the place of residence of the members of the family shall be considered to be the competent institution.

Article 21

Cash benefits

1.   An insured person and members of his family residing or staying in a Member State other than the competent Member State shall be entitled to cash benefits provided by the competent institution in accordance with the legislation it applies. 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 Member State.

2.   The competent institution of a Member State whose legislation stipulates that the calculation of cash benefits shall be based 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 into account exclusively the standard income or, where appropriate, the average of standard incomes for the periods completed under the said legislation.

4.   Paragraphs 2 and 3 shall apply mutatis mutandis to cases where the legislation applied by the competent institution lays down a specific reference period which 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 22

Pension claimants

1.   An insured person who, on making a claim for a pension, or during the investigation thereof, ceases to be entitled to benefits in kind under the legislation of the Member State last competent, shall remain entitled to benefits in kind under the legislation of the Member State in which he resides, provided that the pension claimant satisfies the insurance conditions of the legislation of the Member State referred to in paragraph 2. The right to benefits in kind in the Member State of residence shall also apply to the members of the family of the pension claimant.

2.   The benefits in kind shall be chargeable to the institution of the Member State which, in the event of a pension being awarded, would become competent under Articles 23 to 25.

SECTION 2

PENSIONERS AND MEMBERS OF THEIR FAMILIES

Article 23

Right to benefits in kind under the legislation of the Member State of residence

A person who receives a pension or pensions under the legislation of two or more Member States, of which one is the Member State of residence, and who is entitled to benefits in kind under the legislation of that Member State, shall, with the members of his family, receive such benefits in kind from and at the expense of the institution of the place of residence, as though he were a pensioner whose pension was payable solely under the legislation of that Member State.

Article 24

No right to benefits in kind under the legislation of the Member State of residence

1.   A person who receives a pension or pensions under the legislation of one or more Member States and who is not entitled to benefits in kind under the legislation of the Member State of residence shall nevertheless receive such benefits for himself and the members of his family, insofar as he would be entitled thereto under the legislation of the Member State or of at least one of the Member States competent in respect of his pensions, if he resided in that Member State. The benefits in kind shall be provided at the expense of the institution referred to in paragraph 2 by the institution of the place of residence, as though the person concerned were entitled to a pension and benefits in kind under the legislation of that Member State.

2.   In the cases covered by paragraph 1, the cost of benefits in kind shall be borne by the institution as determined in accordance with the following rules:

| (a) | where the pensioner is entitled to benefits in kind under the legislation of a single Member State, the cost shall be borne by the competent institution of that Member State; |
| --- | --- |

(a)

where the pensioner is entitled to benefits in kind under the legislation of a single Member State, the cost shall be borne by the competent institution of that Member State;

| (b) | where the pensioner is entitled to benefits in kind under the legislation of two or more Member States, the cost thereof shall be borne by the competent institution of the Member State to whose legislation the person has been subject for the longest period of time; should the application of this rule result in several institutions being responsible for the cost of benefits, the cost shall be borne by the institution applying the legislation to which the pensioner was last subject. |
| --- | --- |

(b)

where the pensioner is entitled to benefits in kind under the legislation of two or more Member States, the cost thereof shall be borne by the competent institution of the Member State to whose legislation the person has been subject for the longest period of time; should the application of this rule result in several institutions being responsible for the cost of benefits, the cost shall be borne by the institution applying the legislation to which the pensioner was last subject.

Article 25

Pensions under the legislation of one or more Member States other than the Member State of residence, where there is a right to benefits in kind in the latter Member State

Where the person receiving a pension or pensions under the legislation of one or more Member States resides in a Member State under whose legislation the right to receive benefits in kind is not subject to conditions of insurance, or of activity as an employed or self-employed person, and no pension is received from that Member State, the cost of benefits in kind provided to him and to members of his family shall be borne by the institution of one of the Member States competent in respect of his pensions determined in accordance with Article 24(2), to the extent that the pensioner and the members of his family would be entitled to such benefits if they resided in that Member State.

Article 26

Residence of members of the family in a Member State other than the one in which the pensioner resides

Members of the family of a person receiving a pension or pensions under the legislation of one or more Member States who reside in a Member State other than the one in which the pensioner resides shall be entitled to receive benefits in kind from the institution of the place of their residence in accordance with the provisions of the legislation it applies, insofar as the pensioner is entitled to benefits in kind under the legislation of a Member State. The costs shall be borne by the competent institution responsible for the costs of the benefits in kind provided to the pensioner in his Member State of residence.

Article 27

Stay of the pensioner or the members of his family in a Member State other than the Member State in which they reside — Stay in the competent Member State — Authorisation for appropriate treatment outside the Member State of residence

1.   Article 19 shall apply mutatis mutandis to a person receiving a pension or pensions under the legislation of one or more Member States and entitled to benefits in kind under the legislation of one of the Member States which provide his pension(s) or to the members of his family who are staying in a Member State other than the one in which they reside.

2.   Article 18(1) shall apply mutatis mutandis to the persons described in paragraph 1 when they stay in the Member State in which is situated the competent institution responsible for the cost of the benefits in kind provided to the pensioner in his Member State of residence and the said Member State has opted for this and is listed in Annex IV.

3.   Article 20 shall apply mutatis mutandis to a pensioner and/or the members of his family who are staying in a Member State other than the one in which they reside with the purpose of receiving there the treatment appropriate to their condition.

4.   Unless otherwise provided for by paragraph 5, the cost of the benefits in kind referred to in paragraphs 1 to 3 shall be borne by the competent institution responsible for the cost of benefits in kind provided to the pensioner in his Member State of residence.

5.   The cost of the benefits in kind referred to in paragraph 3 shall be borne by the institution of the place of residence of the pensioner or of the members of his family, if these persons reside in a Member State which has opted for reimbursement on the basis of fixed amounts. In these cases, for the purposes of paragraph 3, the institution of the place of residence of the pensioner or of the members of his family shall be considered to be the competent institution.

Article 28

Special rules for retired frontier workers

1.   A frontier worker who retires is entitled in case of sickness to continue to receive benefits in kind in the Member State where he last pursued his activity as an employed or self-employed person, insofar as this is a continuation of treatment which began in that Member State. The term ‘continuation of treatment’ means the continued investigation, diagnosis and treatment of an illness.

2.   A pensioner who, in the five years preceding the effective date of an old-age or invalidity pension has been pursuing an activity as an employed or self-employed person for at least two years as a frontier worker shall be entitled to benefits in kind in the Member State in which he pursued such an activity as a frontier worker, if this Member State and the Member State in which the competent institution responsible for the costs of the benefits in kind provided to the pensioner in his Member State of residence is situated have opted for this and are both listed in Annex V.

3.   Paragraph 2 shall apply mutatis mutandis to the members of the family of a former frontier worker or his survivors if, during the periods referred to in paragraph 2, they were entitled to benefits in kind under Article 18(2), even if the frontier worker died before his pension commenced, provided he had been pursuing an activity as an employed or self-employed person as a frontier worker for at least two years in the five years preceding his death.

4.   Paragraphs 2 and 3 shall be applicable until the person concerned becomes subject to the legislation of a Member State on the basis of an activity as an employed or self-employed person.

5.   The cost of the benefits in kind referred to in paragraphs 1 to 3 shall be borne by the competent institution responsible for the cost of benefits in kind provided to the pensioner or to his survivors in their respective Member States of residence.

Article 29

Cash benefits for pensioners

1.   Cash benefits shall be paid to a person receiving a pension or pensions under the legislation of one or more Member States by the competent institution of the Member State in which is situated the competent institution responsible for the cost of benefits in kind provided to the pensioner in his Member State of residence. Article 21 shall apply mutatis mutandis.

2.   Paragraph 1 shall also apply to the members of a pensioner's family.

Article 30

Contributions by pensioners

1.   The institution of a Member State which is responsible under the legislation it applies for making deductions in respect of contributions for sickness, maternity and equivalent paternity benefits, may request and recover such deductions, calculated in accordance with the legislation it applies, only to the extent that the cost of the benefits under Articles 23 to 26 is to be borne by an institution of the said Member State.

2.   Where, in the cases referred to in Article 25, the acquisition of sickness, maternity and equivalent paternity benefits is subject to the payment of contributions or similar payments under the legislation of a Member State in which the pensioner concerned resides, these contributions shall not be payable by virtue of such residence.

SECTION 3

COMMON PROVISIONS

Article 31

General provision

Articles 23 to 30 shall not apply to a pensioner or the members of his family who are entitled to benefits under the legislation of a Member State on the basis of an activity as an employed or self-employed person. In such a case, the person concerned shall be subject, for the purposes of this Chapter, to Articles 17 to 21.

Article 32

Prioritising of the right to benefits in kind — Special rule for the right of members of the family to benefits in the Member State of residence

1.   An independent right to benefits in kind based on the legislation of a Member State or on this Chapter shall take priority over a derivative right to benefits for members of a family. A derivative right to benefits in kind shall, however, take priority over independent rights, where the independent right in the Member State of residence exists directly and solely on the basis of the residence of the person concerned in that Member State.

2.   Where the members of the family of an insured person reside in a Member State under whose legislation the right to benefits in kind is not subject to conditions of insurance or activity as an employed or self-employed person, benefits in kind shall be provided at the expense of the competent institution in the Member State in which they reside, if the spouse or the person caring for the children of the insured person pursues an activity as an employed or self-employed person in the said Member State or receives a pension from that Member State on the basis of an activity as an employed or self-employed person.

Article 33

Substantial benefits in kind

1.   An insured 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 became insured under the legislation applied by the institution of another Member State, shall receive such benefits at the expense of the first institution, even if they are awarded after the said person has already become insured under the legislation applied by the second institution.

2.   The Administrative Commission shall draw up the list of benefits covered by paragraph 1.

Article 34

Overlapping of long-term care benefits

1.   If a recipient of long-term care benefits in cash, which have to be treated as sickness benefits and are therefore provided by the Member State competent for cash benefits under Articles 21 or 29, is, at the same time and under this Chapter, entitled to claim benefits in kind intended for the same purpose from the institution of the place of residence or stay in another Member State, and an institution in the first Member State is also required to reimburse the cost of these benefits in kind under Article 35, the general provision on prevention of overlapping of benefits laid down in Article 10 shall be applicable, with the following restriction only: if the person concerned claims and receives the benefit in kind, the amount of the benefit in cash shall be reduced by the amount of the benefit in kind which is or could be claimed from the institution of the first Member State required to reimburse the cost.

2.   The Administrative Commission shall draw up the list of the cash benefits and benefits in kind covered by paragraph 1.

3.   Two or more Member States, or their competent authorities, may agree on other or supplementary measures which shall not be less advantageous for the persons concerned than the principles laid down in paragraph 1.

Article 35

Reimbursements between institutions

1.   The benefits in kind provided by the institution of a Member State on behalf of the institution of another Member State under this Chapter shall give rise to full reimbursement.

2.   The reimbursements referred to in paragraph 1 shall be determined and effected in accordance with the arrangements set out in the Implementing Regulation, either on production of proof of actual expenditure, or on the basis of fixed amounts for Member States the legal or administrative structures of which are such that the use of reimbursement on the basis of actual expenditure is not appropriate.

3.   Two or more Member States, and their competent authorities, may provide for other methods of reimbursement or waive all reimbursement between the institutions coming under their jurisdiction.

CHAPTER 2

BENEFITS IN RESPECT OF ACCIDENTS AT WORK AND OCCUPATIONAL DISEASES

Article 36

Right to benefits in kind and in cash

1.   Without prejudice to any more favourable provisions in paragraph 2 of this Article, Articles 17, 18(1), 19(1) and 20(1) shall also apply to benefits relating to accidents at work or occupational diseases.

2.   A person who has sustained an accident at work or has contracted an occupational disease and who resides or stays in a Member State other than the competent Member State shall be entitled to 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 residence or stay in accordance with the legislation which it applies, as though he were insured under the said legislation.

3.   Article 21 shall also apply to benefits falling within this Chapter.

Article 37

Costs of transport

1.   The competent institution of a Member State whose legislation provides for meeting the costs of transporting a person who has sustained an accident at work or is suffering from an occupational disease, either to his place of residence or to a hospital, shall meet such costs to the corresponding place in another Member State where the person resides, provided that that institution gives prior authorisation for such transport, duly taking into account the reasons justifying it. Such authorisation shall not be required in the case of a frontier worker.

2.   The competent institution of a Member State whose legislation provides for meeting the costs of transporting the body of a person killed in an accident at work to the place of burial shall, in accordance with the legislation it applies, meet such costs to the corresponding place in another Member State where the person was residing at the time of the accident.

Article 38

Benefits for an occupational disease where the person suffering from such a disease has been exposed to the same risk in several Member States

When a person who has contracted 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 provided exclusively under the legislation of the last of those States whose conditions are satisfied.

Article 39

Aggravation of an occupational disease

In the event of aggravation of an occupational disease for which a person suffering from such a disease has received or is receiving benefits under the legislation of a Member State, the following rules shall apply:

| (a) | if the person concerned, while in receipt of benefits, has not pursued, under the legislation of another Member State, an activity as an employed or self-employed person likely to cause or aggravate the disease in question, the competent institution of the first Member State shall bear the cost of the benefits under the provisions of the legislation which it applies, taking into account the aggravation; |
| --- | --- |

(a)

if the person concerned, while in receipt of benefits, has not pursued, under the legislation of another Member State, an activity as an employed or self-employed person likely to cause or aggravate the disease in question, the competent institution of the first Member State shall bear the cost of the benefits under the provisions of the legislation which it applies, taking into account the aggravation;

| (b) | if the person concerned, 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 bear the cost of the benefits under the legislation it applies without taking the aggravation into account. The competent institution of the second Member State shall grant a supplement to the person concerned, 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 it applies, if the disease in question had occurred under the legislation of that Member State; |
| --- | --- |

(b)

if the person concerned, 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 bear the cost of the benefits under the legislation it applies without taking the aggravation into account. The competent institution of the second Member State shall grant a supplement to the person concerned, 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 it applies, 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 provided 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 provided by institutions of two Member States in accordance with subparagraph (b).

Article 40

Rules for taking into account the special features of certain legislation

1.   If there is no insurance against accidents at work or occupational diseases in the Member State in which the person concerned resides or stays, 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 residence or stay responsible for providing benefits in kind in the event of sickness.

2.   If there is no insurance against accidents at work or occupational diseases in the competent Member State, the provisions of this Chapter concerning benefits in kind shall nevertheless be applied to a person who is entitled to those benefits in the event of sickness, maternity or equivalent paternity under the legislation of that Member State if that person sustains an accident at work or suffers from an occupational disease during a residence or stay in another Member State. Costs shall be borne by the institution which is competent for the benefits in kind under the legislation of the competent Member State.

3.   Article 5 shall apply to the competent institution in a Member State as regards the equivalence of accidents at work and occupational diseases which either have occurred or have been confirmed subsequently under the legislation of another Member State when assessing the degree of incapacity, the right to benefits or the amount thereof, on condition that:

| (a) | no compensation is due in respect of an accident at work or an occupational disease which had occurred or had been confirmed previously under the legislation it applies; and |
| --- | --- |

(a)

no compensation is due in respect of an accident at work or an occupational disease which had occurred or had been confirmed previously under the legislation it applies; and

| (b) | no compensation is due in respect of an accident at work or an occupational disease which had occurred or had been confirmed subsequently, under the legislation of the other Member State under which the accident at work or the occupational disease had occurred or been confirmed. |
| --- | --- |

(b)

no compensation is due in respect of an accident at work or an occupational disease which had occurred or had been confirmed subsequently, under the legislation of the other Member State under which the accident at work or the occupational disease had occurred or been confirmed.

Article 41

Reimbursements between institutions

1.   Article 35 shall also apply to benefits falling within this Chapter, and reimbursement shall be made on the basis of actual costs.

2.   Two or more Member States, or their competent authorities, may provide for other methods of reimbursement or waive all reimbursement between the institutions under their jurisdiction.

CHAPTER 3

DEATH GRANTS

Article 42

Right to grants where death occurs in, or where the person entitled resides in, a Member State other than the competent Member State

1.   When an insured person or a member of his family dies in a Member State other than the competent Member State, the death shall be deemed to have occurred in the competent Member State.

2.   The competent institution shall be obliged to provide death grants payable under the legislation it applies, even if the person entitled resides in a Member State other than the competent Member State.

3.   Paragraphs 1 and 2 shall also apply when the death is the result of an accident at work or an occupational disease.

Article 43

Provision of benefits in the event of the death of a pensioner

1.   In the event of the death of a pensioner who was entitled to a pension under the legislation of one Member State, or to pensions under the legislations of two or more Member States, when that pensioner was residing in a Member State other than that of the institution responsible for the cost of benefits in kind provided under Articles 24 and 25, the death grants payable under the legislation administered by that institution shall be provided at its own expense as though the pensioner had been residing at the time of his death in the Member State in which that institution is situated.

2.   Paragraph 1 shall apply mutatis mutandis to the members of the family of a pensioner.

CHAPTER 4

INVALIDITY BENEFITS

Article 44

Persons subject only to type A legislation

1.   For the purposes of this Chapter, ‘type A legislation’ means any legislation under which the amount of invalidity benefits is independent of the duration of the periods of insurance or residence and which is expressly included by the competent Member State in Annex VI, and ‘type B legislation’ means any other legislation.

2.   A person who has been successively or alternately subject to the legislation of two or more Member States and who has completed periods of insurance or residence exclusively under type A legislations shall be entitled to benefits only from the institution of the Member State whose legislation was applicable at the time when the incapacity for work followed by invalidity occurred, taking into account, where appropriate, Article 45, and shall receive such benefits in accordance with that legislation.

3.   A person who is not entitled to benefits under paragraph 2 shall receive the benefits to which he is still entitled under the legislation of another Member State, taking into account, where appropriate, Article 45.

4.   If the legislation referred to in paragraph 2 or 3 contains rules for the reduction, suspension or withdrawal of invalidity benefits in the case of overlapping with other income or with benefits of a different kind within the meaning of Article 53(2), Articles 53(3) and 55(3) shall apply mutatis mutandis.

Article 45

Special provisions on aggregation of periods

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 periods of insurance or residence shall, where necessary, apply Article 51(1) mutatis mutandis.

Article 46

Persons subject either only to type B legislation or to type A and B legislation

1.   A person who has been successively or alternately subject to the legislation of two or more Member States, of which at least one is not a type A legislation, shall be entitled to benefits under Chapter 5, which shall apply mutatis mutandis taking into account paragraph 3.

2.   However, if the person concerned has been previously subject to a type B legislation and suffers incapacity for work leading to invalidity while subject to a type A legislation, he shall receive benefits in accordance with Article 44, provided that:

| — | he satisfies the conditions of that legislation exclusively or of others of the same type, taking into account, where appropriate, Article 45, but without having recourse to periods of insurance or residence completed under a type B legislation, and |
| --- | --- |

—

he satisfies the conditions of that legislation exclusively or of others of the same type, taking into account, where appropriate, Article 45, but without having recourse to periods of insurance or residence completed under a type B legislation, and

| — | he does not assert any claims to old-age benefits, taking into account Article 50(1). |
| --- | --- |

—

he does not assert any claims to old-age benefits, taking into account Article 50(1).

3.   A decision taken by an institution of a Member State concerning the degree of invalidity of a claimant shall be binding on the institution of any other Member State concerned, provided that the concordance between the legislation of these Member States on conditions relating to the degree of invalidity is acknowledged in Annex VII.

Article 47

Aggravation of invalidity

1.   In the case of aggravation of an invalidity for which a person is receiving benefits under the legislation of one or more Member States, the following provisions shall apply, taking the aggravation into account:

| (a) | the benefits shall be provided in accordance with Chapter 5, applied mutatis mutandis; |
| --- | --- |

(a)

the benefits shall be provided in accordance with Chapter 5, applied mutatis mutandis;

| (b) | however, where the person concerned has been subject to two or more type A legislations and since receiving benefit has not been subject to the legislation of another Member State, the benefit shall be provided in accordance with Article 44(2). |
| --- | --- |

(b)

however, where the person concerned has been subject to two or more type A legislations and since receiving benefit has not been subject to the legislation of another Member State, the benefit shall be provided in accordance with Article 44(2).

2.   If the total amount of the benefit or benefits payable under paragraph 1 is lower than the amount of the benefit which the person concerned was receiving at the expense of the institution previously competent for payment, that institution shall pay him a supplement equal to the difference between the two amounts.

3.   If the person concerned is not entitled to benefits at the expense of an institution of another Member State, the competent institution of the Member State previously competent shall provide the benefits in accordance with the legislation it applies, taking into account the aggravation and, where appropriate, Article 45.

Article 48

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 are provided and in accordance with Chapter 5.

2.   Where a person receiving invalidity benefits can establish a claim to old-age benefits under the legislation of one or more other Member States, in accordance with Article 50, 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 it applies until paragraph 1 becomes applicable in respect of that institution, or otherwise for as long as the person concerned satisfies the conditions for such benefits.

3.   Where invalidity benefits provided under the legislation of a Member State, in accordance with Article 44, are converted into old-age benefits and where the person concerned does not yet satisfy the conditions laid down by the legislation of one or more of the other Member States for receiving those benefits, the person concerned shall receive, from that or those Member States, invalidity benefits from the date of the conversion.

Those invalidity benefits shall be provided in accordance with Chapter 5 as if that Chapter had been applicable at the time when the incapacity for work leading to invalidity occurred, until the person concerned satisfies the qualifying conditions for old-age benefit laid down by the national legislations concerned or, where such conversion is not provided for, for as long as he is entitled to invalidity benefits under the latter legislation or legislations.

4.   The invalidity benefits provided under Article 44 shall be recalculated in accordance with Chapter 5 as soon as the beneficiary satisfies the qualifying conditions for invalidity benefits laid down by a type B legislation, or as soon as he receives old-age benefits under the legislation of another Member State.

Article 49

Special provisions for civil servants

Articles 6, 44, 46, 47 and 48 and Article 60(2) and (3) shall apply mutatis mutandis to persons covered by a special scheme for civil servants.

CHAPTER 5

OLD-AGE AND SURVIVORS' PENSIONS

Article 50

General provisions

1.   All the competent institutions shall determine entitlement to benefit, under all the legislations of the Member States to which the person concerned has been subject, when a request for award has been submitted, unless the person concerned expressly requests deferment of the award of old-age benefits under the legislation of one or more Member States.

2.   If at a given moment the person concerned does not satisfy, or no longer satisfies, the conditions laid down by all the legislations of the Member States to which he has been subject, the institutions applying legislation the conditions of which have been satisfied shall not take into account, when performing the calculation in accordance with Article 52(1)(a) or (b), the periods completed under the legislations the conditions of which have not been satisfied, or are no longer satisfied, where this gives rise to a lower amount of benefit.

3.   Paragraph 2 shall apply mutatis mutandis when the person concerned has expressly requested deferment of the award of old-age benefits.

4.   A new calculation shall be performed automatically as and when the conditions to be fulfilled under the other legislations are satisfied or when a person requests the award of an old-age benefit deferred in accordance with paragraph 1, unless the periods completed under the other legislations have already been taken into account by virtue of paragraph 2 or 3.

Article 51

Special provisions on aggregation of periods

1.   Where the legislation of a Member State makes the granting of certain benefits conditional upon the periods of insurance having been completed only in a specific activity as an employed or self-employed person or in an occupation which is subject to a special scheme for employed or self-employed persons, the competent institution of that Member State shall take into account periods completed under the legislation of other Member States only if completed under a corresponding scheme or, failing that, in the same occupation, or where appropriate, in the same activity as an employed or self-employed person.

If, account having been taken of the periods thus completed, the person concerned does not satisfy the conditions for receipt of the benefits of a special scheme, these periods shall be taken into account for the purposes of providing the benefits of the general scheme or, failing that, of the scheme applicable to manual or clerical workers, as the case may be, provided that the person concerned had been affiliated to one or other of those schemes.

2.   The periods of insurance completed under a special scheme of a Member State shall be taken into account for the purposes of providing the benefits of the general scheme or, failing that, of the scheme applicable to manual or clerical workers, as the case may be, of another Member State, provided that the person concerned had been affiliated to one or other of those schemes, even if those periods have already been taken into account in the latter Member State under a special scheme.

3.   Where the legislation of a Member State makes the acquisition, retention or recovery of the right to benefits conditional upon the person concerned being insured at the time of the materialisation of the risk, this condition shall be regarded as having been satisfied in the case of insurance under the legislation of another Member State, in accordance with the procedures provided for in Annex XI for each Member State concerned.

Article 52

Award of benefits

1.   The competent institution shall calculate the amount of the benefit that would be due:

| (a) | under the legislation it applies, only where the conditions for entitlement to benefits have been satisfied exclusively under national law (independent benefit); |
| --- | --- |

(a)

under the legislation it applies, only where the conditions for entitlement to benefits have been satisfied exclusively under national law (independent benefit);

| (b) | by calculating a theoretical amount and subsequently an actual amount (pro-rata benefit), as follows:






  (i) | the theoretical amount of the benefit is equal to the benefit which the person concerned could claim if all the periods of insurance and/or of residence which have been completed under the legislations of the other Member States had been completed under the legislation it applies 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, that amount shall be regarded as being the theoretical amount; |
| --- | --- | --- |

(b)

by calculating a theoretical amount and subsequently an actual amount (pro-rata benefit), as follows:

(i)

the theoretical amount of the benefit is equal to the benefit which the person concerned could claim if all the periods of insurance and/or of residence which have been completed under the legislations of the other Member States had been completed under the legislation it applies 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, that amount shall be regarded as being the theoretical amount;

| (ii) | the competent institution shall then establish the actual amount of the pro-rata benefit by applying to the theoretical amount the ratio between the duration of the periods completed before materialisation of the risk under the legislation it applies and the total duration of the periods completed before materialisation of the risk under the legislations of all the Member States concerned. |
| --- | --- |

(ii)

the competent institution shall then establish the actual amount of the pro-rata benefit by applying to the theoretical amount the ratio between the duration of the periods completed before materialisation of the risk under the legislation it applies and the total duration of the periods completed before materialisation of the risk under the legislations of all the Member States concerned.

2.   Where appropriate, the competent institution shall apply, to the amount calculated in accordance with subparagraphs 1(a) and (b), all the rules relating to reduction, suspension or withdrawal, under the legislation it applies, within the limits provided for by Articles 53 to 55.

3.   The person concerned shall be entitled to receive from the competent institution of each Member State the higher of the amounts calculated in accordance with subparagraphs 1(a) and (b).

4.   Where the calculation pursuant to subparagraph 1(a) in one Member State invariably results in the independent benefit being equal to or higher than the pro-rata benefit, calculated in accordance with subparagraph 1(b), the competent institution may waive the pro-rata calculation, under the conditions provided for in the Implementing Regulation. Such situations are set out in Annex VIII.

Article 53

Rules to prevent overlapping

1.   Any overlapping of invalidity, old-age and survivors' benefits calculated or provided on the basis of periods of insurance and/or residence completed by the same person shall be considered to be overlapping of benefits of the same kind.

2.   Overlapping of benefits which cannot be considered to be of the same kind within the meaning of paragraph 1 shall be considered to be overlapping of benefits of a different kind.

3.   The following provisions shall be applicable for the purposes of rules to prevent overlapping laid down by the legislation of a Member State in the case of overlapping of a benefit in respect of invalidity, old age or survivors with a benefit of the same kind or a benefit of a different kind or with other income:

| (a) | the competent institution shall take into account the benefits or incomes acquired in another Member State only where the legislation it applies provides for benefits or income acquired abroad to be taken into account; |
| --- | --- |

(a)

the competent institution shall take into account the benefits or incomes acquired in another Member State only where the legislation it applies provides for benefits or income acquired abroad to be taken into account;

| (b) | the competent institution shall take into account the amount of benefits to be paid by another Member State before deduction of tax, social security contributions and other individual levies or deductions, unless the legislation it applies provides for the application of rules to prevent overlapping after such deductions, under the conditions and the procedures laid down in the Implementing Regulation; |
| --- | --- |

(b)

the competent institution shall take into account the amount of benefits to be paid by another Member State before deduction of tax, social security contributions and other individual levies or deductions, unless the legislation it applies provides for the application of rules to prevent overlapping after such deductions, under the conditions and the procedures laid down in the Implementing Regulation;

| (c) | the competent institution shall not take into account the amount of benefits acquired under the legislation of another Member State on the basis of voluntary insurance or continued optional insurance; |
| --- | --- |

(c)

the competent institution shall not take into account the amount of benefits acquired under the legislation of another Member State on the basis of voluntary insurance or continued optional insurance;

| (d) | if a single Member State applies rules to prevent overlapping because the person concerned receives benefits of the same or of a different kind under the legislation of other Member States or income acquired in other Member States, the benefit due may be reduced solely by the amount of such benefits or such income. |
| --- | --- |

(d)

if a single Member State applies rules to prevent overlapping because the person concerned receives benefits of the same or of a different kind under the legislation of other Member States or income acquired in other Member States, the benefit due may be reduced solely by the amount of such benefits or such income.

Article 54

Overlapping of benefits of the same kind

1.   Where benefits of the same kind due under the legislation of two or more Member States overlap, the rules to prevent overlapping laid down by the legislation of a Member State shall not be applicable to a pro-rata benefit.

2.   The rules to prevent overlapping shall apply to an independent benefit only if the benefit concerned is:

| (a) | a benefit the amount of which does not depend on the duration of periods of insurance or residence, |
| --- | --- |

(a)

a benefit the amount of which does not depend on the duration of periods of insurance or residence,

or

| (b) | a benefit the amount of which is determined on the basis of a credited period deemed to have been completed between the date on which the risk materialised and a later date, overlapping with:






  (i) | a benefit of the same type, except where an agreement has been concluded between two or more Member States to avoid the same credited period being taken into account more than once, or |
| --- | --- | --- |

(b)

a benefit the amount of which is determined on the basis of a credited period deemed to have been completed between the date on which the risk materialised and a later date, overlapping with:

(i)

a benefit of the same type, except where an agreement has been concluded between two or more Member States to avoid the same credited period being taken into account more than once, or

| (ii) | a benefit referred to in subparagraph (a). |
| --- | --- |

(ii)

a benefit referred to in subparagraph (a).

The benefits and agreements referred to in subparagraphs (a) and (b) are listed in Annex IX.

Article 55

Overlapping of benefits of a different kind

1.   If the receipt of benefits of a different kind or other income requires the application of the rules to prevent overlapping provided for by the legislation of the Member States concerned regarding:

| (a) | two or more independent benefits, the competent institutions shall divide the amounts of the benefit or benefits or other income, as they have been taken into account, by the number of benefits subject to the said rules; |
| --- | --- |

(a)

two or more independent benefits, the competent institutions shall divide the amounts of the benefit or benefits or other income, as they have been taken into account, by the number of benefits subject to the said rules;

however, the application of this subparagraph cannot deprive the person concerned of his status as a pensioner for the purposes of the other Chapters of this Title under the conditions and the procedures laid down in the Implementing Regulation;

| (b) | one or more pro-rata benefits, the competent institutions shall take into account the benefit or benefits or other income 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 52(1)(b)(ii); |
| --- | --- |

(b)

one or more pro-rata benefits, the competent institutions shall take into account the benefit or benefits or other income 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 52(1)(b)(ii);

| (c) | one or more independent benefits and one or more pro-rata benefits, the competent institutions shall apply mutatis mutandis subparagraph (a) as regards independent benefits and subparagraph (b) as regards pro-rata benefits. |
| --- | --- |

(c)

one or more independent benefits and one or more pro-rata benefits, the competent institutions shall apply mutatis mutandis subparagraph (a) as regards independent benefits and subparagraph (b) as regards pro-rata benefits.

2.   The competent institution shall not apply the division stipulated in respect of independent benefits, if the legislation it applies provides for account to be taken of benefits of a different kind and/or other income and all other elements for calculating part of their amount determined as a function of the ratio between periods of insurance and/or residence referred to in Article 52(1)(b)(ii).

3.   Paragraphs 1 and 2 shall apply mutatis mutandis where the legislation of one or more Member States provides that a right to a benefit cannot be acquired in the case where the person concerned is in receipt of a benefit of a different kind, payable under the legislation of another Member State, or of other income.

Article 56

Additional provisions for the calculation of benefits

1.   For the calculation of the theoretical and pro-rata amounts referred to in Article 52(1)(b), the following rules shall apply:

| (a) | where the total length of the periods of insurance and/or residence completed before the risk materialised under the legislations of all the Member States concerned is longer than the maximum period required by the legislation of one of these Member States for receipt of full benefit, the competent institution of that Member State shall take into account this maximum period instead of the total length of the periods completed; this method of calculation shall not result in the imposition on that institution of the cost of a benefit greater than the full benefit provided for by the legislation it applies. This provision shall not apply to benefits the amount of which does not depend on the length of insurance; |
| --- | --- |

(a)

where the total length of the periods of insurance and/or residence completed before the risk materialised under the legislations of all the Member States concerned is longer than the maximum period required by the legislation of one of these Member States for receipt of full benefit, the competent institution of that Member State shall take into account this maximum period instead of the total length of the periods completed; this method of calculation shall not result in the imposition on that institution of the cost of a benefit greater than the full benefit provided for by the legislation it applies. This provision shall not apply to benefits the amount of which does not depend on the length of insurance;

| (b) | the procedure for taking into account overlapping periods is laid down in the Implementing Regulation; |
| --- | --- |

(b)

the procedure for taking into account overlapping periods is laid down in the Implementing Regulation;

| (c) | if the legislation of a Member State provides that the benefits are to be calculated on the basis of incomes, contributions, bases of contributions, increases, earnings, other amounts or a combination of more than one of them (average, proportional, fixed or credited), the competent institution shall:






  (i) | determine the basis for calculation of the benefits in accordance only with periods of insurance completed under the legislation it applies; |
| --- | --- | --- |

(c)

if the legislation of a Member State provides that the benefits are to be calculated on the basis of incomes, contributions, bases of contributions, increases, earnings, other amounts or a combination of more than one of them (average, proportional, fixed or credited), the competent institution shall:

(i)

determine the basis for calculation of the benefits in accordance only with periods of insurance completed under the legislation it applies;

| (ii) | use, 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 elements determined or recorded for the periods of insurance completed under the legislation it applies; |
| --- | --- |

(ii)

use, 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 elements determined or recorded for the periods of insurance completed under the legislation it applies;

in accordance with the procedures laid down in Annex XI for the Member State concerned.

2.   The provisions of the legislation of a Member State concerning the revalorisation of the elements taken into account for the calculation of benefits shall apply, as appropriate, to the elements to be taken into account by the competent institution of that Member State, in accordance with paragraph 1, in respect of the periods of insurance or residence completed under the legislation of other Member States.

Article 57

Periods of insurance or residence of less than one year

1.   Notwithstanding Article 52(1)(b), the institution of a Member State shall not be required to provide benefits in respect of periods completed under the legislation it applies which are taken into account when the risk materialises, if:

| — | the duration of the said periods is less than one year, |
| --- | --- |

—

the duration of the said periods is less than one year,

and

| — | taking only these periods into account no right to benefit is acquired under that legislation. |
| --- | --- |

—

taking only these periods into account no right to benefit is acquired under that legislation.

For the purposes of this Article, ‘periods’ shall mean all periods of insurance, employment, self-employment or residence which either qualify for, or directly increase, the benefit concerned.

2.   The competent institution of each of the Member States concerned shall take into account the periods referred to in paragraph 1, for the purposes of Article 52(1)(b)(i).

3.   If the effect of applying paragraph 1 would be to relieve all the institutions of the Member States concerned of their obligations, benefits shall be provided exclusively under the legislation of the last of those Member States whose conditions are satisfied, as if all the periods of insurance and residence completed and taken into account in accordance with Articles 6 and 51(1) and (2) had been completed under the legislation of that Member State.

Article 58

Award of a supplement

1.   A recipient of benefits to whom this Chapter applies may not, in the Member State of residence and under whose legislation a benefit is payable to him, be provided with a benefit which is less than the minimum benefit fixed by that legislation for a period of insurance or residence equal to all the periods taken into account for the payment in accordance with this Chapter.

2.   The competent institution of that Member 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 under this Chapter and the amount of the minimum benefit.

Article 59

Recalculation and revaluation of benefits

1.   If the method for determining benefits or the rules for calculating benefits are altered under the legislation of a Member State, or if the personal situation of the person concerned undergoes a relevant change which, under that legislation, would lead to an adjustment of the amount of the benefit, a recalculation shall be carried out in accordance with Article 52.

2.   On the other hand, if, by reason of an increase in the cost of living or changes in the level of income or other grounds for adjustment, the benefits of the Member State concerned are altered by a percentage or fixed amount, such percentage or fixed amount shall be applied directly to the benefits determined in accordance with Article 52, without the need for a recalculation.

Article 60

Special provisions for civil servants

1.   Articles 6, 50, 51(3) and 52 to 59 shall apply mutatis mutandis to persons covered by a special scheme for civil servants.

2.   However, if the legislation of a competent Member State makes the acquisition, liquidation, retention or recovery of the right to benefits under a special scheme for civil servants subject to the condition that all periods of insurance be completed under one or more special schemes for civil servants in that Member State, or be regarded by the legislation of that Member State as equivalent to such periods, the competent institution of that State shall take into account only the periods which can be recognised under the legislation it applies.

If, account having been taken of the periods thus completed, the person concerned does not satisfy the conditions for the receipt of these benefits, these periods shall be taken into account for the award of benefits under the general scheme or, failing that, the scheme applicable to manual or clerical workers, as the case may be.

3.   Where, under the legislation of a Member State, benefits under a special scheme for civil servants are calculated on the basis of the last salary or salaries received during a reference period, the competent institution of that State shall take into account, for the purposes of the calculation, only those salaries, duly revalued, which were received during the period or periods for which the person concerned was subject to that legislation.

CHAPTER 6

UNEMPLOYMENT BENEFIT

Article 61

Special rules on aggregation of periods of insurance, employment or self-employment

1.   The competent institution of a Member State whose legislation makes the acquisition, retention, recovery or duration of the right to benefits conditional upon the completion of either periods of insurance, employment or self-employment shall, to the extent necessary, take into account periods of insurance, employment or self-employment completed under the legislation of any other Member State as though they were completed under the legislation it applies.

However, when the applicable legislation makes the right to benefits conditional on the completion of periods of insurance, the periods of employment or self-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 had they been completed in accordance with the applicable legislation.

2.   Except in the cases referred to in Article 65(5)(a), the application of paragraph 1 of this Article shall be conditional on the person concerned having the most recently completed, in accordance with the legislation under which the benefits are claimed:

| — | periods of insurance, if that legislation requires periods of insurance, |
| --- | --- |

—

periods of insurance, if that legislation requires periods of insurance,

| — | periods of employment, if that legislation requires periods of employment, or |
| --- | --- |

—

periods of employment, if that legislation requires periods of employment, or

| — | periods of self-employment, if that legislation requires periods of self-employment. |
| --- | --- |

—

periods of self-employment, if that legislation requires periods of self-employment.

Article 62

Calculation of benefits

1.   The competent institution of a Member State whose legislation provides for the calculation of benefits on the basis of the amount of the previous salary or professional income shall take into account exclusively the salary or professional income received by the person concerned in respect of his last activity as an employed or self-employed person under the said legislation.

2.   Paragraph 1 shall also apply where the legislation administered by the competent institution provides for a specific reference period for the determination of the salary which serves as a basis for the calculation of benefits and where, for all or part of that period, the person concerned was subject to the legislation of another Member State.

3.   By way of derogation from paragraphs (1) and (2), as far as the frontier workers covered by Article 65(5)(a) are concerned, the institution of the place of residence shall take into account the salary or professional income received by the person concerned in the Member State to whose legislation he was subject during his last activity as an employed or self-employed person, in accordance with the Implementing Regulation.

Article 63

Special provisions for the waiving of residence rules

For the purposes of this Chapter, Article 7 shall apply only in the cases provided for by Articles 64 and 65 and within the limits prescribed therein.

Article 64

Unemployed persons going to another Member State

1.   A wholly unemployed person who satisfies the conditions of the legislation of the competent Member State for entitlement to benefits, and who goes 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, the unemployed person must have been registered as a person seeking work and have remained available to the employment services of the competent Member 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, the unemployed person must have been registered as a person seeking work and have remained available to the employment services of the competent Member 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) | the unemployed person 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 that Member State. This condition shall be considered satisfied for the period before registration if the person concerned registers within seven days of the date on which he ceased to be available to the employment services of the Member State which he left. In exceptional cases, the competent services or institutions may extend this period; |
| --- | --- |

(b)

the unemployed person 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 that Member State. This condition shall be considered satisfied for the period before registration if the person concerned registers within seven days of the date on which he ceased to be available to the employment services of the Member State which he left. In exceptional cases, the competent services or institutions may extend this period;

| (c) | entitlement to benefits shall be retained for a period of three months from the date when the unemployed person ceased to be available to the employment services of the Member State which he left, provided that the total duration for which the benefits are provided does not exceed the total duration of the period of his entitlement to benefits under the legislation of that Member State; the competent services or institutions may extend the period of three months up to a maximum of six months; |
| --- | --- |

(c)

entitlement to benefits shall be retained for a period of three months from the date when the unemployed person ceased to be available to the employment services of the Member State which he left, provided that the total duration for which the benefits are provided does not exceed the total duration of the period of his entitlement to benefits under the legislation of that Member State; the competent services or institutions may extend the period of three months up to a maximum of six months;

| (d) | the benefits shall be provided by the competent institution in accordance with the legislation it applies and at its own expense. |
| --- | --- |

(d)

the benefits shall be provided by the competent institution in accordance with the legislation it applies and at its own expense.

2.   If the person concerned returns to the competent Member State on or before the expiry of the period during which he is entitled to benefits under paragraph 1(c), he shall continue to be entitled to benefits under the legislation of that Member State. He shall lose all entitlement to benefits under the legislation of the competent Member State if he does not return there on or before the expiry of the said period, unless the provisions of that legislation are more favourable. In exceptional cases the competent services or institutions may allow the person concerned to return at a later date without loss of his entitlement.

3.   Unless the legislation of the competent Member State is more favourable, between two periods of employment the maximum total period for which entitlement to benefits shall be retained under paragraph 1 shall be three months; the competent services or institutions may extend that period up to a maximum of six months.

4.   The arrangements for exchanges of information, cooperation and mutual assistance between the institutions and services of the competent Member State and the Member State to which the person goes in order to seek work shall be laid down in the Implementing Regulation.

Article 65

Unemployed persons who resided in a Member State other than the competent State

1.   A person who is partially or intermittently unemployed and who, during his last activity as an employed or self-employed person, resided in a Member State other than the competent Member State shall make himself available to his employer or to the employment services in the competent Member State. He shall receive benefits in accordance with the legislation of the competent Member State as if he were residing in that Member State. These benefits shall be provided by the institution of the competent Member State.

2.   A wholly unemployed person who, during his last activity as an employed or self-employed person, resided in a Member State other than the competent Member State and who continues to reside in that Member State or returns to that Member State shall make himself available to the employment services in the Member State of residence. Without prejudice to Article 64, a wholly unemployed person may, as a supplementary step, make himself available to the employment services of the Member State in which he pursued his last activity as an employed or self-employed person.

An unemployed person, other than a frontier worker, who does not return to his Member State of residence, shall make himself available to the employment services in the Member State to whose legislation he was last subject.

3.   The unemployed person referred to in the first sentence of paragraph 2 shall register as a person seeking work with the competent employment services of the Member State in which he resides, shall be subject to the control procedure organised there and shall adhere to the conditions laid down under the legislation of that Member State. If he chooses also to register as a person seeking work in the Member State in which he pursued his last activity as an employed or self-employed person, he shall comply with the obligations applicable in that State.

4.   The implementation of the second sentence of paragraph 2 and of the second sentence of paragraph 3, as well as the arrangements for exchanges of information, cooperation and mutual assistance between the institutions and services of the Member State of residence and the Member State in which he pursued his last occupation, shall be laid down in the Implementing Regulation.

| 5. | (a) | The unemployed person referred to in the first and second sentences of paragraph 2 shall receive benefits in accordance with the legislation of the Member State of residence as if he had been subject to that legislation during his last activity as an employed or self-employed person. Those benefits shall be provided by the institution of the place of residence. |
| --- | --- | --- |
| (b) | However, a worker other than a frontier worker who has been provided benefits at the expense of the competent institution of the Member State to whose legislation he was last subject shall firstly receive, on his return to the Member State of residence, benefits in accordance with Article 64, receipt of the benefits in accordance with (a) being suspended for the period during which he receives benefits under the legislation to which he was last subject. |

5.

(a)

The unemployed person referred to in the first and second sentences of paragraph 2 shall receive benefits in accordance with the legislation of the Member State of residence as if he had been subject to that legislation during his last activity as an employed or self-employed person. Those benefits shall be provided by the institution of the place of residence.

(b)

However, a worker other than a frontier worker who has been provided benefits at the expense of the competent institution of the Member State to whose legislation he was last subject shall firstly receive, on his return to the Member State of residence, benefits in accordance with Article 64, receipt of the benefits in accordance with (a) being suspended for the period during which he receives benefits under the legislation to which he was last subject.

6.   The benefits provided by the institution of the place of residence under paragraph 5 shall continue to be at its own expense. However, subject to paragraph 7, the competent institution of the Member State to whose legislation he was last subject shall reimburse to the institution of the place of residence the full amount of the benefits provided by the latter institution during the first three months. The amount of the reimbursement during this period may not be higher than the amount payable, in the case of unemployment, under the legislation of the competent Member State. In the case referred to in paragraph 5(b), the period during which benefits are provided under Article 64 shall be deducted from the period referred to in the second sentence of this paragraph. The arrangements for reimbursement shall be laid down in the Implementing Regulation.

7.   However, the period of reimbursement referred to in paragraph 6 shall be extended to five months when the person concerned has, during the preceding 24 months, completed periods of employment or self-employment of at least 12 months in the Member State to whose legislation he was last subject, where such periods would qualify for the purposes of establishing entitlement to unemployment benefits.

8.   For the purposes of paragraphs 6 and 7, two or more Member States, or their competent authorities, may provide for other methods of reimbursement or waive all reimbursement between the institutions falling under their jurisdiction.

CHAPTER 7

PRE-RETIREMENT BENEFITS

Article 66

Benefits

When the applicable legislation makes the right to pre-retirement benefits conditional on the completion of periods of insurance, of employment or of self-employment, Article 6 shall not apply.

CHAPTER 8

FAMILY BENEFITS

Article 67

Members of the family residing in another Member State

A person shall be entitled to family benefits in accordance with the legislation of the competent Member State, including for his family members residing in another Member State, as if they were residing in the former Member State. However, a pensioner shall be entitled to family benefits in accordance with the legislation of the Member State competent for his pension.

Article 68

Priority rules in the event of overlapping

1.   Where, during the same period and for the same family members, benefits are provided for under the legislation of more than one Member State the following priority rules shall apply:

| (a) | in the case of benefits payable by more than one Member State on different bases, the order of priority shall be as follows: firstly, rights available on the basis of an activity as an employed or selfemployed person, secondly, rights available on the basis of receipt of a pension and finally, rights obtained on the basis of residence; |
| --- | --- |

(a)

in the case of benefits payable by more than one Member State on different bases, the order of priority shall be as follows: firstly, rights available on the basis of an activity as an employed or selfemployed person, secondly, rights available on the basis of receipt of a pension and finally, rights obtained on the basis of residence;

| (b) | in the case of benefits payable by more than one Member State on the same basis, the order of priority shall be established by referring to the following subsidiary criteria:






  (i) | in the case of rights available on the basis of an activity as an employed or self-employed person: the place of residence of the children, provided that there is such activity, and additionally, where appropriate, the highest amount of the benefits provided for by the conflicting legislations. In the latter case, the cost of benefits shall be shared in accordance with criteria laid down in the Implementing Regulation; |
| --- | --- | --- |

(b)

in the case of benefits payable by more than one Member State on the same basis, the order of priority shall be established by referring to the following subsidiary criteria:

(i)

in the case of rights available on the basis of an activity as an employed or self-employed person: the place of residence of the children, provided that there is such activity, and additionally, where appropriate, the highest amount of the benefits provided for by the conflicting legislations. In the latter case, the cost of benefits shall be shared in accordance with criteria laid down in the Implementing Regulation;

| (ii) | in the case of rights available on the basis of receipt of pensions: the place of residence of the children, provided that a pension is payable under its legislation, and additionally, where appropriate, the longest period of insurance or residence under the conflicting legislations; |
| --- | --- |

(ii)

in the case of rights available on the basis of receipt of pensions: the place of residence of the children, provided that a pension is payable under its legislation, and additionally, where appropriate, the longest period of insurance or residence under the conflicting legislations;

| (iii) | in the case of rights available on the basis of residence: the place of residence of the children. |
| --- | --- |

(iii)

in the case of rights available on the basis of residence: the place of residence of the children.

2.   In the case of overlapping entitlements, family benefits shall be provided in accordance with the legislation designated as having priority in accordance with paragraph 1. Entitlements to family benefits by virtue of other conflicting legislation or legislations shall be suspended up to the amount provided for by the first legislation and a differential supplement shall be provided, if necessary, for the sum which exceeds this amount. However, such a differential supplement does not need to be provided for children residing in another Member State when entitlement to the benefit in question is based on residence only.

3.   If, under Article 67, an application for family benefits is submitted to the competent institution of a Member State whose legislation is applicable, but not by priority right in accordance with paragraphs 1 and 2 of this Article:

| (a) | that institution shall forward the application without delay to the competent institution of the Member State whose legislation is applicable by priority, inform the person concerned and, without prejudice to the provisions of the Implementing Regulation concerning the provisional award of benefits, provide, if necessary, the differential supplement mentioned in paragraph 2; |
| --- | --- |

(a)

that institution shall forward the application without delay to the competent institution of the Member State whose legislation is applicable by priority, inform the person concerned and, without prejudice to the provisions of the Implementing Regulation concerning the provisional award of benefits, provide, if necessary, the differential supplement mentioned in paragraph 2;

| (b) | the competent institution of the Member State whose legislation is applicable by priority shall deal with this application as though it were submitted directly to itself, and the date on which such an application was submitted to the first institution shall be considered as the date of its claim to the institution with priority. |
| --- | --- |

(b)

the competent institution of the Member State whose legislation is applicable by priority shall deal with this application as though it were submitted directly to itself, and the date on which such an application was submitted to the first institution shall be considered as the date of its claim to the institution with priority.

Article 69

Additional provisions

1.   If, under the legislation designated by virtue of Articles 67 and 68, no right is acquired to the payment of additional or special family benefits for orphans, such benefits shall be paid by default, and in addition to the other family benefits acquired in accordance with the abovementioned legislation, under the legislation of the Member State to which the deceased worker was subject for the longest period of time, insofar as the right was acquired under that legislation. If no right was acquired under that legislation, the conditions for the acquisition of such right under the legislations of the other Member States shall be examined and benefits provided in decreasing order of the length of periods of insurance or residence completed under the legislation of those Member States.

2.   Benefits paid in the form of pensions or supplements to pensions shall be provided and calculated in accordance with Chapter 5.

CHAPTER 9

SPECIAL NON-CONTRIBUTORY CASH BENEFITS

Article 70

General provision

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 3(1) and of social assistance.

2.   For the purposes of this Chapter, ‘special non-contributory cash benefits’ means those which:

| (a) | 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 3(1), and which guarantee the persons concerned a minimum subsistence income having regard to the economic and social situation in the Member State concerned; or |
| --- | --- | --- |

(a)

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 3(1), and which guarantee 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, |
| --- | --- |

(ii)

solely specific protection for the disabled, closely linked to the said person's social environment in the Member State concerned,

and

| (b) | where the financing exclusively derives from compulsory taxation intended to cover general public expenditure and the conditions for providing and for calculating the benefits are not dependent on any contribution in respect of the beneficiary. However, benefits provided to supplement a contributory benefit shall not be considered to be contributory benefits for this reason alone, |
| --- | --- |

(b)

where the financing exclusively derives from compulsory taxation intended to cover general public expenditure and the conditions for providing and for calculating the benefits are not dependent on any contribution in respect of the beneficiary. However, benefits provided to supplement a contributory benefit shall not be considered to be contributory benefits for this reason alone,

and

| (c) | are listed in Annex X. |
| --- | --- |

(c)

are listed in Annex X.

3.   Article 7 and the other Chapters of this Title shall not apply to the benefits referred to in paragraph 2 of this Article.

4.   The benefits referred to in paragraph 2 shall be provided exclusively in the Member State in which the persons concerned reside, in accordance with its legislation. Such benefits shall be provided by and at the expense of the institution of the place of residence.

TITLE IV

ADMINISTRATIVE COMMISSION AND ADVISORY COMMITTEE

Article 71

Composition and working methods of the Administrative Commission

1.   The Administrative Commission for the Coordination of Social Security Systems (hereinafter called ‘the Administrative Commission’) attached to the Commission of the European Communities shall be made up of a government representative from each of the Member States, assisted, where necessary, by expert advisers. A representative of the Commission of the European Communities 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.

Decisions on questions of interpretation referred to in Article 72(a) shall be adopted under the voting rules established by the Treaty and shall be given the necessary publicity.

3.   Secretarial services for the Administrative Commission shall be provided by the Commission of the European Communities.

Article 72

Tasks of the Administrative Commission

The Administrative Commission shall:

| (a) | deal with all administrative questions and questions of interpretation arising from the provisions of this Regulation or those of the Implementing Regulation, or from any agreement concluded or arrangement made thereunder, without prejudice to the right of the authorities, institutions and persons concerned to have recourse to the procedures and tribunals provided for by the legislation of the Member States, by this Regulation or by the Treaty; |
| --- | --- |

(a)

deal with all administrative questions and questions of interpretation arising from the provisions of this Regulation or those of the Implementing Regulation, or from any agreement concluded or arrangement made thereunder, without prejudice to the right of the authorities, institutions and persons concerned to have recourse to the procedures and tribunals provided for by the legislation of the Member States, by this Regulation or by the Treaty;

| (b) | facilitate the uniform application of Community law, especially by promoting exchange of experience and best administrative practices; |
| --- | --- |

(b)

facilitate the uniform application of Community law, especially by promoting exchange of experience and best administrative practices;

| (c) | foster and develop cooperation between Member States and their institutions in social security matters in order, inter alia, to take into account particular questions regarding certain categories of persons; facilitate realisation of actions of crossborder cooperation activities in the area of the coordination of social security systems; |
| --- | --- |

(c)

foster and develop cooperation between Member States and their institutions in social security matters in order, inter alia, to take into account particular questions regarding certain categories of persons; facilitate realisation of actions of crossborder cooperation activities in the area of the coordination of social security systems;

| (d) | encourage as far as possible the use of new technologies in order to facilitate the free movement of persons, in particular by modernising procedures for exchanging information and adapting the information flow between institutions for the purposes of exchange by electronic means, taking account of the development of data processing in each Member State; the Administrative Commission shall adopt the common structural rules for data processing services, in particular on security and the use of standards, and shall lay down provisions for the operation of the common part of those services; |
| --- | --- |

(d)

encourage as far as possible the use of new technologies in order to facilitate the free movement of persons, in particular by modernising procedures for exchanging information and adapting the information flow between institutions for the purposes of exchange by electronic means, taking account of the development of data processing in each Member State; the Administrative Commission shall adopt the common structural rules for data processing services, in particular on security and the use of standards, and shall lay down provisions for the operation of the common part of those services;

| (e) | undertake any other function falling within its competence under this Regulation and the Implementing Regulation or any agreement or arrangement concluded thereunder; |
| --- | --- |

(e)

undertake any other function falling within its competence under this Regulation and the Implementing Regulation or any agreement or arrangement concluded thereunder;

| (f) | make any relevant proposals to the Commission of the European Communities concerning the coordination of social security schemes, with a view to improving and modernising the Community ‘acquis’ by drafting subsequent Regulations or by means of other instruments provided for by the Treaty; |
| --- | --- |

(f)

make any relevant proposals to the Commission of the European Communities concerning the coordination of social security schemes, with a view to improving and modernising the Community ‘acquis’ by drafting subsequent Regulations or by means of other instruments provided for by the Treaty;

| (g) | establish the factors to be taken into account for drawing up accounts relating to the costs to be borne by the institutions of the Member States under this Regulation and to adopt the annual accounts between those institutions, based on the report of the Audit Board referred to in Article 74. |
| --- | --- |

(g)

establish the factors to be taken into account for drawing up accounts relating to the costs to be borne by the institutions of the Member States under this Regulation and to adopt the annual accounts between those institutions, based on the report of the Audit Board referred to in Article 74.

Article 73

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 propose to the Administrative Commission common architecture rules for the operation of data-processing services, in particular on security and the use of standards; it shall deliver reports and a reasoned opinion before decisions are taken by the Administrative Commission pursuant to Article 72(d). The composition and working methods of the Technical Commission shall be determined by the Administrative Commission.

2.   To this end, the Technical Commission shall:

| (a) | gather together the relevant technical documents and undertake the studies and other work required to accomplish its tasks; |
| --- | --- |

(a)

gather together the relevant technical documents and undertake the studies and other 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;

| (d) | ensure the management of Community pilot projects using data-processing services and, for the Community part, operational systems using data-processing services. |
| --- | --- |

(d)

ensure the management of Community pilot projects using data-processing services and, for the Community part, operational systems using data-processing services.

Article 74

Audit Board

1.   An Audit Board shall be attached to the Administrative Commission. The composition and working methods of the Audit Board shall be determined by the Administrative Commission.

The Audit Board shall:

| (a) | verify the method of determining and calculating the annual average costs presented by Member States; |
| --- | --- |

(a)

verify the method of determining and calculating the annual average costs presented by Member States;

| (b) | collect the necessary data and carry out the calculations required for establishing the annual statement of claims of each Member State; |
| --- | --- |

(b)

collect the necessary data and carry out the calculations required for establishing the annual statement of claims of each Member State;

| (c) | give the Administrative Commission periodic accounts of the results of the implementation of this Regulation and of the Implementing Regulation, in particular as regards the financial aspect; |
| --- | --- |

(c)

give the Administrative Commission periodic accounts of the results of the implementation of this Regulation and of the Implementing Regulation, in particular as regards the financial aspect;

| (d) | provide the data and reports necessary for decisions to be taken by the Administrative Commission under Article 72(g); |
| --- | --- |

(d)

provide the data and reports necessary for decisions to be taken by the Administrative Commission under Article 72(g);

| (e) | make any relevant suggestions it may have to the Administrative Commission, including those concerning this Regulation, in connection with subparagraphs (a), (b) and (c); |
| --- | --- |

(e)

make any relevant suggestions it may have to the Administrative Commission, including those concerning this Regulation, in connection with subparagraphs (a), (b) and (c);

| (f) | carry out all work, studies or assignments on matters referred to it by the Administrative Commission. |
| --- | --- |

(f)

carry out all work, studies or assignments on matters referred to it by the Administrative Commission.

Article 75

Advisory Committee for the Coordination of Social Security Systems

1.   An Advisory Committee for the Coordination of Social Security Systems (hereinafter referred to as ‘Advisory Committee’) is hereby established, comprising, from each Member State:

| (a) | one government representative; |
| --- | --- |

(a)

one government representative;

| (b) | one representative from the trade unions; |
| --- | --- |

(b)

one representative from the trade unions;

| (c) | one representative from the employers' organisations. |
| --- | --- |

(c)

one representative from the employers' organisations.

For each of the categories referred to above, an alternate member shall be appointed for each Member State.

The members and alternate members of the Advisory Committee shall be appointed by the Council. The Advisory Committee shall be chaired by a representative of the Commission of the European Communities. The Advisory Committee shall draw up its rules of procedure.

2.   The Advisory Committee shall be empowered, at the request of the Commission of the European Communities, the Administrative Commission or on its own initiative:

| (a) | to examine general questions or questions of principle and problems arising from the implementation of the Community provisions on the coordination of social security systems, especially regarding certain categories of persons; |
| --- | --- |

(a)

to examine general questions or questions of principle and problems arising from the implementation of the Community provisions on the coordination of social security systems, especially regarding certain categories of persons;

| (b) | to formulate opinions on such matters for the Administrative Commission and proposals for any revisions of the said provisions. |
| --- | --- |

(b)

to formulate opinions on such matters for the Administrative Commission and proposals for any revisions of the said provisions.

TITLE V

MISCELLANEOUS PROVISIONS

Article 76

Cooperation

1.   The competent authorities of the 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 may affect the implementation of this Regulation. |
| --- | --- |

(b)

changes in their legislation which may affect the implementation of this Regulation.

2.   For the purposes of this Regulation, the authorities and institutions of the Member States shall lend one another their good offices and act as though implementing their own legislation. The administrative assistance given by the said authorities and institutions shall, as a rule, be free of charge. However, the Administrative Commission shall establish the nature of reimbursable expenses and the limits above which their reimbursement is due.

3.   The authorities and institutions of the Member States may, for the purposes of this Regulation, communicate directly with one another and with the persons involved or their representatives.

4.   The institutions and persons covered by this Regulation shall have a duty of mutual information and cooperation to ensure the correct implementation of this Regulation.

The institutions, in accordance with the principle of good administration, shall respond to all queries within a reasonable period of time and shall in this connection provide the persons concerned with any information required for exercising the rights conferred on them by this Regulation.

The persons concerned must inform the institutions of the competent Member State and of the Member State of residence as soon as possible of any change in their personal or family situation which affects their right to benefits under this Regulation.

5.   Failure to respect the obligation of information referred to in the third subparagraph of paragraph 4 may result in the application of proportionate measures in accordance with national law. Nevertheless, these measures shall be equivalent to those applicable to similar situations under domestic law and shall not make it impossible or excessively difficult in practice for claimants to exercise the rights conferred on them by this Regulation.

6.   In the event of difficulties in the interpretation or application of this Regulation which could jeopardise the rights of a person covered by it, the institution of the competent Member State or of the Member State of residence of the person concerned shall contact the institution(s) of the Member State(s) concerned. If a solution cannot be found within a reasonable period, the authorities concerned may call on the Administrative Commission to intervene.

7.   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, recognised as an official language of the Community institutions in accordance with Article 290 of the Treaty.

Article 77

Protection of personal data

1.   Where, under this Regulation or under the Implementing Regulation, 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 data protection legislation of the Member State transmitting them. Any communication from the authority or institution of the receiving Member State as well as the storage, alteration and destruction of the data provided by that Member State shall be subject to the data protection legislation of the receiving Member State.

2.   Data required for the application of this Regulation and the Implementing Regulation shall be transmitted by one Member State to another Member State in accordance with Community provisions on the protection of natural persons with regard to the processing and free movement of personal data.

Article 78

Data processing

1.   Member States shall progressively use new technologies for the exchange, access and processing of the data required to apply this Regulation and the Implementing Regulation. The Commission of the European Communities shall lend its support to activities of common interest as soon as the Member States have established such data-processing services.

2.   Each Member State shall be responsible for managing its own part of the data-processing services in accordance with the Community provisions on the protection of natural persons with regard to the processing and the free movement of personal data.

3.   An electronic document sent or issued by an institution in conformity with 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 that it can receive electronic documents. Reproduction and recording of such documents 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.

4.   An electronic document shall be considered valid if the computer system on which the document is recorded contains the safeguards necessary in order to prevent any alteration, disclosure or unauthorised access to the recording. It shall at any time be possible to reproduce the recorded information in an immediately readable form. When an electronic document is transferred from one social security institution to another, appropriate security measures shall be taken in accordance with the Community provisions on the protection of natural persons with regard to the processing and the free movement of personal data.

Article 79

Funding of activities in the social security field

In connection with this Regulation and the Implementing Regulation, the Commission of the European Communities may fund in full or in part:

| (a) | activities aimed at improving exchanges of information between the social security authorities and institutions of the Member States, particularly the electronic exchange of data; |
| --- | --- |

(a)

activities aimed at improving exchanges of information between the social security authorities and institutions of the Member States, particularly the electronic exchange of data;

| (b) | any other activity aimed at providing information to the persons covered by this Regulation and their representatives about the rights and obligations deriving from this Regulation, using the most appropriate means. |
| --- | --- |

(b)

any other activity aimed at providing information to the persons covered by this Regulation and their representatives about the rights and obligations deriving from this Regulation, using the most appropriate means.

Article 80

Exemptions

1.   Any exemption from or reduction of taxes, stamp duty, notarial or registration fees provided for under the legislation of one Member State in respect of certificates or documents required to be produced in application of the legislation of that Member 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 81

Claims, declarations or appeals

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 Member 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 Member State either directly or through the competent authorities of the Member States concerned. The date on which such claims, declarations or appeals were submitted to the authority, institution or tribunal of the second Member State shall be considered as the date of their submission to the competent authority, institution or tribunal.

Article 82

Medical examinations

Medical examinations provided for by the legislation of one Member State may be carried out at the request of the competent institution, in another Member State, by the institution of the place of residence or stay of the claimant or the person entitled to benefits, under the conditions laid down in the Implementing Regulation or agreed between the competent authorities of the Member States concerned.

Article 83

Implementation of legislation

Special provisions for implementing the legislation of certain Member States are referred to in Annex XI.

Article 84

Collection of contributions and recovery of benefits

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 another Member State in accordance with the procedures and with the guarantees and privileges applicable to the collection of contributions due to the corresponding institution of the latter Member 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 any other charges or to the recovery of benefits provided but not due under the legislation of one Member State shall be recognised and enforced at the request of the competent institution in another Member State within the limits and in accordance with the procedures laid down by the legislation and any other procedures applicable to similar decisions of the latter Member State. Such decisions shall be declared enforceable in that Member State insofar as the legislation and any other procedures of that Member State so require.

3.   Claims of an institution of one Member State shall in enforcement, bankruptcy or settlement proceedings in another Member State enjoy the same privileges as the legislation of the latter Member State accords to claims of the same kind.

4.   The procedure for implementing this Article, including costs reimbursement, shall be governed by the Implementing Regulation or, where necessary and as a complementary measure, by means of agreements between Member States.

Article 85

Rights of institutions

1.   If a person receives benefits under the legislation of one Member State in respect of an injury resulting from events occurring in another Member 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, under the legislation it applies, 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, under the legislation it applies, 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 under the legislation of one Member State in respect of an injury resulting from events occurring in another Member State, the provisions of the said legislation which determine the cases in which the civil liability of employers or of their employees is to be excluded shall apply with regard to the said person or to the competent institution.

Paragraph 1 shall also apply to any rights of the institution responsible for providing benefits against employers or their employees in cases where their liability is not excluded.

3.   Where, in accordance with Article 35(3) and/or Article 41(2), two or more Member States or their competent authorities have concluded an agreement to waive reimbursement between institutions under their jurisdiction, or, where reimbursement does not depend on the amount of benefits actually provided, any rights arising against a liable third party shall be governed by the following rules:

| (a) | where the institution of the Member State of residence or stay accords benefits to a person in respect of an injury sustained in its territory, that institution, in accordance with the provisions of the legislation it applies, 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 residence or stay accords benefits to a person in respect of an injury sustained in its territory, that institution, in accordance with the provisions of the legislation it applies, shall exercise the right to subrogation or direct action against the third party liable to provide compensation for the injury;

| (b) | for the application of (a):






  (i) | the person receiving benefits shall be deemed to be insured with the institution of the place of residence or stay, and |
| --- | --- | --- |

(b)

for the application of (a):

(i)

the person receiving benefits shall be deemed to be insured with the institution of the place of residence or stay, 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) | Paragraphs 1 and 2 shall remain applicable in respect of any benefits not covered by the waiver agreement or a reimbursement which does not depend on the amount of benefits actually provided. |
| --- | --- |

(c)

Paragraphs 1 and 2 shall remain applicable in respect of any benefits not covered by the waiver agreement or a reimbursement which does not depend on the amount of benefits actually provided.

Article 86

Bilateral agreements

As far as relations between, on the one hand, Luxembourg and, on the other hand, France, Germany and Belgium are concerned, the application and the duration of the period referred to in Article 65(7) shall be subject to the conclusion of bilateral agreements.

TITLE VI

TRANSITIONAL AND FINAL PROVISIONS

Article 87

Transitional provisions

1.   No rights shall be acquired under this Regulation for the period before its date of application.

2.   Any period of insurance and, where appropriate, any period of employment, self-employment or residence completed under the legislation of a Member State prior to the date of application of this Regulation in the Member State concerned shall be taken into consideration for the determination of rights acquired under this Regulation.

3.   Subject to paragraph 1, a right shall be acquired under this Regulation even if it relates to a contingency arising before its date of application in 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 concerned shall, at the request of that person, be provided or resumed with effect from the date of application of this Regulation in the Member State concerned, provided that the rights for which benefits were previously provided have not given rise to a lump-sum payment.

5.   The rights of a person to whom a pension was provided prior to the date of application of this Regulation in a Member State may, at the request of the person concerned, be reviewed, taking into account 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 a Member State, the rights acquired under this Regulation shall have effect from that date, and the legislation of any Member State concerning the forfeiture or limitation of rights may not be invoked against the persons concerned.

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 Member State concerned, rights not forfeited or not time-barred 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, as a result of this Regulation, a person is subject to the legislation of a Member State other than the one determined in accordance with Title II of Regulation (EEC) No 1408/71, that legislation shall continue to apply as long as the relevant situation remains unchanged, unless the person concerned requests that he be subject to the legislation applicable under this Regulation. The request shall be submitted within three months after the date of application of this Regulation to the competent institution of the Member State whose legislation is applicable under this Regulation if the person concerned is to be subject to the legislation of that Member State as of the date of application of this Regulation. If the request is made after the time limit indicated, the changeover shall take place on the first day of the following month.

9.   Article 55 of this Regulation shall apply only to pensions not subject to Article 46c of Regulation (EEC) No 1408/71 on the date of application of this Regulation.

10.   The provisions of the second sentences of Article 65(2) and (3) shall be applicable to Luxembourg at the latest two years after the date of application of this Regulation.

11.   Member States shall ensure that appropriate information is provided regarding the changes in rights and obligations introduced by this Regulation and the Implementing Regulation.

Article 88

Updating of the Annexes

The Annexes of this Regulation shall be revised periodically.

Article 89

Implementing Regulation

A further Regulation shall lay down the procedure for implementing this Regulation.

Article 90

Repeal

1.   Council Regulation (EEC) No 1408/71 shall be repealed from the date of application of this Regulation.

However, Regulation (EEC) No 1408/71 shall remain in force and shall continue to have legal effect for the purposes of:

| (a) | Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality (5), for as long as that Regulation has not been repealed or modified; |
| --- | --- |

(a)

Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality (5), for as long as that Regulation has not been repealed or modified;

| (b) | Council Regulation (EEC) No 1661/85 of 13 June 1985 laying down the technical adaptations to the Community rules on social security for migrant workers with regard to Greenland (6), for as long as that Regulation has not been repealed or modified; |
| --- | --- |

(b)

Council Regulation (EEC) No 1661/85 of 13 June 1985 laying down the technical adaptations to the Community rules on social security for migrant workers with regard to Greenland (6), for as long as that Regulation has not been repealed or modified;

| (c) | the Agreement on the European Economic Area (7) and the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons (8) and other agreements which contain a reference to Regulation (EEC) No 1408/71, for as long as those agreements have not been modified in the light of this Regulation. |
| --- | --- |

(c)

the Agreement on the European Economic Area (7) and the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons (8) and other agreements which contain a reference to Regulation (EEC) No 1408/71, for as long as those agreements have not been modified in the light of this Regulation.

2.   References to Regulation (EEC) No 1408/71 in Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community (9) are to be read as referring to this Regulation.

Article 91

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.

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

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 38, 12.2.1999, p. 10 and OJ C ... (proposal).

1

(2)  OJ C 75, 15.3.2000, p. 29.

2

(3)  Opinion of the European Parliament of 3 September 2003 (not yet published in the Official Journal), Council Common Position of 26 January 2004 (OJ C 79 E, 30.3.2004, p. 15) and Position of the European Parliament of 20 April 2004.

3

(4)  OJ L 149, 5.7.1971, p. 2. Regulation as last amended by Regulation (EC) No 1386/2001 of the European Parliament and of the Council (OJ L 187, 10.7.2001, p. 1).

4

(5)  OJ L 124, 20.5.2003, p. 1.

5

(6)  OJ L 160, 20.6.1985, p. 7.

6

(7)  OJ L 1, 3.1.1994, p. 1.

7

(8)  OJ L 114, 30.4.2002, p. 6. Agreement as last amended by Decision No 2/2003 of the EU-Swiss Committee (OJ L 187, 26.7.2003, p. 55).

8

(9)  OJ L 209, 25.7.1998, p. 46.

9

ANNEX I

ADVANCES OF MAINTENANCE PAYMENTS AND SPECIAL CHILDBIRTH AND ADOPTION ALLOWANCES

(Article 1(z))

I.   Advances of maintenance payments

| A. | BELGIUM
  Advances of maintenance allowances under the law of 21 February 2003 creating a maintenance payments agency within the federal public service, Finance Department |
| --- | --- |

A.

BELGIUM

Advances of maintenance allowances under the law of 21 February 2003 creating a maintenance payments agency within the federal public service, Finance Department

| B. | DENMARK
  Advance payment of child support laid down in the Act on Child Benefits
  Advance payment of child support consolidated by Law No 765 of 11 September 2002 |
| --- | --- |

B.

DENMARK

Advance payment of child support laid down in the Act on Child Benefits

Advance payment of child support consolidated by Law No 765 of 11 September 2002

| C. | GERMANY
  Advances of maintenance payments under the German law on advances of maintenance payments (Unterhaltsvorschussgesetz) of 23 July 1979 |
| --- | --- |

C.

GERMANY

Advances of maintenance payments under the German law on advances of maintenance payments (Unterhaltsvorschussgesetz) of 23 July 1979

| D. | FRANCE
  Family support allowance paid to a child one of whose parents or both of whose parents are in default or are unable to meet their maintenance obligations or the payment of a maintenance allowance laid down by a court decision |
| --- | --- |

D.

FRANCE

Family support allowance paid to a child one of whose parents or both of whose parents are in default or are unable to meet their maintenance obligations or the payment of a maintenance allowance laid down by a court decision

| E. | AUSTRIA
  Advances of maintenance payments under the Federal Law on the grant of advances of child maintenance (Unterhaltsvorschussgesetz 1985 — UVG) |
| --- | --- |

E.

AUSTRIA

Advances of maintenance payments under the Federal Law on the grant of advances of child maintenance (Unterhaltsvorschussgesetz 1985 — UVG)

| F. | PORTUGAL
  Advances of maintenance payments (Act No 75/98, 19 November, on the guarantee of maintenance for minors) |
| --- | --- |

F.

PORTUGAL

Advances of maintenance payments (Act No 75/98, 19 November, on the guarantee of maintenance for minors)

| G. | FINLAND
  Maintenance allowance under the Security of Child Maintenance Act (671/1998) |
| --- | --- |

G.

FINLAND

Maintenance allowance under the Security of Child Maintenance Act (671/1998)

| H. | SWEDEN
  Maintenance allowance under the Maintenance Support Act (1996:1030) |
| --- | --- |

H.

SWEDEN

Maintenance allowance under the Maintenance Support Act (1996:1030)

II.   Special childbirth and adoption allowances

| A. | BELGIUM
  Childbirth allowance and adoption grant |
| --- | --- |

A.

BELGIUM

Childbirth allowance and adoption grant

| B. | SPAIN
  Single payment birth grants |
| --- | --- |

B.

SPAIN

Single payment birth grants

| C. | FRANCE
  Birth or adoption grants as part of the ‘early childhood benefit’ |
| --- | --- |

C.

FRANCE

Birth or adoption grants as part of the ‘early childhood benefit’

| D. | LUXEMBOURG
  Antenatal allowances
  Childbirth allowances |
| --- | --- |

D.

LUXEMBOURG

Antenatal allowances

Childbirth allowances

| E. | FINLAND
  Maternity package, maternity lump-sum grant and assistance in the form of a lump sum intended to offset the cost of international adoption pursuant to the Maternity Grant Act |
| --- | --- |

E.

FINLAND

Maternity package, maternity lump-sum grant and assistance in the form of a lump sum intended to offset the cost of international adoption pursuant to the Maternity Grant Act

ANNEX II

PROVISIONS OF CONVENTIONS WHICH REMAIN IN FORCE AND WHICH, WHERE APPLICABLE, ARE RESTRICTED TO THE PERSONS COVERED THEREBY

(Article 8(1))

The content of this Annex shall be determined by the European Parliament and by the Council in accordance with the Treaty as soon as possible and at the latest by the date of application of this Regulation referred to in Article 91.

ANNEX III

RESTRICTION OF RIGHTS TO BENEFITS IN KIND FOR MEMBERS OF THE FAMILY OF A FRONTIER WORKER

(Article 18(2))

DENMARK

SPAIN

IRELAND

NETHERLANDS

FINLAND

SWEDEN

UNITED KINGDOM

ANNEX IV

MORE RIGHTS FOR PENSIONERS RETURNING TO THE COMPETENT MEMBER STATE

(Article 27(2))

BELGIUM

GERMANY

GREECE

SPAIN

FRANCE

ITALY

LUXEMBOURG

AUSTRIA

SWEDEN

ANNEX V

MORE RIGHTS FOR FORMER FRONTIER WORKERS WHO RETURN TO THEIR PREVIOUS MEMBER STATE OF ACTIVITY AS AN EMPLOYED OR SELF-EMPLOYED PERSON (APPLICABLE ONLY IF THE MEMBER STATE IN WHICH THE COMPETENT INSTITUTION RESPONSIBLE FOR THE COSTS OF THE BENEFITS IN KIND PROVIDED TO THE PENSIONER IN HIS MEMBER STATE OF RESIDENCE IS SITUATED ALSO APPEARS ON THE LIST)

(Article 28(2))

BELGIUM

GERMANY

SPAIN

FRANCE

LUXEMBOURG

AUSTRIA

PORTUGAL

ANNEX VI

IDENTIFICATION OF TYPE A LEGISLATION WHICH SHOULD BE SUBJECT TO SPECIAL COORDINATION

(Article 44(1))

| A. | GREECE
  Legislation relating to the agricultural insurance scheme (OGA), under Law No 4169/1961 |
| --- | --- |

A.

GREECE

Legislation relating to the agricultural insurance scheme (OGA), under Law No 4169/1961

| B. | IRELAND
  Part II, Chapter 15 of the Social Welfare (Consolidation) Act, 1993 |
| --- | --- |

B.

IRELAND

Part II, Chapter 15 of the Social Welfare (Consolidation) Act, 1993

| C. | FINLAND
  Invalidity pensions determined according to the National Pensions Act of 8 June 1956 and awarded under the transitional rules of the National Pensions Act (547/93)
  National pensions to persons who are disabled or become disabled at an early age (the National Pensions Act (547/93)) |
| --- | --- |

C.

FINLAND

Invalidity pensions determined according to the National Pensions Act of 8 June 1956 and awarded under the transitional rules of the National Pensions Act (547/93)

National pensions to persons who are disabled or become disabled at an early age (the National Pensions Act (547/93))

| D. | SWEDEN
  Income-related sickness benefit and activity compensation (Act 1962:381 as amended by Act 2001:489) |
| --- | --- |

D.

SWEDEN

Income-related sickness benefit and activity compensation (Act 1962:381 as amended by Act 2001:489)

| E. | UNITED KINGDOM






  (a) | Great Britain
  Sections 30A(5), 40, 41 and 68 of the Contributions and Benefits Act 1992. |
| --- | --- | --- |

E.

UNITED KINGDOM

(a)

Great Britain

Sections 30A(5), 40, 41 and 68 of the Contributions and Benefits Act 1992.

| (b) | Northern Ireland
  Sections 30A(5), 40, 41 and 68 of the Contributions and Benefits (Northern Ireland) Act 1992. |
| --- | --- |

(b)

Northern Ireland

Sections 30A(5), 40, 41 and 68 of the Contributions and Benefits (Northern Ireland) Act 1992.

ANNEX VII

CONCORDANCE BETWEEN THE LEGISLATIONS OF MEMBER STATES ON CONDITIONS RELATING TO THE DEGREE OF INVALIDITY

(Article 46(3) of the Regulation)

BELGIUM

| Member State | Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity | Schemes administered by Belgian institutions on which the decision is binding in cases of concordance |
| --- | --- | --- |
| General scheme | Miners' scheme | Mariners' scheme | Ossom |
| General invalidity | Occupational invalidity |
| FRANCE | 1. General scheme: | | | | | |
| — | Group III
  (constant attendance) |

Member State

Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity

Schemes administered by Belgian institutions on which the decision is binding in cases of concordance

General scheme

Miners' scheme

Mariners' scheme

Ossom

General invalidity

Occupational invalidity

FRANCE

1. General scheme:

—

Group III

(constant attendance)

Concordance

Concordance

Concordance

Concordance

No concordance

— Group II

Concordance

Concordance

Concordance

Concordance

No concordance

— Group I

Concordance

Concordance

Concordance

Concordance

No concordance

2. Agricultural scheme

— Total, general invalidity

Concordance

Concordance

Concordance

Concordance

No concordance

| — | Two-thirds general invalidity |
| --- | --- |

—

Two-thirds general invalidity

Concordance

Concordance

Concordance

Concordance

No concordance

— Constant attendance

Concordance

Concordance

Concordance

Concordance

No concordance

3. Miners' scheme:

| — | Partial, general invalidity |
| --- | --- |

—

Partial, general invalidity

Concordance

Concordance

Concordance

Concordance

No concordance

— Constant attendance

Concordance

Concordance

Concordance

Concordance

No concordance

— Occupational invalidity

No concordance

No concordance

Concordance

No concordance

No concordance

4. Mariners' scheme:

— General invalidity

Concordance

Concordance

Concordance

Concordance

No concordance

— Constant attendance

Concordance

Concordance

Concordance

Concordance

No concordance

— Occupational invalidity

No concordance

No concordance

No concordance

No concordance

No concordance

ITALY

1. General scheme:

— Invalidity: manual workers

No concordance

Concordance

Concordance

Concordance

No concordance

— Invalidity: clerical staff

No concordance

Concordance

Concordance

Concordance

No concordance

2. Mariners' scheme:

| — | Unfitness for seafaring |
| --- | --- |

—

Unfitness for seafaring

No concordance

No concordance

No concordance

No concordance

No concordance

LUXEMBOURG (1)

Workers' invalidity — manual workers

Concordance

Concordance

Concordance

Concordance

No concordance

Invalidity — clerical staff

Concordance

Concordance

Concordance

Concordance

No concordance

FRANCE

| Member State | Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity | Schemes administered by French institutions on which the decision is binding in cases of concordances |
| --- | --- | --- |
| General scheme | Agricultural scheme | Miners' scheme | Mariners' scheme |
| Group I | Group II | Group III Constant attendance | 2/3 Invalidity | | Constant attendance | 2/3 General invalidity | Constant attendance | | 2/3 General invalidity | Total occupational invalidity | Constant attendance |
| BELGIUM | 1. General scheme | Concordance | No concordance | No concordance | Concordance | No concordance | No concordance | Concordance | No concordance | No concordance | No concordance | No concordance | No concordance |
| 2. Miners' scheme | | | | | | | | | | | | |
| - | partial general invalidity |

Member State

Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity

Schemes administered by French institutions on which the decision is binding in cases of concordances

General scheme

Agricultural scheme

Miners' scheme

Mariners' scheme

Group I

Group II

Group III Constant attendance

2/3 Invalidity

Constant attendance

2/3 General invalidity

Constant attendance

2/3 General invalidity

Total occupational invalidity

Constant attendance

BELGIUM

1. General scheme

Concordance

No concordance

No concordance

Concordance

No concordance

No concordance

Concordance

No concordance

No concordance

No concordance

No concordance

No concordance

2. Miners' scheme

-

partial general invalidity

Concordance

No concordance

No concordance

Concordance

No concordance

No concordance

Concordance

No concordance

No concordance

No concordance

No concordance

No concordance

| - | occupational invalidity |
| --- | --- |

-

occupational invalidity

No concordance

No concordance

No concordance

No concordance

No concordance

No concordance

No concordance

Concordance(2)

3. Mariners' scheme

Concordance(1)

No concordance

No concordance

Concordance(1)

No concordance

No concordance

Concordance(1)

No concordance

No concordance

No concordance

No concordance

No concordance

ITALY

1. General scheme

- invalidity manual workers

Concordance

No concordance

No concordance

Concordance

No concordance

No concordance

Concordance

No concordance

No concordance

No concordance

No concordance

No concordance

- invalidity clerical staff

Concordance

No concordance

No concordance

Concordance

No concordance

No concordance

Concordance

No concordance

No concordance

No concordance

No concordance

No concordance

2. Mariners' scheme

No concordance

No concordance

No concordance

No concordance

No concordance

No concordance

No concordance

No concordance

No concordance

No concordance

No concordance

No concordance

LUXEMBOURG (3)

Invalidity - manual workers

Concordance

No concordance

No concordance

Concordance

No concordance

No concordance

Concordance

No concordance

No concordance

No concordance

No concordance

No concordance

Invalidity - clerical staff

No concordance

No concordance

No concordance

No concordance

No concordance

No concordance

No concordance

No concordance

No concordance

No concordance

No concordance

No concordance

ITALY

| Member State | Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity | Schemes administered by Italian institutions on which the decision is binding in cases of concordance |
| --- | --- | --- |
| General scheme | Mariners Unfit for navigation |
| Manual workers | Clerical staff |
| BELGIUM | 1. General scheme | No concordance | No concordance | No concordance |
| 2. Miners' scheme | | | |
| — partial general invalidity | Concordance | Concordance | No concordance |
| — occupational invalidity | No concordance | No concordance | No concordance |
| 3. Mariners' scheme | No concordance | No concordance | No concordance |
| FRANCE | 1. General scheme | | | |
| — Group III (constant attendance) | Concordance | Concordance | No concordance |
| — Group II | Concordance | Concordance | No concordance |
| — Group I | Concordance | Concordance | No concordance |
| 2. Agricultural scheme | | | |
| — total general invalidity | Concordance | Concordance | No concordance |
| — partial general invalidity | Concordance | Concordance | No concordance |
| — constant attendance | Concordance | Concordance | No concordance |
| 3. Miners' scheme | | | |
| — partial general invalidity | Concordance | Concordance | No concordance |
| — constant attendance | Concordance | Concordance | No concordance |
| — occupational invalidity | No concordance | No concordance | No concordance |
| 4. Mariners' scheme | | | |
| — partial general invalidity | No concordance | No concordance | No concordance |
| — constant attendance | No concordance | No concordance | No concordance |
| — occupational invalidity | | | |

Member State

Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity

Schemes administered by Italian institutions on which the decision is binding in cases of concordance

General scheme

Mariners Unfit for navigation

Manual workers

Clerical staff

BELGIUM

1. General scheme

No concordance

No concordance

No concordance

2. Miners' scheme

— partial general invalidity

Concordance

Concordance

No concordance

— occupational invalidity

No concordance

No concordance

No concordance

3. Mariners' scheme

No concordance

No concordance

No concordance

FRANCE

1. General scheme

— Group III (constant attendance)

Concordance

Concordance

No concordance

— Group II

Concordance

Concordance

No concordance

— Group I

Concordance

Concordance

No concordance

2. Agricultural scheme

— total general invalidity

Concordance

Concordance

No concordance

— partial general invalidity

Concordance

Concordance

No concordance

— constant attendance

Concordance

Concordance

No concordance

3. Miners' scheme

— partial general invalidity

Concordance

Concordance

No concordance

— constant attendance

Concordance

Concordance

No concordance

— occupational invalidity

No concordance

No concordance

No concordance

4. Mariners' scheme

— partial general invalidity

No concordance

No concordance

No concordance

— constant attendance

No concordance

No concordance

No concordance

— occupational invalidity

LUXEMBOURG (5)

| Member State | Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity | Schemes administered by Luxembourg institutions on which the decision is binding in cases of concordance |
| --- | --- | --- |
| Invalidity — manual workers | Invalidity — clerical staff |
| BELGIUM | 1. General scheme | Concordance | Concordance |
| 2. Miners' scheme | | |
| — partial general invalidity | Non-concordance | Non-concordance |
| — occupational invalidity | Non-concordance | Non-concordance |
| 3. Mariners' scheme | Concordance (6) | Concordance (6) |
| FRANCE | 1. General scheme: | | |
| — Group III (constant attendance) | Concordance | Concordance |
| — Group II | Concordance | Concordance |
| — Group I | Concordance | Concordance |
| 2. Agricultural scheme: | | |
| — total general invalidity | Concordance | Concordance |
| — two-thirds general invalidity | Concordance | Concordance |
| — constant attendance | Concordance | Concordance |
| 3. Miners' scheme | | |
| — two-thirds general invalidity | Concordance | Concordance |
| — constant attendance | Concordance | Concordance |
| — total general invalidity | No concordance | No concordance |
| 4. Mariners' scheme: | | |
| — partial general invalidity | Concordance | Concordance |
| — constant attendance | Concordance | Concordance |
| — occupational invalidity | No concordance | No concordance |

Member State

Schemes administered by institutions of Member States which have taken a decision recognising the degree of invalidity

Schemes administered by Luxembourg institutions on which the decision is binding in cases of concordance

Invalidity — manual workers

Invalidity — clerical staff

BELGIUM

1. General scheme

Concordance

Concordance

2. Miners' scheme

— partial general invalidity

Non-concordance

Non-concordance

— occupational invalidity

Non-concordance

Non-concordance

3. Mariners' scheme

Concordance (6)

Concordance (6)

FRANCE

1. General scheme:

— Group III (constant attendance)

Concordance

Concordance

— Group II

Concordance

Concordance

— Group I

Concordance

Concordance

2. Agricultural scheme:

— total general invalidity

Concordance

Concordance

— two-thirds general invalidity

Concordance

Concordance

— constant attendance

Concordance

Concordance

3. Miners' scheme

— two-thirds general invalidity

Concordance

Concordance

— constant attendance

Concordance

Concordance

— total general invalidity

No concordance

No concordance

4. Mariners' scheme:

— partial general invalidity

Concordance

Concordance

— constant attendance

Concordance

Concordance

— occupational invalidity

No concordance

No concordance

---

(1)  Entries concerning concordance between Luxembourg and France or Belgium will be the subject of technical re-examination taking account of the changes which have been made to national legislation in Luxembourg.

(2)  In so far as the invalidity recognised by the Belgian institutions is general invalidity.

(3)  Only if the Belgian institution has recognised that the worker is unfit for work underground or at ground level.

(4)  Entries concerning concordance between Luxembourg and France or Belgium will be the subject of technical re-examination taking account of the changes which have been made to national legislation in Luxembourg.

(5)  Entries concerning concordance between Luxembourg and France or Belgium will be the subject of technical reexamination taking account of the changes which have been made to national legislation in Luxembourg.

(6)  In so far as the invalidity recognised by the Belgian institution is general invalidity.

ANNEX VIII

CASES IN WHICH THE INDEPENDENT BENEFIT IS EQUAL TO OR HIGHER THAN THE PRO-RATA BENEFIT

(Article 52(4))

| A. | DENMARK
  All applications for pensions referred to in the law on social pensions, except for pensions mentioned in Annex IX |
| --- | --- |

A.

DENMARK

All applications for pensions referred to in the law on social pensions, except for pensions mentioned in Annex IX

| B. | FRANCE
  All applications for pension benefits or survivor's benefits under supplementary retirement schemes for employees or self-employed workers, with the exception of applications for old-age or widow's pensions under the supplementary retirement scheme for professional cabin crew in civil aviation |
| --- | --- |

B.

FRANCE

All applications for pension benefits or survivor's benefits under supplementary retirement schemes for employees or self-employed workers, with the exception of applications for old-age or widow's pensions under the supplementary retirement scheme for professional cabin crew in civil aviation

| C. | IRELAND
  All applications for retirement pensions, old-age (contributory) pensions, widow's (contributory) pension and widower's (contributory) pension |
| --- | --- |

C.

IRELAND

All applications for retirement pensions, old-age (contributory) pensions, widow's (contributory) pension and widower's (contributory) pension

| D. | NETHERLANDS
  Where a person is entitled to a pension on the basis of the Netherlands' law on general old-age insurance (AOW) |
| --- | --- |

D.

NETHERLANDS

Where a person is entitled to a pension on the basis of the Netherlands' law on general old-age insurance (AOW)

| E. | PORTUGAL
  Invalidity, old-age and survivors' pension claims, except for the cases where the total periods of insurance completed under the legislation of more than one Member State are equal to or longer than 21 calendar years, the national periods of insurance are equal to, or less than, 20 years, and the calculation is made under Article 11 of Decree-Law No 35/2002, 19 February, which defines the rules for the determination of the pension amount. In such cases, by applying more favourable pension formation rates, the amount resulting from the pro-rata calculation may be higher than that resulting from the independent calculation. |
| --- | --- |

E.

PORTUGAL

Invalidity, old-age and survivors' pension claims, except for the cases where the total periods of insurance completed under the legislation of more than one Member State are equal to or longer than 21 calendar years, the national periods of insurance are equal to, or less than, 20 years, and the calculation is made under Article 11 of Decree-Law No 35/2002, 19 February, which defines the rules for the determination of the pension amount. In such cases, by applying more favourable pension formation rates, the amount resulting from the pro-rata calculation may be higher than that resulting from the independent calculation.

| F. | SWEDEN
  Earnings-related old-age pension (Act 1998:674), earnings-related survivor's pension in the form of adjustment pension and child's pension allowance when the death occurred before 1 January 2003 and widow's pension (Act 2000:461 and Act 2000:462) |
| --- | --- |

F.

SWEDEN

Earnings-related old-age pension (Act 1998:674), earnings-related survivor's pension in the form of adjustment pension and child's pension allowance when the death occurred before 1 January 2003 and widow's pension (Act 2000:461 and Act 2000:462)

| G. | UNITED KINGDOM
  All applications for retirement pension, widows' and bereavement benefits determined pursuant to the provisions of Title III, Chapter 5 of the Regulation, with the exception of those for which:






  (a) | during a tax year beginning on or after 6 April 1975:






  (i) | the party concerned had completed periods of insurance, employment or residence under the legislation of the United Kingdom and another Member State; and |
| --- | --- | --- | --- |

G.

UNITED KINGDOM

All applications for retirement pension, widows' and bereavement benefits determined pursuant to the provisions of Title III, Chapter 5 of the Regulation, with the exception of those for which:

(a)

during a tax year beginning on or after 6 April 1975:

(i)

the party concerned had completed periods of insurance, employment or residence under the legislation of the United Kingdom and another Member State; and

| (ii) | one (or more) of the tax years referred to in (i) was not considered a qualifying year within the meaning of the legislation of the United Kingdom; |
| --- | --- |

(ii)

one (or more) of the tax years referred to in (i) was not considered a qualifying year within the meaning of the legislation of the United Kingdom;

| (b) | the periods of insurance completed under the legislation in force in the United Kingdom for the periods prior to 5 July 1948 would be taken into account for the purposes of Article 52(1)(b) of the Regulation by application of the periods of insurance, employment or residence under the legislation of another Member State. |
| --- | --- |

(b)

the periods of insurance completed under the legislation in force in the United Kingdom for the periods prior to 5 July 1948 would be taken into account for the purposes of Article 52(1)(b) of the Regulation by application of the periods of insurance, employment or residence under the legislation of another Member State.

ANNEX IX

BENEFITS AND AGREEMENTS WHICH ALLOW THE APPLICATION OF ARTICLE 54

| I. | Benefits referred to in Article 54(2)(a) of the Regulation, the amount of which is independent of the length of periods of insurance or residence completed






  A. | BELGIUM
  Benefits relating to the general invalidity scheme, the special invalidity scheme for miners and the special scheme for merchant navy mariners
  Benefits on insurance for self-employed persons against incapacity to work
  Benefits relating to invalidity in the overseas social insurance scheme and the invalidity scheme for former employees of the Belgian Congo and Ruanda-Urundi |
| --- | --- | --- |

I.

Benefits referred to in Article 54(2)(a) of the Regulation, the amount of which is independent of the length of periods of insurance or residence completed

A.

BELGIUM

Benefits relating to the general invalidity scheme, the special invalidity scheme for miners and the special scheme for merchant navy mariners

Benefits on insurance for self-employed persons against incapacity to work

Benefits relating to invalidity in the overseas social insurance scheme and the invalidity scheme for former employees of the Belgian Congo and Ruanda-Urundi

| B. | DENMARK
  The full Danish national old-age pension acquired after 10 years' residence by persons who will have been awarded a pension by 1 October 1989 |
| --- | --- |

B.

DENMARK

The full Danish national old-age pension acquired after 10 years' residence by persons who will have been awarded a pension by 1 October 1989

| C. | GREECE
  Benefits under Law No 4169/1961 relating to the agricultural insurance scheme (OGA) |
| --- | --- |

C.

GREECE

Benefits under Law No 4169/1961 relating to the agricultural insurance scheme (OGA)

| D. | SPAIN
  Survivors' pensions granted under the general and special schemes, with the exception of the Special Scheme for Civil Servants |
| --- | --- |

D.

SPAIN

Survivors' pensions granted under the general and special schemes, with the exception of the Special Scheme for Civil Servants

| E. | FRANCE
  Invalidity pension under the general social security system or under the agricultural workers scheme
  Widower's or widow's invalidity pension under the general social security system or under the agricultural workers scheme where it is calculated on the basis of the deceased spouse's invalidity pension settled in accordance with Article 52(1)(a) |
| --- | --- |

E.

FRANCE

Invalidity pension under the general social security system or under the agricultural workers scheme

Widower's or widow's invalidity pension under the general social security system or under the agricultural workers scheme where it is calculated on the basis of the deceased spouse's invalidity pension settled in accordance with Article 52(1)(a)

| F. | IRELAND
  Type A Invalidity Pension |
| --- | --- |

F.

IRELAND

Type A Invalidity Pension

| G. | NETHERLANDS
  The law of 18 February 1966 on invalidity insurance for employees, as amended (WAO)
  The law of 24 April 1997 on invalidity insurance for self-employed persons, as amended (WAZ)
  The law of 21 December 1995 on general insurance for surviving dependants (ANW) |
| --- | --- |

G.

NETHERLANDS

The law of 18 February 1966 on invalidity insurance for employees, as amended (WAO)

The law of 24 April 1997 on invalidity insurance for self-employed persons, as amended (WAZ)

The law of 21 December 1995 on general insurance for surviving dependants (ANW)

| H. | FINLAND
  National pensions to persons who are born disabled or become disabled at an early age (National Pensions Act 547/93)
  National pensions determined according to the National Pensions Act of 8 June 1956 and awarded under the transitional rules of the National Pensions Act (547/93)
  The additional amount of the child's pension in accordance with the Survivors Pension Act of 17 January 1969 |
| --- | --- |

H.

FINLAND

National pensions to persons who are born disabled or become disabled at an early age (National Pensions Act 547/93)

National pensions determined according to the National Pensions Act of 8 June 1956 and awarded under the transitional rules of the National Pensions Act (547/93)

The additional amount of the child's pension in accordance with the Survivors Pension Act of 17 January 1969

| I. | SWEDEN
  Earnings-related survivor's pension in the form of child's pension allowance and adjustment pension when the death occurred on 1 January 2003 or later when the deceased was born in 1938 or later (Act 2000:461) |
| --- | --- |

I.

SWEDEN

Earnings-related survivor's pension in the form of child's pension allowance and adjustment pension when the death occurred on 1 January 2003 or later when the deceased was born in 1938 or later (Act 2000:461)

| II. | Benefits referred to in Article 54(2)(b) of the Regulation, the amount of which is determined by reference to a credited period deemed to have been completed between the date on which the risk materialised and a later date






  A. | GERMANY
  Invalidity and survivors' pensions, for which account is taken of a supplementary period
  Old-age pensions, for which account is taken of a supplementary period already acquired |
| --- | --- | --- |

II.

Benefits referred to in Article 54(2)(b) of the Regulation, the amount of which is determined by reference to a credited period deemed to have been completed between the date on which the risk materialised and a later date

A.

GERMANY

Invalidity and survivors' pensions, for which account is taken of a supplementary period

Old-age pensions, for which account is taken of a supplementary period already acquired

| B. | SPAIN
  The pensions for retirement or retirement for permanent disability (invalidity) under the Special Scheme for Civil Servants due under Title I of the consolidated text of the Law on State Pensioners if at the time of materialisation of the risk the beneficiary was an active civil servant or treated as such; death and survivors' (widows'/widowers', orphans' and parents') pensions due under Title I of the consolidated text of the Law on State Pensioners if at the time of death the civil servant was active or treated as such |
| --- | --- |

B.

SPAIN

The pensions for retirement or retirement for permanent disability (invalidity) under the Special Scheme for Civil Servants due under Title I of the consolidated text of the Law on State Pensioners if at the time of materialisation of the risk the beneficiary was an active civil servant or treated as such; death and survivors' (widows'/widowers', orphans' and parents') pensions due under Title I of the consolidated text of the Law on State Pensioners if at the time of death the civil servant was active or treated as such

| C. | ITALY
  Italian pensions for total incapacity for work (inabilità) |
| --- | --- |

C.

ITALY

Italian pensions for total incapacity for work (inabilità)

| D. | LUXEMBOURG
  Invalidity and survivors' pensions |
| --- | --- |

D.

LUXEMBOURG

Invalidity and survivors' pensions

| E. | FINLAND
  Employment pensions for which account is taken of future periods according to the national legislation |
| --- | --- |

E.

FINLAND

Employment pensions for which account is taken of future periods according to the national legislation

| F. | SWEDEN
  Sickness benefit and activity compensation in the form of guarantee benefit (Act 1962:381)
  Survivor's pension calculated on the basis of assumed insurance periods (Act 2000:461 and 2000:462)
  Old-age pension in the form of guarantee pension calculated on the basis of assumed periods previously counted (Act 1998:702) |
| --- | --- |

F.

SWEDEN

Sickness benefit and activity compensation in the form of guarantee benefit (Act 1962:381)

Survivor's pension calculated on the basis of assumed insurance periods (Act 2000:461 and 2000:462)

Old-age pension in the form of guarantee pension calculated on the basis of assumed periods previously counted (Act 1998:702)

| III. | Agreements referred to in Article 54(2)(b)(i) of the Regulation intended to prevent the same credited period being taken into account two or more times:
  The Social Security Agreement of 28 April 1997 between the Republic of Finland and the Federal Republic of Germany
  The Social Security Agreement of 10 November 2000 between the Republic of Finland and the Grand Duchy of Luxembourg
  Nordic Convention of 15 June 1992 on social security |
| --- | --- |

III.

Agreements referred to in Article 54(2)(b)(i) of the Regulation intended to prevent the same credited period being taken into account two or more times:

The Social Security Agreement of 28 April 1997 between the Republic of Finland and the Federal Republic of Germany

The Social Security Agreement of 10 November 2000 between the Republic of Finland and the Grand Duchy of Luxembourg

Nordic Convention of 15 June 1992 on social security

ANNEX X

SPECIAL NON-CONTRIBUTORY CASH BENEFITS

(Article 70(2)(c))

The content of this Annex shall be determined by the European Parliament and by the Council in accordance with the Treaty as soon as possible and at the latest before the date of application of this Regulation as referred to in Article 91.

ANNEX XI

SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF THE MEMBER STATES

(Articles 51(3), 56(1) and 83)

The content of this Annex shall be determined by the European Parliament and by the Council in accordance with the Treaty as soon as possible and at the latest before the date of application of this Regulation as referred to in Article 91.

P5_TA(2004)0294

Minimum safety requirements for tunnels in the Trans-European Road Network ***II

European Parliament legislative resolution on the Council common position for adopting a European Parliament and Council directive on minimum safety requirements for tunnels in the Trans-European Road Network (5238/1/2004 — C5-0118/2004 — 2002/0309(COD))

(Codecision procedure: second reading)

The European Parliament,

| — | having regard to the Council common position (5238/1/2004 — C5-0118/2004) (1), |
| --- | --- |

—

having regard to the Council common position (5238/1/2004 — C5-0118/2004) (1),

| — | having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2002) 769) (3), |
| --- | --- |

—

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2002) 769) (3),

| — | having regard to the amended proposal (COM(2004) 147) (4), |
| --- | --- |

—

having regard to the amended proposal (COM(2004) 147) (4),

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

—

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

| — | having regard to Rule 78 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 78 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Regional Policy, Transport and Tourism (A5-0249/2004), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Regional Policy, Transport and Tourism (A5-0249/2004),

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

1.

Approves the common position;

| 2. | Notes that the act is adopted in accordance with the common position; |
| --- | --- |

2.

Notes that the act is adopted in accordance with the common position;

| 3. | Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty; |
| --- | --- |

3.

Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

| 4. | Instructs its Secretary-General duly to sign the act and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union; |
| --- | --- |

4.

Instructs its Secretary-General duly to sign the act and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union;

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

5.

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

---

(1)  Not yet published in the OJ.

(2)  Texts Adopted, 9.10.2003, P5_TA(2003)0425.

(3)  Not yet published in the OJ.

(4)  Not yet published in the OJ.

P5_TA(2004)0295

Quality of ambient air ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council directive on arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air (COM(2003) 423 — C5-0331/2003 — 2003/0164(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 423) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 423) (1),

| — | having regard to Articles 251(2) and Article 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0331/2003), |
| --- | --- |

—

having regard to Articles 251(2) and Article 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0331/2003),

| — | 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 the Environment, Public Health and Consumer Policy (A5-0047/2004), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Consumer Policy (A5-0047/2004),

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

1.

Approves the Commission proposal as amended;

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

2.

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

| 3. | Instructs its President to forward its position to the Council and 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)0164

Position of the European Parliament adopted at first reading on 20 April 2004 with a view to the adoption of European Parliament and Council Directive 2004/.../EC relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

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

Having regard to the opinion of the European Economic and Social
  Committee

   (2),

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

Whereas:

| (1) | On the basis of principles enshrined in Article 175(3) of the Treaty, the Sixth Community Environment Action Programme adopted by Decision No 1600/2002/EC of the European Parliament and of the Council (4) establishes the need to attain levels of pollution which minimise harmful effects on human health
  , paying particular attention to sensitive populations,
  and the environment
  as a whole,
  and to improve the monitoring and assessment of air quality including the deposition of pollutants, and to provide information to the public. |
| --- | --- |

(1)

On the basis of principles enshrined in Article 175(3) of the Treaty, the Sixth Community Environment Action Programme adopted by Decision No 1600/2002/EC of the European Parliament and of the Council (4) establishes the need to attain levels of pollution which minimise harmful effects on human health
  , paying particular attention to sensitive populations,
  and the environment
  as a whole,
  and to improve the monitoring and assessment of air quality including the deposition of pollutants, and to provide information to the public.

| (2) | Article 4(1) of Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management (5), foresees that the Commission would submit proposals for regulating the pollutants listed in Annex I to that Directive taking into account the provisions laid down in paragraphs 3 and 4 of that Article. |
| --- | --- |

(2)

Article 4(1) of Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management (5), foresees that the Commission would submit proposals for regulating the pollutants listed in Annex I to that Directive taking into account the provisions laid down in paragraphs 3 and 4 of that Article.

| (3) | Scientific evidence shows that arsenic, cadmium, nickel and some polycyclic aromatic hydrocarbons are human genotoxic carcinogens and that there is no identifiable threshold below which these substances do not pose a risk to human health. Impact on human health and the environment occurs via concentrations in ambient air, and via deposition. With a view to
  economic feasibility
  , ambient air concentrations of arsenic, cadmium, nickel and polycyclic aromatic hydrocarbons, which would not pose a significant risk to human health, cannot be achieved in specific areas. |
| --- | --- |

(3)

Scientific evidence shows that arsenic, cadmium, nickel and some polycyclic aromatic hydrocarbons are human genotoxic carcinogens and that there is no identifiable threshold below which these substances do not pose a risk to human health. Impact on human health and the environment occurs via concentrations in ambient air, and via deposition. With a view to
  economic feasibility
  , ambient air concentrations of arsenic, cadmium, nickel and polycyclic aromatic hydrocarbons, which would not pose a significant risk to human health, cannot be achieved in specific areas.

| (4) | With the aim of minimising harmful effects on human health, paying particular attention to sensitive populations, and the environment as a whole, of airborne arsenic, cadmium and nickel and polycyclic aromatic hydrocarbons, target values shall be set, to be attained as far as possible.
  Benzo(a)pyrene shall be used as a marker for the carcinogenic risk of polycyclic aromatic hydrocarbons in ambient
  air
  . |
| --- | --- |

(4)

With the aim of minimising harmful effects on human health, paying particular attention to sensitive populations, and the environment as a whole, of airborne arsenic, cadmium and nickel and polycyclic aromatic hydrocarbons, target values shall be set, to be attained as far as possible.
  Benzo(a)pyrene shall be used as a marker for the carcinogenic risk of polycyclic aromatic hydrocarbons in ambient
  air
  .

| (5) | The target values
  would not require any measures entailing
  disproportionate
  costs. Regarding industrial installations they would not
  involve measures
  beyond the application of BAT as required by Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (6)
  and in particular would not lead to the
  closure of
  installations. However
  , they would require Member States to take all cost-effective abatement measures in the relevant
  sectors. |
| --- | --- |

(5)

The target values
  would not require any measures entailing
  disproportionate
  costs. Regarding industrial installations they would not
  involve measures
  beyond the application of BAT as required by Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (6)
  and in particular would not lead to the
  closure of
  installations. However
  , they would require Member States to take all cost-effective abatement measures in the relevant
  sectors.

| (6) | In particular, the target values of this Directive are not to be considered as environmental quality standards as defined in Article 2(7) of Directive 96/61/EC and which, according to Article 10 of that Directive, require stricter conditions than those achievable by the use of best available techniques. |
| --- | --- |

(6)

In particular, the target values of this Directive are not to be considered as environmental quality standards as defined in Article 2(7) of Directive 96/61/EC and which, according to Article 10 of that Directive, require stricter conditions than those achievable by the use of best available techniques.

| (7) | In
  accordance with Article 176 of the Treaty, Member States may maintain or introduce more stringent protective measures relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons provided that they are compatible with the Treaty and that they are notified to the Commission. |
| --- | --- |

(7)

In
  accordance with Article 176 of the Treaty, Member States may maintain or introduce more stringent protective measures relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons provided that they are compatible with the Treaty and that they are notified to the Commission.

| (8) | Where concentrations exceed certain assessment thresholds monitoring of arsenic, cadmium, nickel and benzo(a)pyrene shall be mandatory. Supplementary means of assessment may reduce the required number of sampling points for fixed measurements. Further monitoring of background ambient air concentrations and deposition is foreseen. |
| --- | --- |

(8)

Where concentrations exceed certain assessment thresholds monitoring of arsenic, cadmium, nickel and benzo(a)pyrene shall be mandatory. Supplementary means of assessment may reduce the required number of sampling points for fixed measurements. Further monitoring of background ambient air concentrations and deposition is foreseen.

| (9) | Mercury is a very hazardous substance for human health and the environment. It is present throughout the environment and, in the form of methylmercury, has the capacity to accumulate in organisms, and in particular to concentrate in organisms higher up the food chain. Mercury released into the atmosphere is capable of being transported over long distances. |
| --- | --- |

(9)

Mercury is a very hazardous substance for human health and the environment. It is present throughout the environment and, in the form of methylmercury, has the capacity to accumulate in organisms, and in particular to concentrate in organisms higher up the food chain. Mercury released into the atmosphere is capable of being transported over long distances.

| (10) | The Commission intends to come forward in 2004 with a coherent strategy containing measures to protect human health and the environment from the release of mercury, based on a life-cycle approach, and taking into account production, use, waste treatment and emissions. In this context, the Commission should consider all appropriate measures with a view to reducing the quantity of mercury in terrestrial and aquatic ecosystems, and thereby the ingestion of mercury via food, and avoiding mercury in certain products. |
| --- | --- |

(10)

The Commission intends to come forward in 2004 with a coherent strategy containing measures to protect human health and the environment from the release of mercury, based on a life-cycle approach, and taking into account production, use, waste treatment and emissions. In this context, the Commission should consider all appropriate measures with a view to reducing the quantity of mercury in terrestrial and aquatic ecosystems, and thereby the ingestion of mercury via food, and avoiding mercury in certain products.

| (11) | The effects of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons on human health, including via the food chain, and the environment as a whole, occur through concentrations in ambient air and via deposition; the accumulation of these substances in soils and the protection of ground water have to be taken into account.
  In order to facilitate review of this Directive in
  2010
  , the Commission and the Member States should consider promoting research into the effects of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons on human health and the environment, particularly via deposition. |
| --- | --- |

(11)

The effects of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons on human health, including via the food chain, and the environment as a whole, occur through concentrations in ambient air and via deposition; the accumulation of these substances in soils and the protection of ground water have to be taken into account.
  In order to facilitate review of this Directive in
  2010
  , the Commission and the Member States should consider promoting research into the effects of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons on human health and the environment, particularly via deposition.

| (12) | Standardised accurate measurement techniques and common criteria for the location of measuring stations are important elements in assessing ambient air quality so that the information obtained is comparable throughout the Community.
  Providing reference measurement methods is acknowledged to be an important issue. The Commission has already mandated work on the preparation of CEN standards for the measurement of those constituents in ambient air where target values are defined (arsenic, cadmium, nickel and benzo(a)pyrene) as well as for the deposition of heavy metals with a view to their early development and adoption. In the absence of CEN standard methods, international or national standard reference measurement methods can be used
  . |
| --- | --- |

(12)

Standardised accurate measurement techniques and common criteria for the location of measuring stations are important elements in assessing ambient air quality so that the information obtained is comparable throughout the Community.
  Providing reference measurement methods is acknowledged to be an important issue. The Commission has already mandated work on the preparation of CEN standards for the measurement of those constituents in ambient air where target values are defined (arsenic, cadmium, nickel and benzo(a)pyrene) as well as for the deposition of heavy metals with a view to their early development and adoption. In the absence of CEN standard methods, international or national standard reference measurement methods can be used
  .

| (13) | Information on the concentrations and the deposition of the regulated pollutants should be forwarded to the Commission as a basis for regular reports. |
| --- | --- |

(13)

Information on the concentrations and the deposition of the regulated pollutants should be forwarded to the Commission as a basis for regular reports.

| (14) | Up-to-date information on ambient air concentrations and deposition of regulated pollutants should be readily available to the public. |
| --- | --- |

(14)

Up-to-date information on ambient air concentrations and deposition of regulated pollutants should be readily available to the public.

| (15) | The Member States should lay down rules on penalties applicable to infringements of the provisions of this Directive and ensure that they are implemented. Those penalties must be effective, proportionate and dissuasive. |
| --- | --- |

(15)

The Member States should lay down rules on penalties applicable to infringements of the provisions of this Directive and ensure that they are implemented. Those penalties must be effective, proportionate and dissuasive.

| (16) | The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. (7) |
| --- | --- |

(16)

The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. (7)

| (17) | The amendments necessary for adaptation to scientific and technical progress should relate solely to criteria and techniques for the assessment of concentrations and deposition of regulated pollutants or detailed arrangements for forwarding information to the Commission. They should not have the effect of modifying the target
  values
  either directly or indirectly, |
| --- | --- |

(17)

The amendments necessary for adaptation to scientific and technical progress should relate solely to criteria and techniques for the assessment of concentrations and deposition of regulated pollutants or detailed arrangements for forwarding information to the Commission. They should not have the effect of modifying the target
  values
  either directly or indirectly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Objectives

This Directive:

| (a) | establishes a target value for the concentration of
  arsenic, cadmium, nickel and
  benzo(a)pyrene in ambient air so as to avoid, prevent or reduce harmful effects of
  arsenic, cadmium, nickel and
  polycyclic aromatic hydrocarbons on human health
  and the environment as a whole
  ; |
| --- | --- |

(a)

establishes a target value for the concentration of
  arsenic, cadmium, nickel and
  benzo(a)pyrene in ambient air so as to avoid, prevent or reduce harmful effects of
  arsenic, cadmium, nickel and
  polycyclic aromatic hydrocarbons on human health
  and the environment as a whole
  ;

| (b) | ensures
  , with respect to arsenic, cadmium, nickel and polycyclic aromatic hydrocarbons,
  that ambient air quality is maintained where it is good and that it is improved in other
  cases
  ; |
| --- | --- |

(b)

ensures
  , with respect to arsenic, cadmium, nickel and polycyclic aromatic hydrocarbons,
  that ambient air quality is maintained where it is good and that it is improved in other
  cases
  ;

| (c) | determines common methods and criteria for the assessment of concentrations of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air as well as of the deposition of arsenic, cadmium,
  nickel,
  mercury and polycyclic aromatic hydrocarbons; |
| --- | --- |

(c)

determines common methods and criteria for the assessment of concentrations of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air as well as of the deposition of arsenic, cadmium,
  nickel,
  mercury and polycyclic aromatic hydrocarbons;

| (d) | ensures that adequate information on concentrations of arsenic, cadmium,
  nickel,
  mercury, nickel and polycyclic aromatic hydrocarbons in ambient air as well as on the deposition of arsenic, cadmium, mercury and polycyclic aromatic hydrocarbons is obtained and ensures that it is made available to the public. |
| --- | --- |

(d)

ensures that adequate information on concentrations of arsenic, cadmium,
  nickel,
  mercury, nickel and polycyclic aromatic hydrocarbons in ambient air as well as on the deposition of arsenic, cadmium, mercury and polycyclic aromatic hydrocarbons is obtained and ensures that it is made available to the public.

Article 2

Definitions

For the purposes of this Directive the definitions in Article 2 of Directive 96/62/EC, with the exception of the definition of ‘target value’, shall apply.

The following definitions shall also apply:

| (a) | ‘target value’ means a concentration in the ambient air fixed with the aim of
  avoiding, preventing or reducing
  harmful effects on human health and the environment
  as a whole, to be attained where possible over a given period
  ; |
| --- | --- |

(a)

‘target value’ means a concentration in the ambient air fixed with the aim of
  avoiding, preventing or reducing
  harmful effects on human health and the environment
  as a whole, to be attained where possible over a given period
  ;

| (b) | ‘total or bulk deposition’ means the total mass of pollutants which is transferred from the atmosphere to surfaces (e.g. soil, vegetation, water, buildings, etc.) onto a given area within a given time; |
| --- | --- |

(b)

‘total or bulk deposition’ means the total mass of pollutants which is transferred from the atmosphere to surfaces (e.g. soil, vegetation, water, buildings, etc.) onto a given area within a given time;

| (c) | ‘
  upper
  assessment threshold’ means a level specified in
  Annex II below which a combination of measurements and modelling techniques may be used to assess ambient air quality
  , in accordance with
  Article 6(3) of Directive 96/62/EC
  ; |
| --- | --- |

(c)

‘
  upper
  assessment threshold’ means a level specified in
  Annex II below which a combination of measurements and modelling techniques may be used to assess ambient air quality
  , in accordance with
  Article 6(3) of Directive 96/62/EC
  ;

| (d) | ‘lower assessment threshold’ means a level specified in Annex II below which the sole use of modelling or objective estimation techniques may be used to assess ambient air quality, in accordance with Article 6(4) of Directive 96/62/EC
  ; |
| --- | --- |

(d)

‘lower assessment threshold’ means a level specified in Annex II below which the sole use of modelling or objective estimation techniques may be used to assess ambient air quality, in accordance with Article 6(4) of Directive 96/62/EC
  ;

| (e) | ‘fixed measurements’ means measurements taken at fixed sites either continuously or by random sampling
  , in accordance with Article 6(5) of Directive 96/62/EC
  ; |
| --- | --- |

(e)

‘fixed measurements’ means measurements taken at fixed sites either continuously or by random sampling
  , in accordance with Article 6(5) of Directive 96/62/EC
  ;

| (f) | ‘arsenic’, ‘cadmium’, ‘nickel’ and ‘benzo(a)pyrene’ mean the total content of these elements
  and compounds
  in the PM10 fraction; |
| --- | --- |

(f)

‘arsenic’, ‘cadmium’, ‘nickel’ and ‘benzo(a)pyrene’ mean the total content of these elements
  and compounds
  in the PM10 fraction;

| (g) | ‘PM10’ means particulate matter which passes through a size-selective inlet as defined in
  EN 12341
  with a 50 % efficiency cut-off at 10 μm aerodynamic diameter; |
| --- | --- |

(g)

‘PM10’ means particulate matter which passes through a size-selective inlet as defined in
  EN 12341
  with a 50 % efficiency cut-off at 10 μm aerodynamic diameter;

| (h) | ‘polycyclic aromatic hydrocarbons’ means those organic compounds, composed of at least two fused aromatic rings made entirely from carbon and hydrogen; |
| --- | --- |

(h)

‘polycyclic aromatic hydrocarbons’ means those organic compounds, composed of at least two fused aromatic rings made entirely from carbon and hydrogen;

| (i) | ‘total gaseous mercury’ means elemental mercury vapour (Hg0) and reactive gaseous mercury, i.e. water-soluble mercury species with sufficiently high vapour pressure to exist in the gas phase. |
| --- | --- |

(i)

‘total gaseous mercury’ means elemental mercury vapour (Hg0) and reactive gaseous mercury, i.e. water-soluble mercury species with sufficiently high vapour pressure to exist in the gas phase.

Article 3

Target values

1.   Member States shall take all necessary measures not entailing
  disproportionate
  costs to ensure that
  , as from 31 December 2012,
  concentrations of
  arsenic, cadmium, nickel and
  benzo(a)pyrene
  , used as a marker for the carcinogenic risk of polycyclic aromatic hydrocarbons,
  in ambient air, as assessed in accordance with Article 4, do not exceed
  the target values laid down in Annex I
  .

2.   Member States shall draw up a list of zones and agglomerations in which the levels of
  arsenic, cadmium, nickel and
  benzo(a)pyrene are below the
  respective target values
  . Member States shall maintain the levels of
  these pollutants
  in these zones and agglomerations below the
  respective target values
  and shall endeavour to preserve the best ambient air quality, compatible with sustainable development.

3.   Member States shall draw up a list of the zones and agglomerations where the target
  values
  laid down in
  Annex I are
  exceeded.

For such zones and agglomerations, Member States shall specify the areas of exceedance and the sources contributing to this exceedance. In the areas concerned Member States must demonstrate the application of all necessary measures not entailing
  disproportionate
  costs,
  directed
  in particular at the predominant emission sources,
  in order to attain the target values. In the case of industrial installations covered by Directive 96/61/EC this means
  the application of best available techniques as defined by Article 2(11) of
  that Directive.

Article 4

Assessment of ambient air concentrations and deposition rates

1.   Ambient air quality of arsenic, cadmium, nickel
  and benzo(a)pyrene shall
  be assessed throughout the territory of the Member
  States.

2.   
  In accordance with the criteria referred to in paragraph 7, measurement is mandatory in the following zones:

| — | zones and agglomerations in which levels are between the upper and the lower assessment threshold, and |
| --- | --- |

—

zones and agglomerations in which levels are between the upper and the lower assessment threshold, and

| — | other zones and agglomerations where levels exceed the upper assessment threshold. |
| --- | --- |

—

other zones and agglomerations where levels exceed the upper assessment threshold.

The measurements provided for may be supplemented by modelling techniques to provide an adequate level of information on ambient air quality.

3.
     
  A combination of measurements, including indicative measurements as laid down in Annex IV, Section I, and modelling techniques may be used to assess ambient air quality in zones and agglomerations where the levels over a representative period are between the upper and lower assessment thresholds, to be determined in accordance with the provisions referred to in Annex II, Section II.

4.
     
  In zones and agglomerations where the levels are below the lower assessment level, to be determined in accordance with the provisions referred to in Annex II, Section II, the sole use of modelling or objective estimation techniques for assessing levels shall be possible.

5.
     
  Where pollutants have to be measured, the measurements shall be taken at fixed sites either continuously or by random sampling; the number of measurements shall be sufficiently large to enable the levels to be determined.

6.
     
  The upper and lower assessment thresholds for arsenic, cadmium, nickel and benzo(a)pyrene in ambient air shall be those laid down in Section I of Annex II. The classification of each zone or agglomeration for the purposes of this article shall be reviewed at least every five years in accordance with the procedure laid down in Section II of Annex II to this Directive. Classification shall be reviewed earlier in the event of significant change in activities relevant to concentrations of arsenic, cadmium, nickel and benzo(a)pyrene, in ambient air.

7.   
  The criteria for determining the location of sampling points for the measurement of arsenic, cadmium, nickel and benzo(a)pyrene in ambient air in order to assess compliance with the target values shall be those listed in Sections I and II of Annex III.
  The minimum number of sampling points for fixed measurements of concentrations
  of each pollutant
  shall be as laid down in Section IV of
  Annex III,
  and they shall be installed in each zone or agglomeration within which measurement is required
  if fixed measurement is the sole source of data on concentrations within it
  .

8.
     
  To assess the contribution of benzo(a)pyrene in ambient air each Member State shall monitor other relevant polycyclic aromatic hydrocarbons at a limited number of measurement sites. These compounds shall include at least: benzo(a)anthracene, benzo(b)fluoranthene, benzo(j)fluoranthene, benzo(k)fluoranthene, indeno(1,2,3-cd)pyrene, and dibenz(a,h)anthracene. Monitoring sites for these polycyclic aromatic hydrocarbons shall be co-located with sampling sites for benzo(a)pyrene and must be selected in such a way that geographical variation and long-term trends can be identified. Sections I, II and III of Annex III shall apply.

9.   Irrespective of concentration levels one
  background
  sampling point
  shall
  be installed every
  100 000 km2

  for the indicative measurement
  , in ambient air,
  of arsenic, cadmium,
  nickel,
  total gaseous
  mercury, benzo(a)pyrene
  and
  the other
  polycyclic aromatic
  hydrocarbon compounds referred to in paragraph 8
  and of the total deposition of arsenic, cadmium,
  nickel,
  mercury
  , benzo(a)pyrene
  and
  the other
  polycyclic aromatic hydrocarbons
  referred to in paragraph 8
  . Each Member State shall set up at least one measuring station
  ; however, Member States may, by agreement, and in accordance with guidelines to be drawn up under the procedure laid down in Article 6, set up one or several common measuring stations, covering neighbouring zones in adjoining Member States, to achieve the necessary spatial resolution. Measurement of particulate and gaseous divalent mercury is also recommended
  . Where appropriate, monitoring should be co-ordinated with the EMEP monitoring strategy and measurement programme.
  The sampling sites for these pollutants should be selected in such a way that geographical variation and long-term trends can be identified. Sections I, II and III of Annex III shall apply.

10.   
  The
  use of
  bio indicators
  may be considered where regional patterns of the impact on ecosystems shall be assessed.

11.
     
  For zones and agglomerations within which information from fixed measurement stations is supplemented by information from other sources, such as emission inventories, indicative measurement methods and air quality modelling, the number of fixed measuring stations to be installed and the spatial resolution of other techniques shall be sufficient for the concentrations of air pollutants to be established in accordance with Section I of Annex III and Section I of Annex IV.

12.   
  Data
  quality objectives
  are
  laid down in Section I of Annex IV. Where air quality models are used for assessment, Section II of Annex IV shall apply.

13.   The reference methods for the sampling and analysis of arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons
  in ambient air
  shall be as laid down in
  Sections I, II and III of Annex V. Section IV of Annex V will set out reference techniques for measuring the total deposition of arsenic, cadmium, nickel, mercury and the polycyclic aromatic hydrocarbons and Section V of Annex V refers to reference air quality modelling techniques when such techniques are available.

14.   The date by which Member States shall inform the Commission of the methods used for the preliminary assessment of air quality under point (d) of Article 11(1) of Directive 96/62/EC shall be the date set out in Article 10 of this Directive.

15.   Any amendments necessary to adapt the provisions of
  this Article and
  of Section II of
  Annex II
  and of Annexes III to V to scientific and technical progress shall be adopted in accordance with the procedure referred to in Article 6(2) but may not result in any direct or indirect changes
  to target values.

Article 5

Transmission of information and reporting

1.   With regard to the zones and agglomerations where any of the
  target values
  laid down in Annex I is exceeded, Member States shall forward the following information to the Commission:

| (a) | the lists of the zones and agglomerations concerned, |
| --- | --- |

(a)

the lists of the zones and agglomerations concerned,

| (b) | the areas of exceedance, |
| --- | --- |

(b)

the areas of exceedance,

| (c) | the concentration values assessed, |
| --- | --- |

(c)

the concentration values assessed,

| (d) | the reasons for exceedance, and in particular any sources contributing to it, |
| --- | --- |

(d)

the reasons for exceedance, and in particular any sources contributing to it,

| (e) | the population exposed to
  such exceedance. |
| --- | --- |

(e)

the population exposed to
  such exceedance.

Member States shall also report all data assessed in accordance with Article 4
  , unless already reported under Council Decision 97/101/EC of 27 January 1997 establishing a reciprocal exchange of information and data from networks and original stations measuring ambient air pollution within the Member States (8)

  .

The information shall be transmitted for each calendar year, no later than 30 September of the following year, and for the first time
  for the calendar year following the date referred to in Article 10.

2.   In addition to the requirements laid down in paragraph 1 Member States shall
  also report
  any measures taken pursuant to
  Article 3
  .

3.   The Commission shall ensure that all information submitted pursuant to paragraph 1 is promptly made available to the public by appropriate means
  , such as Internet, press and other easily accessible media
  .

4.   The Commission shall adopt, in accordance with the procedure referred to in Article 6(2), any detailed arrangements for forwarding the information to be provided under paragraph 1 of this Article.

Article 6

Committee

1.   The Commission shall be assisted by the committee established by Article 12(2) of Directive
  96/62/EC
  .

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

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

Article 7

Public information

1.   Member States shall ensure that clear and comprehensible information is accessible and is routinely made available to the public as well as to appropriate organisations, such as environmental organisations, consumer organisations, organisations representing the interests of sensitive populations and other relevant health-care bodies, on ambient air concentrations of arsenic, cadmium,
  nickel,
  mercury and
  benzo(a)pyrene and the other
  polycyclic aromatic hydrocarbons
  referred to in Article 4(8)
  as well as on deposition rates of arsenic, cadmium,
  nickel,
  mercury and
  benzo(a)pyrene and the other
  polycyclic aromatic hydrocarbons
  referred to in Article 4(8).

2.   The information shall also indicate any annual exceedance of the target
  values
  for
  arsenic, cadmium, nickel and
  benzo(a)pyrene laid down in
  Annex I.
  The information shall give the reasons for the exceedance and the area to which it applies. It shall also provide a short assessment in relation to the target value and appropriate information regarding effects on health
  and impact on the environment
  .

Information on any measures taken pursuant to
  Article 3
  shall be made available to the organisations referred to in paragraph 1 of this Article.

3.   The information shall be made available by means of, for example,
  Internet,
  press,
  and other easily accessible media.

Article 8

Report and Review

1.   The Commission shall, by
  31 December 2010
  at the latest, submit to the European Parliament and the Council a report based on the experience acquired in the application of this Directive and, in particular, on the results of the most recent scientific research concerning the effects on human health, paying particular attention to sensitive populations,
  and on the environment as a whole,
  of exposure to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons, and on technological developments including the progress achieved in methods of measuring and otherwise assessing concentrations of these pollutants in ambient air as well as their deposition.

2.   The report referred to in paragraph 1 shall take into
  account
  :

| (a) | current air quality, trends and projections up to and beyond 2015; |
| --- | --- |

(a)

current air quality, trends and projections up to and beyond 2015;

| (b) | the scope for making further reductions in polluting emissions from all relevant sources,
  and the possible merit in introducing limit values aimed at reducing the risk to human health, for the pollutants listed in Annex I,
  taking account of technical feasibility and cost-effectiveness
  and any significant additional health and environmental protection that this would provide
  ; |
| --- | --- |

(b)

the scope for making further reductions in polluting emissions from all relevant sources,
  and the possible merit in introducing limit values aimed at reducing the risk to human health, for the pollutants listed in Annex I,
  taking account of technical feasibility and cost-effectiveness
  and any significant additional health and environmental protection that this would provide
  ;

| (c) | the relationships between pollutants and opportunities for combined strategies for improving Community air quality and related objectives; |
| --- | --- |

(c)

the relationships between pollutants and opportunities for combined strategies for improving Community air quality and related objectives;

| (d) | current and future requirements for informing the public and for the exchange of information between Member States and Commission; |
| --- | --- |

(d)

current and future requirements for informing the public and for the exchange of information between Member States and Commission;

| (e) | the experience acquired in the application of this Directive in Member States, and in particular the conditions under which measurement has been carried out as laid down in Annex III; |
| --- | --- |

(e)

the experience acquired in the application of this Directive in Member States, and in particular the conditions under which measurement has been carried out as laid down in Annex III;

| (f) | secondary economic benefits for the environment and health in reducing the emissions of arsenic, cadmium, nickel, mercury and polycyclic aromatic hydrocarbons to the extent that these can be assessed; |
| --- | --- |

(f)

secondary economic benefits for the environment and health in reducing the emissions of arsenic, cadmium, nickel, mercury and polycyclic aromatic hydrocarbons to the extent that these can be assessed;

| (g) | the adequacy of the particle size fraction used for sampling in view of general particulate matter measurement requirements; |
| --- | --- |

(g)

the adequacy of the particle size fraction used for sampling in view of general particulate matter measurement requirements;

| (h) | the suitability of benzo(a)pyrene as a marker for the total carcinogenic activity of polycyclic aromatic hydrocarbons, having regard to predominantly gaseous forms of polycyclic aromatic hydrocarbons such as fluoranthene. |
| --- | --- |

(h)

the suitability of benzo(a)pyrene as a marker for the total carcinogenic activity of polycyclic aromatic hydrocarbons, having regard to predominantly gaseous forms of polycyclic aromatic hydrocarbons such as fluoranthene.

In the light of the latest scientific and technological developments the Commission shall also examine the effect of arsenic, cadmium and nickel on human health with a view to quantifying their genotoxic carcinogenicity. Taking account of measures adopted pursuant to the mercury strategy the Commission shall also consider whether there would be merit in taking further action in relation to mercury, taking account of technical feasibility and cost-effectiveness and any significant additional health and environmental protection that this would provide.

3.   With a view to achieving levels of ambient air concentrations that would
  further reduce
  harmful effects on human health and would
  lead to a high level of
  protection of the environment
  as a whole,
  taking into account the economic and technical feasibility of further action, the report referred to in paragraph 1 may be accompanied, if appropriate, by proposals for amendments to this Directive
  , particularly taking into account the results obtained in accordance with paragraph 2
  . In addition the Commission shall consider regulating the deposition of
  arsenic,
  cadmium,
  nickel,
  mercury and specific polycyclic aromatic hydrocarbons.

Article 9

Penalties

Member States shall determine the penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all the measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.

Article 10

Implementation

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [... (9)] 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.

2.   The Member States shall communicate to the Commission the texts of the main provisions of national law, which they adopt in the field covered by this Directive.

Article 11

Entry into force

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

Article 12

Addressees

This Directive is addressed to the Member States.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C ...

1

(2)  OJ C ...

2

(3)  Position of the European Parliament of 20 April 2004.

3

Position of the European Parliament of 20 April 2004.

(4)  OJ L 242, 10.9.2002, p. 1.

4

(5)  OJ L 296, 21.11.1996, p. 55. Directive as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

5

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

(6)  OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regulation (EC) No 1882/2003.

6

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

7

(8)  OJ L 35, 5.2.1997, p. 14. Decision as amended by Commission Decision 2001/752/EC (OJ L 282, 26.10.2001, p. 69).

8

(9)  
  24
  months after the entry into force of this Directive.

9

24

the

of this Directive

ANNEX I

TARGET VALUES FOR ARSENIC, CADMIUM, NICKEL AND BENZO(A)PYRENE

| Pollutant | Target value

   (1) |
| --- | --- |
| Arsenic | 6 ng/m3 |
| Cadmium | 5 ng/m3 |
| Nickel | 20 ng/m3 |
| Benzo(a)pyrene | 1 ng/m3 |

Pollutant

Target value

   (1)

Arsenic

6 ng/m3

Cadmium

5 ng/m3

Nickel

20 ng/m3

Benzo(a)pyrene

1 ng/m3

---

(1)  For the total content in the PM10 fraction averaged over a calendar
  year.

ANNEX II

DETERMINATION OF REQUIREMENTS FOR ASSESSMENT OF CONCENTRATIONS OF ARSENIC, CADMIUM, NICKEL AND BENZO(A)PYRENE IN AMBIENT AIR WITHIN A ZONE OR AGGLOMERATION

I.   Upper and lower assessment thresholds. The following upper and lower assessment thresholds will apply:

| | Arsenic | Cadmium | Nickel | B(a)P |
| --- | --- | --- | --- | --- |
| Upper assessment threshold in percent of the target value | 60% (3,6 ng/m3) | 60% (3 ng/m3) | 70% (14 ng/m3) | 60% (0,6 ng/m3) |
| Lower assessment threshold in percent of the target value | 40% (2,4 ng/m3) | 40% (2 ng/m3) | 50% (10 ng/m3) | 40% (0,4 ng/m3) |

Arsenic

Cadmium

Nickel

B(a)P

Upper assessment threshold in percent of the target value

60% (3,6 ng/m3)

60% (3 ng/m3)

70% (14 ng/m3)

60% (0,6 ng/m3)

Lower assessment threshold in percent of the target value

40% (2,4 ng/m3)

40% (2 ng/m3)

50% (10 ng/m3)

40% (0,4 ng/m3)

II.   Determination of exceedances of upper and lower assessment thresholds

Exceedances of upper and lower assessment thresholds must be determined on the basis of concentrations during the previous five years where sufficient data are available. An assessment threshold will be deemed to have been exceeded if it has been exceeded during at least three separate years out of those previous five years.

Where fewer than five years' data are available, Member States may combine measurement campaigns of short duration during the period of the year and at locations likely to be typical of the highest pollution levels with results obtained from information from emission inventories and modelling to determine exceedances of the upper and lower assessment thresholds.

ANNEX III

LOCATION AND MINIMUM NUMBER OF SAMPLING POINTS FOR THE MEASUREMENT OF CONCENTRATIONS IN AMBIENT AIR AND DEPOSITION RATES

I. Macroscale siting

The sites of sampling points should be selected in such a way as to:

| — | to provide data on the areas within zones and agglomerations where the population is likely to be directly or indirectly exposed to the highest concentrations averaged over a calendar year; |
| --- | --- |

—

to provide data on the areas within zones and agglomerations where the population is likely to be directly or indirectly exposed to the highest concentrations averaged over a calendar year;

| — | to provide data on levels in other areas within zones and agglomerations which are representative of the exposure of the general population. |
| --- | --- |

—

to provide data on levels in other areas within zones and agglomerations which are representative of the exposure of the general population.

| — | to provide data on deposition rates representing the indirect exposure of the population through the food chain. |
| --- | --- |

—

to provide data on deposition rates representing the indirect exposure of the population through the food chain.

Sampling points should in general be sited so as to avoid measuring very small micro-environments in their immediate vicinity. As a guideline, a sampling point should be representative of air quality in surrounding areas of no less than 200 m2 at traffic-orientated sites, at least
  250m × 250m
  at industrial sites
  , where feasible,
  and several square kilometres at urban-background sites.

Where the objective is to assess background levels the sampling site should not be influenced by agglomerations or industrial sites in its vicinity, i.e. sites closer than a few
  kilometres.

Where
  contributions from industrial sources shall be assessed at least one sampling point shall be installed downwind of the source in the nearest residential area. Where the background concentration is not known an additional sampling point shall be situated within the main wind direction. In particular where Article 3(3) applies, the sampling points should be sited such that the application of best available techniques can be monitored.

Sampling points should also, where possible, be representative of similar locations not in their immediate vicinity. Where appropriate they should be co-located with sampling points for PM10.

II. Microscale siting

The following guidelines should be met as far as practicable:

| — | the flow around the inlet sampling probe should be unrestricted, without any obstructions affecting the airflow in the vicinity of the sampler (normally some metres away from buildings, balconies, trees and other obstacles and at least 0,5 m from the nearest building in the case of sampling points representing air quality at the building line); |
| --- | --- |

—

the flow around the inlet sampling probe should be unrestricted, without any obstructions affecting the airflow in the vicinity of the sampler (normally some metres away from buildings, balconies, trees and other obstacles and at least 0,5 m from the nearest building in the case of sampling points representing air quality at the building line);

| — | in general, the inlet sampling point should be between 1,5 m (the breathing zone) and 4 m above the ground. Higher positions (up to 8 m) may be necessary in some circumstances. Higher siting may also be appropriate if the station is representative of a large area; |
| --- | --- |

—

in general, the inlet sampling point should be between 1,5 m (the breathing zone) and 4 m above the ground. Higher positions (up to 8 m) may be necessary in some circumstances. Higher siting may also be appropriate if the station is representative of a large area;

| — | the inlet probe should not be positioned in the immediate vicinity of sources in order to avoid direct intake of emissions unmixed with ambient air; |
| --- | --- |

—

the inlet probe should not be positioned in the immediate vicinity of sources in order to avoid direct intake of emissions unmixed with ambient air;

| — | the sampler's exhaust outlet should be positioned so that recirculation of exhaust air to the sample inlet is avoided; |
| --- | --- |

—

the sampler's exhaust outlet should be positioned so that recirculation of exhaust air to the sample inlet is avoided;

| — | traffic-orientated sampling points should be at least 25 metres from the edge of major junctions and at least 4 m from the centre of the nearest traffic lane; inlets should be
  sited so as to be representative of air quality near to the building line; |
| --- | --- |

—

traffic-orientated sampling points should be at least 25 metres from the edge of major junctions and at least 4 m from the centre of the nearest traffic lane; inlets should be
  sited so as to be representative of air quality near to the building line;

| — | for the deposition measurements in rural background areas, the EMEP guidelines and criteria should be applied as far as practicable and where not provided for in these annexes. |
| --- | --- |

—

for the deposition measurements in rural background areas, the EMEP guidelines and criteria should be applied as far as practicable and where not provided for in these annexes.

The following factors may also be taken into account:

| — | interfering sources; |
| --- | --- |

—

interfering sources;

| — | security; |
| --- | --- |

—

security;

| — | access; |
| --- | --- |

—

access;

| — | availability of electrical power and telephone communications; |
| --- | --- |

—

availability of electrical power and telephone communications;

| — | visibility of the site in relation to its surroundings; |
| --- | --- |

—

visibility of the site in relation to its surroundings;

| — | safety of public and operators; |
| --- | --- |

—

safety of public and operators;

| — | the desirability of co-locating sampling points for different pollutants; |
| --- | --- |

—

the desirability of co-locating sampling points for different pollutants;

| — | planning requirements. |
| --- | --- |

—

planning requirements.

III. Documentation and review of site selection

The site selection procedures should be fully documented at the classification stage by such means as compass-point photographs of the surrounding area and a detailed map. Sites should be reviewed at regular intervals with repeated documentation to ensure that selection criteria remain valid over time.

IV. Criteria for determining numbers of sampling points for fixed measurement of concentrations of arsenic, cadmium, nickel and benzo(a)pyrene in ambient air

Minimum number of sampling points for fixed measurement to assess compliance with target values for the protection of human health in zones and agglomerations where fixed measurement is the sole source of information.

| (a) | Diffuse sources













  Population of agglomeration or zone (thousands) | If maximum concentrations exceed the upper assessment threshold

   (1) | If maximum concentrations are between the upper and lower assessment thresholds |
| --- | --- | --- | --- |
| | As, Cd, Ni | B(a)P | As, Cd, Ni | B(a)P |
| 0 — 749 | 1 | 1 | 1 | 1 |
| 750 — 1 999 | 2 | 2 | 1 | 1 |
| 2 000 — 3 749 | 2 | 3 | 1 | 1 |
| 3 750 — 4 749 | 3 | 4 | 2 | 2 |
| 4 750 — 5 999 | 4 | 5 | 2 | 2 |
| ≥ 6 000 | 5 | 5 | 2 | 2 |

(a)

Diffuse sources

Population of agglomeration or zone (thousands)

If maximum concentrations exceed the upper assessment threshold

   (1)

If maximum concentrations are between the upper and lower assessment thresholds

As, Cd, Ni

B(a)P

As, Cd, Ni

B(a)P

0 — 749

1

1

1

1

750 — 1 999

2

2

1

1

2 000 — 3 749

2

3

1

1

3 750 — 4 749

3

4

2

2

4 750 — 5 999

4

5

2

2

≥ 6 000

5

5

2

2

| (b) | Point sources



  For the assessment of pollution in the vicinity of point sources, the number of sampling points for fixed measurement should be determined taking into account emission densities, the likely distribution patterns of ambient air pollution and potential exposure of the population.


  The sampling points should be sited such that the application of best available techniques as defined by Article 2(11) of Directive 96/61/EC can be monitored. |
| --- | --- |

(b)

Point sources

---

(1)  To include
  at least
  one
  urban-background
  station
  and for benzo(a)pyrene also
  one traffic-oriented station provided this does not increase the number of sampling points.

ANNEX IV

DATA QUALITY OBJECTIVES AND REQUIREMENTS FOR AIR QUALITY MODELS

I.   Data quality objectives

The following data quality objectives are provided as a guide to quality-assurance.

| | Benzo(a)pyrene | Arsenic, cadmium and nickel | Polycyclic aromatic hydrocarbons other than benzo(a)pyrene, total gaseous mercury | Total deposition |
| --- | --- | --- | --- | --- |
| Uncertainty | | | | |
| Fixed and Indicative measurements | 50% | 40% | 50% | 70% |
| Modelling | 60% | 60% | 60% | 60% |
| — Minimum data capture | 90% | 90% | 90% | 90% |
| — Minimum time coverage: | | | | |
| Fixed Measurements | 33% | 50% | — | |
| Indicative measurements (1) | 14% | 14% | 14% | 33% |

Benzo(a)pyrene

Arsenic, cadmium and nickel

Polycyclic aromatic hydrocarbons other than benzo(a)pyrene, total gaseous mercury

Total deposition

Uncertainty

Fixed and Indicative measurements

50%

40%

50%

70%

Modelling

60%

60%

60%

60%

— Minimum data capture

90%

90%

90%

90%

— Minimum time coverage:

Fixed Measurements

33%

50%

—

Indicative measurements (1)

14%

14%

14%

33%

The uncertainty (expressed at a 95 % confidence level) of the methods used for the assessment of ambient air concentrations will be evaluated in accordance with the principles of the CEN Guide to the Expression of Uncertainty in Measurement (
  ENV
  13005-1999), the methodology of ISO 5725:1994, and the guidance provided in the
  CEN Report Air Quality — Approach to uncertainty estimation for ambient air reference measurement methods (CR 14377:2002E). The percentages for uncertainty are given for
  individual measurements, which are averaged over typical sampling times
  , for a 95 % confidence interval
  . The uncertainty of the measurements should be interpreted as being applicable in the region of the appropriate
  target value. Fixed and indicative measurements must be evenly distributed over the year in order to avoid skewing of results.

The requirements for minimum data capture and time coverage do not include losses of data due to regular calibration or normal maintenance of the instrumentation. Twenty-four-hour sampling is required for the measurement of benzo(a)pyrene and other polycyclic aromatic hydrocarbons.
  With care, individual samples taken over a period of up to one month can be combined and analysed as a composite sample, provided the method ensures that the samples are stable for that period. The three congeners benzo(b)fluoranthene, benzo(j)fluoranthene, benzo(k)fluoranthene can be difficult to resolve analytically. In such cases they can be reported as sum. Twenty-four hour sampling
  is also advisable for the measurement of arsenic, cadmium and nickel concentrations. Sampling must be spread evenly over the weekdays and the year. For the measurement of deposition rates monthly,
  or weekly,
  samples throughout the year are recommended.
  Member States may use wet only instead of bulk sampling if they can demonstrate that the difference between them is within 10 %. Deposition rates should generally be given as μg/m2 per day.

Member States may apply a minimum time coverage lower than indicated in the table, but not lower than 14 % for fixed measurements and 6 % for indicative measurements provided that they can demonstrate that the 95 % expanded uncertainty for the annual mean, calculated from the data quality objectives in the table according to ISO 11222:2002 — ‘Determination of the uncertainty of the time average of air quality measurements’ will be met.

II.   Requirements for air quality models

Where an air quality model is used to for assessment, references to descriptions of the model and information on the uncertainty shall be compiled. The uncertainty for modelling is defined as the maximum deviation of the measured and calculated concentration levels, over a full year, without taking into account the timing of the
  events.

III.
     
  Requirements for objective estimation techniques

Where objective estimation techniques are used the uncertainty shall not exceed 100 %.

IV.
     
  Standardisation

For substances to be analysed in the PM10 fraction the sampling volume refers to ambient conditions.

---

(1)  
  Indicative measurement being measurements which are performed at reduced regularity but fulfil the other data quality objectives.

ANNEX V

REFERENCE METHODS FOR ASSESSMENT OF CONCENTRATIONS IN AMBIENT AIR AND DEPOSITION RATES

I. Reference method for the sampling and analysis of arsenic, cadmium and nickel in ambient air

The reference method for the measurement of arsenic, cadmium and nickel concentrations in ambient air is currently being standardised by CEN and shall be based on manual PM10 sampling equivalent to EN 12341, followed by digestion of the samples and analysis by Atomic Adsorption Spectrometry or ICP Mass Spectrometry. In the absence of a CEN standard method, Member States are allowed to use national standard methods or ISO standard methods.

A Member State may also use any other methods which it can demonstrate gives results equivalent to the above method.

II. Reference method for the sampling and analysis of polycyclic aromatic hydrocarbons in ambient air

The reference method for the measurement of benzo(a)pyrene concentrations in ambient air is currently being standardised by CEN and shall be based on manual PM10 sampling equivalent to EN 12341. In the absence of a CEN standard method, for benzo(a)pyrene or the other polycyclic aromatic hydrocarbons referred to in Article
  4(8)
  , the Member States are allowed to use national standard methods or ISO methods such as ISO standard 12884.

A Member State may also use any other methods which it can demonstrate gives results equivalent to the above method.

III. Reference method for the sampling and analysis of mercury in ambient air

The reference method for the measurement of total gaseous mercury concentrations in ambient air shall be an automated method based on Atomic Absorption Spectrometry or Atomic Fluorescence
  Spectrometry. In
  the absence of a CEN standardised method, the Member States are allowed to use national standard methods or ISO standard methods.

A Member State may also use any other methods which it can demonstrate gives results equivalent to the above method.

IV. Reference method for the sampling and analysis of the deposition of arsenic, cadmium,
  nickel,
  mercury and polycyclic aromatic hydrocarbons

The reference method for the sampling of deposited arsenic, cadmium,
  nickel,
  mercury and polycyclic aromatic hydrocarbons shall be based on the exposition of cylindrical deposit gauges with standardised dimensions. In the absence of a CEN standardised method, the Member States are allowed to use national standard methods.

V. Reference air quality modelling techniques

Reference air quality modelling techniques cannot be specified at present. Any amendments to adapt this point to scientific and technical progress must be adopted in accordance with the procedure laid down in Article 6.

P5_TA(2004)0296

Cooperation on consumer protection ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council regulation on cooperation between national authorities responsible for the enforcement of consumer protection laws (‘the regulation on consumer protection cooperation’) (COM(2003) 443 — C5-0335/2003 — 2003/0162(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 443) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 443) (1),

| — | having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0335/2003), |
| --- | --- |

—

having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0335/2003),

| — | 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 Legal Affairs and the Internal Market and the opinion of the Committee on the Environment, Public Health and Consumer Policy (A5-0191/2004), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the Internal Market and the opinion of the Committee on the Environment, Public Health and Consumer Policy (A5-0191/2004),

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

1.

Approves the Commission proposal as amended;

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

2.

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

| 3. | Instructs its President to forward its position to the Council and 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)0162

Position of the European Parliament adopted at first reading on 20 April 2004 with a view to the adoption of Regulation (EC) No .../2004 of the European Parliament and of the Council on cooperation between national authorities responsible for the enforcement of consumer protection laws (‘the regulation on consumer protection cooperation’)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

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

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

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

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

Whereas:

| (1) | The Council resolution of 8 July 1996 (5) acknowledged that a continuing effort is required to improve cooperation between administrations and invited the Member States and the Commission to examine as a matter of priority the possibility of reinforcing administrative cooperation in the enforcement of legislation. |
| --- | --- |

(1)

The Council resolution of 8 July 1996 (5) acknowledged that a continuing effort is required to improve cooperation between administrations and invited the Member States and the Commission to examine as a matter of priority the possibility of reinforcing administrative cooperation in the enforcement of legislation.

| (2) | Existing national enforcement arrangements for the laws that protect consumers' interests are not adapted to the challenges of enforcement in the internal market and effective and efficient enforcement cooperation in these cases is not currently possible. These difficulties give rise to barriers to cooperation between public authorities to detect, investigate and bring about the cessation of infringements of the laws that protect consumers' interests in cross-border cases. The resulting lack of effective enforcement in cross-border cases enables sellers and suppliers to evade enforcement attempts by relocating within the Community. This gives rise to a distortion of competition for law-abiding sellers and suppliers operating either domestically or cross-border. The difficulties of enforcement in cross-border cases also undermines the confidence of consumers in taking up cross-border offers and hence their confidence in the internal market. |
| --- | --- |

(2)

Existing national enforcement arrangements for the laws that protect consumers' interests are not adapted to the challenges of enforcement in the internal market and effective and efficient enforcement cooperation in these cases is not currently possible. These difficulties give rise to barriers to cooperation between public authorities to detect, investigate and bring about the cessation of infringements of the laws that protect consumers' interests in cross-border cases. The resulting lack of effective enforcement in cross-border cases enables sellers and suppliers to evade enforcement attempts by relocating within the Community. This gives rise to a distortion of competition for law-abiding sellers and suppliers operating either domestically or cross-border. The difficulties of enforcement in cross-border cases also undermines the confidence of consumers in taking up cross-border offers and hence their confidence in the internal market.

| (3) | It is therefore appropriate to facilitate cooperation between public authorities responsible for enforcement of consumer protection in dealing with intra-Community infringements and contribute to improving the smooth functioning of the internal market, the quality and consistency of enforcement of consumer protection laws and the monitoring of the protection of consumers' economic interests. |
| --- | --- |

(3)

It is therefore appropriate to facilitate cooperation between public authorities responsible for enforcement of consumer protection in dealing with intra-Community infringements and contribute to improving the smooth functioning of the internal market, the quality and consistency of enforcement of consumer protection laws and the monitoring of the protection of consumers' economic interests.

| (4) | Enforcement cooperation arrangements exist in Community legislation, to protect consumers above and beyond their economic interest (not least where health is concerned). Best practice should be exchanged between the networks established by this Regulation and these other networks. |
| --- | --- |

(4)

Enforcement cooperation arrangements exist in Community legislation, to protect consumers above and beyond their economic interest (not least where health is concerned). Best practice should be exchanged between the networks established by this Regulation and these other networks.

| (5) | Since the objectives of the proposed action cannot be sufficiently achieved by the Member States because they cannot ensure cooperation and co-ordination by acting alone and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(5)

Since the objectives of the proposed action cannot be sufficiently achieved by the Member States because they cannot ensure cooperation and co-ordination by acting alone and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

| (6) | The scope of the provisions on mutual assistance in this Regulation should be limited to intra-Community infringements of Community
  legislation
  on consumer protection. The effectiveness with which infringements at national level are pursued should ensure that there is no discrimination between national and intra-Community transactions. This Regulation does not affect the responsibilities of the Commission with regard to infringements of Community law by the Member States.
  Nor does the Regulation confer on the Commission powers to stop intra-Community infringements defined in the Regulation. |
| --- | --- |

(6)

The scope of the provisions on mutual assistance in this Regulation should be limited to intra-Community infringements of Community
  legislation
  on consumer protection. The effectiveness with which infringements at national level are pursued should ensure that there is no discrimination between national and intra-Community transactions. This Regulation does not affect the responsibilities of the Commission with regard to infringements of Community law by the Member States.
  Nor does the Regulation confer on the Commission powers to stop intra-Community infringements defined in the Regulation.

| (7) | The protection of consumers from cross-border infringements requires the establishment of a network of public enforcement authorities throughout the Community and these authorities require a minimum of common investigation and enforcement powers to apply this Regulation effectively and to deter sellers or suppliers from committing intra-Community infringements. |
| --- | --- |

(7)

The protection of consumers from cross-border infringements requires the establishment of a network of public enforcement authorities throughout the Community and these authorities require a minimum of common investigation and enforcement powers to apply this Regulation effectively and to deter sellers or suppliers from committing intra-Community infringements.

| (8) | The ability of competent authorities to cooperate freely on a reciprocal basis in exchanging information, detecting and investigating intra-Community infringements and in taking action to bring about their cessation or prohibition is essential to guaranteeing the smooth functioning of the internal market and the protection of consumers. |
| --- | --- |

(8)

The ability of competent authorities to cooperate freely on a reciprocal basis in exchanging information, detecting and investigating intra-Community infringements and in taking action to bring about their cessation or prohibition is essential to guaranteeing the smooth functioning of the internal market and the protection of consumers.

| (9) | Competent authorities should also make use of
  other
  powers
  or measures available
  to them at national level
  , including
  to initiate or refer matters for criminal prosecution to also bring about the cessation or prohibition of intra-Community infringements without delay as a result of a request for mutual assistance, where this is appropriate. |
| --- | --- |

(9)

Competent authorities should also make use of
  other
  powers
  or measures available
  to them at national level
  , including
  to initiate or refer matters for criminal prosecution to also bring about the cessation or prohibition of intra-Community infringements without delay as a result of a request for mutual assistance, where this is appropriate.

| (10) | Information exchanged between competent authorities should be subject to the strictest guarantees of confidentiality and secrecy in order to ensure investigations are not compromised or the reputation of sellers or suppliers unfairly harmed.
  Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (6) and Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (7) apply in the context of this Regulation. |
| --- | --- |

(10)

Information exchanged between competent authorities should be subject to the strictest guarantees of confidentiality and secrecy in order to ensure investigations are not compromised or the reputation of sellers or suppliers unfairly harmed.
  Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (6) and Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (7) apply in the context of this Regulation.

| (11) | The
  enforcement challenges that exist go beyond the frontiers of the European Union and the interests of European consumers need to be protected from rogue traders based in third countries. Hence, there is a need for international agreements with third countries regarding mutual assistance in the enforcement of the laws that protect consumers' interests to be negotiated. These international agreements should be negotiated at Community level
  in the areas covered by
  this Regulation in order to ensure the optimum protection of European consumers and the smooth functioning of enforcement cooperation with third countries. |
| --- | --- |

(11)

The
  enforcement challenges that exist go beyond the frontiers of the European Union and the interests of European consumers need to be protected from rogue traders based in third countries. Hence, there is a need for international agreements with third countries regarding mutual assistance in the enforcement of the laws that protect consumers' interests to be negotiated. These international agreements should be negotiated at Community level
  in the areas covered by
  this Regulation in order to ensure the optimum protection of European consumers and the smooth functioning of enforcement cooperation with third countries.

| (12) | It is appropriate to co-ordinate at Community level the enforcement activities of the Member States in respect of intra-Community infringements in order to improve the application of this Regulation and contribute to raising the standard and consistency of enforcement. |
| --- | --- |

(12)

It is appropriate to co-ordinate at Community level the enforcement activities of the Member States in respect of intra-Community infringements in order to improve the application of this Regulation and contribute to raising the standard and consistency of enforcement.

| (13) | It is appropriate to co-ordinate at Community level the administrative cooperation activities of the Member States, in respect of their intra-Community dimension, in order to contribute to improving the application of consumer protection laws, and this role has already been demonstrated in the establishment of the European extra-judicial network. |
| --- | --- |

(13)

It is appropriate to co-ordinate at Community level the administrative cooperation activities of the Member States, in respect of their intra-Community dimension, in order to contribute to improving the application of consumer protection laws, and this role has already been demonstrated in the establishment of the European extra-judicial network.

| (14) | Where the co-ordination of the activities of the Member States under this Regulation entails Community financial support, the decision to grant such support shall be taken in accordance with the procedures set out
  in Decision No 20/2004/EC
  of the European Parliament and of the Council of
  8 December 2003
  establishing a
  general
  framework for
  financing
  Community actions in support of consumer policy
  for the years
  2004-2007 (8), in particular Actions 5 and 10 set out in the Annex to that Decision and successor Decisions. |
| --- | --- |

(14)

Where the co-ordination of the activities of the Member States under this Regulation entails Community financial support, the decision to grant such support shall be taken in accordance with the procedures set out
  in Decision No 20/2004/EC
  of the European Parliament and of the Council of
  8 December 2003
  establishing a
  general
  framework for
  financing
  Community actions in support of consumer policy
  for the years
  2004-2007 (8), in particular Actions 5 and 10 set out in the Annex to that Decision and successor Decisions.

| (15) | Consumer organisations play an essential role in terms of consumer information and education and in the protection of consumer interests, including in the settlement of disputes, and should be encouraged to co-operate with competent authorities to enhance the application of this Regulation. |
| --- | --- |

(15)

Consumer organisations play an essential role in terms of consumer information and education and in the protection of consumer interests, including in the settlement of disputes, and should be encouraged to co-operate with competent authorities to enhance the application of this Regulation.

| (16) | The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (9). |
| --- | --- |

(16)

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (9).

| (17) | The effective monitoring of the application of this Regulation and the effectiveness of consumer protection requires regular reports from the Member States. |
| --- | --- |

(17)

The effective monitoring of the application of this Regulation and the effectiveness of consumer protection requires regular reports from the Member States.

| (18) | This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. Accordingly this Regulation should be interpreted and applied with respect to those rights and principles, |
| --- | --- |

(18)

This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. Accordingly this Regulation should be interpreted and applied with respect to those rights and principles,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

OBJECTIVE, DEFINITIONS, SCOPE AND COMPETENT AUTHORITIES

Article 1

Objective

This Regulation lays down the conditions under which the competent authorities in the Member States
  designated as
  responsible for the enforcement of the laws that protect consumers' interests
  are to
  cooperate with each other and with the Commission in order to ensure compliance with those laws and the smooth functioning of the internal market and in order to enhance the protection of consumers' economic interests.

Article 2

Scope

1.   The provisions on mutual assistance
  set out in Chapters II and III
  shall cover intra-Community infringements.

2.   This Regulation shall be without prejudice to the
  Community
  rules on private international law, in particular rules related to court jurisdiction and applicable law.

3.   This Regulation shall be without prejudice to
  the application in the Member States of measures relating to judicial cooperation in criminal and civil matters, in particular the operation of the European
  Judicial Network
  .

4.
     
  The provisions of this Regulation shall be without prejudice to the fulfilment by the Member States of any additional obligations in relation to mutual assistance on the protection of the collective economic interests of consumers, including in criminal matters, ensuing from other legal acts, including bilateral or multilateral agreements.

5.
     
  This Regulation shall be without prejudice to the application of Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers' interests (10)

  .

6.   This Regulation shall be without prejudice to Community law relating to the internal market, in particular those provisions concerning the free movement of goods and services.

7.   This Regulation shall be without prejudice to Community law relating to television broadcasting services.

Article 3

Definitions

For the purposes of this Regulation:

| a. | ‘laws that protect consumers’ interests' means the Directives listed in Annex I as transposed into the internal legal order of the Member States
  and the Regulations listed in Annex I
  . |
| --- | --- |

a.

‘laws that protect consumers’ interests' means the Directives listed in Annex I as transposed into the internal legal order of the Member States
  and the Regulations listed in Annex I
  .

| b. | ‘intra-Community infringement’ means any act
  or omission
  contrary to the laws that protect consumers' interests
  , as defined in point (a),
  that harms, or is likely to harm, the collective interests of consumers residing in a Member State or Member States other than the Member State where the act originated
  or took place; or where the responsible seller or supplier is established; or where evidence or assets pertaining to the act are to be found
  . |
| --- | --- |

b.

‘intra-Community infringement’ means any act
  or omission
  contrary to the laws that protect consumers' interests
  , as defined in point (a),
  that harms, or is likely to harm, the collective interests of consumers residing in a Member State or Member States other than the Member State where the act originated
  or took place; or where the responsible seller or supplier is established; or where evidence or assets pertaining to the act are to be found
  .

| c. | ‘competent authority’ means any public authority established either at national, regional or local level with specific responsibilities to
  enforce
  the laws that protect consumers' interests. |
| --- | --- |

c.

‘competent authority’ means any public authority established either at national, regional or local level with specific responsibilities to
  enforce
  the laws that protect consumers' interests.

| d. | ‘single liaison office’ means the public authority in each Member State designated as responsible for co-ordinating the application of this Regulation within that Member State. |
| --- | --- |

d.

‘single liaison office’ means the public authority in each Member State designated as responsible for co-ordinating the application of this Regulation within that Member State.

| e. | ‘competent official’ means
  an
  official
  of a competent authority designated as responsible for the application of this Regulation
  . |
| --- | --- |

e.

‘competent official’ means
  an
  official
  of a competent authority designated as responsible for the application of this Regulation
  .

| f. | ‘applicant authority’ means the competent authority that makes a request for mutual assistance. |
| --- | --- |

f.

‘applicant authority’ means the competent authority that makes a request for mutual assistance.

| g. | ‘requested authority’ means the competent authority that receives a request for mutual assistance. |
| --- | --- |

g.

‘requested authority’ means the competent authority that receives a request for mutual assistance.

| h. | ‘seller or supplier’ means any natural or legal person who, in respect of the laws that protect consumers' interests, is acting for purposes relating to his trade, business
  , craft
  or profession. |
| --- | --- |

h.

‘seller or supplier’ means any natural or legal person who, in respect of the laws that protect consumers' interests, is acting for purposes relating to his trade, business
  , craft
  or profession.

| i. | ‘
  market
  surveillance activities’ means the actions of a competent authority designed to detect whether intra-Community infringements have taken place within its
  territory
  . |
| --- | --- |

i.

‘
  market
  surveillance activities’ means the actions of a competent authority designed to detect whether intra-Community infringements have taken place within its
  territory
  .

| j. | ‘
  consumer
  complaint’ means a statement
  , supported by reasonable evidence,
  that a seller or supplier has committed, or is likely to commit, an infringement of the laws that protect consumers'
  interests
  . |
| --- | --- |

j.

‘
  consumer
  complaint’ means a statement
  , supported by reasonable evidence,
  that a seller or supplier has committed, or is likely to commit, an infringement of the laws that protect consumers'
  interests
  .

| k. | ‘
  collective
  interests of consumers’ means
  the interests
  of
  a number of
  consumers
  that have
  been harmed
  or are likely to be harmed
  by an infringement. |
| --- | --- |

k.

‘
  collective
  interests of consumers’ means
  the interests
  of
  a number of
  consumers
  that have
  been harmed
  or are likely to be harmed
  by an infringement.

Article 4

Competent authorities

1.   Each Member State shall designate the competent authorities and single liaison office responsible for the application of this Regulation.

2.
     
  Each Member State may, if necessary in order to fulfil the obligations under this Regulation, designate other public authorities. They may also designate bodies having a legitimate interest in the cessation of intra-Comunity infringements in accordance with Article 8(3).

3.   
  Each competent authority
  shall
  , without prejudice to paragraph 4,
  have the investigation and enforcement powers necessary for the application of this Regulation and shall exercise them in conformity with national law.

4.
     
  The competent authorities may exercise the powers referred to in paragraph 3 in conformity with national law either:

| (a) | directly under their own authority or under the supervision of the judicial authorities; or |
| --- | --- |

(a)

directly under their own authority or under the supervision of the judicial authorities; or

| (b) | by application to courts competent to grant the necessary decision, including, where appropriate, by appeal in the event that the application to grant the necessary decision is not successful. |
| --- | --- |

(b)

by application to courts competent to grant the necessary decision, including, where appropriate, by appeal in the event that the application to grant the necessary decision is not successful.

5.
     
  Insofar as competent authorities exercise their powers by application to the courts in accordance with paragraph 4(b), those courts shall be competent to grant the necessary decisions.

6.   
  The
  powers
  referred to in paragraph 3 shall only be exercised where there is a reasonable suspicion of an intra-Community infringement and
  shall include, at least, the right:

| (a) | to have access to any
  relevant document, in any form, related to the intra-Community infringement
  ; |
| --- | --- |

(a)

to have access to any
  relevant document, in any form, related to the intra-Community infringement
  ;

| (b) | to
  require
  the supply of
  relevant
  information
  related to the intra-Community infringement
  by any person; |
| --- | --- |

(b)

to
  require
  the supply of
  relevant
  information
  related to the intra-Community infringement
  by any person;

| (c) | to carry out
  necessary
  on-site inspections; |
| --- | --- |

(c)

to carry out
  necessary
  on-site inspections;

| (d) | to request in writing that the seller or supplier
  concerned
  cease the intra-Community infringement; |
| --- | --- |

(d)

to request in writing that the seller or supplier
  concerned
  cease the intra-Community infringement;

| (e) | to obtain from
  the seller
  or
  supplier
  responsible for intra-Community infringements
  an undertaking
  to cease the intra-Community infringement; and, where appropriate,
  to publish the resulting
  undertaking
  ; |
| --- | --- |

(e)

to obtain from
  the seller
  or
  supplier
  responsible for intra-Community infringements
  an undertaking
  to cease the intra-Community infringement; and, where appropriate,
  to publish the resulting
  undertaking
  ;

| (f) | to require the cessation or prohibition of any intra-Community
  infringement and, where appropriate,
  to publish resulting decisions; |
| --- | --- |

(f)

to require the cessation or prohibition of any intra-Community
  infringement and, where appropriate,
  to publish resulting decisions;

| (g) | to
  require
  the losing defendant
  to make
  payments into the public purse or to any beneficiary designated in or under national legislation, in the event of failure to comply with a
  decision. |
| --- | --- |

(g)

to
  require
  the losing defendant
  to make
  payments into the public purse or to any beneficiary designated in or under national legislation, in the event of failure to comply with a
  decision.

7.   
  Member States shall ensure that competent authorities have
  adequate resources necessary for the application of this Regulation. The
  competent officials
  shall observe professional standards and be subject to appropriate internal procedures or rules of conduct that ensure, in particular, the protection of
  individuals with regard to the processing of
  personal data, procedural fairness and the proper observance of the confidentiality and professional secrecy provisions established in Article 13.

8.   Each competent authority shall make known to the general public the rights and responsibilities conferred upon it under this Regulation.

9.   Each competent authority shall designate
  the
  competent
  officials
  .

Article 5

Lists

1.   Each Member State shall communicate to the Commission and other Member States the identities of the competent authorities, other public authorities and bodies having a legitimate interest in the cessation of intra-Community infringements
  and single liaison office designated under
  Article 4(1)
  .

2.   
  The
  Commission shall publish and update the list of single liaison offices and competent authorities in the Official Journal of the European Union.

CHAPTER II

MUTUAL ASSISTANCE

Article 6

Exchange of information on request

1.   A requested authority shall, on request from an applicant authority,
  in accordance with Article 4,
  supply any
  relevant
  information required to establish whether an intra-Community infringement has occurred or
  whether there is a reasonable suspicion it may occur
  . The requested authority shall supply the information requested without delay.

2.   The requested authority shall undertake, if necessary with the assistance of other public authorities,
  the appropriate investigations or any other necessary
  or appropriate
  measures
  in accordance with Article 4, in order to gather the required information.

3.   On request from the applicant authority,
  the requested authority may permit
  a competent official of the applicant authority
  to
  accompany the officials of the requested authority in the course of their investigations.

4.   The measures necessary for the implementation of this Article shall be adopted in accordance with the procedure referred to in Article 19(2).

Article 7

Exchange
  of information
  without request

1.   When a competent authority becomes aware of an intra-Community infringement, or
  reasonably suspects that such
  an infringement
  may occur
  , it shall notify the competent authorities of
  other Member
  States and the Commission, supplying all necessary information, without delay.

2.   When a competent authority takes further enforcement measures or receives requests for mutual assistance in relation to the intra-Community infringement, it shall notify the competent authorities of other Member States and the Commission.

3.   The measures necessary for the implementation of this Article shall be adopted in accordance with the procedure referred to in Article 19(2).

Article 8

Requests for enforcement measures

1.   A requested authority shall, on request from an applicant authority, take all necessary measures to bring about the cessation or prohibition of the intra-Community infringement without
  delay
  .

2.   In order to fulfil its obligations under paragraph 1, the requested authority shall exercise the powers set out under Article 4(6) and any additional powers granted to the requested authority under national law. The requested authority shall determine
  , if necessary with the assistance of other public authorities,
  the measures to be taken to bring about the cessation or prohibition of the intra-Community infringement in
  a proportionate,
  efficient and effective way.

3.
     
  The requested authority may also fulfil its obligations under paragraphs 1 and 2 by instructing a body designated in accordance with Article 4(2) as having a legitimate interest in the cessation of intra-Community infringements to take all necessary measures available to it under national law to bring about the cessation or prohibition of the intra-Community infringement on behalf of the requested authority. In the event of a failure by the body to bring about the cessation or prohibition of the intra-Community infringement without delay, the obligations of the requested authority under paragraphs 1 and 2 shall remain.

4.
     
  The requested authority may only take the measures set out in paragraph 3 if, after consultation with the applicant authority on the use of those measures, both applicant and requested authority are in agreement that:

| — | use of the measures in paragraph 3 is likely to bring about the cessation or prohibition of the intra-Community infringement in at least equally efficient and effective a way as action by the requested authority; and |
| --- | --- |

—

use of the measures in paragraph 3 is likely to bring about the cessation or prohibition of the intra-Community infringement in at least equally efficient and effective a way as action by the requested authority; and

| — | the instruction of the body designated under national law does not give rise to any disclosure to that body of information protected under Article 13. |
| --- | --- |

—

the instruction of the body designated under national law does not give rise to any disclosure to that body of information protected under Article 13.

5.
     
  In the event that the applicant authority is of the opinion that the conditions set out under paragraph 4 are not fulfilled, it shall inform the requested authority in writing, setting out the grounds for its opinion.

If the applicant authority and the requested authority are not in agreement, the requested authority may refer the matter to the Commission, which shall issue an opinion in accordance with the procedure referred to in Article 19(2).

6.   The requested authority
  may
  consult the applicant authority in the course of taking the enforcement measures
  referred to in paragraphs 1 and 2
  . The requested authority shall notify the applicant authority, the competent authorities of other Member States and the Commission of
  the
  measures
  taken and the effect thereof on the intra-Community infringement, including whether it has ceased,
  without delay.

7.   The measures necessary for the implementation of this Article shall be adopted in accordance with the procedure referred to in Article 19(2).

Article 9

Co-ordination of
  market
  surveillance and enforcement

1.   Competent authorities shall co-ordinate their
  market
  surveillance and enforcement activities. They shall exchange all information necessary to achieve this.

2.   When competent authorities become aware that an intra-Community infringement harms consumers in more than two Member States, the competent authorities concerned shall coordinate their enforcement actions and requests for mutual assistance
  via the single liaison office
  . In particular they shall seek to conduct simultaneous investigations and enforcement measures.

3.   The competent authorities shall inform the Commission in advance of this co-ordination and may invite the
  officials and other accompanying persons authorised by the
  Commission to participate.

4.   The measures necessary for the implementation of this Article shall be adopted in accordance with the procedure referred to in Article 19(2).

Article 10

Database

1.
     
  The Commission shall maintain an electronic database in which it shall store and process the information it receives under Articles 7, 8 and 9. The database shall be made available for consultation only by the competent authorities. In relation to their responsibilities to notify information for storage in the database and the processing of personal data involved therein, the competent authorities shall be regarded as controllers in accordance with Article 2(d) of Directive 95/46/EC. In relation to its responsibilities under this Article and the processing of personal data involved therein, the Commission shall be regarded as a controller in accordance with Article 2(d) of Regulation (EC) No 45/2001.

2.
     
  Where a competent authority establishes that an intra-Community infringement it has notified under Article 7 has subsequently proved to be unfounded, it shall withdraw the notification and the Commission shall without delay remove the information from the database. Where a requested authority notifies the Commission under Article 9 that an intra-Community infringement has ceased, the stored data related to the intra-Community infringement shall be deleted after five years.

3.
     
  The measures necessary for the implementation of this Article shall be adopted in accordance with the procedure referred to in Article 19(2).

CHAPTER III

GENERAL CONDITIONS GOVERNING MUTUAL ASSISTANCE

Article 11

General Responsibilities

1.   Competent authorities shall fulfil their obligations under this Regulation as though acting on behalf of consumers in their own country and on their own account or at the request of another competent authority in their own country.

2.   Member States shall take all necessary measures to ensure effective co-ordination of the application of this Regulation by the competent authorities, other public authorities, bodies having a legitimate interest in the cessation of intra-Community infringements
  designated by them
  and the competent courts, through the single liaison office.

3.
     
  Member States shall encourage co-operation between the competent authorities and any other bodies with a legitimate interest under national law in the cessation of intra-Community infringements to ensure that potential intra-Community infringements are notified to competent authorities without delay.

Article 12

Request and information exchange procedures

1.   The applicant authority shall ensure that all requests for mutual assistance contain sufficient information to enable a requested authority to fulfil the request
  , including any necessary evidence obtainable only in the territory of the applicant authority
  .

2.   Requests shall be sent
  by the applicant authority to the
  single liaison
  office of the requested authority, after having been forwarded by the single liaison office of the applicant authority. Requests shall be forwarded by the single liaison office of the requested authority
  to
  the appropriate
  competent
  authority without delay.

3.   Requests for assistance and
  all
  communication of
  information shall
  be made in writing, using a standard form and communicated electronically
  via the database established in Article 10
  .

4.   The languages used for requests and
  for
  the communication of information shall be agreed by the competent
  authorities in
  question before requests have been made.
  If no agreement can be reached, requests shall be communicated in the official language(s) of the Member State of the applicant authority and responses in the official language(s) of the Member State of the requested authority.

5.   Information communicated as a result of a request shall be communicated directly to the applicant authority
  and to the
  single liaison offices
  of the applicant and requested authorities simultaneously.

6.   The measures necessary for the implementation of this Article shall be adopted in accordance with the procedure referred to in Article 19(2).

Article 13

Use of information exchanged
  and protection of personal data and professional and commercial secrecy

1.   Information supplied may only be used for the purposes of ensuring compliance with the laws that protect consumers' interests.

2.   Competent authorities may invoke as evidence any information, documents, findings, statements, certified true copies or intelligence communicated pursuant to this Regulation on the same basis as similar documents obtained in their own country.

3.   Information communicated in any form
  to persons working for competent authorities, courts, other public authorities and the Commission,
  including
  information
  notified to the Commission and stored on the database referred to in
  Article 10, the disclosure of which would undermine:

| — | the protection of the privacy and the integrity of the individual, in particular in accordance with Community legislation regarding the protection of personal data; |
| --- | --- |

—

the protection of the privacy and the integrity of the individual, in particular in accordance with Community legislation regarding the protection of personal data;

| — | the commercial interests of a natural or legal person, including intellectual property; |
| --- | --- |

—

the commercial interests of a natural or legal person, including intellectual property;

| — | court proceedings and legal advice; or |
| --- | --- |

—

court proceedings and legal advice; or

| — | the purpose of inspections or investigations, |
| --- | --- |

—

the purpose of inspections or investigations,

shall be confidential and be covered by the obligation of professional secrecy, unless
  its disclosure is necessary to bring about the cessation or prohibition of an intra-Community infringement and
  the authority communicating the information consents to its
  disclosure
  .

4.   
  Member
  States shall for the purpose of applying this Regulation adopt the legislative measures necessary to
  restrict the rights and obligations under Articles 10, 11 and 12 of Directive 95/46/EC as necessary to
  safeguard the interests referred to in Article 13(1)(d) and (f) of that Directive. The Commission may restrict the rights and obligations under Articles 4(1), 11, 12(1), 13 to 17 and 37(1) of Regulation (EC) No 45/2001 where such restriction constitutes a necessary measure to safeguard the interests referred to in Article 20(1)(a) and (e) of that Regulation.

5.
     
  The measures necessary for the implementation of this Article shall be adopted in accordance with the procedure referred to in Article 19(2).

Article 14

Information exchange with third countries

1.   When a competent authority receives information from an authority of a third country, it shall supply the information to the relevant competent authorities of other Member States, in so far as it is permitted
  so to do
  by bilateral assistance agreements with the third country
  and in accordance with Community legislation regarding the protection of individuals with regard to the processing of personal data
  .

2.   Information communicated under this Regulation may also be supplied to an authority of a third country by a competent authority under an assistance agreement with the third country, provided the consent of the competent authority that originally supplied the information has been obtained
  and in accordance with Community legislation regarding the protection of individuals with regard to the processing of personal data.

Article 15

Conditions

1.   Member States shall waive all claims for the reimbursement of expenses incurred in applying this Regulation. However, the Member State of the applicant authority shall remain liable to the Member State of the requested authority for any costs and any losses incurred as a result of measures held to be unfounded by a court as far as the substance of the intra-Community infringement is concerned.

2.   A requested authority may refuse to comply with a request for
  enforcement measures under Article 8, following consultation with the applicant authority, if:

| a. | judicial
  proceedings have already been initiated or final judgment has already been passed in respect of the same intra-Community infringements and against the same sellers or suppliers before the judicial authorities in the Member State of the requested
  or applicant
  authority; |
| --- | --- |

a.

judicial
  proceedings have already been initiated or final judgment has already been passed in respect of the same intra-Community infringements and against the same sellers or suppliers before the judicial authorities in the Member State of the requested
  or applicant
  authority;

| b. | in its opinion, following appropriate investigation by the requested authority, no intra-Community infringement has taken place; or |
| --- | --- |

b.

in its opinion, following appropriate investigation by the requested authority, no intra-Community infringement has taken place; or

| c. | in its opinion the applicant authority has not provided sufficient information in accordance with Article 12(1) except when the requested authority has already refused to comply with a request under paragraph 3(b) of this Article in relation to the same intra-Community infringement. |
| --- | --- |

c.

in its opinion the applicant authority has not provided sufficient information in accordance with Article 12(1) except when the requested authority has already refused to comply with a request under paragraph 3(b) of this Article in relation to the same intra-Community infringement.

3.
     
  A requested authority may refuse to comply with a request for information under Article 6 if:

| a. | in its opinion, following consultation with the applicant authority, the information requested is not required by the applicant authority to establish whether an intra-Community infringement has occurred or whether there is a reasonable suspicion it may occur, or if the applicant authority does not agree that the information is subject to the provisions on confidentiality and professional secrecy set out in Article 13(3); or |
| --- | --- |

a.

in its opinion, following consultation with the applicant authority, the information requested is not required by the applicant authority to establish whether an intra-Community infringement has occurred or whether there is a reasonable suspicion it may occur, or if the applicant authority does not agree that the information is subject to the provisions on confidentiality and professional secrecy set out in Article 13(3); or

| b. | criminal investigations or judicial proceedings have already been initiated or final judgment has already been passed in respect of the same intra-Community infringements and against the same sellers or suppliers before the judicial authorities in the Member State of the requested or applicant authority. |
| --- | --- |

b.

criminal investigations or judicial proceedings have already been initiated or final judgment has already been passed in respect of the same intra-Community infringements and against the same sellers or suppliers before the judicial authorities in the Member State of the requested or applicant authority.

4.
     
  A requested authority may decide not to comply with the obligations in Article 7 if criminal investigations or judicial proceedings have already been initiated or final judgment has already been passed in respect of the same intra-Community infringements and against the same sellers or suppliers before the judicial authorities in the Member State of the requested or applicant authority.

5.   The requested authority shall inform the applicant authority and the Commission of the grounds for refusing a request for assistance.
  The applicant authority may refer the matter to the Commission which shall issue an opinion, in accordance with the procedure referred to in Article 19(2).

6.   The measures necessary for the implementation of this Article shall be adopted in accordance with the procedure referred to in Article 19(2).

CHAPTER IV

COMMUNITY
  ACTIVITIES

Article
  16

Enforcement coordination

1.   
  To the extent necessary to achieve the objectives of this Regulation, Member States shall
  inform each other and
  the Commission
  of their
  activities
  of Community interest in areas such as:

| a. | the training of their
  consumer protection enforcement
  officials, including language training and the organisation of training seminars; |
| --- | --- |

a.

the training of their
  consumer protection enforcement
  officials, including language training and the organisation of training seminars;

| b. | the collection and classification of consumer complaints; |
| --- | --- |

b.

the collection and classification of consumer complaints;

| c. | the development of sector-specific networks of competent
  officials
  ; |
| --- | --- |

c.

the development of sector-specific networks of competent
  officials
  ;

| d. | the
  development of information and communication tools; |
| --- | --- |

d.

the
  development of information and communication tools;

| e. | the development of standards, methodologies and guidelines for enforcement officials; |
| --- | --- |

e.

the development of standards, methodologies and guidelines for enforcement officials;

| f. | the exchange of their officials. |
| --- | --- |

f.

the exchange of their officials.

Member States may, in co-operation with the Commission, carry out common activities in the areas referred to in the first subparagraph. The Member States shall also, in co-operation with the Commission, develop a common framework for the classification of consumer complaints.

2.   
  The
  competent authorities
  may
  exchange competent officials in order to improve cooperation. The competent authorities shall take the necessary measures to enable exchanged competent officials to play an effective part in activities of the competent authority. To this end such competent officials shall be authorised to carry out the duties entrusted to them by the host competent authority in accordance with the laws of that Member State.

3.   During the exchange the civil
  and criminal
  liability of the competent official shall be treated in the same way as that of the officials of the host competent authority. Exchanged competent officials shall observe professional standards and be subject to the appropriate internal rules of conduct of the host competent authority that ensure, in particular, the protection of
  individuals with regard to the processing
  of personal data, procedural fairness and the proper observance of the confidentiality and professional secrecy provisions established in Article 13.

4.   The
  Community
  measures necessary for the implementation of this Article
  , including the arrangements for implementing common activities,
  shall be adopted in accordance with the procedure referred to in Article 19(2).

Article 17

Administrative cooperation

1.   
  To the extent necessary to achieve the objectives of this Regulation,
  Member States shall
  inform each other and
  the Commission
  of
  their activities
  of Community interest in areas such as
  :

| a. | consumer information and advice
  ; |
| --- | --- |

a.

consumer information and advice
  ;

| b. | support
  of
  the activities of consumer representatives; |
| --- | --- |

b.

support
  of
  the activities of consumer representatives;

| c. | support
  of
  the activities of bodies responsible for the extra-judicial settlement of consumer disputes; |
| --- | --- |

c.

support
  of
  the activities of bodies responsible for the extra-judicial settlement of consumer disputes;

| d. | support
  of
  consumers' access to justice; |
| --- | --- |

d.

support
  of
  consumers' access to justice;

| e. | gathering of
  statistics,
  the results of
  research or other information relating to consumer behaviour, attitudes and outcomes. |
| --- | --- |

e.

gathering of
  statistics,
  the results of
  research or other information relating to consumer behaviour, attitudes and outcomes.

Member States may, in co-operation with the Commission, carry out common activities in the areas referred to in the first subparagraph. The Member States shall also, in co-operation with the Commission, develop a common framework for the activities referred to in point (e).

2.   The
  Community
  measures necessary for the implementation of this Article
  , including the arrangements for implementing common activities,
  shall be adopted in accordance with the procedure referred to in Article 19(2).

Article 18

International agreements

The Community shall cooperate with third countries and with the competent international organisations
  in the areas covered by this Regulation
  in order to enhance the protection of consumers' economic interests. The arrangements for cooperation, including the establishment of mutual assistance arrangements, may be the subject of agreements between the Community and the third parties concerned.

CHAPTER V

FINAL PROVISIONS

Article 19

Committee

1.   The Commission shall be assisted by
  a Committee
  .

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

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

3.   The Committee shall adopt its Rules of Procedure.

Article 20

Committee tasks

1.   The Committee may examine all matters relating to the application of this Regulation raised by its chairman, either on his own initiative or at the request of the representative of a Member State.

2.   In particular, it shall examine and evaluate how the arrangements for cooperation provided for in this Regulation are
  working.

Article 21

Reports

1.   Member States shall communicate to the Commission the text of any provisions of national law that they adopt or of agreements, other than to deal with individual cases, that they conclude on matters covered by this Regulation.

2.   Every two years from the date of entry into force of this Regulation, the Member States shall report to the Commission on the application of this Regulation.
  The Commission shall make these reports publicly available.

3.   National reports shall address:

| a. | any new information about the organisation, powers, resources or responsibilities of the competent authorities. |
| --- | --- |

a.

any new information about the organisation, powers, resources or responsibilities of the competent authorities.

| b. | any information concerning trends, means or methods of committing intra-Community infringements, particularly those that have revealed shortcomings or lacunae in this Regulation or in the laws that protect consumers' interests. |
| --- | --- |

b.

any information concerning trends, means or methods of committing intra-Community infringements, particularly those that have revealed shortcomings or lacunae in this Regulation or in the laws that protect consumers' interests.

| c. | any information on enforcement techniques that have proved their effectiveness. |
| --- | --- |

c.

any information on enforcement techniques that have proved their effectiveness.

| d. | summary
  statistics relating to the activities of competent authorities such as actions under this Regulation, complaints received, enforcement actions and judgments. |
| --- | --- |

d.

summary
  statistics relating to the activities of competent authorities such as actions under this Regulation, complaints received, enforcement actions and judgments.

| e. | summaries of significant national interpretative judgments in the laws that protect consumers' interests. |
| --- | --- |

e.

summaries of significant national interpretative judgments in the laws that protect consumers' interests.

| f. | any other information relevant to the application of this Regulation. |
| --- | --- |

f.

any other information relevant to the application of this Regulation.

4.
     
  The Commission shall submit to the European Parliament and the Council a report on the application of this Regulation on the basis of the reports of the Member States.

Article 22

Entry into force

This Regulation shall enter into force on the 20thday following that of its publication in the Official Journal of the European Union.

It shall apply from ... (11).

The provisions on mutual assistance set out in Chapters II and III shall apply from ... (12)

  .

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

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C ...

1

(2)  OJ C ...

2

(3)  OJ C ...

3

(4)  Position of the European Parliament of 20 April 2004.

4

Position of the European Parliament of 20 April 2004.

(5)  OJ C 224, 1.08.1996, p. 3.

5

(6)  OJ L 281, 23.11.1995, p. 31. Directive amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

6

(7)  OJ L 8, 12.1.2001, p. 1.

7

(8)  

  OJ L 5, 9.1.2004, p. 1. Decision as last amended by Decision No 786/2004/EC (OJ L 138, 30.4.2004, p. 7).

8

OJ L 5, 9.1.2004, p. 1. Decision as last amended by Decision No 786/2004/EC (OJ L 138, 30.4.2004, p. 7).

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

9

p. 23

(10)  OJ L 166, 11.6.1998, p. 51. Directive as last amended by Directive 2002/65/EC (OJ L 271, 9.10.2002, p. 16).

10

(11)  
  One year following the date of entry into force.

11

One year following the date of entry into force.

(12)  Two years following the date of entry into force.

12

ANNEX I

LIST OF DIRECTIVES
  AND REGULATIONS
  COVERED BY ARTICLE 3(a)
   (1)

| 1. | Council Directive 84/450/EEC of 10 September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising (OJ L 250, 19.9.1984, p. 17) and Directive 97/55/EC of the European Parliament and of the Council of 6 October 1997 amending Directive 84/450/EEC concerning misleading advertising so as to include comparative advertising (OJ L290, 23.10.1997, p. 18

  ). |
| --- | --- |

1.

Council Directive 84/450/EEC of 10 September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising (OJ L 250, 19.9.1984, p. 17) and Directive 97/55/EC of the European Parliament and of the Council of 6 October 1997 amending Directive 84/450/EEC concerning misleading advertising so as to include comparative advertising (OJ L290, 23.10.1997, p. 18

  ).

| 2. | Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises (OJ L 372, 31.12.1985, p. 31). |
| --- | --- |

2.

Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises (OJ L 372, 31.12.1985, p. 31).

| 3. | Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit (OJ L 42, 12.2.1987, p. 48). Directive as last amended by Directive 98/7/EC of the European Parliament and of the Council (OJ L 101, 1.4.1998, p. 17) [and Directive XX/XX/EC of X]. |
| --- | --- |

3.

Council Directive 87/102/EEC of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit (OJ L 42, 12.2.1987, p. 48). Directive as last amended by Directive 98/7/EC of the European Parliament and of the Council (OJ L 101, 1.4.1998, p. 17) [and Directive XX/XX/EC of X].

| 4. | Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 (OJ L 298, 17.10.1989, p. 23
  . Directive amended by Directive 97/36/EC of the European Parliament and of the Council (OJ L 202, 30.7.1997, p. 60)). |
| --- | --- |

4.

Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities: Articles 10 to 21 (OJ L 298, 17.10.1989, p. 23
  . Directive amended by Directive 97/36/EC of the European Parliament and of the Council (OJ L 202, 30.7.1997, p. 60)).

| 5. | Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (OJ L 158, 23. 6.1990, p. 59). |
| --- | --- |

5.

Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (OJ L 158, 23. 6.1990, p. 59).

| 6. | Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use: Articles 86 to 100 (OJ L 311, 28.11.2001, p. 67). Directive as last amended by Directive 2004/27/EC (OJ L 136, 30.4.2004, p. 34). |
| --- | --- |

6.

Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use: Articles 86 to 100 (OJ L 311, 28.11.2001, p. 67). Directive as last amended by Directive 2004/27/EC (OJ L 136, 30.4.2004, p. 34).

| 7. | Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29). Directive amended by Decision 2002/995/EC of the Commission (OJ L 353, 30.12.2002, p. 1). |
| --- | --- |

7.

Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ L 95, 21.4.1993, p. 29). Directive amended by Decision 2002/995/EC of the Commission (OJ L 353, 30.12.2002, p. 1).

| 8. | Directive 94/47/EC of the European Parliament and of the Council of 26 October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis (OJ L 280, 29.10.1994, p. 83). |
| --- | --- |

8.

Directive 94/47/EC of the European Parliament and of the Council of 26 October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis (OJ L 280, 29.10.1994, p. 83).

| 9. | Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts (OJ L 144, 4.6.1997, p. 19). Directive amended by Directive 2002/65/EC (OJ L 271, 9.10.2002, p. 16). |
| --- | --- |

9.

Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts (OJ L 144, 4.6.1997, p. 19). Directive amended by Directive 2002/65/EC (OJ L 271, 9.10.2002, p. 16).

| 10. | Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees (OJ L 171, 7.7.1999, p. 12). |
| --- | --- |

10.

Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees (OJ L 171, 7.7.1999, p. 12).

| 11. | Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (OJ L 178, 17.7.2000, p. 1) |
| --- | --- |

11.

Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (OJ L 178, 17.7.2000, p. 1)

| 12. | Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC (OJ L 271, 9.10.2002, p. 16

  ). |
| --- | --- |

12.

Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC (OJ L 271, 9.10.2002, p. 16

  ).

| 13. | European Parliament and Council Regulation (EC) No .../2004 of ... on sales promotions. |
| --- | --- |

13.

European Parliament and Council Regulation (EC) No .../2004 of ... on sales promotions.

| 14. | European Parliament and Council Directive XXXX/XX/EC concerning unfair business-to-consumer commercial practices in the internal market (the unfair commercial practices directive). |
| --- | --- |

14.

European Parliament and Council Directive XXXX/XX/EC concerning unfair business-to-consumer commercial practices in the internal market (the unfair commercial practices directive).

| 15. | European Parliament and Council Regulation (EC) No .../2004 of ... on nutrition and health claims made on foods. |
| --- | --- |

15.

European Parliament and Council Regulation (EC) No .../2004 of ... on nutrition and health claims made on foods.

| 16. | Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers (OJ L 80, 18.3.1998, p. 27). |
| --- | --- |

16.

Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers (OJ L 80, 18.3.1998, p. 27).

| 17. | Regulation (EC) No 261/2004 of 11 February 2004 of the European Parliament and of the Council
  establishing common rules
  on
  compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights
  , and repealing Regulation (EEC) No 295/91 (OJ L 46, 17.2.2004, p. 1)
  . |
| --- | --- |

17.

Regulation (EC) No 261/2004 of 11 February 2004 of the European Parliament and of the Council
  establishing common rules
  on
  compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights
  , and repealing Regulation (EEC) No 295/91 (OJ L 46, 17.2.2004, p. 1)
  .

---

(1)  Directive Nos 1, 6, 7 and 9 contain specific
  provisions.

TA(2004)0297

Consumer credit ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council directive on the harmonisation of the laws, regulations and administrative provisions of the Member States concerning credit for consumers (COM(2002) 443 — C5-0420/2002 — 2002/0222(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2002) 443) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2002) 443) (1),

| — | having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0420/2002), |
| --- | --- |

—

having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0420/2002),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0310/2003), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0310/2003),

| — | having regard to the second report of the Committee on Legal Affairs and the Internal Market and the opinions of the Committee on Economic and Monetary Affairs and the Committee on the Environment, Public Health and Consumer Policy (A5-0224/2004), |
| --- | --- |

—

having regard to the second report of the Committee on Legal Affairs and the Internal Market and the opinions of the Committee on Economic and Monetary Affairs and the Committee on the Environment, Public Health and Consumer Policy (A5-0224/2004),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

---

(1)  OJ C 331, 31.12.2002, p. 200.

P5_TC1-COD(2002)0222

Position of the European Parliament adopted at first reading on 20 April 2004 with a view to the adoption of Directive 2004/.../EC of the European Parliament and of the Council on the harmonisation of the laws, regulations and administrative provisions of the Member States concerning credit for consumers

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular
  Articles 153 and
  95 thereof,

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

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

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

Whereas:

| (1) | In 1995 the Commission presented a report (4) on the operation of Council Directive 87/102/EEC of 22 December 1986 on the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit (5), following which it undertook a very broad consultation of the interested parties. In 1997 it presented a summary report of reactions to the 1995 report (6). A second report was produced in 1996 (7) on the operation of Council Directive 90/88/EEC of 22 February 1990 amending Directive 87/102/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit (8). |
| --- | --- |

(1)

In 1995 the Commission presented a report (4) on the operation of Council Directive 87/102/EEC of 22 December 1986 on the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit (5), following which it undertook a very broad consultation of the interested parties. In 1997 it presented a summary report of reactions to the 1995 report (6). A second report was produced in 1996 (7) on the operation of Council Directive 90/88/EEC of 22 February 1990 amending Directive 87/102/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit (8).

| (2) | T hese reports and consultations reveal substantial differences between the laws of the various Member States in the field of credit for natural persons in general and consumer credit in particular. Analysis of the national texts transposing Directive 87/102/EEC shows that Member States
  use other consumer mechanisms in addition to the Directive on account of differences in the legal, de facto and/or economic situation at national level. A common modernised Community basis for consumer credit requires that Member States be given the possibility to maintain or issue more far-reaching provisions to protect consumers
  . |
| --- | --- |

(2)

T hese reports and consultations reveal substantial differences between the laws of the various Member States in the field of credit for natural persons in general and consumer credit in particular. Analysis of the national texts transposing Directive 87/102/EEC shows that Member States
  use other consumer mechanisms in addition to the Directive on account of differences in the legal, de facto and/or economic situation at national level. A common modernised Community basis for consumer credit requires that Member States be given the possibility to maintain or issue more far-reaching provisions to protect consumers
  .

| (3) | The de facto and de jure situation resulting
  from national differences restricts
  consumers' scope for
  making direct use of the gradually increasing availability of cross-border credit. These restrictions currently have a barely perceptible effect on
  the scale and nature of the demand for cross-border credit, which may have consequences in terms of the demand for goods and services.
  Nevertheless, not least in view of the continuously developing market in consumer credit and the increasing mobility of Europe's citizens, forward-looking European legislation allowing the necessary freedom of manoeuvre should help to establish a modern body of law on consumer credit. |
| --- | --- |

(3)

The de facto and de jure situation resulting
  from national differences restricts
  consumers' scope for
  making direct use of the gradually increasing availability of cross-border credit. These restrictions currently have a barely perceptible effect on
  the scale and nature of the demand for cross-border credit, which may have consequences in terms of the demand for goods and services.
  Nevertheless, not least in view of the continuously developing market in consumer credit and the increasing mobility of Europe's citizens, forward-looking European legislation allowing the necessary freedom of manoeuvre should help to establish a modern body of law on consumer credit.

| (4) | Given that credit unions in Ireland and the United Kingdom are restricted by a ‘Common Bond’, i.e. they are geographically restricted from operating outside their own local area, and given the fact that they play an invaluable role in providing credit to people that mainstream commercial lending institutions will not deal with and further, given that they are not-for-profit voluntary organisations they should not be subject to the strict regulations of this Directive. |
| --- | --- |

(4)

Given that credit unions in Ireland and the United Kingdom are restricted by a ‘Common Bond’, i.e. they are geographically restricted from operating outside their own local area, and given the fact that they play an invaluable role in providing credit to people that mainstream commercial lending institutions will not deal with and further, given that they are not-for-profit voluntary organisations they should not be subject to the strict regulations of this Directive.

| (5) | In recent years the types of credit offered to and used by consumers have evolved considerably. New credit instruments have appeared, and their use continues to develop. It is therefore necessary to adapt, amend and complete the existing provisions and to extend their scope
  where necessary
  . |
| --- | --- |

(5)

In recent years the types of credit offered to and used by consumers have evolved considerably. New credit instruments have appeared, and their use continues to develop. It is therefore necessary to adapt, amend and complete the existing provisions and to extend their scope
  where necessary
  .

| (6) | It is also necessary to promote the creation of a more transparent and efficient credit market. It is important that this market should offer a degree of consumer protection such that the free movement of credit offers can take place under optimum conditions for both those who offer credit and those who require it
  , with due regard to the Member States' existing provisions and requirements
  . This necessitates a process of
  targeted
  harmonisation
  to allow the Member States sufficient scope
  to
  ensure
  all consumers in the Community
  optimum
  protection of their interests and an equivalent level of information.
  In addition, full harmonisation may be appropriate in some areas in order to ensure comparability between credit offers and thus further develop the internal market in credit for consumers. |
| --- | --- |

(6)

It is also necessary to promote the creation of a more transparent and efficient credit market. It is important that this market should offer a degree of consumer protection such that the free movement of credit offers can take place under optimum conditions for both those who offer credit and those who require it
  , with due regard to the Member States' existing provisions and requirements
  . This necessitates a process of
  targeted
  harmonisation
  to allow the Member States sufficient scope
  to
  ensure
  all consumers in the Community
  optimum
  protection of their interests and an equivalent level of information.
  In addition, full harmonisation may be appropriate in some areas in order to ensure comparability between credit offers and thus further develop the internal market in credit for consumers.

| (7) | Article 16 establishes a Community-wide ground of defence for consumers based on objections in connection with linked credit agreements (‘Einwendungsdurchgriff’). This does not, however, prevent the Member States from maintaining, in order to protect consumers, more far-reaching and stringent liability provisions, for example the principle applying in Great Britain of ‘joint and several liability’. The Member States may also leave the conditions for the ground to be determined by a judicial decision. |
| --- | --- |

(7)

Article 16 establishes a Community-wide ground of defence for consumers based on objections in connection with linked credit agreements (‘Einwendungsdurchgriff’). This does not, however, prevent the Member States from maintaining, in order to protect consumers, more far-reaching and stringent liability provisions, for example the principle applying in Great Britain of ‘joint and several liability’. The Member States may also leave the conditions for the ground to be determined by a judicial decision.

| (8) | In the case of linked agreements a relationship of interdependence exists between the purchase of a good or service and the credit agreement concluded for this purpose. This means that the exercise of the right of withdrawal in respect of one agreement presupposes that the other agreement is itself also subject to the right of withdrawal. The exercise of the right of withdrawal in the case of a linked agreement thus presupposes that the linked credit agreement is itself subject to the right of withdrawal. |
| --- | --- |

(8)

In the case of linked agreements a relationship of interdependence exists between the purchase of a good or service and the credit agreement concluded for this purpose. This means that the exercise of the right of withdrawal in respect of one agreement presupposes that the other agreement is itself also subject to the right of withdrawal. The exercise of the right of withdrawal in the case of a linked agreement thus presupposes that the linked credit agreement is itself subject to the right of withdrawal.

| (9) | In accordance with Article 14(2) of the Treaty, the internal market comprises an area without internal frontiers in which the free movement of goods and services and freedom of establishment are ensured. The development of a more transparent and efficient credit market within the area without internal frontiers is vital to promote the development of cross-border activities. |
| --- | --- |

(9)

In accordance with Article 14(2) of the Treaty, the internal market comprises an area without internal frontiers in which the free movement of goods and services and freedom of establishment are ensured. The development of a more transparent and efficient credit market within the area without internal frontiers is vital to promote the development of cross-border activities.

| (10) | Credit agreements
  secured by real estate or comparable securities and agreements in connection with which statements by consumers were made with the participation of a civil law notary or a comparable officeholder
  should be excluded from the scope of this
  Directive
  . |
| --- | --- |

(10)

Credit agreements
  secured by real estate or comparable securities and agreements in connection with which statements by consumers were made with the participation of a civil law notary or a comparable officeholder
  should be excluded from the scope of this
  Directive
  .

| (11) | Agreements providing for the provision on a continuing basis of services, as referred to in Article 2(c), where the consumer has the right to pay for them for the duration of their provision by means of instalments, would include, for the purposes of this Directive, payment for insurance via monthly instalments. |
| --- | --- |

(11)

Agreements providing for the provision on a continuing basis of services, as referred to in Article 2(c), where the consumer has the right to pay for them for the duration of their provision by means of instalments, would include, for the purposes of this Directive, payment for insurance via monthly instalments.

| (12) | In view of the risks to their financial interests, the situation of natural persons who stand as guarantors
  for consumers
  necessitates specific provisions ensuring a level of information and protection comparable to that provided for consumers. |
| --- | --- |

(12)

In view of the risks to their financial interests, the situation of natural persons who stand as guarantors
  for consumers
  necessitates specific provisions ensuring a level of information and protection comparable to that provided for consumers.

| (13) | Council Directive 84/450/EEC of 10 September 1984 concerning misleading advertising and comparative advertising (9) is intended to provide protection with regard to the mention of a figure, cost or rate in advertising or advertising offers relating to a credit agreement. It requires such figure, cost or rate to be accompanied by calculation details making it possible to assess the figure in the context of all the consumer's obligations under a credit
  agreement. |
| --- | --- |

(13)

Council Directive 84/450/EEC of 10 September 1984 concerning misleading advertising and comparative advertising (9) is intended to provide protection with regard to the mention of a figure, cost or rate in advertising or advertising offers relating to a credit agreement. It requires such figure, cost or rate to be accompanied by calculation details making it possible to assess the figure in the context of all the consumer's obligations under a credit
  agreement.

| (14) | So
  that consumers can make their decisions in full knowledge of the facts, they must receive adequate information, prior to the conclusion of the credit agreement, on the conditions and cost of the credit and on their obligations. To ensure
  the fullest possible
  transparency and comparability of offers, such information should in particular include the annual percentage rate of charge applicable to the credit,
  which should be determined throughout the EU in the same way
  . |
| --- | --- |

(14)

So
  that consumers can make their decisions in full knowledge of the facts, they must receive adequate information, prior to the conclusion of the credit agreement, on the conditions and cost of the credit and on their obligations. To ensure
  the fullest possible
  transparency and comparability of offers, such information should in particular include the annual percentage rate of charge applicable to the credit,
  which should be determined throughout the EU in the same way
  .

| (15) | Consumers and guarantors likewise must act with prudence and respect their contractual obligations. |
| --- | --- |

(15)

Consumers and guarantors likewise must act with prudence and respect their contractual obligations.

| (16) | The conditions laid down in a credit agreement may in some cases be to the consumer's disadvantage. Better consumer protection must be ensured by
  specifying
  certain conditions
  as minimum standards
  . The credit agreement must confirm and add to the information provided before the conclusion of the agreement, where appropriate with the help of an amortisation table and details of the charges for
  defaulting
  . |
| --- | --- |

(16)

The conditions laid down in a credit agreement may in some cases be to the consumer's disadvantage. Better consumer protection must be ensured by
  specifying
  certain conditions
  as minimum standards
  . The credit agreement must confirm and add to the information provided before the conclusion of the agreement, where appropriate with the help of an amortisation table and details of the charges for
  defaulting
  .

| (17) | In
  order to approximate the procedures for exercising the right of withdrawal in similar areas, it is necessary to make provision for a right of withdrawal without penalty and with no obligation to provide justification, under conditions similar to those provided for by Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC (10). |
| --- | --- |

(17)

In
  order to approximate the procedures for exercising the right of withdrawal in similar areas, it is necessary to make provision for a right of withdrawal without penalty and with no obligation to provide justification, under conditions similar to those provided for by Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC (10).

| (18) | In order to promote the establishing and functioning of the internal market and ensure a high degree of protection for consumers throughout the Community,
  the EU-wide comparability of the percentage rate of charge should now finally be introduced. Admittedly, a uniform mathematical formula for calculating the annual percentage rate of charge was provided when Directive 87/102/EEC was last amended by Directive 98/7/EC (11). However, the percentage rate of charge is not yet comparable throughout the EU, since in individual Member States different cost factors are taken into account in the calculation thereof. The Directive must therefore clearly define the term ‘total cost of credit to the consumer’. These should cover only those costs generated by the creditor himself. The costs associated with an insurance should only be included in the total cost of the credit if the consumer is obliged to take out that insurance on concluding the credit agreement
  . |
| --- | --- |

(18)

In order to promote the establishing and functioning of the internal market and ensure a high degree of protection for consumers throughout the Community,
  the EU-wide comparability of the percentage rate of charge should now finally be introduced. Admittedly, a uniform mathematical formula for calculating the annual percentage rate of charge was provided when Directive 87/102/EEC was last amended by Directive 98/7/EC (11). However, the percentage rate of charge is not yet comparable throughout the EU, since in individual Member States different cost factors are taken into account in the calculation thereof. The Directive must therefore clearly define the term ‘total cost of credit to the consumer’. These should cover only those costs generated by the creditor himself. The costs associated with an insurance should only be included in the total cost of the credit if the consumer is obliged to take out that insurance on concluding the credit agreement
  .

| (19) | The
  consumer should have the right to discharge his obligations before the due date. In the case of early repayment either in part or in full, the creditor must be entitled to claim
  only a fair and objective indemnity
  . |
| --- | --- |

(19)

The
  consumer should have the right to discharge his obligations before the due date. In the case of early repayment either in part or in full, the creditor must be entitled to claim
  only a fair and objective indemnity
  .

| (20) | If the supplier of goods or services acquired under a credit agreement can be regarded as a credit intermediary, the consumer must be able to enforce
  the same
  rights against the creditor
  as he would be able to enforce
  against a supplier of goods or
  services. |
| --- | --- |

(20)

If the supplier of goods or services acquired under a credit agreement can be regarded as a credit intermediary, the consumer must be able to enforce
  the same
  rights against the creditor
  as he would be able to enforce
  against a supplier of goods or
  services.

| (21) | It
  is necessary to establish common
  minimum standards for
  measures which apply in the event of non-performance of credit agreements. In particular, certain debt collection practices which are manifestly out of proportion must be considered
  illegal. |
| --- | --- |

(21)

It
  is necessary to establish common
  minimum standards for
  measures which apply in the event of non-performance of credit agreements. In particular, certain debt collection practices which are manifestly out of proportion must be considered
  illegal.

| (22) | In
  order to ensure permanent protection of the interests of the consumer and guarantor, credit or surety agreements should not derogate, to the detriment of the consumer or guarantor, from the provisions implementing or corresponding to this Directive. |
| --- | --- |

(22)

In
  order to ensure permanent protection of the interests of the consumer and guarantor, credit or surety agreements should not derogate, to the detriment of the consumer or guarantor, from the provisions implementing or corresponding to this Directive.

| (23) | This Directive respects fundamental rights and the principles recognised by the Charter of Fundamental Rights of the European Union. In particular, it aims to ensure full compliance with the rules on protection of personal data, the right to property, non-discrimination, protection of family and professional life, and consumer protection pursuant to Articles 8, 17, 21, 33 and 38 of the Charter. |
| --- | --- |

(23)

This Directive respects fundamental rights and the principles recognised by the Charter of Fundamental Rights of the European Union. In particular, it aims to ensure full compliance with the rules on protection of personal data, the right to property, non-discrimination, protection of family and professional life, and consumer protection pursuant to Articles 8, 17, 21, 33 and 38 of the Charter.

| (24) | Since the objective of this Directive, namely to establish rules allowing
  minimum standards to be set
  concerning consumer credit, cannot be adequately achieved by the Member States, and can therefore be achieved more effectively at Community level, the Community can take action in accordance with the principle of subsidiarity referred to in Article 5 of the Treaty. In accordance with the principle of proportionality, as referred to in the said Article, this Directive does not go beyond what is necessary to achieve that objective. |
| --- | --- |

(24)

Since the objective of this Directive, namely to establish rules allowing
  minimum standards to be set
  concerning consumer credit, cannot be adequately achieved by the Member States, and can therefore be achieved more effectively at Community level, the Community can take action in accordance with the principle of subsidiarity referred to in Article 5 of the Treaty. In accordance with the principle of proportionality, as referred to in the said Article, this Directive does not go beyond what is necessary to achieve that objective.

| (25) | It
  is therefore necessary to repeal and replace Directive 87/102/EEC, |
| --- | --- |

(25)

It
  is therefore necessary to repeal and replace Directive 87/102/EEC,

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

AIM, DEFINITIONS AND SCOPE

Article 1

Aim

This Directive is
  intended to enhance consumer protection, avoid over-indebtedness and provide optimum harmonisation of
  the laws, regulations and administrative procedures of the Member States concerning agreements covering credit granted to consumers and surety agreements entered into by consumers.

Article 2

Definitions

For the purpose of this Directive:

| (a) | ‘consumer’ means a natural person who, in transactions covered by this Directive, is acting for purposes which can be regarded as outside his trade or profession; |
| --- | --- |

(a)

‘consumer’ means a natural person who, in transactions covered by this Directive, is acting for purposes which can be regarded as outside his trade or profession;

| (b) | ‘creditor’ means a natural or legal person who grants or promises to grant credit
  professionally
  ; |
| --- | --- |

(b)

‘creditor’ means a natural or legal person who grants or promises to grant credit
  professionally
  ;

| (c) | ‘credit agreement’ means an agreement whereby a creditor grants or promises to grant to a consumer
  , for remuneration,
  credit in the form of a deferred payment, loan or other similar financial accommodation.
  Agreements for the provision on a continuing basis of services or of a supply of goods of the same kind and in the same quantity, where the consumer pays for them for the duration of their provision by means of instalments, as well as
  agreements for the provision on a continuing basis of services (private or public), where the consumer has the right to pay for them for the duration of their provision by means of instalments, are not deemed to be credit agreements for the purposes of this Directive; |
| --- | --- |

(c)

‘credit agreement’ means an agreement whereby a creditor grants or promises to grant to a consumer
  , for remuneration,
  credit in the form of a deferred payment, loan or other similar financial accommodation.
  Agreements for the provision on a continuing basis of services or of a supply of goods of the same kind and in the same quantity, where the consumer pays for them for the duration of their provision by means of instalments, as well as
  agreements for the provision on a continuing basis of services (private or public), where the consumer has the right to pay for them for the duration of their provision by means of instalments, are not deemed to be credit agreements for the purposes of this Directive;

| (d) | ‘credit intermediary’ means a natural or legal person who, for a
  fee, acts
  as an intermediary by presenting or offering credit agreements, undertaking other preparatory work for such agreements, or concluding such agreements; the fee may take the form of cash or any other agreed form of financial consideration; |
| --- | --- |

(d)

‘credit intermediary’ means a natural or legal person who, for a
  fee, acts
  as an intermediary by presenting or offering credit agreements, undertaking other preparatory work for such agreements, or concluding such agreements; the fee may take the form of cash or any other agreed form of financial consideration;

| (e) | ‘acting as a credit intermediary’ means offering or presenting credit agreements, undertaking other preparatory work for such agreements, or concluding credit agreements; |
| --- | --- |

(e)

‘acting as a credit intermediary’ means offering or presenting credit agreements, undertaking other preparatory work for such agreements, or concluding credit agreements;

| (f) | ‘surety agreement’ means
  an agreement linked to a credit agreement under which
  a guarantor
  guarantees
  the fulfilment of
  a credit agreement covered by this Directive concluded with a consumer
  ; |
| --- | --- |

(f)

‘surety agreement’ means
  an agreement linked to a credit agreement under which
  a guarantor
  guarantees
  the fulfilment of
  a credit agreement covered by this Directive concluded with a consumer
  ;

| (g) | ‘guarantor’ means a consumer concluding a surety agreement
  in connection with a credit agreement concluded by a third party as a consumer
  ; |
| --- | --- |

(g)

‘guarantor’ means a consumer concluding a surety agreement
  in connection with a credit agreement concluded by a third party as a consumer
  ;

| (h) | ‘total cost of credit to the consumer’ means all the costs, including borrowing
  interest, commissions and charges
  which the consumer has to pay
  the creditor in connection with the management of the credit agreement in conformity with the terms thereof, and which are known to the creditor at the time the contract is concluded, with the exception of costs payable by the consumer on conclusion of the credit agreement to persons other than the creditor, in particular the notary, tax authorities, registrar of mortgages, and any costs in general imposed by the authority responsible for registration and sureties
  ; |
| --- | --- |

(h)

‘total cost of credit to the consumer’ means all the costs, including borrowing
  interest, commissions and charges
  which the consumer has to pay
  the creditor in connection with the management of the credit agreement in conformity with the terms thereof, and which are known to the creditor at the time the contract is concluded, with the exception of costs payable by the consumer on conclusion of the credit agreement to persons other than the creditor, in particular the notary, tax authorities, registrar of mortgages, and any costs in general imposed by the authority responsible for registration and sureties
  ;

| (i) | ‘annual percentage rate of charge’ means
  the annual interest rate which, on an annual basis, produces equality between the present values of the total present or future obligations (credit drawn down, amortisation payments and expenses) of the creditor and the consumer arising from the credit agreement and linked transactions
  ; |
| --- | --- |

(i)

‘annual percentage rate of charge’ means
  the annual interest rate which, on an annual basis, produces equality between the present values of the total present or future obligations (credit drawn down, amortisation payments and expenses) of the creditor and the consumer arising from the credit agreement and linked transactions
  ;

| (j) | ‘
  residual
  value’ means the purchase price of the financed goods applicable at the time when the purchase option or the property transfer option is exercised; |
| --- | --- |

(j)

‘
  residual
  value’ means the purchase price of the financed goods applicable at the time when the purchase option or the property transfer option is exercised;

| (k) | ‘drawdown’ means an amount of credit made available to the consumer in the form of a deferred payment, loan or other similar financial accommodation; |
| --- | --- |

(k)

‘drawdown’ means an amount of credit made available to the consumer in the form of a deferred payment, loan or other similar financial accommodation;

| (l) | ‘total amount of credit’ means the ceiling or the sum of all drawdowns that are likely to be agreed; |
| --- | --- |

(l)

‘total amount of credit’ means the ceiling or the sum of all drawdowns that are likely to be agreed;

| (m) | ‘in writing’ means writing and any form of transmission
  which enables the consumer
  and the guarantor
  to store information addressed personally to
  them
  in a way which makes it accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information
  stored; |
| --- | --- |

(m)

‘in writing’ means writing and any form of transmission
  which enables the consumer
  and the guarantor
  to store information addressed personally to
  them
  in a way which makes it accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information
  stored;

| (n) | ‘linked credit agreement’ means an agreement concerning the supply of a good or the provision of a service linked to a credit agreement, where the credit in question serves to finance the other agreement and the two agreements thereby form a single commercial transaction. It should be assumed that a single commercial transaction is involved where the supplier or vendor of the goods or the service provider himself finances the credit for the consumer or, if it is financed by a third party, if the creditor uses the services of the above-mentioned persons in connection with the conclusion, or preparation, of the credit agreement. |
| --- | --- |

(n)

‘linked credit agreement’ means an agreement concerning the supply of a good or the provision of a service linked to a credit agreement, where the credit in question serves to finance the other agreement and the two agreements thereby form a single commercial transaction. It should be assumed that a single commercial transaction is involved where the supplier or vendor of the goods or the service provider himself finances the credit for the consumer or, if it is financed by a third party, if the creditor uses the services of the above-mentioned persons in connection with the conclusion, or preparation, of the credit agreement.

Article 3

Scope

1.   This Directive applies to credit
  agreements
  .

2.   This Directive shall not apply
  to:

| (a) | credit agreements involving amounts up to EUR 500; |
| --- | --- |

(a)

credit agreements involving amounts up to EUR 500;

| (b) | credit agreements the aim of which is to grant credit for the purchase or transformation of private immovable property that the consumer owns or is seeking to acquire
  or credit agreements
  which are secured either by a mortgage on immovable property or by
  another, comparable
  surety commonly used in a Member State for this purpose; |
| --- | --- |

(b)

credit agreements the aim of which is to grant credit for the purchase or transformation of private immovable property that the consumer owns or is seeking to acquire
  or credit agreements
  which are secured either by a mortgage on immovable property or by
  another, comparable
  surety commonly used in a Member State for this purpose;

| (c) | hiring agreements
  , except where they provide for the title to pass to the hirer eventually
  ; |
| --- | --- |

(c)

hiring agreements
  , except where they provide for the title to pass to the hirer eventually
  ;

| (d) | leasing agreements which do not create any obligation to purchase the object of the agreement; |
| --- | --- |

(d)

leasing agreements which do not create any obligation to purchase the object of the agreement;

| (e) | credit agreements under the terms of which the consumer is required to repay the credit
  in a
  period not exceeding three months, without the payment of interest or any other charges; |
| --- | --- |

(e)

credit agreements under the terms of which the consumer is required to repay the credit
  in a
  period not exceeding three months, without the payment of interest or any other charges;

| (f) | credit agreements which meet
  one of
  the following conditions:






  (i) | they are
  granted outside
  the sphere of
  any
  commercial or professional activity
  (private credit agreements)
  , |
| --- | --- | --- |

(f)

credit agreements which meet
  one of
  the following conditions:

(i)

they are
  granted outside
  the sphere of
  any
  commercial or professional activity
  (private credit agreements)
  ,

| (ii) | they are granted
  by an employer to his employees as a secondary activity free of interest or
  at annual percentage rates of charge lower than those prevailing on the market, |
| --- | --- |

(ii)

they are granted
  by an employer to his employees as a secondary activity free of interest or
  at annual percentage rates of charge lower than those prevailing on the market,

| (iii) | they are not offered to the public generally; |
| --- | --- |

(iii)

they are not offered to the public generally;

| (g) | credit agreements
  over EUR 100 000 in net loan, in the case of credit agreements within the meaning of point (b) over a sum of EUR 1 million net loan; |
| --- | --- |

(g)

credit agreements
  over EUR 100 000 in net loan, in the case of credit agreements within the meaning of point (b) over a sum of EUR 1 million net loan;

| (h) | agreements under the terms of which the statements of the consumer were made with the participation of a civil law notary or a comparable office holder, which are the outcome of a settlement reached in court or before another statutory authority, or which relate to the deferred payment, free of charge, of an existing debt; |
| --- | --- |

(h)

agreements under the terms of which the statements of the consumer were made with the participation of a civil law notary or a comparable office holder, which are the outcome of a settlement reached in court or before another statutory authority, or which relate to the deferred payment, free of charge, of an existing debt;

| (i) | credit agreements under which the consumer is required to repay the credit by a maximum number of four payments within a period not exceeding 12 months; |
| --- | --- |

(i)

credit agreements under which the consumer is required to repay the credit by a maximum number of four payments within a period not exceeding 12 months;

| (j) | start-up or personal development loans granted by public institutions or institutions officially authorised to do so; |
| --- | --- |

(j)

start-up or personal development loans granted by public institutions or institutions officially authorised to do so;

| (k) | agreements on the basis of which a credit or financial institution grants credit in the form of advances on current accounts or debit accounts, where the total amount has to be repaid within three months or on demand; the provisions of Article 7 and Article 17 shall, however, apply to such credit agreements; |
| --- | --- |

(k)

agreements on the basis of which a credit or financial institution grants credit in the form of advances on current accounts or debit accounts, where the total amount has to be repaid within three months or on demand; the provisions of Article 7 and Article 17 shall, however, apply to such credit agreements;

| (l) | credit agreements which provide for arrangements to be agreed by the creditor, or a person authorised to act on his behalf, and the borrower in respect of deferred payment, securitisation or repayment methods, where the borrower is already in default, if this would be likely to avert the possibility of legal proceedings and the consumer would not thereby be subject to less favourable terms overall; |
| --- | --- |

(l)

credit agreements which provide for arrangements to be agreed by the creditor, or a person authorised to act on his behalf, and the borrower in respect of deferred payment, securitisation or repayment methods, where the borrower is already in default, if this would be likely to avert the possibility of legal proceedings and the consumer would not thereby be subject to less favourable terms overall;

| (m) | credit agreements whose conclusion is accompanied by the consumer depositing a security in the creditor's safe-keeping, where the surety deposited with the creditor is sufficient in itself to pay off the loan; |
| --- | --- |

(m)

credit agreements whose conclusion is accompanied by the consumer depositing a security in the creditor's safe-keeping, where the surety deposited with the creditor is sufficient in itself to pay off the loan;

| (n) | cooperative associations that manage the savings of and provide sources of credit to members, where the ultimate responsibility lies with volunteers who provide credit on the basis of an annual percentage rate of charge that is subject to a ceiling laid down in national law, membership of which is restricted to persons residing or being employed in a particular and narrowly prescribed region or employees (and retired employees) in a particular sector or of a particular employer or such similar common association as may be permitted under national law. |
| --- | --- |

(n)

cooperative associations that manage the savings of and provide sources of credit to members, where the ultimate responsibility lies with volunteers who provide credit on the basis of an annual percentage rate of charge that is subject to a ceiling laid down in national law, membership of which is restricted to persons residing or being employed in a particular and narrowly prescribed region or employees (and retired employees) in a particular sector or of a particular employer or such similar common association as may be permitted under national law.

CHAPTER II

INFORMATION AND PRACTICES PRELIMINARY TO THE FORMATION OF THE AGREEMENT

Article 4

Standard information

1.
     
  Information and obligations preliminary to the formation of the agreement comprise advertising and essential information concerning the offer of credit and the content of the credit agreement.

2.
     
  The standard information shall include, in the following order, and in a clear, concise and eye-catching form (infobox), the annual percentage rate of charge, the agreed duration of the credit, the number and amount of monthly payments and the total cost of credit.

3.
     
  Additional information, in particular in respect of taxes, repayment, any down payments required, and the size of instalments, may be provided separately.

Where a lower borrowing rate is offered for a limited duration at the beginning of the credit agreement, the advertisement shall contain a prominently displayed annual percentage rate calculated on the actual borrowing rate after that limited duration.

4.
     
  The obligation to provide standard information shall not apply:

| — | if one of the standard items of information referred to in paragraph 2 cannot be determined in general terms or if these credit terms are not generally available for every borrower; however, the annual percentage rate of charge must be stated, if necessary by means of representative examples; |
| --- | --- |

—

if one of the standard items of information referred to in paragraph 2 cannot be determined in general terms or if these credit terms are not generally available for every borrower; however, the annual percentage rate of charge must be stated, if necessary by means of representative examples;

| — | in the case of credit card agreements; |
| --- | --- |

—

in the case of credit card agreements;

| — | in the case of general advertising which does not contain any specific credit offer. |
| --- | --- |

—

in the case of general advertising which does not contain any specific credit offer.

Article 5

Advertising

Without prejudice to Directive 84/450/EEC, any advertising or any offer displayed at business premises that includes information on credit agreements, in particular as regards the borrowing rate, total lending rate and annual percentage rate of charge, shall be provided in a clear and comprehensible manner, with due regard, in particular, to the principles of good faith in commercial transactions. The commercial purpose of this information must be made
  clear
  .

Article
  6

Responsible lending and borrowing

1.   
  The creditor, where applicable, the credit intermediary and the consumer shall adhere to the principle of responsible lending. Responsible lending includes the requirement for the creditor and the consumer to comply with their obligations as regarding the provision of information prior to the formation of the agreement and the requirement for the creditor to assess the consumer's creditworthiness on the basis of the information provided by the latter.

Where revolving credit is involved, the creditor is required to update the information at his disposal about the consumer before any amendment to the terms of the credit agreement.

2.   The creditor
  shall provide clear and comprehensible information in writing, before the conclusion of the agreement, concerning:

| (a) | the sureties and insurance required; |
| --- | --- |

(a)

the sureties and insurance required;

| (b) | the duration of the credit agreement; |
| --- | --- |

(b)

the duration of the credit agreement;

| (c) | the amount, number and frequency of payments to be made,
  where possible set out in a payment schedule
  ; |
| --- | --- |

(c)

the amount, number and frequency of payments to be made,
  where possible set out in a payment schedule
  ;

| (d) | additional costs
  which the consumer has to pay on concluding a credit agreement,
  provided the creditor knows how much they amount to,
  such as taxes
  incurred by the creditor,
  administrative
  costs, and
  assessment costs with regard to the sureties required
  , where applicable the costs of managing an account set up specifically for the purpose of the loan in question, in which both payments and credits are entered, and, where applicable, charges for the use or availability of a card or other means of payment which can be used at the same time either to make payments or draw down credit, and costs relating to payment transactions in general; |
| --- | --- |

(d)

additional costs
  which the consumer has to pay on concluding a credit agreement,
  provided the creditor knows how much they amount to,
  such as taxes
  incurred by the creditor,
  administrative
  costs, and
  assessment costs with regard to the sureties required
  , where applicable the costs of managing an account set up specifically for the purpose of the loan in question, in which both payments and credits are entered, and, where applicable, charges for the use or availability of a card or other means of payment which can be used at the same time either to make payments or draw down credit, and costs relating to payment transactions in general;

| (e) | the total
  cost
  of credit
  to the consumer within the meaning of point (h) of Article 2
  ; |
| --- | --- |

(e)

the total
  cost
  of credit
  to the consumer within the meaning of point (h) of Article 2
  ;

| (f) | where applicable, the cash price of the financed goods or
  services
  ; |
| --- | --- |

(f)

where applicable, the cash price of the financed goods or
  services
  ;

| (g) | where applicable, the borrowing rate, the conditions governing the application of this rate and any index
  , where available,
  or reference rate applicable to the initial borrowing rate, as well as the periods, conditions and procedures for varying the borrowing rate; |
| --- | --- |

(g)

where applicable, the borrowing rate, the conditions governing the application of this rate and any index
  , where available,
  or reference rate applicable to the initial borrowing rate, as well as the periods, conditions and procedures for varying the borrowing rate;

| (h) | the annual percentage rate of
  charge
  ; |
| --- | --- |

(h)

the annual percentage rate of
  charge
  ;

| (i) | the period during which the right of withdrawal may be exercised
  , and procedures for the exercise of that right
  ; |
| --- | --- |

(i)

the period during which the right of withdrawal may be exercised
  , and procedures for the exercise of that right
  ;

| (j) | the method of repayment, the interests in the case of overdue payments applicable at the time of notification and the arrangements for their adjustment, and the charges for defaulting, indicating their purpose. |
| --- | --- |

(j)

the method of repayment, the interests in the case of overdue payments applicable at the time of notification and the arrangements for their adjustment, and the charges for defaulting, indicating their purpose.

In the cases referred to in Article 3 (3) of Directive 2002/65/EC, this information must include at least the items referred to in points c), e), and h) of this paragraph.

The duty under this paragraph to provide information may also be discharged by supplying a draft agreement including the appropriate details in accordance with Article 9.

3.   The creditor or, where applicable, the credit intermediary shall seek to establish, among the credit agreements they usually offer or arrange, the most appropriate type and total amount of credit taking into account the financial situation of the consumer, the advantages and disadvantages associated with the product proposed, and the purpose of the credit.

4.   
  The burden of proof as regards the provision of information pursuant to paragraph 1 shall lie with the consumer.

Article 7

Information requirements for overdrafts

1.
     
  Where there is an agreement between the consumer and a credit or financial institution for the granting of credit in the form of an advance on a current account, the consumer shall be informed at the time or before the agreement is concluded of:

| — | the credit limit, if any; |
| --- | --- |

—

the credit limit, if any;

| — | the annual percentage rate of charge and the charges applicable from the time the agreement is concluded, and the conditions under which those charges may be amended; |
| --- | --- |

—

the annual percentage rate of charge and the charges applicable from the time the agreement is concluded, and the conditions under which those charges may be amended;

| — | the conditions and procedure for terminating the agreement. |
| --- | --- |

—

the conditions and procedure for terminating the agreement.

2.
     
  Furthermore, during the period of the agreement, the consumer shall be informed of any change in the annual percentage rate of charge or in the relevant charges at the time it occurs. Such information may be given in a statement of account or in any other manner acceptable to Member States.

3.
     
  In Member States where tacitly accepted overdrafts are permissible, the Member States concerned shall ensure that the consumer is informed of the annual rate of interest and the charges applicable, and of any amendment thereof, where the overdraft extends beyond a period of three months.

CHAPTER III

DATABASE
  ACCESS

Article
  8

Databases

1.
     
  In the case of cross-border credit, each Member State shall ensure access for creditors from other Member States to databases in that Member State under the same conditions as for firms and individuals in that Member State.

2.   
  The consumer and, where appropriate, the guarantor shall be informed of the result of any consultation immediately and without charge.

CHAPTER IV

FORMATION OF CREDIT AND SURETY AGREEMENTS

Article
  9

Information that must be included in credit and surety agreements

1.   Credit agreements and surety agreements shall be drawn up
  in writing
  .

All the contracting parties, including the guarantor and the credit intermediary, shall receive a copy of the credit
  agreement
  .

Agreements shall
  contain information regarding access to
  out-of-court
  complaint procedures and shall specify
  the formalities
  to be followed when a creditor or credit intermediary makes use of such procedures
  .

2.   
  In addition to the data referred to in Article 6(2),
  the credit agreement shall include:

| (a) | the names and addresses of the contracting parties as well as the name and address of the credit intermediary
  involved; |
| --- | --- |

(a)

the names and addresses of the contracting parties as well as the name and address of the credit intermediary
  involved;

| (b) | a
  statement of the
  costs, indicating their purpose and, where appropriate, amounts, which
  are not included in the calculation of the annual percentage rate of charge but are to be paid by the consumer
  to the creditor
  , namely the commitment fee, the charges relating to unauthorised drawdowns in excess of the total amount of credit
  , costs arising from early repayment
  and the
  flat-rate
  charges for
  defaulting
  ; |
| --- | --- |

(b)

a
  statement of the
  costs, indicating their purpose and, where appropriate, amounts, which
  are not included in the calculation of the annual percentage rate of charge but are to be paid by the consumer
  to the creditor
  , namely the commitment fee, the charges relating to unauthorised drawdowns in excess of the total amount of credit
  , costs arising from early repayment
  and the
  flat-rate
  charges for
  defaulting
  ;

| (c) | the procedure to be followed to exercise the right of termination; |
| --- | --- |

(c)

the procedure to be followed to exercise the right of termination;

| (d) | the procedure for
  early repayment
  and the costs arising therefrom, indicating at least their purpose
  . |
| --- | --- |

(d)

the procedure for
  early repayment
  and the costs arising therefrom, indicating at least their purpose
  .

3.   
  The
  surety agreement shall state the maximum amount
  guaranteed
  .

Article 10

Right of withdrawal

1.   The consumer shall have a period of fourteen calendar days to withdraw his acceptance of the credit agreement without giving any reason.

This period shall begin on the day a copy of the credit agreement concluded is transmitted to the consumer.

2.   The consumer shall notify the creditor of his withdrawal before expiry of the period referred to in paragraph 1 and in accordance with national legislation regarding proof. The deadline shall be deemed to have been observed if this notification, which must be on paper or on another durable medium that is available and accessible to the creditor, is dispatched before the deadline expires.

3.   
  Following the
  exercise of the right of withdrawal
  the creditor shall notify the consumer, in writing or another durable medium, of the sums of money to be repaid including the interest due during the period for which the credit was drawndown. The interest
  due
  shall be
  calculated on
  the agreed
  annual percentage
  rate. No
  other indemnity may be claimed in connection with
  exercising the right of
  withdrawal.
  The consumer shall pay to the creditor those sums of money notified to him under this paragraph.
  Any down-payment
  made
  by the consumer under the credit agreement shall be repaid to the consumer without delay.

4.
     
  Where the credit agreement is concluded away from business premises within the meaning of Article 1 of Directive 85/577/EEC (12) for the purpose of supplying goods or services, the right of withdrawal in paragraph 1 above will also apply to those goods or services.

5.   Paragraphs 1, 2 and 3 shall not apply to credit agreements secured by a mortgage or similar surety, credit agreements for housing or credit agreements cancelled under:

| (a) | Article 6 of Directive 2002/65/EC; |
| --- | --- |

(a)

Article 6 of Directive 2002/65/EC;

| (b) | Article 6 (4) of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts
   (13); |
| --- | --- |

(b)

Article 6 (4) of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts
   (13);

| (c) | Article 7 of Directive 94/47/EC of the European Parliament and of the Council of 26 October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis
   (14). |
| --- | --- |

(c)

Article 7 of Directive 94/47/EC of the European Parliament and of the Council of 26 October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis
   (14).

CHAPTER V

ANNUAL PERCENTAGE RATE OF CHARGE AND BORROWING RATE

Article 11

Annual percentage rate of charge

1.   The annual percentage rate of charge
  shall be calculated in a mathematically correct way using a formula in which the capital growth factor, taking into account all payment flows deriving from credit and linked transactions, is denoted by an exponent expressed in days divided by 365,325. The method is explained in Annex I
  .

Examples of the method of calculation are given in Annex II, by way of illustration.

2.   For the purpose of calculating the annual percentage rate of charge, the total cost of the credit to the consumer shall be determined, with the exception of charges payable by the consumer for non-compliance with any of his commitments laid down in the credit agreement and charges other than the purchase price which, for purchases of goods or services, he is obliged to pay whether the transaction is paid in cash or on credit.

The costs of maintaining
  the
  account recording both payment transactions and credit transactions, the costs of using a card or another means of payment for both payment transactions and drawdowns, and the costs relating to payment transactions in general shall be regarded as credit costs unless
  they are optional and
  they have been clearly and separately shown in the credit agreement or in any other agreement concluded with the consumer.

Costs relating to insurance premiums shall be included in the total cost of the credit if the insurance is
  compulsory in order to obtain
  the
  credit
  .

3.   The calculation of the annual percentage rate of charge shall be based on the assumption that the credit contract will remain valid for the period agreed and the creditor and the consumer will fulfil their obligations under the terms and by the dates agreed.

4.   In the case of credit agreements containing clauses allowing variations in the borrowing
  rate, the
  annual percentage
  rate shall
  be calculated on the
  basis of the final rate that applies to the credit agreement after that limited duration. Where the final rate is not known the creditor shall calculate the annual percentage rate on the basis of the standard rate for that or a similar credit agreement.

Where a lower borrowing rate is offered for a limited duration at the beginning of the credit agreement, the annual percentage rate shall be calculated on the basis of the final rate that applies to the credit agreement after that limited duration.

5.   Where necessary, the following assumptions may be adopted in calculating the annual percentage rate of charge:

| (a) | if a credit agreement gives the consumer freedom of drawdown, the total amount of credit shall deemed to be drawn down immediately and in full; |
| --- | --- |

(a)

if a credit agreement gives the consumer freedom of drawdown, the total amount of credit shall deemed to be drawn down immediately and in full;

| (b) | if there is no fixed timetable for repayment, and one cannot be deduced from the terms of the agreement and the means for repaying the credit granted, the duration of the credit shall be deemed to be one year; |
| --- | --- |

(b)

if there is no fixed timetable for repayment, and one cannot be deduced from the terms of the agreement and the means for repaying the credit granted, the duration of the credit shall be deemed to be one year;

| (c) | for open-end credit agreements, a constant capital balance should be assumed; |
| --- | --- |

(c)

for open-end credit agreements, a constant capital balance should be assumed;

| (d) | unless otherwise specified, where the agreement provides for more than one repayment date, the credit will be made available and the repayments made on the earliest date provided for in the agreement. |
| --- | --- |

(d)

unless otherwise specified, where the agreement provides for more than one repayment date, the credit will be made available and the repayments made on the earliest date provided for in the agreement.

6.   Where a credit agreement is drawn up in the form of a hire agreement with an option to purchase and the agreement provides for a number of dates on which the purchase option may be exercised, the annual percentage rate of charge shall be calculated for each of the these dates.

Where the residual value cannot be determined, the goods hired shall be subject to linear amortisation that makes its value equal to zero at the end of the normal hire period laid down in the credit
  agreement
  .

Article 12

Borrowing rate

1.   The borrowing rate may be fixed or variable.

2.   Where one or a number of fixed borrowing rates have been established, they shall apply for the duration of the period specified in the credit agreement.

3.   A variable borrowing rate
  may vary either after
  agreed periods provided for in the credit
  agreement in
  line with the agreed index or reference rate
  , or in accordance with other arrangements agreed on by the parties
  .

4.   The consumer shall be informed
  in writing
  of any change to the borrowing
  rate.

CHAPTER
  VI

PERFORMANCE OF A CREDIT AGREEMENT

Article 13

Early repayment

1.   The consumer shall be entitled to discharge fully or partially his obligations under a credit agreement
  at any time
  before
  expiry of
  the
  period
  fixed in the agreement.

2.   Any indemnity claimed by the creditor for early repayment shall be fair and objective and shall be calculated on the basis of actuarial principles.

No indemnity shall be claimed:

| (a) | for credit agreements where the period used to fix the borrowing rate is less than one year; |
| --- | --- |

(a)

for credit agreements where the period used to fix the borrowing rate is less than one year;

| (b) | if repayment has been made under an insurance contract intended to provide a conventional credit repayment guarantee; |
| --- | --- |

(b)

if repayment has been made under an insurance contract intended to provide a conventional credit repayment guarantee;

| (c) | for credit agreements which provide for payment of charges and interest without capital amortisation, with the exception of credit agreements providing constitution of capital. |
| --- | --- |

(c)

for credit agreements which provide for payment of charges and interest without capital amortisation, with the exception of credit agreements providing constitution of capital.

Article 14

Assignment of rights

Where the creditor's rights under a credit agreement or surety agreement are assigned to a third party, the consumer and, where applicable, the guarantor, shall be entitled to plead against the assignee of the creditor's rights under that agreement any defence which was available to him against the original creditor, including set-off where the latter is permitted in the Member State concerned.

The consumer must be informed that the contract has been assigned to a third party.

Article 15

Ban on the use of bills of exchange and other securities

The creditor or assignee of the creditor's rights under a credit agreement or surety agreement shall not require or invite the consumer or guarantor to guarantee payment of their commitments under that agreement by means of a bill of exchange or promissory note.

Moreover, the consumer or guarantor shall not be required to sign a cheque guaranteeing repayment, in full or in part, of the amount due.

Article 16

Linked transactions

1.   
  Where the consumer has withdrawn his acceptance of an agreement on the supply of goods or provision of another service by a firm, he shall no longer be bound by his acceptance of any consumer credit agreement linked to that agreement
  .

2.
     
  Where the consumer has withdrawn his acceptance of a consumer credit agreement, he shall no longer be bound by his acceptance of any agreement on the supply of goods or provision of another service linked to that consumer credit agreement
  .

3.
     
  The agreement shall contain information on the provisions of paragraphs 1 and 2 and on the procedure and special conditions for exercising the right of withdrawal.

4.
     
  Where:

| (a) | in order to buy goods or obtain services the consumer enters into a credit agreement with a person other than the supplier; |
| --- | --- |

(a)

in order to buy goods or obtain services the consumer enters into a credit agreement with a person other than the supplier;

| (b) | the creditor and the supplier of the goods or services have a pre-existing agreement under which credit is made available by that creditor to customers of that supplier for the acquisition of goods or services from that supplier; |
| --- | --- |

(b)

the creditor and the supplier of the goods or services have a pre-existing agreement under which credit is made available by that creditor to customers of that supplier for the acquisition of goods or services from that supplier;

| (c) | the consumer referred to in point (a) obtains his credit pursuant to that pre-existing agreement; and |
| --- | --- |

(c)

the consumer referred to in point (a) obtains his credit pursuant to that pre-existing agreement; and

| (d) | the goods or services covered by the credit agreement are not supplied, or are supplied only in part, or are not in conformity with the contract for supply thereof, |
| --- | --- |

(d)

the goods or services covered by the credit agreement are not supplied, or are supplied only in part, or are not in conformity with the contract for supply thereof,

the consumer shall have the right to pursue remedies against the creditor.

Member States shall determine to what extent and under what conditions these remedies shall be exercisable.

Member States shall take steps to move towards a system which facilitates such remedies within a period of five years from the date of entry into force of this Directive.

5.
     
  This Article is without prejudice to any provisions in Member States' legal systems which provide for circumstances in which a creditor will be jointly and severally liable for any claim the consumer may have against the supplier where the purchase of goods or services from the supplier has been financed by a credit agreement.

CHAPTER VII

SPECIFIC CREDIT
  AGREEMENTS

Article 17

Credit agreement in the form of an advance on a current account or a debit account

Where a credit agreement covers credit in the form of an advance on a current account or debit account, the consumer shall be regularly informed of his debit situation
  in writing, with
  the following information
  being provided
  :

| (a) | the precise period to which the statement of account relates; |
| --- | --- |

(a)

the precise period to which the statement of account relates;

| (b) | the amounts and dates of drawdowns; |
| --- | --- |

(b)

the amounts and dates of drawdowns;

| (c) | where applicable, the outstanding balance due from the previous statement, and the date
  thereof
  ; |
| --- | --- |

(c)

where applicable, the outstanding balance due from the previous statement, and the date
  thereof
  ;

| (d) | the
  last agreed borrowing
  rate
  . |
| --- | --- |

(d)

the
  last agreed borrowing
  rate
  .

Furthermore, the consumer shall be notified in writing during the course of the agreement of all changes in the annual rate of interest and in payable costs at the moment they arise.

Article 18

Open-end credit agreement

1.
     Either party may terminate an open-end credit agreement by
  giving notice in writing in
  accordance with the procedures laid down in the credit agreement and in accordance with national legislation regarding proof.

2.
     
  Credit may not be terminated inopportunely or in a manner constituting abuse of a right. The consumer must be allowed sufficient time to obtain the amount of credit owed or a consolidation loan.

3.
     
  Where an agreement is terminated by the consumer, the provisions laid down in Article 13 shall apply.

4.
     
  Fixed-term agreements of long duration cannot be renewed without explicit prior approval of the borrower.

CHAPTER VIII

PERFORMANCE OF A SURETY AGREEMENT

Article 19

Performance of a surety
  agreement

The
  creditor may take action against the guarantor only if the consumer, having defaulted on repayment of the credit, has failed to comply with a default notice within three months.

The guarantor must be informed as soon as a default notice has been sent to the consumer.

CHAPTER IX

NON-PERFORMANCE OF A CREDIT AGREEMENT

Article 20

Default notice and enforceability

1.   Member States shall ensure that:

| (a) | creditors, their representatives and any other assignee of the creditor's rights under a credit agreement or surety agreement may not take disproportionate measures to recover amounts due to them in the event of non-performance of such agreements; |
| --- | --- |

(a)

creditors, their representatives and any other assignee of the creditor's rights under a credit agreement or surety agreement may not take disproportionate measures to recover amounts due to them in the event of non-performance of such agreements;

| (b) | the total amount of charges claimed by the creditor in the event of default of payment shall be proportionate to the real costs that have arisen to the creditor as a direct consequence of the consumer's failure to fulfil his obligations; |
| --- | --- |

(b)

the total amount of charges claimed by the creditor in the event of default of payment shall be proportionate to the real costs that have arisen to the creditor as a direct consequence of the consumer's failure to fulfil his obligations;

| (c) | the creditor may demand immediate payment in the event of default or invoke a clause providing an express resolutive condition only through a prior default notice requesting the consumer or, where applicable, the guarantor to comply with his obligations under the agreement within a reasonable period of
  time
  ; |
| --- | --- |

(c)

the creditor may demand immediate payment in the event of default or invoke a clause providing an express resolutive condition only through a prior default notice requesting the consumer or, where applicable, the guarantor to comply with his obligations under the agreement within a reasonable period of
  time
  ;

| (d) | the creditor may not suspend the consumer's drawdown rights unless he justifies his decision and is required to inform the consumer without delay; |
| --- | --- |

(d)

the creditor may not suspend the consumer's drawdown rights unless he justifies his decision and is required to inform the consumer without delay;

| (e) | in the event of non-performance of their obligations or in the event of early repayment, the consumer and the guarantor are entitled, on request and without delay, to receive a detailed statement of account, free of charge, allowing them to verify the charges and interest claimed. |
| --- | --- |

(e)

in the event of non-performance of their obligations or in the event of early repayment, the consumer and the guarantor are entitled, on request and without delay, to receive a detailed statement of account, free of charge, allowing them to verify the charges and interest claimed.

2.   A default notice as referred to in paragraph 1 (c) is not necessary:

| (a) | in the event
  of fraud by the consumer
  , evidence of which shall be provided by the creditor or the assignee of the creditor's rights; |
| --- | --- |

(a)

in the event
  of fraud by the consumer
  , evidence of which shall be provided by the creditor or the assignee of the creditor's rights;

| (b) | where the consumer alienates the property financed before the total amount of credit is repaid or uses the property in a manner inconsistent with the conditions of the credit agreement, and where the creditor or the assignee of the creditor's rights has a preferential claim, right of possession or reservation of title on the property financed, provided that the consumer has been informed of the existence of such preferential claim, right of possession or reservation of title prior to the conclusion of the contract. |
| --- | --- |

(b)

where the consumer alienates the property financed before the total amount of credit is repaid or uses the property in a manner inconsistent with the conditions of the credit agreement, and where the creditor or the assignee of the creditor's rights has a preferential claim, right of possession or reservation of title on the property financed, provided that the consumer has been informed of the existence of such preferential claim, right of possession or reservation of title prior to the conclusion of the contract.

Article 21

Overrunning of the total amount of
  credit

In the event of an unauthorised overrun of the total amount of credit granted,
  the creditor shall inform the
  consumer that
  he has overrun the credit amount or is in an unauthorised overdraft situation and shall inform him of the borrowing rate and/or the
  penalties,
  charges or
  interest on arrears applicable
  .

CHAPTER X

STATUTS AND CONTROL OF CREDITORS AND CREDIT INTERMEDIARIES

Article 22

Regulation
  of creditors and credit
  intermediaries

Member
  States
  shall ensure that creditors
  and credit intermediaries are
  regulated or supervised
  by an
  independent
  body
  or authority, until a European system of rules for credit intermediaries is in place.

Article 23

Obligations of credit intermediaries

Member States shall ensure that a credit intermediary:

| (a) | indicates in advertising and documentation intended for
  clients in
  particular whether he works exclusively with one or more
  creditors
  ; |
| --- | --- |

(a)

indicates in advertising and documentation intended for
  clients in
  particular whether he works exclusively with one or more
  creditors
  ;

| (b) | does
  not receive, directly or indirectly, any fee, in whatever form, from a consumer who has requested his services, unless all the following conditions are met:






  (i) | the amount of the fee is
  agreed with the credit intermediary in writing
  , |
| --- | --- | --- |

(b)

does
  not receive, directly or indirectly, any fee, in whatever form, from a consumer who has requested his services, unless all the following conditions are met:

(i)

the amount of the fee is
  agreed with the credit intermediary in writing
  ,

| (ii) | the credit intermediary does not receive a fee from the creditor, |
| --- | --- |

(ii)

the credit intermediary does not receive a fee from the creditor,

| (iii) | the credit agreement for which he has acted is actually concluded. |
| --- | --- |

(iii)

the credit agreement for which he has acted is actually concluded.

CHAPTER XI

FINAL PROVISIONS

Article 24

Effectiveness
  of the Directive's provisions

1.   
  Member
  States shall ensure that credit agreements and surety agreements do not derogate, to the detriment of the consumer or guarantor, from the provisions of national law implementing or corresponding to this Directive.

2.   Member States shall further ensure that the provisions they adopt in implementation of this Directive cannot be circumvented as a result of the way in which agreements are formulated, in particular by
  spreading the amount of the credit over several agreements
  .

3.   Consumers and guarantors may not waive the rights conferred on them by this Directive.

4.   Member States
  shall ensure that the
  protection granted by this Directive is not circumvented
  by virtue of the choice of the law of a
  third
  country as the law applicable to the agreement, if the agreement has a close link with the territory of one or more Member States.

5.
     
  This Directive shall not prevent Member States from maintaining or adopting more far-reaching provisions for the best possible consumer protection in accordance with their Treaty obligations.

6.
     
  Member States may not depart from the rules on the annual percentage rate of charge laid down in Article 11.

Article 25

Out-of-court redress

Member States shall encourage
  complaints and redress bodies for the out-of-court settlement of consumer disputes to also
  resolve cross-border
  disputes
  .

Article 26

Existing agreements

This Directive does not apply to credit agreements and surety agreements existing on the date the national implementing measures enter into
  force.

Article 27

Transposition

Member States shall adopt and publish, no later than ... (15), the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately inform the Commission thereof.

They shall apply these provisions from ... (15)
  .

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

Article 28

Repeal

Directive 87/102/EEC is repealed with effect from ... (15)
  .

Article 29

Entry into force

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

Article 30

Addressees

This Directive is addressed to the Member States.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 331 E, 31.12.2002, p. 200
  .

1

331 E, 31.12.2002

200

(2)  OJ C 234, 30.9.2003, p. 1
  .

2

234, 30.9.2003, p. 1

(3)  Position of the European Parliament of 20 April 2004.

3

Position of the European Parliament of 20 April 2004.

(4)  COM(95) 117 final.

4

(5)  OJ L 42, 12.2.1987, p. 48. Directive as last amended by Directive 98/7/EC of the European Parliament and of the Council (OJ L 101, 1.4.1998, p. 17
  )

5

as last

of the European Parliament and of the Council

)

(6)  COM(97) 465 final.

6

(7)  COM(96) 79 final.

7

(8)  OJ L 61, 10.3.1990, p. 14.

8

(9)  OJ L 250, 19.9.1984, p. 17. Directive amended by Directive 97/55/EC of the European Parliament and of the Council (OJ L 290, 23.10.1997, p. 18).

9

(10)  OJ L 271, 9.10.2002, p. 16
  .

10

271, 9.10.2002, p. 16

(11)  Directive 98/7/EC of the European Parliament and of the Council of 16 February 1998 amending Directive 87/102/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit (OJ L 101, 1.4.1998, p. 17).

11

(12)  Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises (OJ L 372, 31.12.1985, p. 31).

12

(13)  OJ L 144, 4.6.1997, p.19. Directive amended by Directive 2002/65/EC.

13

Directive amended by Directive 2002/65/EC.

(14)  OJ L 280, 29.10.1994, p. 83.

14

(15)  Two years after the entry into force of this Directive.

15

ANNEX I

THE BASIC EQUATION EXPRESSING THE EQUIVALENCE OF DRAWDOWNS ON THE ONE HAND AND REPAYMENTS AND CHARGES ON THE OTHER

The basic equation, which establishes the annual percentage rate of charge (APR), equates, on an annual basis, the total present value of drawdowns on the one hand and the total present value of repayments and payments of charges on the other hand, i.e.:

Formula

Where:

| — | X is the APR |
| --- | --- |

—

X is the APR

| — | m is the number of the last drawdown |
| --- | --- |

—

m is the number of the last drawdown

| — | k is the number of a drawdown, therefore 1 ≤ k ≤ m, |
| --- | --- |

—

k is the number of a drawdown, therefore 1 ≤ k ≤ m,

| — | Ck is the amount of drawdown k, |
| --- | --- |

—

Ck is the amount of drawdown k,

| — | tk is the interval, expressed in years and fractions of a year, between the date of the first drawdown and the date of each subsequent drawdown, therefore t1
  = 0, |
| --- | --- |

—

tk is the interval, expressed in years and fractions of a year, between the date of the first drawdown and the date of each subsequent drawdown, therefore t1
  = 0,

| — | m is the number of the last repayment or payment of charges, |
| --- | --- |

—

m is the number of the last repayment or payment of charges,

| — | l is the number of a repayment or payment of charges, |
| --- | --- |

—

l is the number of a repayment or payment of charges,

| — | Dl is the amount of a repayment or payment of charges, |
| --- | --- |

—

Dl is the amount of a repayment or payment of charges,

| — | sl is the interval, expressed in years and fractions of a year, between the date of the first drawdown and the date of each repayment or payment of charges. |
| --- | --- |

—

sl is the interval, expressed in years and fractions of a year, between the date of the first drawdown and the date of each repayment or payment of charges.

Remarks

| (a) | The amounts paid by both parties at different times shall not necessarily be equal and shall not necessarily be paid at equal intervals. |
| --- | --- |

(a)

The amounts paid by both parties at different times shall not necessarily be equal and shall not necessarily be paid at equal intervals.

| (b) | The starting date shall be that of the first drawdown. |
| --- | --- |

(b)

The starting date shall be that of the first drawdown.

| (c) | Intervals between dates used in the calculations shall be expressed in years or in fractions of a year. A year is presumed to have 365 days (or 366 days for leap years), 52 weeks or 12 equal months. An equal month is presumed to have 30.41666 days (i.e. 365/12) regardless of whether or not it is a leap year. |
| --- | --- |

(c)

Intervals between dates used in the calculations shall be expressed in years or in fractions of a year. A year is presumed to have 365 days (or 366 days for leap years), 52 weeks or 12 equal months. An equal month is presumed to have 30.41666 days (i.e. 365/12) regardless of whether or not it is a leap year.

| (d) | The result of the calculation shall be expressed with an accuracy of at least one decimal place. If the figure at the following decimal place is greater than or equal to 5, the figure at that particular decimal place shall be increased by one. |
| --- | --- |

(d)

The result of the calculation shall be expressed with an accuracy of at least one decimal place. If the figure at the following decimal place is greater than or equal to 5, the figure at that particular decimal place shall be increased by one.

| (e) | The equation can be rewritten using a single sum and the concept of flows (Ak), which will be positive or negative, in other words either paid or received during periods 1 to k, expressed in years, i.e.:

  S being the present balance of flows. If the aim is to maintain the equivalence of flows, the value will be zero. |
| --- | --- |

(e)

The equation can be rewritten using a single sum and the concept of flows (Ak), which will be positive or negative, in other words either paid or received during periods 1 to k, expressed in years, i.e.:

S being the present balance of flows. If the aim is to maintain the equivalence of flows, the value will be zero.

| (f) | Member States shall provide that the methods of resolution applicable give a result equal to that of the examples presented in
  Annex II
  . |
| --- | --- |

(f)

Member States shall provide that the methods of resolution applicable give a result equal to that of the examples presented in
  Annex II
  .

ANNEX II

EXAMPLES OF CALCULATION OF THE ANNUAL PERCENTAGE RATE OF CHARGE

Preliminary remarks

Unless otherwise stated, all examples assume a single drawdown of credit equal to the total amount of the credit and placed at the consumer's disposal as soon as the credit agreement is concluded. In this connection, it should be noted that if the credit agreement gives the consumer freedom of drawdown, the total amount of credit is deemed to be drawn down immediately and in full.

Some Member States, in order to express the borrowing rate, have opted for an effective rate and the equivalent conversion method, thus avoiding a situation in which the calculation of periodical interest is carried out in countless ways using different pro rata temporis rules which have only a very vague relationship with the linear nature of time. Other Member States permit a nominal periodic rate using a proportional conversion method. This Directive seeks to separate any further regulation of borrowing rates from the regulation of effective rates, simply stating the rate used. The examples in this Annex refer to the method that has been used.

Example 1

Total amount of credit (capital) of EUR 6 000, repayable in four equal annual instalments of EUR 1 852.

The equation becomes:

Formula

or:

Formula

giving X = 9,00000 %, i.e. an APR of 9,0 %.

Example 2

Total amount of credit (capital) EUR 6 000, repayable in 48 equal monthly instalments of EUR 149,31.

The equation becomes:

Formula

or:

Formula

giving X = 9,380593 %, i.e. an APR of 9,4 %.

Example 3

Total amount of credit (capital) of EUR 6 000, repayable in 48 equal monthly instalments of EUR 149,31. Administrative charges of EUR 60,00 are payable on conclusion of the contract.

The equation becomes:

Formula

or:

Formula

giving X = 9,954966 %, i.e. an APR of 10 %.

Example 4

Total amount of credit (capital) of EUR 6 000, repayable in 48 equal monthly instalments of EUR 149,31. Administrative charges of EUR 60 are spread over the repayments. The monthly instalment is therefore (EUR 149,31 + (EUR 60/48)) = EUR 150,56.

The equation becomes:

Formula

or:

Formula

giving X = 9,856689 %, i.e. an APR of 9,9 %.

Example 5

Total amount of credit (capital) of EUR 6 000, repayable in 48 equal monthly instalments of EUR 149,31. Administrative charges are EUR 60, and insurance EUR 3 per month. The costs associated with insurance premiums must be included in the total cost of the credit if the insurance is taken out when the credit agreement is concluded. The instalment is therefore EUR 152,31.

The equation becomes:

Formula

or:

Formula

giving X = 11,1070115 %, i.e. an APR of 11,1 %.

Example 6

Balloon-type credit agreement for a total amount of credit of EUR 6 000 (purchasing price of a car to be financed), repayable in 47 equal monthly instalments of EUR 115,02 plus a final payment of EUR 1 915,02 representing the residual value of 30% of the capital (balloon agreement), plus insurance of EUR 3 per
  month. The
  costs associated with insurance premiums must be included in the total cost of the credit if the insurance is taken out when the credit agreement is concluded. The instalment is therefore EUR 118,02, and the final payment will amount to EUR 1 918,02.

The equation becomes:

Formula

or:

Formula

giving X = 9,381567 %, i.e. an APR of 9,4 %.

Example 7

Credit agreement for a total amount of credit (capital) of EUR 6 000, with administrative charges of EUR 60 payable on conclusion of the contract, and two payment periods of 22 and 26 months respectively. The second-period instalment corresponds to 60% of the first-period instalment. The respective monthly instalments are EUR 186,36 and EUR 111,82.

The equation becomes:

Formula

or:

Formula

giving X = 10,04089 %, i.e. an APR of 10,0 %.

Example 8

Credit agreement for a total amount of credit (capital) of EUR 6 000, with administrative charges of EUR 60 payable on conclusion of the contract, and two payment periods of 22 and 26 months respectively, the first-period instalment corresponding to 60% of the second-period instalment. The respective monthly instalments are EUR 112,15 and EUR 186,91.

The equation becomes:

Formula

or:

Formula

giving X = 9,888383 %, i.e. an APR of 9,9 %.

Example 9

Credit agreement for a total amount of credit (price of goods) of EUR 500, repayable in three equal monthly instalments calculated by applying the borrowing rate T of 18% (nominal rate), plus administrative charges of EUR 30 spread over the payments. The monthly instalment is therefore EUR 171,69 + EUR 10,00 charges = EUR 181,69.

The equation becomes:

Formula

or:

Formula

giving X = 68,474596 %, i.e. an APR of 68,5 %.

This example typifies practices still used by certain specialist ‘vendor-credit’ establishments.

Example 10

Credit agreement for a total amount of credit (capital) of EUR 1 000, repayable in two instalments of either EUR 700 after one year and EUR 500 after two years, or EUR 500 after one year and EUR 700 after two years

The equation becomes:

Formula

giving X = 13,898663 %, i.e. an APR of 13,9 %.

or:

Formula

giving X = 12,321446 %, i.e. an APR of 12,3 %.

This example shows that the annual percentage rate of charge depends on the payment periods and that stating the total cost of the credit in the prior information or in the credit agreement is of no benefit to the consumer. Despite the total cost of credit being EUR 200 in both cases, there are two different APRs (depending on the speed of repayment).

Example 11

Credit agreement for a total amount of credit of EUR 6 000, with a borrowing rate of 9%, repayment in four equal annual instalments of EUR 1 852,01, and administrative charges of EUR 60 payable on conclusion of the agreement.

The equation becomes:

Formula

or:

Formula

giving X = 9,459052 %, i.e. an APR of 9,5 %.

In the event of early repayment, the equations become:

After one year:

Formula

where 6 540 is the sum due, including interest, before payment of the first scheduled payment according to the amortisation table,

giving X = 10,101010 %, i.e. an APR of 10,1 %.

After two years:

Formula

where 5 109,91 is the sum due, including interest, before payment of the second scheduled payment according to the amortisation table,

giving X = 9,640069 %, i.e. an APR of 9,6 %.

After three years:

Formula

where 3 551,11 is the sum due, including interest, before payment of the third scheduled payment according to the amortisation table,

giving X = 9,505315 %, i.e. an APR of 9,5%

This shows how the provisional APR decreases in the course of time, especially where charges are payable on conclusion of the
  agreement
  .

Example 12

Credit agreement for a total amount of credit of EUR 6 000, with a borrowing rate T of 9% (nominal rate), repayment in 48 monthly instalments of EUR 149,31 (calculated proportionally), and administrative charges of EUR 60 payable on conclusion of the agreement.

The equation becomes:

Formula

or:

Formula

giving X = 9,9954957 %, i.e. an APR of 10 %.

However, in the case of early repayment, this becomes:

After one year:

Formula

where 4 844,64 is the sum due, including interest, before payment of the 12th scheduled payment according to the amortisation table,

giving X=10,655907 %, i.e. an APR of 10,7 %.

After two years:

Formula

where 3 417,58 is the sum due, including interest, before payment of the 24th monthly instalment according to the amortisation table,

giving X = 10,136089 %, i.e. an APR of 10,1 %.

After three years:

Formula

where 1 856,66 is the sum due, including interest, before payment of the 36th monthly instalment according to the amortisation table,

giving X = 9,991921 %, i.e. an APR of 10 %.

Example 13

Total amount of credit (capital) of EUR 6 000, repayable in four equal annual instalments of EUR 1 852. Let us now assume that the borrowing rate (nominal rate) is variable and increases from 9,00 % to 10,00 % after the second annual instalment. This results in a new annual instalment of EUR 1 877,17. Remember that, in calculating the APR, it is normally assumed that the borrowing rate and other costs remain fixed at the initial level and apply until the end of the credit agreement. In that case (example 1), the APR will be 9 %.

In the event of any change to the rate, the new APR must be communicated and calculated on the assumption that the credit agreement will remain in force for the rest of the agreed duration, and that the creditor and consumer will fulfil their obligations under the terms and by the dates agreed.

The equation becomes:

Formula

or:

Formula

giving X = 9,741569, i.e. an APR of 9,7 %.

Example 14

Total amount of credit (capital) of EUR 6 000, repayable in 48 equal monthly instalments of EUR 149,31, with administrative charges of EUR 60 payable on conclusion of the agreement, plus insurance of EUR 3 per month. The costs associated with insurance premiums must be included in the total cost of the credit if the insurance is taken out when the credit agreement is concluded. The instalment is therefore EUR 152,31 and the calculation, as in example 5, gives X = 11,107112, i.e. an APR of 11,1 %.

Let us now assume that the borrowing rate (nominal) is variable and increases to 10 % after the 17th payment. This change requires a new APR to be communicated and calculated on the assumption that the credit agreement will remain in force for the rest of the agreed duration, and that the creditor and consumer will fulfil their obligations under the terms and on the dates agreed.

The equation becomes:

Formula

or:

Formula

giving X = 11,542740 %, i.e. an APR of 11,5 %.

Example 15

Credit agreement of the ‘leasing’ type for a car with a value of EUR 15 000. The agreement stipulates 48 monthly instalments of EUR 350. The first monthly instalment is payable as soon as the car is placed at the consumer's disposal. At the end of the 48 months the purchase option may be taken up by paying the residual value of EUR 1 250.

The equation becomes:

Formula

or:

Formula

giving X = 9,541856 %, i.e. an APR of 9,5 %.

Example 16

Credit agreement of the ‘financing’, ‘vendor credit’ or ‘hire purchase’ type for goods with a value of EUR 2 500. The credit agreement provides for a down-payment of EUR 500 plus 24 monthly instalments of EUR 100, the first of which must be paid within 20 days of the goods being placed at the consumer's disposal.

In such cases the down-payment is never part of the financing operation.

The equation becomes:

Formula

or:

Formula

giving X = 20,395287, or an APR of 20,4 %.

Example 17

Credit agreement for a credit line of EUR 2 500 for a period of six months. The credit agreement provides for payment of the total cost of the credit every month and repayment of the total amount of the credit at the end of the agreement. The annual borrowing rate (effective rate) is 8 %, and the charges amount to 0,25 % per month. The assumption that the amount of credit is drawn down immediately and in full applies here.

The monthly borrowing interest payment is calculated on the basis of an equivalent monthly rate, using the equation:

a = 2500 . {[(1,08)1/12 - 1] + 0,25}

or:

a = 2500 . (0,006434 + 0,0025) = 22,34

This becomes:

Formula

or:

Formula

giving X = 11,263633 i.e. an APR of 11,3 %.

Example 18

Credit agreement for an open-end credit line of EUR 2 500. The agreement provides for a minimum halfyearly payment of 25 % of the outstanding balance (capital and interest), with a minimum of EUR 25. The annual borrowing rate (effective rate) is 12 %, and the administrative charge payable on conclusion of the agreement is EUR 50.

(The equivalent monthly rate is obtained by the equation:

i = (1 + 0,12)6/12 - 1 = 0,00583

or 5,83 %).

The 19 half-yearly repayments (Dl) can be obtained from an amortisation table, giving D1 = 661,44; D2 = 525; D3 = 416,71; D4 = 330,75; D5 = 262,52; D6 = 208,37; D7 = 165,39; D8 = 208,37; D9 = 104,20; D10 = 82,70; D11 = 65,64; D12 = 52,1; D13 = 41,36; D14 = 32,82; D15 = 25; D16 = 25; D17 = 25; D18 = 25; D19 = 15,28.

The equation becomes:

Formula

giving X = 13,151744 %, i.e. an APR of 13,2 %.

Example 19

Credit agreement for an open-end credit line involving the use of a card for drawdowns. Total amount of the credit: EUR 700. The agreement provides for a minimum monthly payment of 5 % of the outstanding balance (capital and interest), and the scheduled instalment (a) may not be less than EUR 25. The annual cost of the card is EUR 20. The annual borrowing rate (effective rate) is 0 % for the first instalment and 12 % for the subsequent instalments.

The 31 monthly repayment amounts (Dl) can be obtained from an amortisation table, giving D1 = 55,00; D2 = 33,57; D3 = 32,19; D4 = 30,87; D5 = 29,61; D6 = 28,39; D7 = 27,23; D8 = 26,11; D9 = 25,04; D10 to D12 = 25.00; D13 = 45; D14 à D24 = 25,00; D25 = 45; D26 to D30 = 25,00; D31 = 2,25.

The equation becomes:

Formula

giving X = 18,470574, i.e. an APR of 18,5 %

Example 20

Open-end credit line in the form of an advance on a current account. Total amount of credit: EUR 2 500. The credit agreement does not impose any requirements in terms of repayment of capital, but provides for monthly payment of the total cost of the credit. The annual borrowing rate is 8 % (effective rate). The monthly charges amount to EUR 2.50.

It is assumed that the full amount of credit will be drawn down, with repayment in theory after one year.

First of all, the theoretical scheduled payment of interest and charges (a) is calculated

a = {2500 . [(1,08)1/12 - 1] + 2,50

then:

Formula

i.e.:

Formula

giving X = 9,295804, i.e. an APR of
  9,3 %.

P5_TA(2004)0298

Unfair business-to-consumer commercial practices ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council directive concerning unfair business-to-consumer commercial practices in the Internal Market and amending Directives 84/450/EEC, 97/7/EC and 98/27/EC (the Unfair Commercial Practices Directive) (COM(2003) 356 — C5-0288/2003 — 2003/0134(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 356) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 356) (1),

| — | having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0288/2003), |
| --- | --- |

—

having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0288/2003),

| — | 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 Legal Affairs and the Internal Market (A5-0188/2004), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0188/2004),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

---

(1)  Not yet published in the OJ.

P5_TC1-COD(2003)0134

Position of the European Parliament adopted at first reading on 20 April 2004 with a view to the adoption of European Parliament and Council Directive 2004/.../EC concerning unfair business-toconsumer commercial practices in the Internal Market and amending Directives 84/450/EEC, 97/7/EC and 98/27/EC (the Unfair Commercial Practices Directive)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular
  Articles 95 and 153
  thereof,

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

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

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

Whereas:

| (1) | In accordance with Article 14(2) of the Treaty, the internal market comprises an area without internal frontiers in which the free movement of goods, services and the freedom of establishment are ensured. The development of fair commercial practices within the area without internal frontiers is vital to promote the development of cross-border activities. |
| --- | --- |

(1)

In accordance with Article 14(2) of the Treaty, the internal market comprises an area without internal frontiers in which the free movement of goods, services and the freedom of establishment are ensured. The development of fair commercial practices within the area without internal frontiers is vital to promote the development of cross-border activities.

| (2) | The laws of the Member States relating to unfair commercial practices show marked differences which can generate appreciable distortions of competition and obstacles to the smooth functioning of the internal market. In the field of advertising, Council Directive 84/450/EEC of 10 September 1984 concerning misleading and comparative advertising (4) establishes minimum criteria for harmonising misleading advertising, but does not prevent the Member States from retaining or adopting measures which provide more extensive protection for consumers. As a result Member States' provisions on misleading advertising diverge significantly. |
| --- | --- |

(2)

The laws of the Member States relating to unfair commercial practices show marked differences which can generate appreciable distortions of competition and obstacles to the smooth functioning of the internal market. In the field of advertising, Council Directive 84/450/EEC of 10 September 1984 concerning misleading and comparative advertising (4) establishes minimum criteria for harmonising misleading advertising, but does not prevent the Member States from retaining or adopting measures which provide more extensive protection for consumers. As a result Member States' provisions on misleading advertising diverge significantly.

| (3) | These disparities cause uncertainty as to which national rules apply to unfair commercial practices harming consumers' economic interests and create many barriers affecting business and consumers. These barriers increase the cost to business of exercising internal market freedoms, in particular when they wish to engage in cross border marketing, advertising campaigns and sales promotions. They also make consumers uncertain of their rights and undermine their confidence in the internal market. |
| --- | --- |

(3)

These disparities cause uncertainty as to which national rules apply to unfair commercial practices harming consumers' economic interests and create many barriers affecting business and consumers. These barriers increase the cost to business of exercising internal market freedoms, in particular when they wish to engage in cross border marketing, advertising campaigns and sales promotions. They also make consumers uncertain of their rights and undermine their confidence in the internal market.

| (4) | In the absence of uniform rules at Community level, obstacles to the free movement of services and goods across borders or the freedom of establishment could be justified in the light of the case-law of the Court of Justice of the European Communities as long as they seek to protect recognised public interest objectives and are proportionate to those objectives. In view of the Community's objectives, as set out in the provisions of the Treaty relating to freedom of movement, of secondary Community law, and in accordance with the Commission's policy on commercial communications (5), such obstacles should be eliminated. These obstacles can only be eliminated by establishing uniform rules at Community level and by clarifying certain legal concepts at Community level to the extent necessary for the proper functioning of the Internal Market and to meet the requirement of legal certainty. |
| --- | --- |

(4)

In the absence of uniform rules at Community level, obstacles to the free movement of services and goods across borders or the freedom of establishment could be justified in the light of the case-law of the Court of Justice of the European Communities as long as they seek to protect recognised public interest objectives and are proportionate to those objectives. In view of the Community's objectives, as set out in the provisions of the Treaty relating to freedom of movement, of secondary Community law, and in accordance with the Commission's policy on commercial communications (5), such obstacles should be eliminated. These obstacles can only be eliminated by establishing uniform rules at Community level and by clarifying certain legal concepts at Community level to the extent necessary for the proper functioning of the Internal Market and to meet the requirement of legal certainty.

| (5) | This Directive therefore approximates the laws of the Member States on unfair commercial practices, including unfair advertising, which harm consumers' economic interests. It neither covers nor affects the national laws on unfair commercial practices which harm only competitors' economic interests or which relate to a transaction between traders,
  although activities not allowed under this Directive may be considered as unfair under competition rules as well. It does not affect
  the provisions of Directive 84/450/EEC on advertising which misleads business but which is not misleading for consumers and on comparative advertising. Neither does it affect accepted advertising and marketing practices such as product placement, brand differentiation or the offering of incentives which may legitimately affect consumers' perceptions of products and influence their behaviour without impairing the consumer's ability to make an informed decision. This Directive addresses commercial practices directly related to influencing consumers' transactional decisions in relation to products. It does not address commercial practices carried out primarily for other purposes, including for example commercial communication aimed at investors, such as annual reports and corporate promotional literature. |
| --- | --- |

(5)

This Directive therefore approximates the laws of the Member States on unfair commercial practices, including unfair advertising, which harm consumers' economic interests. It neither covers nor affects the national laws on unfair commercial practices which harm only competitors' economic interests or which relate to a transaction between traders,
  although activities not allowed under this Directive may be considered as unfair under competition rules as well. It does not affect
  the provisions of Directive 84/450/EEC on advertising which misleads business but which is not misleading for consumers and on comparative advertising. Neither does it affect accepted advertising and marketing practices such as product placement, brand differentiation or the offering of incentives which may legitimately affect consumers' perceptions of products and influence their behaviour without impairing the consumer's ability to make an informed decision. This Directive addresses commercial practices directly related to influencing consumers' transactional decisions in relation to products. It does not address commercial practices carried out primarily for other purposes, including for example commercial communication aimed at investors, such as annual reports and corporate promotional literature.

| (6) | This Directive is without prejudice to individual actions brought by
  those
  who have been harmed by an unfair commercial practice. It is also without prejudice to Community and national rules on contract law, intellectual property rights, rules relating to the health and safety aspects of products and to Community competition rules and the national provisions implementing them. |
| --- | --- |

(6)

This Directive is without prejudice to individual actions brought by
  those
  who have been harmed by an unfair commercial practice. It is also without prejudice to Community and national rules on contract law, intellectual property rights, rules relating to the health and safety aspects of products and to Community competition rules and the national provisions implementing them.

| (7) | It is necessary to ensure that the relationship between this Directive and existing Community law is coherent, particularly where detailed provisions on unfair commercial practices apply to specific sectors. This Directive therefore amends Directive 84/450/EEC, Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts (6)
  and Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers' interests (7). This Directive accordingly applies only in so far as there are no specific Community law provisions regulating specific aspects of unfair commercial practices, such as information requirements and rules on the way the information is presented to the consumer. It provides protection for consumers where there is no specific sectoral legislation at Community level and prohibits traders from creating a false impression of the nature of products. This is particularly important for complex products with high levels of risk to consumers, such as certain financial services products. The Directive consequently complements the Community acquis which is applicable to commercial practices harming consumers' economic interests and, in particular, Regulation (EC) No .../2004 of the European Parliament and Council of ... concerning sales promotions in the internal market (8). The Regulation removes certain bans or limitation to the use of sales promotions and reference to them in commercial communications. The general requirements on misleading advertising and other unfair commercial practices, which are applicable to the use and communication of sales promotions, are covered by this Directive. |
| --- | --- |

(7)

It is necessary to ensure that the relationship between this Directive and existing Community law is coherent, particularly where detailed provisions on unfair commercial practices apply to specific sectors. This Directive therefore amends Directive 84/450/EEC, Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts (6)
  and Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers' interests (7). This Directive accordingly applies only in so far as there are no specific Community law provisions regulating specific aspects of unfair commercial practices, such as information requirements and rules on the way the information is presented to the consumer. It provides protection for consumers where there is no specific sectoral legislation at Community level and prohibits traders from creating a false impression of the nature of products. This is particularly important for complex products with high levels of risk to consumers, such as certain financial services products. The Directive consequently complements the Community acquis which is applicable to commercial practices harming consumers' economic interests and, in particular, Regulation (EC) No .../2004 of the European Parliament and Council of ... concerning sales promotions in the internal market (8). The Regulation removes certain bans or limitation to the use of sales promotions and reference to them in commercial communications. The general requirements on misleading advertising and other unfair commercial practices, which are applicable to the use and communication of sales promotions, are covered by this Directive.

| (8) | The high level of convergence achieved by the approximation of national provisions through this Directive creates a high common level of consumer protection. The Directive
  prohibits
  unfair commercial practices distorting consumers' economic behaviour. It also sets rules on aggressive commercial practices, which are currently not regulated at EU level. The harmonisation achieved and the high common level of consumer protection
  it aims to
  create
  will
  in
  time produce
  the conditions to make the principle of mutual recognition applicable in the field co-ordinated by the Directive. |
| --- | --- |

(8)

The high level of convergence achieved by the approximation of national provisions through this Directive creates a high common level of consumer protection. The Directive
  prohibits
  unfair commercial practices distorting consumers' economic behaviour. It also sets rules on aggressive commercial practices, which are currently not regulated at EU level. The harmonisation achieved and the high common level of consumer protection
  it aims to
  create
  will
  in
  time produce
  the conditions to make the principle of mutual recognition applicable in the field co-ordinated by the Directive.

| (9) | As a result of the combination of harmonisation and the principle of mutual recognition legal certainty will considerably increase for both consumers and business. Both consumers and business will be able to rely on a single regulatory framework based on clearly defined legal concepts regulating all aspects of unfair commercial practices across the EU. Business will only have to comply with the national rules transposing the Directive in the country where there are established. The effect will be to eliminate the barriers stemming from the fragmentation of the rules on unfair commercial practices harming consumer economic interests and enable the achievement of the internal market in this area. The place where a trader is established shall be determined in conformity with any specific provisions in Community law and in conformity with the case law of the Court of Justice of the European Communities. |
| --- | --- |

(9)

As a result of the combination of harmonisation and the principle of mutual recognition legal certainty will considerably increase for both consumers and business. Both consumers and business will be able to rely on a single regulatory framework based on clearly defined legal concepts regulating all aspects of unfair commercial practices across the EU. Business will only have to comply with the national rules transposing the Directive in the country where there are established. The effect will be to eliminate the barriers stemming from the fragmentation of the rules on unfair commercial practices harming consumer economic interests and enable the achievement of the internal market in this area. The place where a trader is established shall be determined in conformity with any specific provisions in Community law and in conformity with the case law of the Court of Justice of the European Communities.

| (10) | In order to achieve the Community's objectives through the removal of internal market barriers it is necessary to
  harmonise
  Member States' existing, divergent general clauses and legal principles. This Directive therefore
  includes a prohibition of
  unfair commercial practices distorting consumers' economic behaviour.
  In order to achieve its consumer protection objective and to support consumer confidence the prohibition applies equally to unfair commercial practices which occur outside any contractual relationship between the trader and the consumer or following the conclusion of a contract and during its execution. The prohibition
  is elaborated by rules on the two types of commercial practices which are by far the most common, namely misleading commercial practices and aggressive commercial practices. |
| --- | --- |

(10)

In order to achieve the Community's objectives through the removal of internal market barriers it is necessary to
  harmonise
  Member States' existing, divergent general clauses and legal principles. This Directive therefore
  includes a prohibition of
  unfair commercial practices distorting consumers' economic behaviour.
  In order to achieve its consumer protection objective and to support consumer confidence the prohibition applies equally to unfair commercial practices which occur outside any contractual relationship between the trader and the consumer or following the conclusion of a contract and during its execution. The prohibition
  is elaborated by rules on the two types of commercial practices which are by far the most common, namely misleading commercial practices and aggressive commercial practices.

| (11) | It is desirable that misleading commercial practices cover those practices, including misleading advertising, which by deceiving the consumer prevent him from making an informed and thus efficient choice.
  It is not the intention of this Directive to reduce consumer choice by disallowing or restricting the promotion of cheaper ‘lookalike’ products except insofar as the consumer needs protection against implicit or explicit attempts to mislead by ‘passing off’.
  In conformity with the laws and practices of the Member States on misleading advertising, the Directive classifies misleading practices into misleading actions and misleading omissions. In respect of the omissions, the Directive sets out a limited number of key items of information which the consumer needs to make an informed transactional decision. Such information will not have to be disclosed in all advertisements, but only where the trader makes an invitation to purchase, which is a concept clearly defined in the Directive. |
| --- | --- |

(11)

It is desirable that misleading commercial practices cover those practices, including misleading advertising, which by deceiving the consumer prevent him from making an informed and thus efficient choice.
  It is not the intention of this Directive to reduce consumer choice by disallowing or restricting the promotion of cheaper ‘lookalike’ products except insofar as the consumer needs protection against implicit or explicit attempts to mislead by ‘passing off’.
  In conformity with the laws and practices of the Member States on misleading advertising, the Directive classifies misleading practices into misleading actions and misleading omissions. In respect of the omissions, the Directive sets out a limited number of key items of information which the consumer needs to make an informed transactional decision. Such information will not have to be disclosed in all advertisements, but only where the trader makes an invitation to purchase, which is a concept clearly defined in the Directive.

| (12) | The commercial practices found in Annex 1 should in all circumstances be regarded as unfair. Member States should transpose Annex 1 in its entirety without modification, deletions or additions. The Commission should regularly report to the European Parliament and Council on the application of the Directive, including Annex 1, and when necessary propose a revision of the Directive in accordance the procedure laid down in Article 251 of the Treaty. |
| --- | --- |

(12)

The commercial practices found in Annex 1 should in all circumstances be regarded as unfair. Member States should transpose Annex 1 in its entirety without modification, deletions or additions. The Commission should regularly report to the European Parliament and Council on the application of the Directive, including Annex 1, and when necessary propose a revision of the Directive in accordance the procedure laid down in Article 251 of the Treaty.

| (13) | The provisions on aggressive commercial practices should cover those practices which significantly impair the consumer's freedom of choice. Those are practices using harassment, coercion and undue influence. |
| --- | --- |

(13)

The provisions on aggressive commercial practices should cover those practices which significantly impair the consumer's freedom of choice. Those are practices using harassment, coercion and undue influence.

| (14) | This Directive codifies the average consumer test elaborated by the Court of Justice of the European Communities. Pursuant to the Court's case law national courts must in applying the test also take
  economic,
  social, cultural or linguistic factors into account. Where a commercial practice is specifically aimed at a particular group of consumers, such as children, it is desirable that the impact of the commercial practice be assessed from the perspective of the average member of that group. |
| --- | --- |

(14)

This Directive codifies the average consumer test elaborated by the Court of Justice of the European Communities. Pursuant to the Court's case law national courts must in applying the test also take
  economic,
  social, cultural or linguistic factors into account. Where a commercial practice is specifically aimed at a particular group of consumers, such as children, it is desirable that the impact of the commercial practice be assessed from the perspective of the average member of that group.

| (15) | Since the most vulnerable consumers are those most likely to be the victims of the unfair commercial practices covered by this Directive, it is appropriate that their interests as consumers be protected, due regard being had, according to the circumstances of the case, to factors such as age (for example minors and the elderly), particular physical or mental conditions (for example maternity or bereavement) and level of literacy. To this end, it is necessary to prevent undue exploitation of the vulnerable characteristics of a particular group of consumers. In addition, personal characteristics which make individuals particularly vulnerable, such as physical or mental disabilities, ought to be taken into account in cases of direct relations with individual consumers, such as door-todoor sales or solicitations or harassment directed towards individual consumers before, during and after the conclusion of a contract. |
| --- | --- |

(15)

Since the most vulnerable consumers are those most likely to be the victims of the unfair commercial practices covered by this Directive, it is appropriate that their interests as consumers be protected, due regard being had, according to the circumstances of the case, to factors such as age (for example minors and the elderly), particular physical or mental conditions (for example maternity or bereavement) and level of literacy. To this end, it is necessary to prevent undue exploitation of the vulnerable characteristics of a particular group of consumers. In addition, personal characteristics which make individuals particularly vulnerable, such as physical or mental disabilities, ought to be taken into account in cases of direct relations with individual consumers, such as door-todoor sales or solicitations or harassment directed towards individual consumers before, during and after the conclusion of a contract.

| (16) | It is appropriate to provide a role for codes of conduct, which enable traders to
  establish self-binding rules in accordance with
  the principles of this Directive

  . The establishment and the use of these codes and of the firm commitments within them should respect the requirements established by competition law. With the aim of pursuing a high level of consumer protection, consumers' organisations should be informed and involved in the drafting of a code of conduct. |
| --- | --- |

(16)

It is appropriate to provide a role for codes of conduct, which enable traders to
  establish self-binding rules in accordance with
  the principles of this Directive

  . The establishment and the use of these codes and of the firm commitments within them should respect the requirements established by competition law. With the aim of pursuing a high level of consumer protection, consumers' organisations should be informed and involved in the drafting of a code of conduct.

| (17) | Persons or organisations regarded under national law as having a legitimate interest in the matter must have legal remedies for initiating proceedings against unfair commercial practices, either before a court or before an administrative authority which is competent to decide upon complaints or to initiate appropriate legal proceedings. |
| --- | --- |

(17)

Persons or organisations regarded under national law as having a legitimate interest in the matter must have legal remedies for initiating proceedings against unfair commercial practices, either before a court or before an administrative authority which is competent to decide upon complaints or to initiate appropriate legal proceedings.

| (18) | It is necessary that Member States lay down penalties for infringements of the provisions of this directive and must ensure that they are enforced. These penalties must be effective, proportionate and constitute a deterrent. |
| --- | --- |

(18)

It is necessary that Member States lay down penalties for infringements of the provisions of this directive and must ensure that they are enforced. These penalties must be effective, proportionate and constitute a deterrent.

| (19) | Since the objectives of the proposed action, namely to eliminate the barriers to the functioning of the internal market represented by national laws on unfair commercial practices and to provide a high common level of consumer protection, by approximating the laws, regulations and administrative provisions of the Member States on unfair commercial practices, cannot sufficiently be achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this directive does not go beyond what is necessary in order to eliminate the internal market barriers and achieve a high common level of consumer protection. |
| --- | --- |

(19)

Since the objectives of the proposed action, namely to eliminate the barriers to the functioning of the internal market represented by national laws on unfair commercial practices and to provide a high common level of consumer protection, by approximating the laws, regulations and administrative provisions of the Member States on unfair commercial practices, cannot sufficiently be achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this directive does not go beyond what is necessary in order to eliminate the internal market barriers and achieve a high common level of consumer protection.

| (20) | This directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, |
| --- | --- |

(20)

This directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union,

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER 1:

GENERAL PROVISIONS

Article 1

Objective of the Directive

The purpose of this Directive is to contribute to the proper functioning of the internal market and achieve a high level of consumer protection by approximating the laws, regulations and administrative provisions of the Member States on unfair commercial practices harming consumers' economic interests, as defined below.

Article 2

Definitions

For the purposes of this Directive:

| (a) | ‘consumer’ means any natural person who, in commercial practices covered by this Directive, is acting for purposes which are outside his trade, business or profession; |
| --- | --- |

(a)

‘consumer’ means any natural person who, in commercial practices covered by this Directive, is acting for purposes which are outside his trade, business or profession;

| (b) | ‘average consumer’ means the consumer who is reasonably well informed and reasonably observant and circumspect
  , taking account of social, cultural and linguistic circumstances
  ; |
| --- | --- |

(b)

‘average consumer’ means the consumer who is reasonably well informed and reasonably observant and circumspect
  , taking account of social, cultural and linguistic circumstances
  ;

| (c) | ‘particular group of consumers’ means a group of consumers who have distinct characteristics of a non-economic nature, such as:










  (i) | consumers who are vulnerable as a result of various factors, such as age, disability, physical or mental conditions (including temporary ones) or level of literacy, which influence their assessment and/or reaction capacities; |
| --- | --- | --- |

(c)

‘particular group of consumers’ means a group of consumers who have distinct characteristics of a non-economic nature, such as:

(i)

consumers who are vulnerable as a result of various factors, such as age, disability, physical or mental conditions (including temporary ones) or level of literacy, which influence their assessment and/or reaction capacities;

| (ii) | consumers who are addressed by traders and who have specific knowledge in the sector enabling them to understand a specialist commercial communication; |
| --- | --- |

(ii)

consumers who are addressed by traders and who have specific knowledge in the sector enabling them to understand a specialist commercial communication;

| (d) | ‘seller or supplier’ (hereinafter referred to as ‘trader’) means:






  — | any natural or legal person who, in commercial practices covered by this Directive, is acting for purposes relating to his trade, business or profession
  , or with a view to achieving his statutory objective; the trader shall be deemed responsible for any action which he deliberately promotes by means of his own behaviour or which he makes possible in the first place; |
| --- | --- | --- |

(d)

‘seller or supplier’ (hereinafter referred to as ‘trader’) means:

—

any natural or legal person who, in commercial practices covered by this Directive, is acting for purposes relating to his trade, business or profession
  , or with a view to achieving his statutory objective; the trader shall be deemed responsible for any action which he deliberately promotes by means of his own behaviour or which he makes possible in the first place;

| — | any public authority or legal person in which the state has a controlling interest which carries on a commercial, financial or industrial activity and offers for sale or sells products or services; |
| --- | --- |

—

any public authority or legal person in which the state has a controlling interest which carries on a commercial, financial or industrial activity and offers for sale or sells products or services;

| — | any person who, whether in his own name or in the name or on behalf of a third party having or not having legal personality, carries on, on a profit-making or non-profit-making basis, a commercial, financial or industrial activity and offers for sale or sells products or services
  ; |
| --- | --- |

—

any person who, whether in his own name or in the name or on behalf of a third party having or not having legal personality, carries on, on a profit-making or non-profit-making basis, a commercial, financial or industrial activity and offers for sale or sells products or services
  ;

| (e) | ‘product’ means any good or service including immovable property; |
| --- | --- |

(e)

‘product’ means any good or service including immovable property;

| (f) | ‘commercial practices’ means any act, omission, course of conduct or representation, or commercial communication, including advertising and marketing, by a trader that is directly connected with the promotion, sale or supply
  by that trader
  of a product to consumers; |
| --- | --- |

(f)

‘commercial practices’ means any act, omission, course of conduct or representation, or commercial communication, including advertising and marketing, by a trader that is directly connected with the promotion, sale or supply
  by that trader
  of a product to consumers;

| (g) | ‘to materially distort the economic behaviour of consumers’ means using a commercial practice to significantly impair the consumer's ability to make an informed decision and thereby causing the consumer to take a transactional decision that he would not have taken otherwise; |
| --- | --- |

(g)

‘to materially distort the economic behaviour of consumers’ means using a commercial practice to significantly impair the consumer's ability to make an informed decision and thereby causing the consumer to take a transactional decision that he would not have taken otherwise;

| (h) | ‘code of conduct’ means
  a voluntary
  agreement which defines the behaviour of the traders who undertake to be bound by the code
  or are bound by it
  in relation to one or more particular commercial practices or business sectors.
  Consumer organisations may participate in drawing up such codes; |
| --- | --- |

(h)

‘code of conduct’ means
  a voluntary
  agreement which defines the behaviour of the traders who undertake to be bound by the code
  or are bound by it
  in relation to one or more particular commercial practices or business sectors.
  Consumer organisations may participate in drawing up such codes;

| (i) | ‘
  code
  owner’ means
  the natural or legal person who
  is responsible for the formulation and revision of a code of conduct
  and therefore
  for monitoring compliance with the code by those who have undertaken to be bound by it; |
| --- | --- |

(i)

‘
  code
  owner’ means
  the natural or legal person who
  is responsible for the formulation and revision of a code of conduct
  and therefore
  for monitoring compliance with the code by those who have undertaken to be bound by it;

| (j) | ‘professional diligence’ means the
  standard of
  skill and care
  which a trader may reasonably be expected to exercise
  towards consumers
  , having regard to any particular requirements of market practice
  in his field of activity in the
  Member State where he is established and the requirements of good faith in line with the provisions laid down in Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (9)

  ; |
| --- | --- |

(j)

‘professional diligence’ means the
  standard of
  skill and care
  which a trader may reasonably be expected to exercise
  towards consumers
  , having regard to any particular requirements of market practice
  in his field of activity in the
  Member State where he is established and the requirements of good faith in line with the provisions laid down in Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (9)

  ;

| (k) | ‘invitation to purchase’ means a commercial communication which indicates the main characteristics of the product and the price in a way appropriate to the means of the commercial communication used and thereby
  provides the consumer with an opportunity of purchasing the product from the trader or his agent
  ; |
| --- | --- |

(k)

‘invitation to purchase’ means a commercial communication which indicates the main characteristics of the product and the price in a way appropriate to the means of the commercial communication used and thereby
  provides the consumer with an opportunity of purchasing the product from the trader or his agent
  ;

| (l) | ‘undue influence’ means exploiting a position of power to apply pressure,
  even
  without using
  or threatening to use
  physical force, in a way which significantly limits the consumer's ability to make an informed decision. |
| --- | --- |

(l)

‘undue influence’ means exploiting a position of power to apply pressure,
  even
  without using
  or threatening to use
  physical force, in a way which significantly limits the consumer's ability to make an informed decision.

| (m) | ‘firm commitment’ means a commitment in a code of conduct which constitutes a specific obligation on the part of the signatory to perform a specific act or adopt a specific course of conduct in relation to the consumer with regard to the commercial practices covered by this Directive. It excludes any commitments which the code itself specifically excludes from the classification of firm commitments or which are mentioned as mere aims or aspirations. |
| --- | --- |

(m)

‘firm commitment’ means a commitment in a code of conduct which constitutes a specific obligation on the part of the signatory to perform a specific act or adopt a specific course of conduct in relation to the consumer with regard to the commercial practices covered by this Directive. It excludes any commitments which the code itself specifically excludes from the classification of firm commitments or which are mentioned as mere aims or aspirations.

Article 3

Scope

1.   This Directive shall apply to unfair
  business-to-consumer
  commercial practices, as defined below in Article 5.
  It shall apply to consumers' transactional decisions even where those decisions do not result in a contract between the consumer and a trader. Where any such contract is formed, this Directive shall apply equally to transactional decisions before and after the formation of the contract
  .

2.   This Directive is without prejudice to the rules on the validity, formation or effect of a contract.

3.   This Directive is without prejudice to the determination of the types of damage which may be caused by an unfair commercial practice and their quantification.

4.   This Directive does not affect Community or national rules relating to the health and safety aspects of products.

5.   In case of conflict between the provisions of this Directive and other Community rules governing specific aspects of unfair commercial practices, the latter will prevail and apply to the specific aspects of the unfair commercial practices.

6.   This Directive is without prejudice to the rules determining the jurisdiction of the courts
  and to the rules determining the law applicable to non-contractual obligations
  .

7.
     
  This Directive (apart from Article 4) is without prejudice to the requirements of authorisation schemes, codes of conduct or other specific rules governing the conduct of traders supplying or promoting those products which, by reason of their characteristics, necessitate detailed requirements to protect the interests of consumers, provided the aforesaid requirements secure a level of consumer protection at least as high as that secured by this Directive.

Article 4

Internal market

1.   Traders shall only comply with the national provisions, falling within the field approximated by this Directive, of the Member State in which they are established. The Member State in which the trader is established shall ensure such compliance.

2.   Member States shall neither restrict the freedom to provide services nor restrict the free movement of goods for reasons falling within the field approximated by this Directive.

3.
     
  This Directive is without prejudice to the competence of the Member States to take measures in sectors not harmonised by this Directive, such as health, the protection of the physical, mental or moral wellbeing of minors and public security.

4.
     
  By way of derogation, for a period of five years from the transposition of the directive, Member States shall be able to take national measures in the sector harmonised by this directive which are more rigorous or restrictive than those of the directive, and on the basis of the minimum harmonisation clauses contained in existing directives, in sectors harmonised by those directives. These measures must be aimed at ensuring that consumers are adequately protected against unfair commercial practices and must be proportionate to the objective pursued.

5.
     
  Member States shall notify the Commission without delay of national measures referred to in paragraph 4.

CHAPTER 2:

UNFAIR COMMERCIAL PRACTICES

Article 5

Prohibition of unfair commercial practices

1.   Unfair commercial practices are prohibited.

2.   A commercial practice shall be regarded as unfair if:

| — | it is contrary to the requirements of professional diligence
  and good faith
  , and |
| --- | --- |

—

it is contrary to the requirements of professional diligence
  and good faith
  , and

| — | it materially distorts or is likely to materially distort the economic behaviour with regard to the product of the average consumer whom it reaches or to whom it is addressed, or of the average member of the group when a commercial practice is specifically directed to a particular group of consumers.
  The need to protect particularly vulnerable consumers must, however, be safeguarded. |
| --- | --- |

—

it materially distorts or is likely to materially distort the economic behaviour with regard to the product of the average consumer whom it reaches or to whom it is addressed, or of the average member of the group when a commercial practice is specifically directed to a particular group of consumers.
  The need to protect particularly vulnerable consumers must, however, be safeguarded.

3.   In particular, commercial practices shall be regarded as unfair
  within the meaning of paragraph 2 if they

| (a) | are misleading, or |
| --- | --- |

(a)

are misleading, or

| (b) | are aggressive |
| --- | --- |

(b)

are aggressive

as defined below in this Directive.

4.   Annex 1 contains
  an exhaustive
  list of commercial practices which shall in all circumstances be regarded as unfair.
  The list shall be amended only by the procedure laid down in Article 251 of the Treaty.

SECTION 1

MISLEADING COMMERCIAL PRACTICES

Article 6

Misleading actions

1.   A commercial practice shall be regarded as misleading if in any way, including overall presentation, it causes or is likely to cause
  the consumer
  to take a transactional decision
  of economic significance,
  because it deceives or is likely to deceive him in relation to:

| (a) | the main characteristics of the product, such as its availability, benefits, risks, execution, composition, accessories, after-sale customer assistance and complaint handling, method and date of manufacture or provision, delivery, fitness for purpose, usage, quantity, specification, geographical or commercial origin or the results to be expected from its use, or the results and material features of tests or checks carried out on the product; |
| --- | --- |

(a)

the main characteristics of the product, such as its availability, benefits, risks, execution, composition, accessories, after-sale customer assistance and complaint handling, method and date of manufacture or provision, delivery, fitness for purpose, usage, quantity, specification, geographical or commercial origin or the results to be expected from its use, or the results and material features of tests or checks carried out on the product;

| (b) | any statement or symbol in relation to direct or indirect sponsorship or approval of the trader or the product; |
| --- | --- |

(b)

any statement or symbol in relation to direct or indirect sponsorship or approval of the trader or the product;

| (c) | the price or the manner in which the price is calculated, or the existence of a specific price advantage; |
| --- | --- |

(c)

the price or the manner in which the price is calculated, or the existence of a specific price advantage;

| (d) | the need for a service, part, replacement or repair
  unless the trader, in deciding on such need, exercised professional diligence within the meaning of Article 2(j)
  ; |
| --- | --- |

(d)

the need for a service, part, replacement or repair
  unless the trader, in deciding on such need, exercised professional diligence within the meaning of Article 2(j)
  ;

| (e) | the nature, attributes and rights of the trader or his agent, such as his identity and assets, his qualifications, status, approval, affiliation or connection and ownership of industrial, commercial or intellectual property rights or his awards and distinctions; |
| --- | --- |

(e)

the nature, attributes and rights of the trader or his agent, such as his identity and assets, his qualifications, status, approval, affiliation or connection and ownership of industrial, commercial or intellectual property rights or his awards and distinctions;

| (f) | claims about the product
  which cannot be substantiated
  ; |
| --- | --- |

(f)

claims about the product
  which cannot be substantiated
  ;

| (g) | the consumer's rights or the risks he may face. |
| --- | --- |

(g)

the consumer's rights or the risks he may face.

2.   A commercial practice shall also be regarded as misleading where, in its factual context, taking account of all its features and circumstances, it thereby causes or is likely to cause
  the consumer
  to take a transactional decision
  of economic significance
  that he would not have taken otherwise, and it involves:

| (a) | any marketing of a product, including comparative advertising, which creates confusion with any products, trade marks, trade names and other distinguishing marks of a competitor; |
| --- | --- |

(a)

any marketing of a product, including comparative advertising, which creates confusion with any products, trade marks, trade names and other distinguishing marks of a competitor;

| (b) | non-compliance by the trader with commitments contained in codes of conduct by which the trader has undertaken to be bound, where:






  — | the commitment is firm and is capable of being verified, and |
| --- | --- | --- |

(b)

non-compliance by the trader with commitments contained in codes of conduct by which the trader has undertaken to be bound, where:

—

the commitment is firm and is capable of being verified, and

| — | information specifying the traders to whom the code applies and the content of the code are publicly available; or |
| --- | --- |

—

information specifying the traders to whom the code applies and the content of the code are publicly available; or

| — | — the trader himself announces that he has signed up to the code of conduct; |
| --- | --- |

—

— the trader himself announces that he has signed up to the code of conduct;

| (c) | non-compliance with a commitment given to a public authority to cease an unfair commercial practice under this Directive. |
| --- | --- |

(c)

non-compliance with a commitment given to a public authority to cease an unfair commercial practice under this Directive.

Article 7

Misleading omissions

1.   A commercial practice shall be regarded as misleading if, in its factual context, taking account of all its features and circumstances
  and, if appropriate, of the nature of the means of communication used, it omits material information
  or, where there are physical limitations of space or transmission time, it fails to make available on request material information
  that the average consumer needs, according to the context, in order to take an informed transactional decision
  , or if the possibility of obtaining such information or amplifying it is withheld,
  and the practice thereby causes the average consumer to take a transactional decision
  of economic significance that he would not have taken otherwise
  .

2.   It shall also be regarded as a misleading omission when a trader hides or provides in an
  incomplete,
  unclear, unintelligible, ambiguous or untimely manner such material information
  or does not provide it when he has been asked for it by the consumer
  or fails to identify the commercial intent of the commercial practice
  where it is not already apparent from the context.

3.   For commercial practices preceding a commercial transaction a misleading omission may occur only if a trader makes an invitation to purchase. In the case of an invitation to purchase
  , and taking into consideration the medium through which this invitation is disseminated, all or some of
  the following information
  may
  be regarded as material, if not already apparent from the context:

| (a) | the main characteristics of the product; |
| --- | --- |

(a)

the main characteristics of the product;

| (b) | in every written document,
  the trading name of the trader and, where applicable, the trading name of the trader on whose behalf he is acting; |
| --- | --- |

(b)

in every written document,
  the trading name of the trader and, where applicable, the trading name of the trader on whose behalf he is acting;

| (c) | the price inclusive of taxes, as well as, where appropriate, all additional freight, delivery or postal charges or, where these charges cannot reasonably be calculated in advance, the fact that additional charges may be payable; |
| --- | --- |

(c)

the price inclusive of taxes, as well as, where appropriate, all additional freight, delivery or postal charges or, where these charges cannot reasonably be calculated in advance, the fact that additional charges may be payable;

| (d) | the arrangements for payment, delivery, performance and the complaint handling policy, if they depart from the requirements of professional diligence; |
| --- | --- |

(d)

the arrangements for payment, delivery, performance and the complaint handling policy, if they depart from the requirements of professional diligence;

| (e) | for products and transactions involving a right of withdrawal or cancellation
  , exchange and/or refund,
  the existence of such a right; |
| --- | --- |

(e)

for products and transactions involving a right of withdrawal or cancellation
  , exchange and/or refund,
  the existence of such a right;

| (f) | the exact content and origin in the case of foodstuffs; |
| --- | --- |

(f)

the exact content and origin in the case of foodstuffs;

| (g) | full details of the product guarantee and conditions of after-sales service; |
| --- | --- |

(g)

full details of the product guarantee and conditions of after-sales service;

| (h) | membership of a code of conduct, where applicable. |
| --- | --- |

(h)

membership of a code of conduct, where applicable.

4.
     
  All information listed in paragraph 3 shall be displayed in a clear and visible manner.

5.   Information requirements
  involving the range of the products offered by the specific trader
  in relation to advertising, commercial communication or marketing established by Community law shall be regarded as material.

6.   Annex 2 contains a non-exhaustive list of Community law provisions setting out information requirements in relation to commercial communication, advertising or marketing.

7.
     
  Traders duly fulfilling the information requirements laid down by this Article shall be presumed not to have omitted material information that the average consumer needed in order to take an informed transactional decision.

SECTION 2

AGGRESSIVE COMMERCIAL PRACTICES

Article 8

Aggressive commercial practices

A commercial practice shall be regarded as aggressive if, in its factual context, taking account of all its features and circumstances, by harassment, coercion or undue influence, it significantly impairs or is likely to significantly impair the average consumer's freedom of choice or conduct with regard to the product and thereby causes him or is likely to cause him to take a transactional decision that he would not have taken otherwise.

Article 9

Use of harassment, coercion and undue influence

In determining whether a commercial practice uses harassment, coercion or undue influence account shall be taken of

| (a) | its timing, nature or persistence; |
| --- | --- |

(a)

its timing, nature or persistence;

| (b) | the use of threatening or abusive language or behaviour; |
| --- | --- |

(b)

the use of threatening or abusive language or behaviour;

| (c) | the use by the trader of any specific misfortune or circumstance
  resulting in such vulnerability
  as to impair the consumer's judgement, of which the trader is aware, to influence the consumer's decision with regard to the product
  save where the consumer is explicitly seeking the product in connection with the misfortune or circumstance
  ; |
| --- | --- |

(c)

the use by the trader of any specific misfortune or circumstance
  resulting in such vulnerability
  as to impair the consumer's judgement, of which the trader is aware, to influence the consumer's decision with regard to the product
  save where the consumer is explicitly seeking the product in connection with the misfortune or circumstance
  ;

| (d) | any onerous or disproportionate non-contractual barriers established by the trader where a consumer wishes to exercise rights under the contract, including rights to terminate a contract or to switch to another product or another trader; |
| --- | --- |

(d)

any onerous or disproportionate non-contractual barriers established by the trader where a consumer wishes to exercise rights under the contract, including rights to terminate a contract or to switch to another product or another trader;

| (e) | any threat to take any action that cannot legally be taken
  , unless the trader proves his good faith
  . |
| --- | --- |

(e)

any threat to take any action that cannot legally be taken
  , unless the trader proves his good faith
  .

CHAPTER 3:

CODES OF CONDUCT

Article 10

Codes of conduct

1.
     
  Codes of conduct contain appropriate and effective mechanisms for monitoring and enforcing compliance with the code. Consumer organisations may participate in the drafting of the code.

2.
     This Directive does not exclude the
  enforcement of codes of conduct by code users in order to control unfair commercial practices
  and recourse to such bodies by the persons or organisations referred to in Article 11 if proceedings before such bodies are in addition to the court or administrative proceedings referred to in that Article.

3.
     
  The optional procedures referred to in paragraph 2 may be arbitration proceedings and may make provision for the payment of sums of money by way of penalty or as compensation.

CHAPTER 4:

FINAL PROVISIONS

Article 11

Enforcement

1.   Member States shall
  establish
  adequate and effective
  means to
  combat unfair commercial practices
  in order to ensure
  compliance with the provisions of this Directive in the interest of consumers.

Such means shall include legal provisions under which persons or organisations regarded under national law as having a legitimate interest in combating unfair commercial practices may:

| — | take legal action against such unfair commercial practices; and/or |
| --- | --- |

—

take legal action against such unfair commercial practices; and/or

| — | bring such unfair commercial practices before an administrative authority competent either to decide on complaints or to initiate appropriate legal proceedings. |
| --- | --- |

—

bring such unfair commercial practices before an administrative authority competent either to decide on complaints or to initiate appropriate legal proceedings.

It shall be for each Member State to decide which of these facilities shall be available and whether to enable the courts or administrative authorities to require prior recourse to other established means of dealing with complaints, including those referred to in Article 10.

With due regard for national laws, these legal facilities may be directed separately or jointly against a number of traders from the same economic
  sector
  .

2.   Under the legal provisions referred to in paragraph 1, Member States shall confer upon the courts or administrative authorities powers enabling them, in cases where they deem such measures to be necessary taking into account all the interests involved and in particular the public interest:

| — | to order the cessation of, or to institute appropriate legal proceedings for an order for the cessation of, unfair commercial practices, or |
| --- | --- |

—

to order the cessation of, or to institute appropriate legal proceedings for an order for the cessation of, unfair commercial practices, or

| — | if the unfair commercial practice has not yet been carried out but is imminent, to order the prohibition of the practice, or to institute appropriate legal proceedings for an order for the prohibition of the practice, |
| --- | --- |

—

if the unfair commercial practice has not yet been carried out but is imminent, to order the prohibition of the practice, or to institute appropriate legal proceedings for an order for the prohibition of the practice,

even without proof of actual loss or damage or of intention or negligence on the part of the trader.

Member States shall also make provision for the measures referred to in the first subparagraph to be taken under an accelerated procedure:

| — | either with interim effect, or |
| --- | --- |

—

either with interim effect, or

| — | with definitive effect, |
| --- | --- |

—

with definitive effect,

on the understanding that it is for each Member State to decide which of the two options to select.

Furthermore, Member States may confer upon the courts or administrative authorities powers enabling them, with a view to eliminating the continuing effects of unfair commercial practices, the cessation of which has been ordered by a final decision:

| — | to require publication of that decision in full or in part and in such form as they deem adequate, |
| --- | --- |

—

to require publication of that decision in full or in part and in such form as they deem adequate,

| — | to require in addition the publication of a corrective statement. |
| --- | --- |

—

to require in addition the publication of a corrective statement.

3.   The administrative authorities referred to in paragraph 1 must:

| (a) | be composed so as not to cast doubt on their impartiality; |
| --- | --- |

(a)

be composed so as not to cast doubt on their impartiality;

| (b) | have adequate powers, where they decide on complaints, to monitor and enforce the observance of their decisions effectively; |
| --- | --- |

(b)

have adequate powers, where they decide on complaints, to monitor and enforce the observance of their decisions effectively;

| (c) | give
  reasons for their decisions. |
| --- | --- |

(c)

give
  reasons for their decisions.

Where the powers referred to in paragraph 2 are exercised exclusively by an administrative authority, reasons for its decisions shall always be given. Furthermore in this case, provision must be made for procedures whereby improper or unreasonable exercise of its powers by the administrative authority or improper or unreasonable failure to exercise the said powers can be the subject of judicial review.

Article 12

Courts and administrative authorities

Member States shall confer upon the courts or administrative authorities powers enabling them in the civil or administrative proceedings provided for in Article 11:

| (a) | to require the trader to substantiate factual claims in relation to a commercial practice if, taking into account the legitimate interest of the trader and any other party to the proceedings, such a requirement appears appropriate on the basis of the circumstances of the particular case; and |
| --- | --- |

(a)

to require the trader to substantiate factual claims in relation to a commercial practice if, taking into account the legitimate interest of the trader and any other party to the proceedings, such a requirement appears appropriate on the basis of the circumstances of the particular case; and

| (b) | to consider factual claims as inaccurate if the evidence demanded in accordance with (a) is not furnished or is deemed insufficient by the court or administrative authority. |
| --- | --- |

(b)

to consider factual claims as inaccurate if the evidence demanded in accordance with (a) is not furnished or is deemed insufficient by the court or administrative authority.

Article 13

Penalties

Member States shall lay down penalties for infringements of national provisions adopted in application of this Directive and shall take all necessary measures to ensure that these are enforced. These penalties must be effective, proportionate and constitute a deterrent.

Article 14

Amendments to Directive 84/450/EEC

Directive 84/450/EEC is hereby amended as follows:

| (1) | Article 1 shall be replaced by the following:
  ‘Article 1
  The purpose of this Directive is to protect traders against misleading advertising and the unfair consequences thereof and to lay down the conditions under which comparative advertising is permitted.’ |
| --- | --- |

(1)

Article 1 shall be replaced by the following:

‘Article 1

The purpose of this Directive is to protect traders against misleading advertising and the unfair consequences thereof and to lay down the conditions under which comparative advertising is permitted.’

| (2) | Article 2(3) shall be replaced by the following:






  ‘3) | ‘seller or supplier’ (hereinafter referred to as ‘trader’) means any natural or legal person who is acting for purposes relating to his trade, craft, business or profession.’ |
| --- | --- | --- |

(2)

Article 2(3) shall be replaced by the following:

‘3)

‘seller or supplier’ (hereinafter referred to as ‘trader’) means any natural or legal person who is acting for purposes relating to his trade, craft, business or profession.’

| (3) | The following Article 2(3a) shall be added:






  ‘3a. | ‘code owner’ means any entity, including a trader or group of traders, which is responsible for the formulation and revision of a code of conduct and for monitoring compliance by the signatories with the code.’ |
| --- | --- | --- |

(3)

The following Article 2(3a) shall be added:

‘3a.

‘code owner’ means any entity, including a trader or group of traders, which is responsible for the formulation and revision of a code of conduct and for monitoring compliance by the signatories with the code.’

| (4) | Article 3a shall be replaced by the following:
  ‘Article 3a

  Comparative advertising shall, as far as the comparison is concerned, be permitted when the following conditions are met:






  (a) | it compares goods or services meeting the same needs or intended for the same purpose; |
| --- | --- | --- |

(4)

Article 3a shall be replaced by the following:

‘Article 3a

Comparative advertising shall, as far as the comparison is concerned, be permitted when the following conditions are met:

(a)

it compares goods or services meeting the same needs or intended for the same purpose;

| (b) | it objectively compares one or more material, relevant, verifiable and representative features of those goods and services, which may include price; |
| --- | --- |

(b)

it objectively compares one or more material, relevant, verifiable and representative features of those goods and services, which may include price;

| (c) | it does not discredit or denigrate the trade marks, trade names, other distinguishing marks, goods, services, activities, or circumstances of a competitor; |
| --- | --- |

(c)

it does not discredit or denigrate the trade marks, trade names, other distinguishing marks, goods, services, activities, or circumstances of a competitor;

| (d) | for products with designation of origin, it relates in each case to products with the same designation; |
| --- | --- |

(d)

for products with designation of origin, it relates in each case to products with the same designation;

| (e) | it does not take unfair advantage of the reputation of a trade mark, trade name or other distinguishing marks of a competitor or of the designation of origin of competing products; |
| --- | --- |

(e)

it does not take unfair advantage of the reputation of a trade mark, trade name or other distinguishing marks of a competitor or of the designation of origin of competing products;

| (f) | it does not present goods or services as imitations or replicas of goods or services bearing a protected trade mark or trade name.’ |
| --- | --- |

(f)

it does not present goods or services as imitations or replicas of goods or services bearing a protected trade mark or trade name.’

| (5) | Article 4(1) shall be replaced by the following:
  ‘1.   Member States shall ensure that adequate and effective means exist to combat misleading advertising and for the compliance with the provisions on comparative advertising in the interest of traders and competitors. Such means shall include legal provisions under which persons or organisations regarded under national law as having a legitimate interest in combating misleading advertising or regulating comparative advertising may:






  (a) | take legal action against such advertising; or |
| --- | --- | --- |

(5)

Article 4(1) shall be replaced by the following:

‘1.   Member States shall ensure that adequate and effective means exist to combat misleading advertising and for the compliance with the provisions on comparative advertising in the interest of traders and competitors. Such means shall include legal provisions under which persons or organisations regarded under national law as having a legitimate interest in combating misleading advertising or regulating comparative advertising may:

(a)

take legal action against such advertising; or

| (b) | bring such advertising before an administrative authority competent either to decide on complaints or to initiate appropriate legal proceedings. |
| --- | --- |

(b)

bring such advertising before an administrative authority competent either to decide on complaints or to initiate appropriate legal proceedings.

It shall be for each Member State to decide which of these facilities shall be available and whether to enable the courts or administrative authorities to require prior recourse to other established means of dealing with complaints, including those referred to in Article 5.

With due regard for national laws, these legal facilities may be directed separately or jointly against a number of traders from the same economic
  sector
  .’

| (6) | In Article 6(a) the words ‘furnish evidence as to the accuracy of factual claims’ shall be replaced by the words ‘substantiate factual claims’. |
| --- | --- |

(6)

In Article 6(a) the words ‘furnish evidence as to the accuracy of factual claims’ shall be replaced by the words ‘substantiate factual claims’.

| (7) | Article 7(1) shall be replaced by the following:
  ‘1.   This Directive shall not preclude Member States from retaining or adopting provisions with a view to ensuring more extensive protection, with regard to misleading advertising, for traders and competitors’ |
| --- | --- |

(7)

Article 7(1) shall be replaced by the following:

‘1.   This Directive shall not preclude Member States from retaining or adopting provisions with a view to ensuring more extensive protection, with regard to misleading advertising, for traders and competitors’

Article 15

Amendment to Directive 97/7/EC [Distance Selling]

Article 9 shall be replaced by the following:

‘Article 9

Inertia selling

Member States shall take the measures necessary to exempt the consumer from the provision of any consideration in cases of unsolicited supply, the absence of a response not constituting consent.’

Article 16

Amendment to Directive 98/27/EC [Injunctions]

98/27/EC

In the Annex to Directive 98/27/EC the text in point 1 shall be replaced by the following:

98/27/EC

‘1. Directive 2004/.../EC of the European Parliament and of the Council of ... concerning unfair commercial practices affecting consumers in the internal market (OJ L, xx p.)’

Article 17

Information

Member States shall take appropriate measures to inform the consumer of the national law transposing this Directive and shall encourage, where appropriate,
  traders, professional
  organizations
  and code owners
  to inform consumers of their codes of conduct.

traders, professional

and code owners

Article 18

Article 18

Revision

Revision

1.
     
  The Commission shall report regularly to the European Parliament and the Council on the application of this Directive in the Member States and shall put forward, every five years, a proposal for a revised list of commercial practices which are in all circumstances considered unfair, as contained in Annex I to this Directive.

1.

The Commission shall report regularly to the European Parliament and the Council on the application of this Directive in the Member States and shall put forward, every five years, a proposal for a revised list of commercial practices which are in all circumstances considered unfair, as contained in Annex I to this Directive.

2.
     
  The Commission shall no later than four years after the transposition of this Directive submit to the European Parliament and the Council a comprehensive report on the application of the Directive, in particular of Article 4, accompanied, if necessary, by a proposal to revise Article 4.

2.

The Commission shall no later than four years after the transposition of this Directive submit to the European Parliament and the Council a comprehensive report on the application of the Directive, in particular of Article 4, accompanied, if necessary, by a proposal to revise Article 4.

3.
     
  The European Parliament and the Council shall, on this basis, re-examine the provision of Article 4 and shall act, in accordance with the Treaty, within two years of the presentation by the Commission of the proposal referred to in paragraph 2.

3.

The European Parliament and the Council shall, on this basis, re-examine the provision of Article 4 and shall act, in accordance with the Treaty, within two years of the presentation by the Commission of the proposal referred to in paragraph 2.

Article 19

Article 19

Transposition

Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive by [...] (10). They shall forthwith inform the Commission thereof and inform the Commission of any subsequent amendments without delay.

10

They shall apply these provisions by [...] (11).

11

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

Article 20

Article 20

Entry into force

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

Union

Article 21

Article 21

Addressees

This Directive is addressed to the Member States.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ L [...], [...], p. [...].

1

(2)  OJ C [...], [...], p. [...].

2

(3)  Position of the European Parliament of 20 April 2004.

3

(4)  
  OJ L 250, 19.9.1984, p. 17. Directive as amended by Directive 97/55/EC of the European Parliament and of the Council (OJ L 290, 23.10.1997, p. 18).

4

OJ L 250, 19.9.1984, p. 17. Directive as amended by Directive 97/55/EC of the European Parliament and of the Council (OJ L 290, 23.10.1997, p. 18).

(5)  ‘The follow-up to the Green Paper on Commercial Communications in the Internal Market’ Communication from the Commission. COM(1998) 121 final 4.03.1998.

5

(6)  OJ L 144, 4.6.1997, p. 19. Directive as amended by Directive 2002/65/EC (OJ L 271, 9.10.2002, p. 16).

6

Directive as amended by Directive 2002/65/EC (OJ L 271, 9.10.2002, p. 16).

(7)  OJ L 166, 11.6.1998, p. 51. Directive as last amended by Directive 2002/65/EC.

7

Directive as last amended by Directive 2002/65/EC.

(8)  OJ L [...], [...], p. [...].

8

OJ L [...], [...], p. [...].

(9)  OJ L 95, 21.4.1993, p. 29.

9

(10)  18 months after the entry into force of this Directive.

10

18 months after the entry into force of this Directive.

(11)  Two years after the entry into force of this Directive.

11

Two years after the entry into force of this Directive.

ANNEX 1

COMMERCIAL PRACTICES, WHICH ARE IN ALL CIRCUMSTANCES CONSIDERED UNFAIR

Misleading commercial practices

| (1) | Claiming
  in bad faith
  to be a signatory to a code of conduct when the trader is not. |
| --- | --- |

(1)

Claiming
  in bad faith
  to be a signatory to a code of conduct when the trader is not.

| (2) | Claiming that a code of conduct has an endorsement from a public or other body which it does not have. |
| --- | --- |

(2)

Claiming that a code of conduct has an endorsement from a public or other body which it does not have.

| (3) | Making an invitation to purchase products at a specified price if there are
  indications
  that the trader will not be able to offer for supply or to procure another trader to supply, those products or equivalent products at that price for a period that is, and in quantities that are reasonable having regard to the product
  , the scale of advertising of the product
  and price offered (bait advertising). |
| --- | --- |

(3)

Making an invitation to purchase products at a specified price if there are
  indications
  that the trader will not be able to offer for supply or to procure another trader to supply, those products or equivalent products at that price for a period that is, and in quantities that are reasonable having regard to the product
  , the scale of advertising of the product
  and price offered (bait advertising).

| (4) | Making an invitation to purchase products at a specified price and then:






  (a) | refusing to show the advertised item to consumers, or |
| --- | --- | --- |

(4)

Making an invitation to purchase products at a specified price and then:

(a)

refusing to show the advertised item to consumers, or

| (b) | refusing to take orders for it or deliver it within a reasonable time, or |
| --- | --- |

(b)

refusing to take orders for it or deliver it within a reasonable time, or

| (c) | disparaging the product, |
| --- | --- |

(c)

disparaging the product,

| (d) | or demonstrating a defective sample of it |
| --- | --- |

(d)

or demonstrating a defective sample of it

with the intention of promoting a different product (bait and switch).

| (5) | Falsely stating that the product will only be available for a very
  limited
  time in order to elicit an immediate decision and deprive consumers of sufficient opportunity or time to make an informed choice. |
| --- | --- |

(5)

Falsely stating that the product will only be available for a very
  limited
  time in order to elicit an immediate decision and deprive consumers of sufficient opportunity or time to make an informed choice.

| (6) | Undertaking to provide after-sales service to the consumer and then making such service available only in a language other than the one which the trader used in communications with the consumer prior to a transaction without clearly disclosing this to the consumer before the consumer is committed to the transaction. |
| --- | --- |

(6)

Undertaking to provide after-sales service to the consumer and then making such service available only in a language other than the one which the trader used in communications with the consumer prior to a transaction without clearly disclosing this to the consumer before the consumer is committed to the transaction.

| (7) | Stating
  in bad faith
  that a product can legally be sold when it cannot. |
| --- | --- |

(7)

Stating
  in bad faith
  that a product can legally be sold when it cannot.

| (8) | Advertisement features, announcements or promotions, sometimes referred to as ‘advertorials’, that are disseminated in exchange for a payment or other reciprocal arrangement should comply with the Directive if the marketers rather than the publishers control their content. Traders and publishers shall make it clear that advertisement features are advertisements, for example by heading them ‘advertisement feature’. |
| --- | --- |

(8)

Advertisement features, announcements or promotions, sometimes referred to as ‘advertorials’, that are disseminated in exchange for a payment or other reciprocal arrangement should comply with the Directive if the marketers rather than the publishers control their content. Traders and publishers shall make it clear that advertisement features are advertisements, for example by heading them ‘advertisement feature’.

| (9) | Falsely arguing that the personal security of the consumer or his family is at risk if the consumer does not purchase the product
  or materially overstating the risks that the consumer or his family is at if the consumer does or does not purchase the product
  . |
| --- | --- |

(9)

Falsely arguing that the personal security of the consumer or his family is at risk if the consumer does not purchase the product
  or materially overstating the risks that the consumer or his family is at if the consumer does or does not purchase the product
  .

| (10) | Establishing, operating or promoting a pyramid promotional scheme where a consumer gives consideration for the opportunity to receive compensation that is derived primarily from the introduction of other consumers into the scheme rather than from the sale or consumption of
  products. |
| --- | --- |

(10)

Establishing, operating or promoting a pyramid promotional scheme where a consumer gives consideration for the opportunity to receive compensation that is derived primarily from the introduction of other consumers into the scheme rather than from the sale or consumption of
  products.

| (11) | Using an artificially high reference price as the basis to grant discounts and so giving the consumer the false impression that there is a price advantage. |
| --- | --- |

(11)

Using an artificially high reference price as the basis to grant discounts and so giving the consumer the false impression that there is a price advantage.

| (12) | Using the expression ‘liquidation sale’ or equivalent when the trader is not about to cease trading
  and is not facing circumstances which give him the legal right to describe his sales position as a liquidation sale
  . |
| --- | --- |

(12)

Using the expression ‘liquidation sale’ or equivalent when the trader is not about to cease trading
  and is not facing circumstances which give him the legal right to describe his sales position as a liquidation sale
  .

| (13) | Promoting a product similar to that made by a particular manufacturer in such a manner as to suggest it is made by that same manufacturer when that is not the case. |
| --- | --- |

(13)

Promoting a product similar to that made by a particular manufacturer in such a manner as to suggest it is made by that same manufacturer when that is not the case.

| (14) | Supplying goods or services to consumers who have not requested them, unless it is made clear that the goods or services are free and may be retained or used without any obligation on the part of the consumer. |
| --- | --- |

(14)

Supplying goods or services to consumers who have not requested them, unless it is made clear that the goods or services are free and may be retained or used without any obligation on the part of the consumer.

| (15) | Carrying on business in such a way as to make it difficult for consumers to know the true identity of the person or persons that would normally be liable as seller or supplier under the applicable law. |
| --- | --- |

(15)

Carrying on business in such a way as to make it difficult for consumers to know the true identity of the person or persons that would normally be liable as seller or supplier under the applicable law.

| (16) | Promoting the supply of products or services under the guise of canvassing or soliciting opinions. |
| --- | --- |

(16)

Promoting the supply of products or services under the guise of canvassing or soliciting opinions.

| (17) | Advertising or promoting products or services in such a way as to disguise the commercial intent of the communication. |
| --- | --- |

(17)

Advertising or promoting products or services in such a way as to disguise the commercial intent of the communication.

| (18) | Procuring in a fraudulent manner the signature by the consumer of waivers of the legal protection set out in this Directive. |
| --- | --- |

(18)

Procuring in a fraudulent manner the signature by the consumer of waivers of the legal protection set out in this Directive.

| (19) | The practice of going into liquidation or changing ownership with the express purpose of avoiding liabilities and previous agreements (Phoenix companies). |
| --- | --- |

(19)

The practice of going into liquidation or changing ownership with the express purpose of avoiding liabilities and previous agreements (Phoenix companies).

| (20) | Competitions and prize promotions in schemes where there has not been and there is no intention of providing the prizes described. |
| --- | --- |

(20)

Competitions and prize promotions in schemes where there has not been and there is no intention of providing the prizes described.

Aggressive commercial practices

| (1) | Creating the impression that the consumer cannot leave the premises until the contract is signed or the payment made. |
| --- | --- |

(1)

Creating the impression that the consumer cannot leave the premises until the contract is signed or the payment made.

| (2) | Conducting prolonged and/or repeated personal visits to the consumer's home ignoring the consumer's request to leave
  and not to return
  . |
| --- | --- |

(2)

Conducting prolonged and/or repeated personal visits to the consumer's home ignoring the consumer's request to leave
  and not to return
  .

| (3) | Making persistent and unwanted solicitations by telephone, fax, e-mail or other remote media
  once the consumer has made clear that these solicitations are no longer desired
  .

  ‘Solicitation’ does not extend to legitimate activity to enforce a contract obligation which may or may not lead to a new contract. |
| --- | --- |

(3)

Making persistent and unwanted solicitations by telephone, fax, e-mail or other remote media
  once the consumer has made clear that these solicitations are no longer desired
  .

| (4) | Targeting consumers who have recently suffered a bereavement or serious illness in their family in order to sell a product which bears a direct relationship with the misfortune.
  This provision shall not apply to funeral directors or associated trades. |
| --- | --- |

(4)

Targeting consumers who have recently suffered a bereavement or serious illness in their family in order to sell a product which bears a direct relationship with the misfortune.
  This provision shall not apply to funeral directors or associated trades.

| (5) | Requiring
  an insured person
  to produce documents which could not reasonably be considered relevant as to whether
  his insurance
  claim was valid
  with a view
  to
  dissuading
  the consumer from exercising his contractual rights. |
| --- | --- |

(5)

Requiring
  an insured person
  to produce documents which could not reasonably be considered relevant as to whether
  his insurance
  claim was valid
  with a view
  to
  dissuading
  the consumer from exercising his contractual rights.

| (6) | Advertising to children in a way which implies that their acceptance by their peers is dependent on
  them buying or being bought
  a particular product. This provision is without prejudice to Article 16 of Directive 89/552/EEC on television broadcasting (1). |
| --- | --- |

(6)

Advertising to children in a way which implies that their acceptance by their peers is dependent on
  them buying or being bought
  a particular product. This provision is without prejudice to Article 16 of Directive 89/552/EEC on television broadcasting (1).

| (7) | Demanding payment for
  or the return of
  products supplied by the trader, but which were not solicited by the consumer (inertia selling).

  Except in the case of substitute goods as established in Article 7(3) of Directive 97/7/EC. |
| --- | --- |

(7)

Demanding payment for
  or the return of
  products supplied by the trader, but which were not solicited by the consumer (inertia selling).

| (8) | Imposing onerous or unreasonable obstacles, whether procedural or substantive, on consumers who wish to exercise their right to terminate a contract or switch to another supplier. |
| --- | --- |

(8)

Imposing onerous or unreasonable obstacles, whether procedural or substantive, on consumers who wish to exercise their right to terminate a contract or switch to another supplier.

---

(1)  Council Directive 89/552/EEC of 3 October 1989 on the co-ordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ L 298, 17.10.1989, p. 23). Directive as amended by Directive 97/36/EC of the European Parliament and of the Council (OJ L 202, 30.7.1997, p. 60).

ANNEX 2

COMMUNITY LAW PROVISIONS SETTING OUT RULES FOR ADVERTISING AND COMMERCIAL COMMUNICATION

Articles 4 and 5 of Directive 97/7/EC on the protection of consumers in respect of distance contracts (1)

Article 3 of Directive 90/314/EEC on package travel, package holidays and package tours (2)

Article 3(3) of Directive 94/47/EC on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of a right to use immovable property on a timeshare basis (3).

Article 3(4) of Directive 98/6/EC on consumer protection in the indication of the prices of products offered to consumers (4).

Articles 86 to 100 of Directive 2001/83/EC on the Community code relating to medicinal products for human use (5).

Article 6 of Directive 2000/31/EC on certain aspects of electronic commerce in the Internal Market (Directive on electronic commerce) (6).

Article 4 of and the Annex to [the proposal for a Regulation concerning sales promotions in the internal market].

Article 4 of Directive 2004/.../EC [consumer credit proposal (7) (replacing Article 3 of Directive 87/102/EEC concerning consumer credit agreements (8), as amended by Directive 90/88/EEC (9) and Directive 98/7/EC (10))].

Articles 3 and 4 of Directive 2002/65/EC concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC (11).

Article 1(9) of Directive 2001/107/EC amending Council Directive 85/611/EEC on the co-ordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) with a view to regulating management companies and simplified prospectuses (12).

Articles 12 and 13 of Directive 2002/92/EC on insurance mediation (13).

Article 36 of Directive 2002/83/EC concerning life assurance (14).

Article 19 of Directive 2004/39/EC of the European Parliament and of the Council on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC (15).

Article 31 and 43 of Directive 92/49/EEC on the co-ordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and amending Directives 73/239/EEC and 88/357/EEC (third non-life insurance Directive) (16).

Articles 5, 7 and 8 of Directive 2003/71/EC on the prospectus to be published when securities are offered to the public or admitted to trading and amending Directive 2001/34/EC (17).

---

(1)  OJ L 144, 4.6.1997, p. 19.

(2)  OJ L 158, 23.6.1990, p. 59.

(3)  OJ L 280, 29.10.1994, p. 83.

(4)  OJ L 80, 18.3.1998, p. 27.

(5)  OJ L 311, 28.11.2001, p. 67.

(6)  OJ L 178, 17.7.2000, p. 1.

(7)  COM(2002) 443 final.

(8)  OJ L 42, 12.2.1987, p. 48.

(9)  OJ L 61, 10.3.1990, p. 14.

(10)  OJ L 101, 1.4.1998, p. 17.

(11)  OJ L 271, 9.1.2002, p. 16
  .

(12)  OJ L 41, 13.2.2002, p. 20
  .

(13)  OJ L 9, 15.1.2003, p. 3.

(14)  OJ L 345, 19.12.2002, p. 1
  .

(15)  OJ L 145, 30.4.2004, p. 1.

(16)  OJ L 228, 11.8.1992, p. 1
  .

(17)  
  OJ L 345, 31.12.2003, p. 64.

P5_TA(2004)0299

Residue levels of pesitcides in plant and animal products ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council regulation on on maximum residue levels of pesticides in products of plant and animal origin (COM(2003) 117 — C5-0108/2003 — 2003/0052(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 117) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 117) (1),

| — | having regard to Articles 251(2) and 95 and 152 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0108/2003), |
| --- | --- |

—

having regard to Articles 251(2) and 95 and 152 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0108/2003),

| — | 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 the Environment, Public Health and Consumer Policy and the opinion of the Committee on Agriculture and Rural Development (A5-0260/2004), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Agriculture and Rural Development (A5-0260/2004),

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

1.

Approves the Commission proposal as amended;

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

2.

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

| 3. | Instructs its President to forward its position to the Council and 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)0052

Position of the European Parliament adopted at first reading on 20 April 2004 with a view to the adoption of Regulation (EC) No .../2004 of the European Parliament and of the Council on maximum residue levels of pesticides in products of plant and animal origin

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the third subparagraph of Article 37(2), Article 95(1) and Article 152(4)(b) thereof,

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

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

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

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

Whereas:

| (1) | Council Directive 76/895/EEC of 23 November 1976 relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables (5), Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals (6), Council Directive 86/363/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal origin (7), and Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on products of plant origin, including fruit and vegetables (8), have been substantially amended several times. In the interests of clarity and simplicity, those Directives should be repealed and replaced by a single act. |
| --- | --- |

(1)

Council Directive 76/895/EEC of 23 November 1976 relating to the fixing of maximum levels for pesticide residues in and on fruit and vegetables (5), Council Directive 86/362/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on cereals (6), Council Directive 86/363/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal origin (7), and Council Directive 90/642/EEC of 27 November 1990 on the fixing of maximum levels for pesticide residues in and on products of plant origin, including fruit and vegetables (8), have been substantially amended several times. In the interests of clarity and simplicity, those Directives should be repealed and replaced by a single act.

| (2) | This Regulation directly concerns public health and is relevant to the functioning of the internal market. It covers products which are included in Annex I to the Treaty as well as products which are not. Consequently, it is appropriate to choose the third subparagraph of Article 37(2), Article 95(1) and Article 152(4)(b) as the legal basis. |
| --- | --- |

(2)

This Regulation directly concerns public health and is relevant to the functioning of the internal market. It covers products which are included in Annex I to the Treaty as well as products which are not. Consequently, it is appropriate to choose the third subparagraph of Article 37(2), Article 95(1) and Article 152(4)(b) as the legal basis.

| (3) | Differences in national maximum residue levels for pesticides can pose barriers to trade between Member States and trade between third countries and the Community
  , and create differences in public health protection
  . Accordingly, in the interest of free movement of goods, equal competition conditions among the Member States, as well as
  equal
  consumer protection
  among all consumers
  , it is appropriate that maximum residue levels (MRLs) for products of plant and animal origin be set at Community level
  , accounting for different climate conditions, and on the basis of the best available agricultural practices (integrated pest management)
  . |
| --- | --- |

(3)

Differences in national maximum residue levels for pesticides can pose barriers to trade between Member States and trade between third countries and the Community
  , and create differences in public health protection
  . Accordingly, in the interest of free movement of goods, equal competition conditions among the Member States, as well as
  equal
  consumer protection
  among all consumers
  , it is appropriate that maximum residue levels (MRLs) for products of plant and animal origin be set at Community level
  , accounting for different climate conditions, and on the basis of the best available agricultural practices (integrated pest management)
  .

| (4) | A regulation (9) establishing MRLs does not require transposition into national law in the Member States. It is therefore the most appropriate legal instrument to set MRLs for pesticides in products of plant and animal origin, as its precise requirements should be applied at the same time and in the same manner throughout the Community and accordingly permit a more efficient use of national resources. |
| --- | --- |

(4)

A regulation (9) establishing MRLs does not require transposition into national law in the Member States. It is therefore the most appropriate legal instrument to set MRLs for pesticides in products of plant and animal origin, as its precise requirements should be applied at the same time and in the same manner throughout the Community and accordingly permit a more efficient use of national resources.

| (5) | The production and consumption of plant and animal products play a very important role in the Community. The yield from plant production is continually being affected by harmful organisms. It is essential to protect plants and plant products against such
  organisms, to
  prevent a reduction in yield or damage to them
  and
  to ensure
  high
  agricultural productivity.
  To this end, different methods are available: non-chemical methods, practices such as using resistant varieties, crop rotation, mechanical weeding, biological control and chemical methods such as the use of plant protection products or pesticides
  . |
| --- | --- |

(5)

The production and consumption of plant and animal products play a very important role in the Community. The yield from plant production is continually being affected by harmful organisms. It is essential to protect plants and plant products against such
  organisms, to
  prevent a reduction in yield or damage to them
  and
  to ensure
  high
  agricultural productivity.
  To this end, different methods are available: non-chemical methods, practices such as using resistant varieties, crop rotation, mechanical weeding, biological control and chemical methods such as the use of plant protection products or pesticides
  .

| (6) | One of the most
  common
  methods of protecting plants and plant products from the effects of harmful organisms is the use of active substances in plant protection products. However,
  a consequence
  of their use may be the presence of residues in the treated commodities, in animals feeding on those commodities and in honey produced by bees exposed to them.
  As public health should be given priority over the interests of crop protection according to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (10),
  it is necessary to ensure that such residues should not be present at levels presenting an unacceptable risk to human or animal health.
  MRLs should be set at the lowest reasonably achievable level for each pesticide with a view to protecting vulnerable groups such as children and the unborn, and in order to minimise possible combined effects of multiple residues. |
| --- | --- |

(6)

One of the most
  common
  methods of protecting plants and plant products from the effects of harmful organisms is the use of active substances in plant protection products. However,
  a consequence
  of their use may be the presence of residues in the treated commodities, in animals feeding on those commodities and in honey produced by bees exposed to them.
  As public health should be given priority over the interests of crop protection according to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (10),
  it is necessary to ensure that such residues should not be present at levels presenting an unacceptable risk to human or animal health.
  MRLs should be set at the lowest reasonably achievable level for each pesticide with a view to protecting vulnerable groups such as children and the unborn, and in order to minimise possible combined effects of multiple residues.

| (7) | A number of active substances are banned under Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances (11). At the same time, many other active substances are not currently authorised under Directive 91/414/EEC. The residues of active substances in products of plant and animal origin arising from unauthorised use or from environmental contamination or from use in third countries should be carefully controlled and monitored. |
| --- | --- |

(7)

A number of active substances are banned under Directive 79/117/EEC of 21 December 1978 prohibiting the placing on the market and use of plant protection products containing certain active substances (11). At the same time, many other active substances are not currently authorised under Directive 91/414/EEC. The residues of active substances in products of plant and animal origin arising from unauthorised use or from environmental contamination or from use in third countries should be carefully controlled and monitored.

| (8) | The basic rules with regard to feed and food law are laid down in Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority, and laying down procedures in matters of food safety (12). |
| --- | --- |

(8)

The basic rules with regard to feed and food law are laid down in Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority, and laying down procedures in matters of food safety (12).

| (9) | In addition to those basic rules, more specific rules are needed to ensure the effective functioning of the internal market and trade with third countries in relation to fresh, processed and composite plant and animal products intended for human consumption or animal feed on which pesticide residues may be present, whilst providing the basis for securing a high level of protection for human and animal health and the interests of consumers. Such rules should include the specification of MRLs for each pesticide on all food and feed products and the quality of the data underlying these MRLs. |
| --- | --- |

(9)

In addition to those basic rules, more specific rules are needed to ensure the effective functioning of the internal market and trade with third countries in relation to fresh, processed and composite plant and animal products intended for human consumption or animal feed on which pesticide residues may be present, whilst providing the basis for securing a high level of protection for human and animal health and the interests of consumers. Such rules should include the specification of MRLs for each pesticide on all food and feed products and the quality of the data underlying these MRLs.

| (10) | Specific rules for animal feed including marketing, storage of feed and feeding of animals are provided for in Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed (13). For certain products it is not possible to determine whether they will be transformed into food or animal feed. Therefore the Pesticide Residues on such products should be safe both for human and animal consumption. Accordingly it is appropriate that the rules set out in this Regulation also apply to those products in addition to the specific rules for animal nutrition. |
| --- | --- |

(10)

Specific rules for animal feed including marketing, storage of feed and feeding of animals are provided for in Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed (13). For certain products it is not possible to determine whether they will be transformed into food or animal feed. Therefore the Pesticide Residues on such products should be safe both for human and animal consumption. Accordingly it is appropriate that the rules set out in this Regulation also apply to those products in addition to the specific rules for animal nutrition.

| (11) | The basic rules with regard to official control of food and feed controls are laid down in Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules
   (14). It is appropriate that specific rules concerning monitoring and control of pesticide residues be introduced. |
| --- | --- |

(11)

The basic rules with regard to official control of food and feed controls are laid down in Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules
   (14). It is appropriate that specific rules concerning monitoring and control of pesticide residues be introduced.

| (12) | Council Directive 91/414/EEC provides basic rules with respect to the use and placing on the market of plant protection products. In particular the use of those products should have no harmful effects on human or animal health. Pesticide residues resulting from uses of plant protection products may have harmful effects on the health of consumers. It is therefore appropriate that rules for the M R Ls on the products intended for human consumption are defined that are linked to the authorisation for use of the pesticides as defined in the framework of Council Directive 91/414/EEC. |
| --- | --- |

(12)

Council Directive 91/414/EEC provides basic rules with respect to the use and placing on the market of plant protection products. In particular the use of those products should have no harmful effects on human or animal health. Pesticide residues resulting from uses of plant protection products may have harmful effects on the health of consumers. It is therefore appropriate that rules for the M R Ls on the products intended for human consumption are defined that are linked to the authorisation for use of the pesticides as defined in the framework of Council Directive 91/414/EEC.

| (13) | With a view to human exposure to combinations of active substances and their cumulative and possible synergistic effects on human health, aggregate MRLs should be set after consultation of the European Food Safety Authority, who will submit proposals for the calculation of aggregate MRLs. |
| --- | --- |

(13)

With a view to human exposure to combinations of active substances and their cumulative and possible synergistic effects on human health, aggregate MRLs should be set after consultation of the European Food Safety Authority, who will submit proposals for the calculation of aggregate MRLs.

| (14) | Whilst considering MRLs of pesticides, it should also be recognised that few consumers know about the risks arising from pesticides. It would be valuable to see the European Food Safety Authority embark on a project to fully explain the risks to the public. |
| --- | --- |

(14)

Whilst considering MRLs of pesticides, it should also be recognised that few consumers know about the risks arising from pesticides. It would be valuable to see the European Food Safety Authority embark on a project to fully explain the risks to the public.

| (15) | Directive 91/414/EEC provides that Member States, when issuing authorisations, are to prescribe that plant protection products be used
  properly. The
  MRLs should be set as low as is consistent with
  good agricultural practice, provided that they do not present a risk to consumer health
  . The Community should encourage the use of methods or products favouring a reduction in risk, and a reduction in the amounts of pesticides used to levels consistent with efficient pest control. |
| --- | --- |

(15)

Directive 91/414/EEC provides that Member States, when issuing authorisations, are to prescribe that plant protection products be used
  properly. The
  MRLs should be set as low as is consistent with
  good agricultural practice, provided that they do not present a risk to consumer health
  . The Community should encourage the use of methods or products favouring a reduction in risk, and a reduction in the amounts of pesticides used to levels consistent with efficient pest control.

| (16) | It is necessary to define at Community level certain terms used for the setting,
  monitoring, control and reporting
  of MRLs in and on products of plant and animal origin
  and guidelines for the sanctioning of producers or traders
  . |
| --- | --- |

(16)

It is necessary to define at Community level certain terms used for the setting,
  monitoring, control and reporting
  of MRLs in and on products of plant and animal origin
  and guidelines for the sanctioning of producers or traders
  .

| (17) | Directive 76/895/EEC provides for the possibility for the Member States to authorise higher levels of MRLs than are currently authorised at Community level. That possibility should cease to exist as, in view of the internal market, it could create obstacles to intra-Community trade. |
| --- | --- |

(17)

Directive 76/895/EEC provides for the possibility for the Member States to authorise higher levels of MRLs than are currently authorised at Community level. That possibility should cease to exist as, in view of the internal market, it could create obstacles to intra-Community trade.

| (18) | The determination of MRLs for pesticides requires lengthy technical consideration and includes an assessment of potential risks to consumers. Therefore, MRLs cannot be set immediately for the residues of pesticides currently regulated by Directive 76/895/EEC or for pesticides for which Community levels have not yet been set. |
| --- | --- |

(18)

The determination of MRLs for pesticides requires lengthy technical consideration and includes an assessment of potential risks to consumers. Therefore, MRLs cannot be set immediately for the residues of pesticides currently regulated by Directive 76/895/EEC or for pesticides for which Community levels have not yet been set.

| (19) | It is appropriate that the minimum data requirements to be used when considering the setting of MRLs for pesticides be laid down at Community level. |
| --- | --- |

(19)

It is appropriate that the minimum data requirements to be used when considering the setting of MRLs for pesticides be laid down at Community level.

| (20) | In exceptional circumstances, for unauthorised pesticides that may be present in the environment as contaminants, it is appropriate to permit the use of monitoring data in setting MRLs for pesticides. |
| --- | --- |

(20)

In exceptional circumstances, for unauthorised pesticides that may be present in the environment as contaminants, it is appropriate to permit the use of monitoring data in setting MRLs for pesticides.

| (21) | MRLs for pesticides should be continually monitored and should be changed to take account of new information and data. MRLs should be set at the lower level of analytical determination where authorised uses of plant protection products do not result in detectable levels of pesticide residues. Where uses of pesticides are not authorised at Community level, MRLs should be set at an appropriate low level to protect the consumer from the intake of unauthorised or excess levels of pesticides residues. That level is conventionally set at 0.01 mg/kg although in the exceptional cases where such a level does not guarantee consumer protection, lower levels should be
  set. |
| --- | --- |

(21)

MRLs for pesticides should be continually monitored and should be changed to take account of new information and data. MRLs should be set at the lower level of analytical determination where authorised uses of plant protection products do not result in detectable levels of pesticide residues. Where uses of pesticides are not authorised at Community level, MRLs should be set at an appropriate low level to protect the consumer from the intake of unauthorised or excess levels of pesticides residues. That level is conventionally set at 0.01 mg/kg although in the exceptional cases where such a level does not guarantee consumer protection, lower levels should be
  set.

| (22) | Regulation
  (EC) No 178/2002 establishes procedures for taking emergency measures in relation to food of Community origin or imported from a third country. Those procedures allow the Commission to adopt such measures in situations where food is likely to constitute a serious risk to human health, animal health or the environment and where such risk cannot be contained satisfactorily by measures taken by the Member State(s) concerned. It is appropriate that these measures and their effect on human and animal health are evaluated by the European Food Safety Authority without delay. |
| --- | --- |

(22)

Regulation
  (EC) No 178/2002 establishes procedures for taking emergency measures in relation to food of Community origin or imported from a third country. Those procedures allow the Commission to adopt such measures in situations where food is likely to constitute a serious risk to human health, animal health or the environment and where such risk cannot be contained satisfactorily by measures taken by the Member State(s) concerned. It is appropriate that these measures and their effect on human and animal health are evaluated by the European Food Safety Authority without delay.

| (23) | The lifetime exposure, and where appropriate the acute exposure of consumers to pesticide residues via food products should be assessed and evaluated in accordance with Community procedures and practices, taking account of guidelines published by the World Health Organisation. |
| --- | --- |

(23)

The lifetime exposure, and where appropriate the acute exposure of consumers to pesticide residues via food products should be assessed and evaluated in accordance with Community procedures and practices, taking account of guidelines published by the World Health Organisation.

| (24) | Through the World Trade Organization, the Community's trading partners should be consulted about the MRLs proposed, and their observations should be taken into account, before the MRLs are adopted. MRLs set at the international level by the Codex Alimentarius Commission should also be considered when Community MRLs are being set
  , but only if the principles of integrated pest management are respected and climate conditions are taken into account
  . |
| --- | --- |

(24)

Through the World Trade Organization, the Community's trading partners should be consulted about the MRLs proposed, and their observations should be taken into account, before the MRLs are adopted. MRLs set at the international level by the Codex Alimentarius Commission should also be considered when Community MRLs are being set
  , but only if the principles of integrated pest management are respected and climate conditions are taken into account
  .

| (25) | For feed and food produced outside the Community, different agricultural practices as regards the use of plant protection products may be legally applied, resulting in pesticide residues differing from those resulting from uses legally applied in the Community. It is therefore appropriate that MRLs be fixed for imported products that take these uses and the resulting residues into account provided that the safety of the products can be demonstrated using the same criteria as for domestic produce. |
| --- | --- |

(25)

For feed and food produced outside the Community, different agricultural practices as regards the use of plant protection products may be legally applied, resulting in pesticide residues differing from those resulting from uses legally applied in the Community. It is therefore appropriate that MRLs be fixed for imported products that take these uses and the resulting residues into account provided that the safety of the products can be demonstrated using the same criteria as for domestic produce.

| (26) | The European Food Safety Authority established by Regulation (EC) No 178/2002, has a key role to play in the assessment of risks to the consumer and should be involved in the scientific evaluation of applications to set MRLs and in the assessment of risks to consumers from pesticide residues.
  Therefore, it is necessary to ensure that the Authority is granted sufficient resources to enable it to perform these tasks. |
| --- | --- |

(26)

The European Food Safety Authority established by Regulation (EC) No 178/2002, has a key role to play in the assessment of risks to the consumer and should be involved in the scientific evaluation of applications to set MRLs and in the assessment of risks to consumers from pesticide residues.
  Therefore, it is necessary to ensure that the Authority is granted sufficient resources to enable it to perform these tasks.

| (27) | The European Food Safety Authority should take into account all scientific peer-reviewed literature on the toxicological effects of the plant protection product in question when evaluating the risk for consumers. Immunotoxicity, endocrine disruption, developmental toxicity and low-dose effects are among those that should be considered in particular. |
| --- | --- |

(27)

The European Food Safety Authority should take into account all scientific peer-reviewed literature on the toxicological effects of the plant protection product in question when evaluating the risk for consumers. Immunotoxicity, endocrine disruption, developmental toxicity and low-dose effects are among those that should be considered in particular.

| (28) | The Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented. Those penalties must be effective, proportionate and dissuasive. |
| --- | --- |

(28)

The Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and ensure that they are implemented. Those penalties must be effective, proportionate and dissuasive.

| (29) | The development of a Community harmonised system for MRLs entails the development of guidelines, databases and other activities with costs associated. It is appropriate for the Community in certain cases to make a contribution to those costs. |
| --- | --- |

(29)

The development of a Community harmonised system for MRLs entails the development of guidelines, databases and other activities with costs associated. It is appropriate for the Community in certain cases to make a contribution to those costs.

| (30) | It is good administrative practice and is technically desirable to co-ordinate the timing of decisions on MRLs for active substances with decisions taken for those substances under Directive 91/414/EEC. For many substances for which Community MRLs have not yet been set, decisions are not due to be taken under that Directive before the date of entry into force of this Regulation. |
| --- | --- |

(30)

It is good administrative practice and is technically desirable to co-ordinate the timing of decisions on MRLs for active substances with decisions taken for those substances under Directive 91/414/EEC. For many substances for which Community MRLs have not yet been set, decisions are not due to be taken under that Directive before the date of entry into force of this Regulation.

| (31) | It is therefore necessary to adopt separate rules providing for temporary but mandatory MRLs, with a view to setting MRLs progressively as decisions are taken on individual active substances in the framework of the evaluations under Directive 91/414/EEC. |
| --- | --- |

(31)

It is therefore necessary to adopt separate rules providing for temporary but mandatory MRLs, with a view to setting MRLs progressively as decisions are taken on individual active substances in the framework of the evaluations under Directive 91/414/EEC.

| (32) | The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (15), |
| --- | --- |

(32)

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (15),

| (33) | In accordance with the principal of proportionality, it is necessary and appropriate for the achievement of the basic objectives of facilitating trade whilst protecting the consumer to lay down rules on MRLs in products of plant and animal origin. This Regulation does not go beyond what is necessary in order to achieve the objectives pursued in accordance with the third paragraph of Article 5 of the Treaty, |
| --- | --- |

(33)

In accordance with the principal of proportionality, it is necessary and appropriate for the achievement of the basic objectives of facilitating trade whilst protecting the consumer to lay down rules on MRLs in products of plant and animal origin. This Regulation does not go beyond what is necessary in order to achieve the objectives pursued in accordance with the third paragraph of Article 5 of the Treaty,

| (34) | To ensure that consumers are adequately informed, Member States will publish on the Internet all results of national monitoring of residues every three months, providing all individual data. Member States should look into the possibility of publishing the names of companies whose products contain higher pesticide residues than the maximum levels allowed, |
| --- | --- |

(34)

To ensure that consumers are adequately informed, Member States will publish on the Internet all results of national monitoring of residues every three months, providing all individual data. Member States should look into the possibility of publishing the names of companies whose products contain higher pesticide residues than the maximum levels allowed,

HAVE ADOPTED THIS REGULATION:

Article 1

Aims

The aim of this Regulation is to set harmonised maximum residue levels (MRLs) for pesticides in products of plant and animal origin in order to protect all European consumers against possible health effects. MRLs should therefore be set at the lowest reasonably achievable level with the aim of ensuring the best possible consumer protection.

CHAPTER I

SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 2

Subject matter

This Regulation shall apply to fresh, processed and composite plant and animal products or parts thereof listed in Annex I, intended for human consumption or animal feed on which pesticide residues may be present due to:

| (a) | the use of plant protection products falling within the scope of Directive 91/414/EEC; |
| --- | --- |

(a)

the use of plant protection products falling within the scope of Directive 91/414/EEC;

| (b) | plant protection
  , veterinary or biocide
  products applied outside the Community; or |
| --- | --- |

(b)

plant protection
  , veterinary or biocide
  products applied outside the Community; or

| (c) | environmental contamination by substances formerly used as plant protection
  , veterinary or biocide
  products. |
| --- | --- |

(c)

environmental contamination by substances formerly used as plant protection
  , veterinary or biocide
  products.

This Regulation shall be subject to the rules on food and feed provided for by Regulation (EC) No 178/2002.

Article 3

Scope

1.   This Regulation shall apply without prejudice to Council Directive 2002/32/EC
  and Council Regulation (EEC) No 2377/90
   (16)
  .

2.   This Regulation shall not apply to the products referred to in Article 2 where it may be established by appropriate evidence that they are intended for:

| (a) | the manufacture of products other than food intended for human consumption or animal feed; or |
| --- | --- |

(a)

the manufacture of products other than food intended for human consumption or animal feed; or

| (b) | sowing or planting. |
| --- | --- |

(b)

sowing or planting.

3.   MRLs for pesticides set in accordance with this Regulation shall not apply in the case of products referred to in Article 2 intended for export to third countries and treated before export,
  but after harvest,
  where it may be established by appropriate evidence that the third country of destination requires or agrees with that particular treatment in order to prevent the introduction of harmful organisms into its territory.

Article 4

Definitions

For the purpose of this Regulation, the definitions in Regulation (EC) No 178/2002 shall apply.

The following definitions shall also apply:

| 1) | ‘pesticide residues’: means residues of plant protection products
  , including metabolites and breakdown or reaction products of active substances
  which are present in or on the products referred to in Article 2 of this Regulation
  , including those
  which may arise as a result of use in plant protection, in veterinary medicine and as a biocide; |
| --- | --- |

1)

‘pesticide residues’: means residues of plant protection products
  , including metabolites and breakdown or reaction products of active substances
  which are present in or on the products referred to in Article 2 of this Regulation
  , including those
  which may arise as a result of use in plant protection, in veterinary medicine and as a biocide;

| 2) | ‘Maximum Residue Level’ (MRL): means the upper legal level of concentration for a pesticide residue,
  based on the best available agricultural methods of crop protection, i.e. integrated pest management in a given climate zone, and the lowest consumer exposure necessary to protect all vulnerable consumers; if an MRL is exceeded,
  measures are to be taken to withdraw a product from the market; |
| --- | --- |

2)

‘Maximum Residue Level’ (MRL): means the upper legal level of concentration for a pesticide residue,
  based on the best available agricultural methods of crop protection, i.e. integrated pest management in a given climate zone, and the lowest consumer exposure necessary to protect all vulnerable consumers; if an MRL is exceeded,
  measures are to be taken to withdraw a product from the market;

| 3) | ‘Limit of
  Quantification
  ’ (
  LOQ
  ): means the lowest level achieved and reported by routine monitoring with validated methods in accredited laboratories as defined in Regulation (EC) No 882/2004; |
| --- | --- |

3)

‘Limit of
  Quantification
  ’ (
  LOQ
  ): means the lowest level achieved and reported by routine monitoring with validated methods in accredited laboratories as defined in Regulation (EC) No 882/2004;

| 4) | ‘good agricultural practice’ (GAP): means the nationally recommended
  agricultural practices based on integrated pest management, giving priority to alternative methods and practices of crop protection over the use of chemicals
  ; |
| --- | --- |

4)

‘good agricultural practice’ (GAP): means the nationally recommended
  agricultural practices based on integrated pest management, giving priority to alternative methods and practices of crop protection over the use of chemicals
  ;

| 5) | ‘import tolerance’: means an MRL based on a Codex Alimentarius Commission MRL or on a GAP implemented in a third country for the legal use of an active substance in that third country
  where the
  use of the active substance in a plant protection product on a commodity is not authorised in the Community
  for reasons other than public health
  ; |
| --- | --- |

5)

‘import tolerance’: means an MRL based on a Codex Alimentarius Commission MRL or on a GAP implemented in a third country for the legal use of an active substance in that third country
  where the
  use of the active substance in a plant protection product on a commodity is not authorised in the Community
  for reasons other than public health
  ;

| 6) | ‘
  expertise assessment
  ’: means a comparative
  assessment
  in which several laboratories perform analyses on identical samples, allowing an evaluation of the quality of the analysis by each laboratory; |
| --- | --- |

6)

‘
  expertise assessment
  ’: means a comparative
  assessment
  in which several laboratories perform analyses on identical samples, allowing an evaluation of the quality of the analysis by each laboratory;

| 7) | ‘acute reference dose’: means the estimate of the amount of substance in food or drinking-water expressed on a body weight basis, that can be ingested over a short period of time, usually during one meal or one day, without appreciable health risk to the consumer on the basis of
  the data produced by appropriate studies; taking into account the cumulative and synergistic effects of the different plant protection products, as well as the extra vulnerability of children and the unborn
  ; |
| --- | --- |

7)

‘acute reference dose’: means the estimate of the amount of substance in food or drinking-water expressed on a body weight basis, that can be ingested over a short period of time, usually during one meal or one day, without appreciable health risk to the consumer on the basis of
  the data produced by appropriate studies; taking into account the cumulative and synergistic effects of the different plant protection products, as well as the extra vulnerability of children and the unborn
  ;

| 8) | ‘acceptable daily intake’: means the estimate of the amount of substance in food or drinking-water expressed on a body weight basis, that can be ingested daily over a lifetime, without appreciable health risk to
  any
  consumer on the basis of all known facts at the time of evaluation
  , taking into account the cumulative and synergistic effects of the different plant protection products, as well as the extra vulnerability of children and the unborn
  ; |
| --- | --- |

8)

‘acceptable daily intake’: means the estimate of the amount of substance in food or drinking-water expressed on a body weight basis, that can be ingested daily over a lifetime, without appreciable health risk to
  any
  consumer on the basis of all known facts at the time of evaluation
  , taking into account the cumulative and synergistic effects of the different plant protection products, as well as the extra vulnerability of children and the unborn
  ;

| 9) | ‘composite food stuffs’: means food containing a mixture of ingredients. |
| --- | --- |

9)

‘composite food stuffs’: means food containing a mixture of ingredients.

CHAPTER II

COMMUNITY PROCEDURE FOR APPLICATIONS FOR MRLs

SECTION 1

SUBMISSION OF APPLICATIONS FOR MRLs

Article 5

Applicants for MRLs

An application to set, modify or delete an MRL may be made by:

| (a) | a Member State authorising the use of a plant protection
  , veterinary or biocide
  product on its territory; |
| --- | --- |

(a)

a Member State authorising the use of a plant protection
  , veterinary or biocide
  product on its territory;

| (b) | all parties with a legitimate interest in health and the environment, as well as commercially
  interested parties, including manufacturers, growers, importers and producers of products referred to in Article 2; |
| --- | --- |

(b)

all parties with a legitimate interest in health and the environment, as well as commercially
  interested parties, including manufacturers, growers, importers and producers of products referred to in Article 2;

| (c) | any party identifying an appropriate and scientifically substantiated possible concern for human or animal health due to the intake of pesticide residues. |
| --- | --- |

(c)

any party identifying an appropriate and scientifically substantiated possible concern for human or animal health due to the intake of pesticide residues.

Article 6

Applications to be submitted to the European Food Safety Authority

1.   
  After completion of an evaluation report, the Member State shall forward the application, together with the evaluation report and the supporting dossier, to the Commission. The Commission shall without delay inform the Member States and forward the application, the evaluation report and the supporting dossier
  to the European Food Safety Authority established by Regulation (EC) No 178/2002 (hereinafter referred to as ‘the Authority’).

2.   The Authority shall acknowledge in writing receipt of the application to the applicant without delay. The acknowledgement shall state the date of receipt of the application.

3.   The Authority shall notify the Commission of the application.

Article 7

Requirements relating to applications for MRLs

1.   The application to set, modify or delete an MRL shall be accompanied by the following information:

| (a) | the name and address of the applicant; |
| --- | --- |

(a)

the name and address of the applicant;

| (b) | A copy of the relevant national provisions applying to the specific use of that active substance including the GAP; |
| --- | --- |

(b)

A copy of the relevant national provisions applying to the specific use of that active substance including the GAP;

| (c) | the application dossier including:






  (i) | a summary of the application; |
| --- | --- | --- |

(c)

the application dossier including:

(i)

a summary of the application;

| (ii) | the main substantive arguments; |
| --- | --- |

(ii)

the main substantive arguments;

| (iii) | an index of the documentation; |
| --- | --- |

(iii)

an index of the documentation;

| (d) | a complete overview of any concerns raised in the scientific literature about the plant protection product and/or its residue.
  . |
| --- | --- |

(d)

a complete overview of any concerns raised in the scientific literature about the plant protection product and/or its residue.
  .

| (e) | the data listed in Annexes II and III to Directive 91/414/EEC relating to data requirements for the setting of MRLs for pesticide residues, including, where appropriate, toxicological data as well as plant and animal metabolism data. |
| --- | --- |

(e)

the data listed in Annexes II and III to Directive 91/414/EEC relating to data requirements for the setting of MRLs for pesticide residues, including, where appropriate, toxicological data as well as plant and animal metabolism data.

However, where an active substance has already been authorised for use in the Community under Directive 91/414/EEC or where a Codex Alimentarius Commission MRL exists, the Authority may consider that the applicant may be exempted from the submission of certain requirements for data, particularly as regards the toxicology. In such cases, the reasoned opinion of the Authority as referred to Article 10 shall include a justification for any such waivers granted.

2.   The Authority may, where appropriate, request the applicant to provide supplementary information in addition to information required under paragraph 1 within a time limit specified by the Authority which in no event shall exceed
  two years
  .

Article 8

Guidelines relating to submission of data

The data as referred to in Article 7(1)(e) shall comply with the guidelines set out in Annex VI.

The Authority shall regularly make proposals for updating those guidelines to take account of scientific and technical progress.

SECTION 2

CONSIDERATION OF APPLICATIONS CONCERNING MRLs BY THE AUTHORITY

Article 9

Receipt of application concerning MRLs by the Authority

Upon receipt of an application to set, modify or delete an MRL, the Authority shall:

| (a) | verify that the application complies with Article 7; |
| --- | --- |

(a)

verify that the application complies with Article 7;

| (b) | inform the applicant, the Commission and the Member States where an application does not comply with Article 7; |
| --- | --- |

(b)

inform the applicant, the Commission and the Member States where an application does not comply with Article 7;

| (c) | make available to the Member States and the Commission a summary of each application, and, at the request of a Member State or the Commission, transmit the application dossier and any supplementary information supplied by the applicant. |
| --- | --- |

(c)

make available to the Member States and the Commission a summary of each application, and, at the request of a Member State or the Commission, transmit the application dossier and any supplementary information supplied by the applicant.

Article 10

The Authority's opinion on applications concerning MRLs

1.   The Authority shall give a reasoned opinion on applications complying with Article 7, on the setting, modification or deletion of an MRL. That opinion shall include:

| (a) | an assessment on whether the analytical method for routine monitoring proposed in the application is appropriate for the intended control purposes; |
| --- | --- |

(a)

an assessment on whether the analytical method for routine monitoring proposed in the application is appropriate for the intended control purposes;

| (b) | the anticipated
  LOQ
  for the pesticide commodity combination; |
| --- | --- |

(b)

the anticipated
  LOQ
  for the pesticide commodity combination;

| (c) | an assessment of the risks of the acceptable daily intake or acute reference dose being exceeded as a result of the modification of the MRL; the contribution to the total intake due to the residues on the commodity for which the MRLs was requested; |
| --- | --- |

(c)

an assessment of the risks of the acceptable daily intake or acute reference dose being exceeded as a result of the modification of the MRL; the contribution to the total intake due to the residues on the commodity for which the MRLs was requested;

| (d) | an assessment of, in particular, the immunotoxicity, neurotoxicity, early developmental toxicity, low-dose toxicity, endocrine disruption and synergistic effects of the plant protection product or its residue. |
| --- | --- |

(d)

an assessment of, in particular, the immunotoxicity, neurotoxicity, early developmental toxicity, low-dose toxicity, endocrine disruption and synergistic effects of the plant protection product or its residue.

2.   The Authority shall forward its reasoned opinion to the applicant, the Commission, and the Member States.

3.   Without prejudice to Article 39 of Regulation (EC) No 178/2002, the Authority shall make its reasoned opinion public.

Article 11

Time limits for the Authority's opinion on applications concerning MRLs

1.   The Authority shall give its reasoned opinion as provided for in Article 10(1) within the following time limits from the date of receipt of the application:

| (a) | three months where the toxicology of the active substance has already been evaluated at Community level; |
| --- | --- |

(a)

three months where the toxicology of the active substance has already been evaluated at Community level;

| (b) | twelve months where the toxicology of the active substance has not been evaluated at Community level. |
| --- | --- |

(b)

twelve months where the toxicology of the active substance has not been evaluated at Community level.

2.   Where the Authority requests supplementary information as provided for in Article 7(2), the time limits laid down in paragraph 1 are suspended until that information has been provided.

SECTION 3

SETTING, MODIFYING OR DELETION RELATED TO APPLICATIONS FOR MRLs

Article 12

Decisions on applications concerning MRLs

Upon receipt of a reasoned opinion of the Authority as provided for in Article 10(1), a reasoned decision shall be adopted
  by the Commission
  on the setting, modification or deletion of an MRL, in accordance with the procedure referred to in Article 51(2).

The decision shall take into account the opinion of the Authority.

The Commission may request at any time that supplementary information be provided by the applicant.

In deciding, account shall be taken of:

| (a) | the scientific and technical knowledge available; |
| --- | --- |

(a)

the scientific and technical knowledge available;

| (b) | the possible presence of pesticide residues arising from sources other than current plant protection uses of active substances; |
| --- | --- |

(b)

the possible presence of pesticide residues arising from sources other than current plant protection uses of active substances;

| (c) | the results of an assessment of any potential risks to the consumer and, where appropriate, to animal health; |
| --- | --- |

(c)

the results of an assessment of any potential risks to the consumer and, where appropriate, to animal health;

| (d) | the results of any evaluations and decisions to modify the uses of plant protection products; |
| --- | --- |

(d)

the results of any evaluations and decisions to modify the uses of plant protection products;

| (e) | an MRL set by the Codex Alimentarius Commission for substances authorised for use in the European Union or a GAP implemented in a third country for the authorised use of an active substance in that third country; |
| --- | --- |

(e)

an MRL set by the Codex Alimentarius Commission for substances authorised for use in the European Union or a GAP implemented in a third country for the authorised use of an active substance in that third country;

| (f) | other legitimate factors relevant to the matter under consideration. |
| --- | --- |

(f)

other legitimate factors relevant to the matter under consideration.

Article 13

Opinion of the Authority not required

Where amending Annexes II or III, in order to delete or to reduce to 0,01 mg/kg an MRL following the revocation of an existing authorisation for a plant protection product under Directive 91/414/EEC.an opinion of the Authority shall not be required.

CHAPTER III

MRLs APPLICABLE TO PRODUCTS OF PLANT AND ANIMAL ORIGIN AND ACTIVE SUBSTANCES

Article 14

Compliance with maximum residue levels

1.   The products referred to in Article 2 shall not contain, from the time they are placed on the market any pesticide residue exceeding:

| (a) | the MRLs for those products set out in Annexes II and III; |
| --- | --- |

(a)

the MRLs for those products set out in Annexes II and III;

| (b) | 0,01 mg/kg for active substances not listed in Annex IV for those products for which no specific MRL is set out in Annexes II or III; |
| --- | --- |

(b)

0,01 mg/kg for active substances not listed in Annex IV for those products for which no specific MRL is set out in Annexes II or III;

2.   Member States may not prohibit or impede the placing on the market within their territories of the products referred to in Article 2 on the grounds that they contain pesticide residues provided that:

| (a) | the
  pesticide residue level or content
  does not exceed the appropriate MRLs set out in Annexes II or III; or |
| --- | --- |

(a)

the
  pesticide residue level or content
  does not exceed the appropriate MRLs set out in Annexes II or III; or

| (b) | the active substance is listed in Annex IV. |
| --- | --- |

(b)

the active substance is listed in Annex IV.

Article 15

Prohibited uses of processed and composite products

In the case of processed and composite products as referred to in Article 2, the following shall be prohibited:

| (a) | to dilute products not complying with the MRLs set out in Annexes II or III so as to reduce the pesticide residue levels below those MRLs; |
| --- | --- |

(a)

to dilute products not complying with the MRLs set out in Annexes II or III so as to reduce the pesticide residue levels below those MRLs;

| (b) | to mix products which are to be subjected to a sorting technique or physical treatment with products intended for direct human consumption or as an ingredient in food or feed; |
| --- | --- |

(b)

to mix products which are to be subjected to a sorting technique or physical treatment with products intended for direct human consumption or as an ingredient in food or feed;

| (c) | to use products not complying with the MRLs set out in Annexes II or III as ingredients in the manufacture of other food or feed; |
| --- | --- |

(c)

to use products not complying with the MRLs set out in Annexes II or III as ingredients in the manufacture of other food or feed;

| (d) | to detoxify those products by chemical treatments. |
| --- | --- |

(d)

to detoxify those products by chemical treatments.

Article 16

MRLs applicable to dried and other processed products

1.   Where MRLs are not set out in Annexes II or III for dried and other processed products referred to in Article 2, the MRLs applicable shall be those set out in Annexes II or III for the appropriate commodity referred to in Annex I, taking into account:

| (a) | changes in the levels of pesticide residues caused by the drying process; or |
| --- | --- |

(a)

changes in the levels of pesticide residues caused by the drying process; or

| (b) | changes in the levels of pesticide residues caused by processing. |
| --- | --- |

(b)

changes in the levels of pesticide residues caused by processing.

2.   Specific concentration or dilution factors for certain drying or other processing operations or for certain dried or otherwise processed products may be included in the list in Annex V in accordance with the procedure referred to in Article 51(2).

Article 17

MRLs applicable to composite food and feed

The MRL to be applied to composite food and feed shall correspond to the MRLs of their ingredients as set out in Annexes II or III taking into account the relative concentrations of the ingredients in their composition and the provisions of Articles 14, 15 and 16.

Article 18

Aggregate limit values

In accordance with the procedure referred to in Article 51(2), and in accordance with the criteria set out in Article 20, aggregate limit values shall be laid down for the presence of multiple pesticide residues in food- and feedstuffs. Where the aggregate limit values are exceeded, Articles 14, 15 and 16 shall apply as appropriate.

CHAPTER IV

ESTABLISHING LISTS OF COMMODITIES, MRLs AND ACTIVE SUBSTANCES

SECTION 1

PROCEDURE FOR THE ESTABLISHMENT OF LISTS OF GROUPS OF COMMODITIES, MRLs, ACTIVE SUBSTANCES AND ASSESSMENT OF MRLs

Article 19

Establishment of lists of groups of commodities of plant and animal origin

Lists of groups of commodities of plant and animal origin with examples of products in those groups and the parts of those products to which MRLs apply, to be set out in Annex I shall be established in accordance with the procedure referred to in Article 51(2). Those lists shall include animal feed as referred to in Article 2. Annex I shall include all commodities for which MRLs are explicitly set, grouped in such a way that MRLs may be set for a group of similar or related commodities.

Article 20

Establishment of lists of MRLs

The lists of MRLs for products of plant and animal origin to be set out in Annex II shall be established in accordance with the procedure referred to in Article 51(2), taking into account:

| (a) | the scientific and technical knowledge available
  , including an overview of the last ten years of scientific peer-reviewed open literature on the given plant protection product and its residues
  ; |
| --- | --- |

(a)

the scientific and technical knowledge available
  , including an overview of the last ten years of scientific peer-reviewed open literature on the given plant protection product and its residues
  ;

| (b) | the possible presence of pesticide residues arising from other uses of active substances
  , and their know cumulative and synergistic effects
  ; |
| --- | --- |

(b)

the possible presence of pesticide residues arising from other uses of active substances
  , and their know cumulative and synergistic effects
  ;

| (c) | the results of an assessment of any potential risks to
  consumers with the highest intake (including exposure to sources other than food) and highest vulnerability
  and, where appropriate, to animal health; |
| --- | --- |

(c)

the results of an assessment of any potential risks to
  consumers with the highest intake (including exposure to sources other than food) and highest vulnerability
  and, where appropriate, to animal health;

| (d) | the results of any evaluations undertaken in accordance with Directive 91/414/EEC; |
| --- | --- |

(d)

the results of any evaluations undertaken in accordance with Directive 91/414/EEC;

| (e) | modifications to the uses of products containing active substances that have arisen as a result of decisions under Directive 91/414/EEC; |
| --- | --- |

(e)

modifications to the uses of products containing active substances that have arisen as a result of decisions under Directive 91/414/EEC;

| (f) | the following MRLs:






  (i) | MRLs provided for under Directives 86/362/EEC, 86/363/EEC and 90/642/EEC; |
| --- | --- | --- |

(f)

the following MRLs:

(i)

MRLs provided for under Directives 86/362/EEC, 86/363/EEC and 90/642/EEC;

| (ii) | MRLs set by the Codex Alimentarius
  for active substances whose use is accepted in the EU
  ; |
| --- | --- |

(ii)

MRLs set by the Codex Alimentarius
  for active substances whose use is accepted in the EU
  ;

| (iii) | Maximum residues limits (MRLs) listed in annexes I, II and III of Regulation (EEC) No 2377/90. |
| --- | --- |

(iii)

Maximum residues limits (MRLs) listed in annexes I, II and III of Regulation (EEC) No 2377/90.

Annex II shall be established within 12 months of the entry into force of this Regulation.

Article 21

Establishment of a list of temporary MRLs

The lists of temporary MRLs for active substances for which a decision on inclusion or non-inclusion in Annex I to Directive 91/414/EEC has not yet been taken, shall be established in accordance with the procedure referred to in Article 51(2), taking into account the information provided by the Member States and the matters referred to in points (a)(b) and (c) of Article 20.

Such temporary MRLs shall include:

| (a) | remaining MRLs in the Annex to Directive 76/895/EEC; |
| --- | --- |

(a)

remaining MRLs in the Annex to Directive 76/895/EEC;

| (b) | hitherto unharmonised national MRLs, as referred to in Article 26; and |
| --- | --- |

(b)

hitherto unharmonised national MRLs, as referred to in Article 26; and

| (c) | MRLs set according to the simplified procedure referred to in Article 28, to be set out in Annex III. |
| --- | --- |

(c)

MRLs set according to the simplified procedure referred to in Article 28, to be set out in Annex III.

Annex III shall be established within 12 months of the entry into force of this Regulation, in accordance with the provisions laid down in Articles 26, 27 and 28.

Article 22

Establishment of a list of active substances for which no MRLs are required

The list of active substances of plant protection products, evaluated under Directive 91/414/EEC and for which it is agreed by the Committee referred to in Article 51(1) that MRLs are not required, to be set out in Annex IV shall be established in accordance with the procedure referred to in Article 51(2), taking into account the uses of those active substances and the matters referred to in points (a) and (c) of Article 20.

Annex IV shall be established within 12 months of the entry into force of this Regulation.

Article 23

Assessment of existing MRLs by the Authority

The Authority shall, within a period of 12 months from the date of the inclusion or non-inclusion of an active substance in Annex I to Directive 91/414/EEC, submit a reasoned opinion to the Commission and the Member States on that active substance and on:

| (a) | existing MRLs for that active substance set out in Annex II or III to this Regulation; |
| --- | --- |

(a)

existing MRLs for that active substance set out in Annex II or III to this Regulation;

| (b) | the necessity of setting new MRLs for that active substance; |
| --- | --- |

(b)

the necessity of setting new MRLs for that active substance;

| (c) | specific drying and processing factors for that active substance that may be included in Annex V; |
| --- | --- |

(c)

specific drying and processing factors for that active substance that may be included in Annex V;

| (d) | MRLs which the Commission may consider including in Annex II and on those MRLs which may be deleted or reduced to 0,01 mg/kg, related to that active substance. |
| --- | --- |

(d)

MRLs which the Commission may consider including in Annex II and on those MRLs which may be deleted or reduced to 0,01 mg/kg, related to that active substance.

SECTION 2

MRLs AND APPLICATIONS FOR AUTHORISATION OF PLANT PRODUCTION PRODUCTS UNDER DIRECTIVE 91/414/EEC

Article 24

MRLs corresponding to applications for authorisation and provisional authorisation of plant protection products under Directive 91/414/EEC

Where a Member State, in accordance with Directive 91/414/EEC, receives an application to grant an authorisation or a provisional authorisation for the use of a plant protection product, the Member State shall consider whether as a result of such use, an existing MRL set out in Annex II or III to this Regulation needs to be modified or whether it is necessary to set a new MRL.

Where a Member State considers that the setting, modification or deletion of an MRL is necessary, that Member State shall submit an application for setting, modifying or deleting the MRL under Chapter II of this Regulation.

Article 25

Inclusion of new or modified MRLs in Annexes II and III

1.   Where a new or modified MRL is set following an application by a Member State as provided for in Article 24, the new or modified MRL shall be listed:

| (a) | in Annex II to this Regulation where the substance has been included in Annex I to Directive 91/414/EEC; or |
| --- | --- |

(a)

in Annex II to this Regulation where the substance has been included in Annex I to Directive 91/414/EEC; or

| (b) | in other cases, as a temporary MRL, in Annex III to this Regulation. |
| --- | --- |

(b)

in other cases, as a temporary MRL, in Annex III to this Regulation.

2.   Where a temporary MRL is included in Annex III to this Regulation as provided for in paragraph 1(b), it shall not be maintained in that Annex for a period exceeding one year from the date of the inclusion or non-inclusion in Annex I to Directive 91/414/EEC of the active substance concerned.

SECTION 3

SETTING TEMPORARY MRLs

Article 26

Information to be provided by the Member States on national MRLs

Where for an active substance of a plant protection product, not yet included in Annex I to Directive 91/414/EEC:

| (a) | an MRL is not set out in Annex II to this Regulation for a certain commodity set out in Annex I to this Regulation and |
| --- | --- |

(a)

an MRL is not set out in Annex II to this Regulation for a certain commodity set out in Annex I to this Regulation and

| (b) | a Member State has set, by 30 June 2004 at the latest, a national MRL for an active substance on the commodity referred to in (a), based on the use of a plant protection product on its territory |
| --- | --- |

(b)

a Member State has set, by 30 June 2004 at the latest, a national MRL for an active substance on the commodity referred to in (a), based on the use of a plant protection product on its territory

the Member State concerned as referred to under (b) shall notify the Commission and the Authority, in a format and by a date to be established in accordance with the procedure referred to in Article 51(2) of the following:

| (c) | the national MRL referred to under (b); |
| --- | --- |

(c)

the national MRL referred to under (b);

| (d) | the GAP; |
| --- | --- |

(d)

the GAP;

| (e) | data on supervised trials; |
| --- | --- |

(e)

data on supervised trials;

| (f) | the acceptable daily intake and, if relevant, the acute reference dose used for the national risk assessment, as well as the outcome of the assessment. |
| --- | --- |

(f)

the acceptable daily intake and, if relevant, the acute reference dose used for the national risk assessment, as well as the outcome of the assessment.

Article 27

Opinion of the Authority on data underlying national MRLs

1.   The Authority shall compile lists of the national MRLs notified in accordance with Article 26 and use them as a basis to provide a reasoned opinion to the Commission on:

| (a) | a list of temporary MRLs that may be included in Annex III; |
| --- | --- |

(a)

a list of temporary MRLs that may be included in Annex III;

| (b) | a list of active substances that may be included in Annex IV. |
| --- | --- |

(b)

a list of active substances that may be included in Annex IV.

2.   In preparing the opinion referred to in paragraph 1, the Authority shall take into account:

| (a) | the following MRLs:






  (i) | MRLs set out in Annex II to Directive 76/895/EEC; |
| --- | --- | --- |

(a)

the following MRLs:

(i)

MRLs set out in Annex II to Directive 76/895/EEC;

| (ii) | national MRLs set by Member States by 30 June 2004 at the latest, as referred to in Article 26; |
| --- | --- |

(ii)

national MRLs set by Member States by 30 June 2004 at the latest, as referred to in Article 26;

| (iii) | MRLs adopted by the Codex Alimentarius Commission; |
| --- | --- |

(iii)

MRLs adopted by the Codex Alimentarius Commission;

| (b) | MRLs listed in Annexes I, II and III of Regulation (EEC) No 2377/90; |
| --- | --- |

(b)

MRLs listed in Annexes I, II and III of Regulation (EEC) No 2377/90;

| (c) | the scientific and technical knowledge available, and in particular data submitted by the Member States on:






  (i) | the toxicological assessment, including potential excess of the acceptable daily intake and, if applicable, of the acute reference dose; |
| --- | --- | --- |

(c)

the scientific and technical knowledge available, and in particular data submitted by the Member States on:

(i)

the toxicological assessment, including potential excess of the acceptable daily intake and, if applicable, of the acute reference dose;

| (ii) | the GAP; |
| --- | --- |

(ii)

the GAP;

| (iii) | the data on supervised trials used by Member States to establish the national MRL. |
| --- | --- |

(iii)

the data on supervised trials used by Member States to establish the national MRL.

Article 28

Setting of temporary MRLs

Taking into account the opinion of the Authority, and in accordance with the procedure referred to in Article 51(2), temporary MRLs for the active substances referred to in Article 26 may be included in Annex III, or, as appropriate the active substance may be included in Annex IV.
  Temporary MRLs shall be set at the lowest level that can be achieved in all Member States on the basis of good agricultural practice and respecting the principles of integrated pest management.

Article 29

Simplified procedure for setting temporary MRLs in certain circumstances

1.   Temporary MRLs may be included in Annex III in accordance with the procedure referred to in Article 51(2) in the following circumstances:

| (a) | in exceptional cases, in particular where pesticide residues may arise as a result of environmental or other contamination; |
| --- | --- |

(a)

in exceptional cases, in particular where pesticide residues may arise as a result of environmental or other contamination;

| (b) | where the products concerned constitute a very minor component of the diet of European consumers
  and where they do not constitute a major part of the diets of any subgroup |
| --- | --- |

(b)

where the products concerned constitute a very minor component of the diet of European consumers
  and where they do not constitute a major part of the diets of any subgroup

| (c) | where the products concerned constitute a minor component of international trade, or |
| --- | --- |

(c)

where the products concerned constitute a minor component of international trade, or

| (d) | where essential uses of plant protection products have been identified by a Decision not to include or to delete an active substance in Annex I to Directive 91/414/EEC. |
| --- | --- |

(d)

where essential uses of plant protection products have been identified by a Decision not to include or to delete an active substance in Annex I to Directive 91/414/EEC.

2.   The inclusion of temporary MRLs as referred to in paragraph 1, shall take into account the opinion of the Authority, monitoring data and an assessment demonstrating that there are no unacceptable risks to consumers or animals.

The continued validity of those temporary MRLs shall be re-assessed at least once every 10 years and any such MRLs shall be modified or deleted from Annex III as appropriate.

SECTION 4

HONEY

Article 30

Setting MRLs for pesticide residues in honey
  and other non-typical foodstuffs, e.g. herbal infusions

1.
     MRLs may be set for pesticide residues in honey, as defined in Annex I of Council Directive 2001/110/EC (17), and included in Annex III of this Regulation on the basis of monitoring data and taking into account a reasoned opinion of the Authority, in accordance with the procedure referred to in Article 51(2).

2.
     
  MRLs may be set for pesticide residues in herbal infusions as a composite product and included in Annex III of this Regulation on the basis of monitoring data, if appropriate, and taking into account a reasoned opinion of the Authority, in accordance with the procedure referred to in Article 51(2).

3.
     The continued validity of those MRLs
  set in accordance with paragraphs 1 and 2
  shall be re-assessed at least once every 10 years and any such MRLs shall be modified or deleted from Annex III, as appropriate.

SECTION 5

IMPORT TOLERANCES

Article 31

Setting import tolerances

Applications for import tolerances may be made by the Member States or the parties referred to in points (b) and (c) of Article 5 and shall be made in accordance with the provisions of Chapter II.

SECTION 6

INFORMATION TO BE SUBMITTED BY MEMBER STATES AND DATABASE

Article 32

Information to be submitted by the Member States

Member States shall submit to the Authority details of the GAPs and any dietary intake information necessary for the assessment of the safety of an MRL.

Article 33

Database of the Authority on MRLs

Without prejudice to the applicable provisions of Community and national law on access to documents, the Authority shall develop and maintain a database, accessible to the Commission and to the competent authorities of the Member States, containing the relevant scientific information and GAPs relating to the MRLs, the active substances and the processing factors set out in Annexes II, III, IV and V. In particular it shall contain dietary intake assessments, processing factors and toxicological endpoints.

CHAPTER V

OFFICIAL CONTROLS, MONITORING, FEES, REPORTS AND PENALTIES

SECTION 1

OFFICIAL CONTROLS AND MONITORING OF MRLs AND ACTIVE SUBSTANCES

Article 34

Official controls, monitoring and fees

1.   
  Without prejudice to Directive 96/23/EC

   (18)

  ,
  Member States shall carry out official controls on pesticide residues in order to enforce compliance with this Regulation, in accordance with the relevant provisions of
  Community law relating to the official controls for food and feed
  .

The official controls on pesticide residues shall consist of sampling at the point of supply and subsequent chemical analysis of the samples and identification of the pesticides in the samples. The point chosen should allow for potential enforcement action.

2.   Member States shall carry out monitoring on pesticide residues
  at all stages in the distribution chain, at customs, distribution centres and
  in particular, at the point of supply to the consumer. Such monitoring shall be in addition to any similar monitoring required under Directive 96/23/EC.

3.   Member States shall establish fees to cover the costs of the official controls referred to in paragraph 1 in accordance with the principles established under Regulation (EC) No 882/2004.

Article 35

Sampling

1.   Each Member State shall take samples in a sufficient number and across a range of products and geographical areas to assure that the results are representative of their market, reflecting as appropriate, the respective contributions of national, Community and third country produce to its market.

2.   The sampling methods necessary for carrying out such monitoring of products, other than those provided for in Directive 2002/63/EC (19), shall be determined in accordance with the procedure referred to in Article 51(2).

Article 36

Methods of Analysis

1.   Detailed rules on methods of analysis for pesticide residues including specific validation criteria and quality control procedures may be adopted and set out in Annex VII in accordance with the procedure referred to in Article 51(2).

2.   The methods of analysis of pesticide residues shall comply with the criteria set out in Annex II to Regulation (EC) No 882/2004. Authorisation of pesticides for which there is no appropriate detection procedure or which are not regularly monitored shall be discontinued.

3.   All laboratories analysing samples for the official
  controls on
  pesticide residues shall participate in the Community Proficiency Test
  for pesticide residues as referred to in Article 45(b) and organised by the Commission
  .

SECTION 2

NATIONAL CONTROL AND MONITORING PROGRAMMES

Article 37

The obligations of Member States relating to national control and monitoring programmes for pesticide residues

1.   Member States shall establish annually national control and monitoring programmes for pesticide residues for the following calendar year.

Those annual national control and monitoring programmes shall comply with Article 43 of Regulation (EC) No 882/2004 on multi-annual control plans for pesticide residues.

Those programmes shall specify at least the following:

| (a) | the products to be sampled; |
| --- | --- |

(a)

the products to be sampled;

| (b) | the number of samples to be taken and analyses to be carried out; |
| --- | --- |

(b)

the number of samples to be taken and analyses to be carried out;

| (c) | the pesticide residues to be analysed; |
| --- | --- |

(c)

the pesticide residues to be analysed;

| (d) | the criteria applied in drawing up such programmes, including:






  (i) | the pesticide-product combinations to be selected; |
| --- | --- | --- |

(d)

the criteria applied in drawing up such programmes, including:

(i)

the pesticide-product combinations to be selected;

| (ii) | the number of samples to be taken in relation to the domestic production; |
| --- | --- |

(ii)

the number of samples to be taken in relation to the domestic production;

| (iii) | consumption of the products; |
| --- | --- |

(iii)

consumption of the products;

| (iv) | the Community Control Programme; and |
| --- | --- |

(iv)

the Community Control Programme; and

| (v) | the results of previous control programmes. |
| --- | --- |

(v)

the results of previous control programmes.

2.   Member States shall submit their annual national control and monitoring programmes for pesticide residues, to the Commission and to the Authority by 31 December each year.

3.   Member States shall participate in the Community Monitoring Programme as provided for in Article 38.

4.
     
  Member States shall, on a quarterly basis, publish all results of national residue monitoring on the Internet, providing all individual data. Where MRLs are exceeded, Member States may name the retailers, traders or producers concerned.

SECTION 3

COMMUNITY MONITORING PROGRAMME

Article 38

Community Monitoring Programme

1.   The Commission and the Authority shall prepare a co-ordinated Community monitoring programme, identifying specific samples to be included in the national control and monitoring programmes, and taking into account problems that have been identified regarding compliance with the MRLs set out in this Regulation.

2.   The Authority shall submit to the Commission by 1 May each year, an opinion concerning the coordinated Community monitoring programme for the following calendar year, including its opinion on the specific samples which shall be included in the national control and monitoring programmes.

3.   The Community monitoring programme shall be adopted in accordance with the procedure referred to in Article 51(2), and shall be presented to the Committee referred to in Article 51(1), by 1 July each year for the following calendar year.

SECTION 4

INFORMATION BY THE MEMBER STATES AND COMMUNITY ANNUAL REPORT

Article 39

Information by the Member States

In addition to the information to be submitted by the Member States to the Authority and the Commission in the annual reports provided for in Article 44 of Regulation (EC) No 882/2004, Member States shall submit the following information to the Commission, the Authority and the other Member States by 31 December each year:

| (a) | the results of the official controls and monitoring as provided for in Article 34(1) and (2); |
| --- | --- |

(a)

the results of the official controls and monitoring as provided for in Article 34(1) and (2);

| (b) | the results of the analyses of the samples taken during the current year for pesticide residues in products of plant origin under their national control and monitoring programmes as referred to in Article 37 and under the Community monitoring programme as referred to in Article 38; |
| --- | --- |

(b)

the results of the analyses of the samples taken during the current year for pesticide residues in products of plant origin under their national control and monitoring programmes as referred to in Article 37 and under the Community monitoring programme as referred to in Article 38;

| (c) | the
  LOQs
  applied in the national control and monitoring programme as referred to in Article 37 and under the Community monitoring programme as referred to in Article 38; |
| --- | --- |

(c)

the
  LOQs
  applied in the national control and monitoring programme as referred to in Article 37 and under the Community monitoring programme as referred to in Article 38;

| (d) | details of the participation of the analytical laboratories in the Community proficiency tests and other proficiency tests relevant to the pesticide-product combinations sampled in the national control and monitoring programme; |
| --- | --- |

(d)

details of the participation of the analytical laboratories in the Community proficiency tests and other proficiency tests relevant to the pesticide-product combinations sampled in the national control and monitoring programme;

| (e) | details of the accreditation of the analytical laboratories as provided for in Regulation (EC) No 882/2004. |
| --- | --- |

(e)

details of the accreditation of the analytical laboratories as provided for in Regulation (EC) No 882/2004.

Article 40

Format for the submission of information to the Authority

1.   The Authority may designate a format for the submission of information to be submitted by the Member States as provided for in Article 39.

2.   The Authority shall collate and combine the information referred to in Article 39.

Article 41

The Community Annual Report

1.   The Authority shall complete a Community Annual Report.

2.   The Authority shall include information on the following in the Community Annual Report:

| (a) | an analysis of any possible significance of discrepancies in the results of the monitoring provided for in Article 34(2); |
| --- | --- |

(a)

an analysis of any possible significance of discrepancies in the results of the monitoring provided for in Article 34(2);

| (b) | a report to the Commission on the MRLs that were exceeded, together with any appropriate observations regarding the need to modify such MRLs, in relation to the underlying GAPs; |
| --- | --- |

(b)

a report to the Commission on the MRLs that were exceeded, together with any appropriate observations regarding the need to modify such MRLs, in relation to the underlying GAPs;

| (c) | a report on any acute or chronic risks to the health of consumers; |
| --- | --- |

(c)

a report on any acute or chronic risks to the health of consumers;

| (d) | an assessment of consumer exposure to pesticide residues based on the information provided under point (a) and any other relevant available information, including reports submitted under Directive 96/23/EEC. |
| --- | --- |

(d)

an assessment of consumer exposure to pesticide residues based on the information provided under point (a) and any other relevant available information, including reports submitted under Directive 96/23/EEC.

3.   Where a Member State has not provided complete information by 31 December in accordance with Article 39, the Authority may disregard the information from that Member State when compiling the Community Annual Report.

4.   The Authority shall submit the Community Annual Report to the Commission by 30 April of the following year.

5.   The Commission may designate a format for the submission of the Community Annual Report by the Authority.

6.   The Authority shall publish the Community Annual Report.

Article 42

Submission of the Community Annual Report to the Committee

The Commission shall submit the Community Annual Report to the Committee referred to in Article 51(1) before 31 January each year, for review and recommendations on any necessary measures to be taken regarding reported possible infringements of the MRLs set out in Annexes II and III.

SECTION 5

PENALTIES

Article 43

Penalties

The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions and any subsequent amendment to the Commission without delay.

CHAPTER VI

EMERGENCY MEASURES

Article 44

Emergency measures and opinion by the Authority

1.   Articles 53 and 54 of Regulation (EC) 178/2002 shall apply where as a result of new information or of a reassessment of existing information, pesticide residues or MRLs covered by this Regulation may endanger human or animal health requiring immediate action.

2.   The Commission shall notify without delay the Authority of any emergency measures taken.

3.   The Authority shall complete a full assessment of the risks and shall provide its opinion to the Commission on those risks within 15 days of the date of notification by the Commission
  , except in the case of fresh produce, where the Authority shall provide its opinion to the Commission within 7 days
  .

CHAPTER VII

COMMUNITY HARMONISED SYSTEM ON MRLs

Article 45

Harmonised system on MRLs for pesticide residues

A harmonised system for MRLs in the field of pesticide residues shall be established at Community level, including:

| (a) | a database for Community legislation on MRLs of pesticide residues and for making such information publicly available; |
| --- | --- |

(a)

a database for Community legislation on MRLs of pesticide residues and for making such information publicly available;

| (b) | Community proficiency tests as referred to in Articles 36(3) and 39(d); |
| --- | --- |

(b)

Community proficiency tests as referred to in Articles 36(3) and 39(d);

| (c) | studies necessary for the preparation of legislation on pesticide residues; |
| --- | --- |

(c)

studies necessary for the preparation of legislation on pesticide residues;

| (d) | studies necessary for the estimation of the exposure of consumers and animals to pesticides residues. |
| --- | --- |

(d)

studies necessary for the estimation of the exposure of consumers and animals to pesticides residues.

Article 46

Community contribution to the harmonised system on MRLs for pesticide residues

The Community may make a financial contribution up to 100% of the cost of the harmonised system as provided for in Article 45.

The appropriations for that system shall be decided each year as part of the budgetary procedure.

CHAPTER VIII

CO-ORDINATION OF APPLICATIONS FOR MRLs

Article 47

Designation of national authorities

Each Member State shall designate an authority to co-ordinate co-operation with the Commission, the Authority, other Member States, manufacturers, producers, and growers for the purposes of this Regulation.

Each Member State shall inform the Commission and the Authority of the name and address of the designated authority.

Article 48

Co-ordination by the Authority of applications for MRLs

The Authority shall:

| (a) | co-ordinate with the rapporteur Member State designated in accordance with Directive 91/414/EEC for an active substance; |
| --- | --- |

(a)

co-ordinate with the rapporteur Member State designated in accordance with Directive 91/414/EEC for an active substance;

| (b) | co-ordinate with applicants referred to in Article 5 and the Member States and the Commission regarding applications on MRLs and import tolerances covered by this Regulation; |
| --- | --- |

(b)

co-ordinate with applicants referred to in Article 5 and the Member States and the Commission regarding applications on MRLs and import tolerances covered by this Regulation;

| (c) | ensure all necessary contacts with interested parties as referred to in Article 5(b); |
| --- | --- |

(c)

ensure all necessary contacts with interested parties as referred to in Article 5(b);

| (d) | complete the scientific evaluations of dossiers and applications for the inclusion of MRLs in the lists in Annexes II and III. |
| --- | --- |

(d)

complete the scientific evaluations of dossiers and applications for the inclusion of MRLs in the lists in Annexes II and III.

Article 49

Rapporteur Member State and fees for applications for MRLs

1.   Member States may
  recover the costs of work associated with setting, modifying or deleting MRLs or import tolerances, or with any other work arising from obligations under this Regulation, by means of a fee or charge.

2.   The rapporteur Member States shall ensure that the fee referred to in paragraph 1:

| (a) | is established in a transparent manner; |
| --- | --- |

(a)

is established in a transparent manner;

| (b) | corresponds to the real cost of the examination and administrative treatment of the applications; |
| --- | --- |

(b)

corresponds to the real cost of the examination and administrative treatment of the applications;

| (c) | is received by the designated authority in the Rapporteur Member State as provided for in Article 47; |
| --- | --- |

(c)

is received by the designated authority in the Rapporteur Member State as provided for in Article 47;

| (d) | is used to finance exclusively the costs actually incurred for the evaluation and administrative treatment of the
  application
  . |
| --- | --- |

(d)

is used to finance exclusively the costs actually incurred for the evaluation and administrative treatment of the
  application
  .

3.
     
  Member States may wish to impose a general charge upon the pesticides industry. In this case the charge should be established in a transparent manner, with documentation detailing the costs schedule provided by the relevant agency within the Member State.

CHAPTER IX

IMPLEMENTATION

Article 50

Scientific opinion of the Authority

The Commission may consult the Authority for a scientific opinion on any measure related to the assessment of risks in the framework of the implementation of this Regulation. The Commission may specify the time limit within which such an opinion shall be provided.

Article 51

Committee Procedure

1.   The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health, instituted by Article 58 of Regulation (EC) No 178/2002 (hereinafter referred to as ‘the Committee’.)

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

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

Article 52

Implementing measures

In accordance with the procedure referred to in Article 51(2) the following shall be established or may be amended:

| (a) | implementing measures to ensure the uniform application of this Regulation; |
| --- | --- |

(a)

implementing measures to ensure the uniform application of this Regulation;

| (b) | the dates in Article 26(1)(b), Article 27(2)(a)(ii), Article 37(2), Article 38(2) and (3), Article 39, Article 41(3) and Article 42; |
| --- | --- |

(b)

the dates in Article 26(1)(b), Article 27(2)(a)(ii), Article 37(2), Article 38(2) and (3), Article 39, Article 41(3) and Article 42;

| (c) | Annexes I to VII, as a result of developments in scientific or technical knowledge; |
| --- | --- |

(c)

Annexes I to VII, as a result of developments in scientific or technical knowledge;

| (d) | technical guidance documents to assist in the application of this Regulation; |
| --- | --- |

(d)

technical guidance documents to assist in the application of this Regulation;

| (e) | methods for analysis and assessment; |
| --- | --- |

(e)

methods for analysis and assessment;

| (f) | quality control procedures; |
| --- | --- |

(f)

quality control procedures;

| (g) | detailed rules concerning the scientific data required for the setting of MRLs; the opinion of the Authority shall be taken into account when adopting such rules. |
| --- | --- |

(g)

detailed rules concerning the scientific data required for the setting of MRLs; the opinion of the Authority shall be taken into account when adopting such rules.

Article 53

Report on implementation of this Regulation

Not later than 10 years after the entry into force of this Regulation, the Commission shall forward to the European Parliament and to the Council a report on its implementation and any appropriate proposals.

CHAPTERr X

FINAL PROVISIONS

Article 54

Repeal

Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC are repealed with effect from 1 January 2005.

References to the repealed Directives shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex VIII.

Article 55

Transitional Measures

Where it is necessary in order to allow for the normal marketing, processing and consumption of the harvested products, taking their normal shelf life into account, in order to safeguard legitimate expectations, transitional measures may be laid down for the implementation of certain MRLs provided for in Articles 20, 21, 25, 28, 29, 30 and 31.

Those measures which shall be without prejudice to the obligation to ensure a high level of consumer protection shall be adopted in accordance with the procedure referred to in Article 51(2).

Article 56

Entry into force

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

Chapters II, III, V and VI shall apply as from six months from the date of establishment of Annexes I, II, III and V.

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

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C ...

1

(2)  OJ C 234, 30.9.2003, p. 33
  .

2

234, 30.9.2003, p. 33

(3)  OJ C ...

3

(4)  Position of the European Parliament of 20 April 2004.

4

Position of the European Parliament of 20 April 2004.

(5)  OJ L 340, 9.12.1976, p. 26. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

5

by Regulation

(6)  OJ L 221, 7.8.1986, p. 37. Directive as last amended by Commission Directive 2004/2/EC (OJ L 14, 21.1.2004, p. 10).

6

(7)  OJ L 221, 7.8.1986, p. 43. Directive as last amended by Commission Directive 2004/2/EC.

7

(8)  OJ L 350, 14.12.1990, p. 71. Directive as last amended by Commission Directive 2004/2/EC.

8

(9)  OJ L 165, 30.4.2004, p. 1.

9

(10)  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2004/30/EC (OJ L 77, 13.3.2004, p. 50).

10

(11)  OJ L 33, 8.2.1979, p. 36. Directive as last amended by Regulation (EC) No 807/2003.

11

Regulation (EC) No 807/2003

(12)  OJ L 31, 1.2.2002, p. 1. Regulation as amended by Regulation (EC) No 1642/2003 (OJ L 245, 29.9.2003, p. 4.

12

Regulation as amended by Regulation (EC) No 1642/2003 (OJ L 245, 29.9.2003, p. 4.

(13)  OJ L 140, 30.5.2002, p. 10. Directive as last amended by Commission Directive 2003/100/EC (OJ L 285, 1.10.2003, p. 33).

13

Directive as last amended by Commission Directive 2003/100/EC (OJ L 285, 1.10.2003, p. 33)

(14)  OJ L 165, 30.4.2004, p. 1
  .

14

165, 30.4.2004, p. 1

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

15

(16)  Council Regulation (EEC) No 2377/90 of 26 June 1990 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin (OJ L 224, 18.8.1990, p. 1). Regulation as last amended by Commission Regulation (EC) No 546/2004 (OJ L 87, 25.3.2004, p. 13).

16

(17)  Council Directive 2001/110/EC of 20 December 2001 relating to honey (OJ L 10, 12.1.2002, p. 47).

17

Council Directive 2001/110/EC of 20 December 2001 relating to honey

(18)  Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC (OJ L 125, 23.5.1996, p. 10). Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

18

Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC

Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1)

(19)  Commission Directive 2002/63/EC of 11 July 2002 establishing Community methods of sampling for the official control of pesticide residues in and on products of plant and animal origin and repealing Directive 79/700/EEC (OJ L 187, 16.7.2002, p. 30).

19

Commission Directive 2002/63/EC of 11 July 2002 establishing Community methods of sampling for the official control of pesticide residues in and on products of plant and animal origin and repealing Directive 79/700/EEC

ANNEXES

(I-VII to be established by comitology procedure)

| ANNEX I: | Groups of commodities of plant and animal origin with examples of products in those groups and the parts of those products to which MRLs apply — including animal feedstuffs as referred to in Article 2. This annex comprises the existing commodities listed in the annexes to the original four directives but also includes
  the
  new
  commodities of honey and herbal infusions. |
| --- | --- |
| ANNEX II: | MRLs for products of plant and animal origin, (in the first instance transferred) from the Annexes of 86/362/EEC, 86/363/EEC and 90/642/EEC as referred to in Article 20 |
| ANNEX III: | Temporary MRLs for active substances for which a decision on inclusion in or exclusion from Annex I to Directive 91/414/EEC has not yet been taken, including remaining MRLs in the Annex to Directive 76/895/EEC as well as hitherto unharmonised national MRLs, as referred to in Article 26 and MRLs set according to the simplified procedure referred to in Article 29. |
| ANNEX V: | List of active substances of plant protection products, evaluated under Directive 91/414/EEC and for which it is agreed by the Standing Committee that MRLs are not required (as referred to in Article 22). |
| ANNEX V: | Specific concentration and dilution factors fixed after an evaluation as part of the 91/414/EEC dossier or developed after a 91/414/EEC decision has been adopted by the Commission (as referred to in Article 15). |
| ANNEX VI: | Guidelines for the generation of data concerning residues as provided in Annex II part A, section 6 and Annex III, part A, section 8 of Directive 91/414/EEC concerning the placing of plant protection products on the market |
| ANNEX VII: | Analytical methods, quality control procedures (as referred to in Article 37). |
| ANNEX VIII: | Correlation Table |

ANNEX I:

Groups of commodities of plant and animal origin with examples of products in those groups and the parts of those products to which MRLs apply — including animal feedstuffs as referred to in Article 2. This annex comprises the existing commodities listed in the annexes to the original four directives but also includes
  the
  new
  commodities of honey and herbal infusions.

ANNEX II:

MRLs for products of plant and animal origin, (in the first instance transferred) from the Annexes of 86/362/EEC, 86/363/EEC and 90/642/EEC as referred to in Article 20

ANNEX III:

Temporary MRLs for active substances for which a decision on inclusion in or exclusion from Annex I to Directive 91/414/EEC has not yet been taken, including remaining MRLs in the Annex to Directive 76/895/EEC as well as hitherto unharmonised national MRLs, as referred to in Article 26 and MRLs set according to the simplified procedure referred to in Article 29.

ANNEX V:

List of active substances of plant protection products, evaluated under Directive 91/414/EEC and for which it is agreed by the Standing Committee that MRLs are not required (as referred to in Article 22).

ANNEX V:

Specific concentration and dilution factors fixed after an evaluation as part of the 91/414/EEC dossier or developed after a 91/414/EEC decision has been adopted by the Commission (as referred to in Article 15).

ANNEX VI:

Guidelines for the generation of data concerning residues as provided in Annex II part A, section 6 and Annex III, part A, section 8 of Directive 91/414/EEC concerning the placing of plant protection products on the market

ANNEX VII:

Analytical methods, quality control procedures (as referred to in Article 37).

ANNEX VIII:

Correlation Table

| This Regulation | Directive 76/895/EEC | Directive 86/362/EEC | Directive 86/363/EEC | Directive 90/642/EEC |
| --- | --- | --- | --- | --- |
| Article 2 | Article 1(2) | Article 1(1) | Article 1(1) | Article 1(1) |
| Article 3(2) | Article 9(2) | Article 1(4) | Article 1(4) | Article 1(4) |
| Article 3(3) | Article 9(1) | Article 1(3) | Article 1(3) | Article 1(3) |
| Article 4 | Article 2 | Article 2 | Article 2 | Article 2 |
| Article 5 | | | | |
| Article 6 | | | | |
| Article 7 | | | | |
| Article 8 | | | | |
| Article 9 | | | | |
| Article 10 | | | | |
| Article 11 | | | | |
| Article 12 | | | | |
| Article 13 | | | | |
| Article 14(1) | | Article 4(1) | Article 4(1) | Article 3(1) |
| Article 14(2)(a) | Article 3(1) | Article 3(2) | Article 3(2) | Article 5 |
| Article 14(2)(b) | | Article 3(1) | Article 3(1) | Article 3(1) |
| Article 15 | | | | |
| Article 16 | | Article 4(2) | Article 4 (2) | Article 3(2) |
| Article 17 | | Article 4(3) | Article 4(3) | Article 3(3) |
| Article 18 | | | | |
| Article 19 | | | | |
| Article 20 | | | | |
| Article 21 | | | | |
| Article 22 | | | | |
| Article 23 | | | | |
| Article 24 | | | | |
| Article 26(2) | Article 5 | Article 10 | Article 10 | Article 7 |
| Article 27 | | | | |
| Article 28 | | | | |
| Article 29 | | | | |
| Article 30 | | | | |
| Article 31 | | | | |
| Article 32 | | | | |
| Article 33 | | | | |
| Article 34(1) | Article 6(1) | Article 4(4) | Article 4(4) | Article 3(4) |
| Article 35(2) | Article 6(2) | Article 8(1) | Article 8(1) | Article 6(1) |
| Article 36(1) | | | | Article 6(1) |
| Article 36(2) | Article 6(2) | Article 8(1) | Article 8(1) | Article 6(2) |
| Article 37(1) | | Article 7(1) | | Article 4(1) |
| Article 37(2) | | Article 7(2a) | | Article 4(2a) |
| Article 38(1) | | Article 7(2b) | | Article 4(2b) |
| Article 39 | | Article 7(3) | Article 7(1) | Article 4(3) |
| Article 40 | | Article 7(3) | Article 7(2) | Article 4(3) |
| Article 41(2)(b) | | Article 7(3) | | Article 4(3) |
| Article 41(6) | | Article 7(3) | | Article 4(3) |
| Article 42 | | Article 7(5) | | Article 4(5) |
| Article 43 | | Article 7(3) | | Article 4(3) |
| Article 44(1) | Article 3(2)
  Article 4(1) | Article 9(1) | Article 9(1) | Article 8 |
| Article 45 | | | | |
| Article 46 | | | | |
| Article 47 | | | | |
| Article 48 | | | | Article 7 |
| Article 49 | | | | |
| Article 50 | | | | |
| Article 51 | Article 7
  Article 8 | Article 9(2)(3)
  Article 11
  Article 12
  Article 13 | Article 9(2)
  Article 11
  Article 12
  Article 13 | Article 8(2)(3)
  Article 9
  Article 10 |
| Article 52 | | | | |
| Article 53 | | | | |
| Article 54 | | | | |
| Article 55 | | | | |

This Regulation

Directive 76/895/EEC

Directive 86/362/EEC

Directive 86/363/EEC

Directive 90/642/EEC

Article 2

Article 1(2)

Article 1(1)

Article 1(1)

Article 1(1)

Article 3(2)

Article 9(2)

Article 1(4)

Article 1(4)

Article 1(4)

Article 3(3)

Article 9(1)

Article 1(3)

Article 1(3)

Article 1(3)

Article 4

Article 2

Article 2

Article 2

Article 2

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14(1)

Article 4(1)

Article 4(1)

Article 3(1)

Article 14(2)(a)

Article 3(1)

Article 3(2)

Article 3(2)

Article 5

Article 14(2)(b)

Article 3(1)

Article 3(1)

Article 3(1)

Article 15

Article 16

Article 4(2)

Article 4 (2)

Article 3(2)

Article 17

Article 4(3)

Article 4(3)

Article 3(3)

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23

Article 24

Article 26(2)

Article 5

Article 10

Article 10

Article 7

Article 27

Article 28

Article 29

Article 30

Article 31

Article 32

Article 33

Article 34(1)

Article 6(1)

Article 4(4)

Article 4(4)

Article 3(4)

Article 35(2)

Article 6(2)

Article 8(1)

Article 8(1)

Article 6(1)

Article 36(1)

Article 6(1)

Article 36(2)

Article 6(2)

Article 8(1)

Article 8(1)

Article 6(2)

Article 37(1)

Article 7(1)

Article 4(1)

Article 37(2)

Article 7(2a)

Article 4(2a)

Article 38(1)

Article 7(2b)

Article 4(2b)

Article 39

Article 7(3)

Article 7(1)

Article 4(3)

Article 40

Article 7(3)

Article 7(2)

Article 4(3)

Article 41(2)(b)

Article 7(3)

Article 4(3)

Article 41(6)

Article 7(3)

Article 4(3)

Article 42

Article 7(5)

Article 4(5)

Article 43

Article 7(3)

Article 4(3)

Article 44(1)

Article 3(2)

Article 4(1)

Article 9(1)

Article 9(1)

Article 8

Article 45

Article 46

Article 47

Article 48

Article 7

Article 49

Article 50

Article 51

Article 7

Article 8

Article 9(2)(3)

Article 11

Article 12

Article 13

Article 9(2)

Article 11

Article 12

Article 13

Article 8(2)(3)

Article 9

Article 10

Article 52

Article 53

Article 54

Article 55

P5_TA(2004)0300

Security of natural gas supply ***I

European Parliament legislative resolution on amendment of the legal basis and on the ‘general orientation’ of the Council with a view to adoption of a directive of the European Parliament and of the Council concerning measures to safeguard security of natural gas supply (15769/2003 — C5-0027/2004 — 2002/0220(COD))

(Codecision procedure: first reading — renewed consultation)

The European Parliament,

| — | having regard to the proposal to amend the legal basis and to the ‘general orientation’ agreed by the Council on 8 December 2003 (15769/2003 — C5-0027/2004) (1), |
| --- | --- |

—

having regard to the proposal to amend the legal basis and to the ‘general orientation’ agreed by the Council on 8 December 2003 (15769/2003 — C5-0027/2004) (1),

| — | having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2002) 488) (3), |
| --- | --- |

—

having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2002) 488) (3),

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

—

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

| — | having regard to the opinion of the Committee on Legal Affairs and the Internal Market on the legal basis, |
| --- | --- |

—

having regard to the opinion of the Committee on Legal Affairs and the Internal Market on the legal basis,

| — | having regard to Rules 67 and 71(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 67 and 71(2) of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, External Trade, Research and Energy (A5-0213/2004), |
| --- | --- |

—

having regard to the report of the Committee on Industry, External Trade, Research and Energy (A5-0213/2004),

| 1. | Welcomes the fact that, as regards the substance, the Council has abided by Parliament's proposals; |
| --- | --- |

1.

Welcomes the fact that, as regards the substance, the Council has abided by Parliament's proposals;

| 2. | Approves amendment of the legal basis; |
| --- | --- |

2.

Approves amendment of the legal basis;

| 3. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
| --- | --- |

3.

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

| 4. | Calls on the Council to refer to Parliament's recommendations in the preamble; |
| --- | --- |

4.

Calls on the Council to refer to Parliament's recommendations in the preamble;

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

5.

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

---

(1)  Not yet published in the OJ.

(2)  Texts Adopted, 23.9.2003, P5_TA(2003)0397.

(3)  OJ C 331 E, 31.12.2002, p. 262.

P5_TA(2004)0301

Access to gas transmission networks ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council regulation on conditions for access to the gas transmission networks (COM(2003) 741 — C5-0644/2003 — 2003/0302(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 741) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 741) (1),

| — | having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0644/2003), |
| --- | --- |

—

having regard to Articles 251(2) and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0644/2003),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, External Trade, Research and Energy (A5-0254/2004), |
| --- | --- |

—

having regard to the report of the Committee on Industry, External Trade, Research and Energy (A5-0254/2004),

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

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend 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 the OJ.

P5_TC1-COD(2003)0302

Position of the European Parliament adopted at first reading on 20 April 2004 with a view to the adoption of European Parliament and Council Regulation (EC) No .../2004 on conditions for access to the gas transmission networks

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

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

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

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

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

Whereas

| (1) | Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC (5) has made a significant contribution towards the creation of an internal market for gas. It is now necessary to provide structural changes in the regulatory framework to tackle remaining barriers to the completion of the internal market
  , in particular regarding the trade of gas across borders and between transmission systems
  . Additional technical rules are necessary, in particular regarding tariff principles, transparency, congestion management and balancing. |
| --- | --- |

(1)

Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC (5) has made a significant contribution towards the creation of an internal market for gas. It is now necessary to provide structural changes in the regulatory framework to tackle remaining barriers to the completion of the internal market
  , in particular regarding the trade of gas across borders and between transmission systems
  . Additional technical rules are necessary, in particular regarding tariff principles, transparency, congestion management and balancing.

| (2) | The creation of a real internal gas market should be promoted through an increase in the number of market participants that are able to transport gas across borders, leading to an intensification of competition throughout the European Community. |
| --- | --- |

(2)

The creation of a real internal gas market should be promoted through an increase in the number of market participants that are able to transport gas across borders, leading to an intensification of competition throughout the European Community.

| (3) | Experience gained in the implementation and monitoring of a first set of Guidelines for Good Practice, adopted by the European Gas Regulatory Forum in 2002 demonstrates that in order to ensure the full implementation of these rules in all Member States, and to provide a minimum guarantee for equal market access in practice, it is necessary to provide that they become legally enforceable. |
| --- | --- |

(3)

Experience gained in the implementation and monitoring of a first set of Guidelines for Good Practice, adopted by the European Gas Regulatory Forum in 2002 demonstrates that in order to ensure the full implementation of these rules in all Member States, and to provide a minimum guarantee for equal market access in practice, it is necessary to provide that they become legally enforceable.

| (4) | A second set of common rules, ‘the Second Guidelines for Good Practice’ has been adopted at the meeting of the Forum on 24-25 September 2003. This Regulation should, therefore lay down, on the basis of those Guidelines basic principles and rules regarding network access and third party access services, congestion management, transparency, balancing and the trading of capacity rights. |
| --- | --- |

(4)

A second set of common rules, ‘the Second Guidelines for Good Practice’ has been adopted at the meeting of the Forum on 24-25 September 2003. This Regulation should, therefore lay down, on the basis of those Guidelines basic principles and rules regarding network access and third party access services, congestion management, transparency, balancing and the trading of capacity rights.

| (5) | In preparing guidelines pursuant to Article 9, prior to their formal presentation by the Commission it is important to ensure full consultation and collaboration with all relevant industrial bodies. The European Gas Regulatory Forum and the European Regulators Group are appropriate to ensure such consultation. |
| --- | --- |

(5)

In preparing guidelines pursuant to Article 9, prior to their formal presentation by the Commission it is important to ensure full consultation and collaboration with all relevant industrial bodies. The European Gas Regulatory Forum and the European Regulators Group are appropriate to ensure such consultation.

| (6) | It is necessary to specify the criteria according to which charges for access to the network are determined, to ensure that they fully comply with the principle of non-discrimination and the needs of a well-functioning internal market and take fully into account the need for system integrity and reflect effectively incurred costs. |
| --- | --- |

(6)

It is necessary to specify the criteria according to which charges for access to the network are determined, to ensure that they fully comply with the principle of non-discrimination and the needs of a well-functioning internal market and take fully into account the need for system integrity and reflect effectively incurred costs.

| (7) | A common minimum set of third party access services — regarding notably for example the duration of transportation contracts offered and on a interruptible basis — is necessary to provide a common minimum standard of access in practice throughout the European Community and
  to ensure that third party access services are sufficiently compatible so as not to impede cross-border trade and
  to allow the benefits accruing from a well-functioning internal market for gas to be exploited. |
| --- | --- |

(7)

A common minimum set of third party access services — regarding notably for example the duration of transportation contracts offered and on a interruptible basis — is necessary to provide a common minimum standard of access in practice throughout the European Community and
  to ensure that third party access services are sufficiently compatible so as not to impede cross-border trade and
  to allow the benefits accruing from a well-functioning internal market for gas to be exploited.

| (8) | The management of contractual congestion of networks
  in particular at cross-border points and other interconnections between transmission networks
  is an important issue in completing the internal gas market. It is necessary to develop common rules that balance the need to free up unused capacity in accordance with the ‘use-it-or-lose-it’ principle with the rights of the holders of the capacity to use it when necessary, while at the same time enhancing liquidity of capacity. |
| --- | --- |

(8)

The management of contractual congestion of networks
  in particular at cross-border points and other interconnections between transmission networks
  is an important issue in completing the internal gas market. It is necessary to develop common rules that balance the need to free up unused capacity in accordance with the ‘use-it-or-lose-it’ principle with the rights of the holders of the capacity to use it when necessary, while at the same time enhancing liquidity of capacity.

| (9) | Although physical congestion of networks is rarely a problem at present in the Community, it may become one in the future. It is important therefore to provide the basic principle for the allocation of congested capacity in such circumstances. |
| --- | --- |

(9)

Although physical congestion of networks is rarely a problem at present in the Community, it may become one in the future. It is important therefore to provide the basic principle for the allocation of congested capacity in such circumstances.

| (10) | For network users to gain effective access to gas networks they need information in particular on technical requirements and available capacity to enable them exploiting business opportunities coming up in the framework of the internal market. Common minimum standards on such transparency requirements are necessary. |
| --- | --- |

(10)

For network users to gain effective access to gas networks they need information in particular on technical requirements and available capacity to enable them exploiting business opportunities coming up in the framework of the internal market. Common minimum standards on such transparency requirements are necessary.

| (11) | Non-discriminatory and transparent balancing systems for gas, operated by transmission system operators, are important mechanisms, particularly for new market entrants which may have more difficulty balancing their overall sales portfolio than companies already established within a relevant market. It is therefore necessary, to lay down rules ensuring that transmission system operators operate such mechanisms in a manner compatible with non-discriminatory, transparent and effective access conditions to the network. |
| --- | --- |

(11)

Non-discriminatory and transparent balancing systems for gas, operated by transmission system operators, are important mechanisms, particularly for new market entrants which may have more difficulty balancing their overall sales portfolio than companies already established within a relevant market. It is therefore necessary, to lay down rules ensuring that transmission system operators operate such mechanisms in a manner compatible with non-discriminatory, transparent and effective access conditions to the network.

| (12) | The trading of primary rights to capacity is an important part of developing a competitive market and creating liquidity. This Regulation should therefore lay down basic rules on that issue. |
| --- | --- |

(12)

The trading of primary rights to capacity is an important part of developing a competitive market and creating liquidity. This Regulation should therefore lay down basic rules on that issue.

| (13) | National regulatory authorities should ensure compliance with the rules contained in this Regulation and the guidelines adopted pursuant to it. |
| --- | --- |

(13)

National regulatory authorities should ensure compliance with the rules contained in this Regulation and the guidelines adopted pursuant to it.

| (14) | In the guidelines annexed to the Regulation, specific detailed rules implementing these principles are defined, on the basis of the second Guidelines for Good Practice. These rules will need to evolve over time, and be implemented by further rules on issues such as the alleviation of contractual congestion. Thus, the Regulation needs to provide for the adoption of such new rules in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers assigned to the Commission (6). |
| --- | --- |

(14)

In the guidelines annexed to the Regulation, specific detailed rules implementing these principles are defined, on the basis of the second Guidelines for Good Practice. These rules will need to evolve over time, and be implemented by further rules on issues such as the alleviation of contractual congestion. Thus, the Regulation needs to provide for the adoption of such new rules in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers assigned to the Commission (6).

| (15) | The Member States and the competent national authorities should be required to provide relevant information to the Commission. Such information should be treated confidentially by the Commission. Where necessary, the Commission should have an opportunity to request relevant information directly from undertakings concerned, provided that the competent national authorities are informed. |
| --- | --- |

(15)

The Member States and the competent national authorities should be required to provide relevant information to the Commission. Such information should be treated confidentially by the Commission. Where necessary, the Commission should have an opportunity to request relevant information directly from undertakings concerned, provided that the competent national authorities are informed.

| (16) | This Regulation and the guidelines adopted in accordance with this Regulation shall be without prejudice of the application of the Community competition rules. |
| --- | --- |

(16)

This Regulation and the guidelines adopted in accordance with this Regulation shall be without prejudice of the application of the Community competition rules.

| (17) | Since the objective of the proposed action, namely the setting of fair rules for access conditions to natural gas transmission systems, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve this objective, |
| --- | --- |

(17)

Since the objective of the proposed action, namely the setting of fair rules for access conditions to natural gas transmission systems, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve this objective,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter and scope

This Regulation aims at setting fair rules for access conditions to natural gas transmission systems
  to enable third party network users to move their gas from one transmission system to any other physically connected gas transmission system in the European Community, thus enhancing competition within the internal gas market
  . This shall involve principles for charges for access to the network, the definition of necessary services, harmonised principles for capacity allocation and congestion management, the determination of transparency requirements balancing and imbalance charges, and the need to facilitate secondary markets for capacity trading.
  This Regulation shall apply to transmission systems for which regulated third party access is required under Directive 2003/55/EC.

Article 2

Definitions

1.   For the purpose of this Regulation and of guidelines to be adopted pursuant to this Regulation, the following definitions shall apply:

| 1) | ‘transmission’ shall mean the transport of natural gas through a high pressure network or a regional pipeline network, which mainly contains high pressure pipelines, other than an upstream pipeline network with a view to its delivery to customers, but not including supply; |
| --- | --- |

1)

‘transmission’ shall mean the transport of natural gas through a high pressure network or a regional pipeline network, which mainly contains high pressure pipelines, other than an upstream pipeline network with a view to its delivery to customers, but not including supply;

| 2) | ‘transportation contract’ means a contract which the transmission system operator has concluded with a network user with a view to carrying out transmission; |
| --- | --- |

2)

‘transportation contract’ means a contract which the transmission system operator has concluded with a network user with a view to carrying out transmission;

| 3) | ‘capacity’ means the maximum flow, expressed in normal cubic meters per time unit or in energy unit per time unit, to which the network user is entitled in accordance with the provisions of the transportation contract; |
| --- | --- |

3)

‘capacity’ means the maximum flow, expressed in normal cubic meters per time unit or in energy unit per time unit, to which the network user is entitled in accordance with the provisions of the transportation contract;

| 4) | ‘congestion management’ means management of the capacity portfolio of the transmission system operator with a view to optimal and maximum use of the technical capacity and the timely detection of future congestion and saturation points; |
| --- | --- |

4)

‘congestion management’ means management of the capacity portfolio of the transmission system operator with a view to optimal and maximum use of the technical capacity and the timely detection of future congestion and saturation points;

| 5) | ‘secondary market’ means the market of the capacity traded otherwise than on the primary market; |
| --- | --- |

5)

‘secondary market’ means the market of the capacity traded otherwise than on the primary market;

| 6) | ‘nomination’ means the prior reporting by the network user to the transmission undertaking of the actual flow that he wishes to inject into or withdraw from the system; |
| --- | --- |

6)

‘nomination’ means the prior reporting by the network user to the transmission undertaking of the actual flow that he wishes to inject into or withdraw from the system;

| 7) | ‘re-nomination’ means the reporting of a corrected nomination; |
| --- | --- |

7)

‘re-nomination’ means the reporting of a corrected nomination;

| 8) | ‘residual balancing’ means the physical balancing to ensure system integrity during the balancing period; |
| --- | --- |

8)

‘residual balancing’ means the physical balancing to ensure system integrity during the balancing period;

| 9) | ‘system integrity’ means any situation in respect of a transmission network or a transmission facility in which the pressure and the quality of the natural gas remain within the minimum and maximum limits laid down by the transmission system operator, so that the transmission of natural gas is guaranteed from a technical standpoint; |
| --- | --- |

9)

‘system integrity’ means any situation in respect of a transmission network or a transmission facility in which the pressure and the quality of the natural gas remain within the minimum and maximum limits laid down by the transmission system operator, so that the transmission of natural gas is guaranteed from a technical standpoint;

| 10) | ‘balancing period’ means the period within which the off-take of an amount of natural gas, expressed in units of energy, must be offset by every network user by means of the injection of the same amount of natural gas into the transmission network in accordance with the transportation contract or the network code; |
| --- | --- |

10)

‘balancing period’ means the period within which the off-take of an amount of natural gas, expressed in units of energy, must be offset by every network user by means of the injection of the same amount of natural gas into the transmission network in accordance with the transportation contract or the network code;

| 11) | ‘network users’ means a customer
  or a potential customer
  of a transmission system operator
  and
  transmission system operators
  themselves in so far as
  it is necessary for
  them
  to carry out their functions in relation to transmission; |
| --- | --- |

11)

‘network users’ means a customer
  or a potential customer
  of a transmission system operator
  and
  transmission system operators
  themselves in so far as
  it is necessary for
  them
  to carry out their functions in relation to transmission;

| (12) | ‘interruptible services’ mean services offered by the transmission system operator, based on interruptible capacity; |
| --- | --- |

(12)

‘interruptible services’ mean services offered by the transmission system operator, based on interruptible capacity;

| 13) | ‘interruptible capacity’ means gas transmission capacity that can be interrupted by the transmission system operator according to the conditions stipulated in the transportation contract; |
| --- | --- |

13)

‘interruptible capacity’ means gas transmission capacity that can be interrupted by the transmission system operator according to the conditions stipulated in the transportation contract;

| 14) | ‘long-term services’ mean services offered by the transmission system operator with a duration of one year or more than one year; |
| --- | --- |

14)

‘long-term services’ mean services offered by the transmission system operator with a duration of one year or more than one year;

| 15) | ‘short-term services’ mean services offered by the transmission system operator with a duration of less than one year; |
| --- | --- |

15)

‘short-term services’ mean services offered by the transmission system operator with a duration of less than one year;

| 16) | ‘firm capacity’ means gas transmission capacity contractually guaranteed by the transmission system operator; |
| --- | --- |

16)

‘firm capacity’ means gas transmission capacity contractually guaranteed by the transmission system operator;

| 17) | ‘technical capacity’ means the maximum firm capacity that the transmission, system operator can offer to the network users, taking account of the system integrity and the operational requirements of the transmission network; |
| --- | --- |

17)

‘technical capacity’ means the maximum firm capacity that the transmission, system operator can offer to the network users, taking account of the system integrity and the operational requirements of the transmission network;

| 18) | ‘contracted capacity’ means capacity that the transmission system operator has allocated to a network user by means of a transportation contract; |
| --- | --- |

18)

‘contracted capacity’ means capacity that the transmission system operator has allocated to a network user by means of a transportation contract;

| 19) | ‘available capacity’ means the part of the technical capacity that is not allocated and is still available to the system at that moment; |
| --- | --- |

19)

‘available capacity’ means the part of the technical capacity that is not allocated and is still available to the system at that moment;

| 20) | ‘contractual congestion’ means a situation where the level of firm capacity demand exceeds the technical capacity, i.e. all technical capacity is contracted as firm; |
| --- | --- |

20)

‘contractual congestion’ means a situation where the level of firm capacity demand exceeds the technical capacity, i.e. all technical capacity is contracted as firm;

| 21) | ‘primary market’ means the market of the capacity
  sold
  directly by the transmission system operator
  or sold by the holder of monopoly long-term transmission capacity rights or services
  ; |
| --- | --- |

21)

‘primary market’ means the market of the capacity
  sold
  directly by the transmission system operator
  or sold by the holder of monopoly long-term transmission capacity rights or services
  ;

| 22) | ‘physical congestion’ means a situation where the level of demand for actual deliveries exceeds the technical capacity at some point in time; |
| --- | --- |

22)

‘physical congestion’ means a situation where the level of demand for actual deliveries exceeds the technical capacity at some point in time;

| 23) | ‘new market entrants’ means undertakings that are not yet active in gas supply in the Member State concerned and which qualify as small player, or have only entered the market within 2 years following the entry into force of this Regulation and which qualify as small player; |
| --- | --- |

23)

‘new market entrants’ means undertakings that are not yet active in gas supply in the Member State concerned and which qualify as small player, or have only entered the market within 2 years following the entry into force of this Regulation and which qualify as small player;

| 24) | ‘small player’ means a company with a market share of less than 3 % of the national gas market, on which it is active; |
| --- | --- |

24)

‘small player’ means a company with a market share of less than 3 % of the national gas market, on which it is active;

| 25) | ‘interconnection agreements’ means agreements between interconnected transmission system operators that are designed to ensure the interoperability of the interconnection point and may cover energy specification (including pressure, temperature and chemical gas specifications), changes in flow rates and the operation of the interconnection point; |
| --- | --- |

25)

‘interconnection agreements’ means agreements between interconnected transmission system operators that are designed to ensure the interoperability of the interconnection point and may cover energy specification (including pressure, temperature and chemical gas specifications), changes in flow rates and the operation of the interconnection point;

| 26) | ‘operational balancing agreements’ means agreements between interconnected transmission system operators that are designed to ensure the interoperability of the interconnection point and cover the operation of the transmission system operators' energy accounts at the interconnection point and are used to pool small operational imbalances ensuring that network users are allocated their full nomination, unless there is a significant net shortfall or excess; |
| --- | --- |

26)

‘operational balancing agreements’ means agreements between interconnected transmission system operators that are designed to ensure the interoperability of the interconnection point and cover the operation of the transmission system operators' energy accounts at the interconnection point and are used to pool small operational imbalances ensuring that network users are allocated their full nomination, unless there is a significant net shortfall or excess;

| 27) | ‘relevant points’ shall include at least all entry and most important exit points operated by a transmission system operator, all points connecting the transmission network with different network operators and LNG and storage facilities, all essential points within the network of the transmission system operator and all points connecting the network to infrastructure necessary for providing ancillary services as defined by Article 2, point 14 of Directive 2003/55/EC. |
| --- | --- |

27)

‘relevant points’ shall include at least all entry and most important exit points operated by a transmission system operator, all points connecting the transmission network with different network operators and LNG and storage facilities, all essential points within the network of the transmission system operator and all points connecting the network to infrastructure necessary for providing ancillary services as defined by Article 2, point 14 of Directive 2003/55/EC.

2.   The definitions contained in Article 2 of Directive 2003/55/EC shall also apply.

Article 3

Charges for access to networks

1.   Charges
  or the methodologies used to calculate the charges
  applied by transmission system operators for access to networks shall be transparent, take into account the need for system integrity and reflect
  efficiently
  incurred costs, including appropriate return on investments, and where appropriate
  , national and
  international benchmarking of tariffs
  . The charges or the methodologies used to calculate the charges shall be
  applied in a non-discriminatory manner.

The charges shall facilitate efficient gas trade and competition, while at the same time avoiding crosssubsidies between network users
  and providing incentives for investment and maintaining or creating interoperability for transmission networks
  .

2.   Charges for network access shall not restrict market liquidity or distort trade across borders of different transmission systems.
  In the event of differences in tariff structures or balancing mechanisms hampering cross-border trade, TSOs shall actively pursue convergence of tariff structures and charging principles including in relation to balancing.

Article 4

Third Party Access services

1.
     
  Transmission system operators shall seek to avoid any barriers to gas trade arising from the design or implementation of third party access services. Any existing barriers should be removed.

2.   Transmission system operators shall offer third party access services on the same contractual basis to all network users, either using standard transportation contracts or a common network code.

3.   Transmission system operators shall provide both firm and interruptible third party access services. The price of interruptible capacity shall reflect the probability of
  interruption
  .

4.   Transmission system operators shall offer to network users both long and short-term services.

5.   Transportation contracts signed outside of a natural gas year with non-standard start dates or with a shorter duration than a standard transportation contract on an annual basis shall not result in arbitrarily higher tariffs.

6.
     
  Transmission system operators shall ensure interoperability between different systems inter alia by entering into both standardised interconnection agreements and standardised operational balancing agreements at any interface.

7.
     
  For the purposes of the sale or allocation of services to third parties, any company holding monopoly long-term capacity rights shall have the same obligations as the transmission system operator of the pipeline for which those rights are held.

8.
     
  Where appropriate, third party access services may be granted subject to appropriate guarantees from network users with respect to the creditworthiness of such users. Such guarantees must not constitute any undue market entry barriers and must be non-discriminatory, transparent and proportionate.

Article 5

Principles of Capacity allocation mechanisms and congestion management procedures

1.
     
  The maximum capacity at all relevant points referred to in Article 6(4) shall be made available to market participants, taking into account system integrity and efficient network operation.

2.   Transmission system operators shall implement and publish non-discriminatory and transparent capacity allocation mechanisms
  , which should:

| (a) | provide appropriate economic signals for efficient and maximum use of technical capacity and facilitate investment in new infrastructure; |
| --- | --- |

(a)

provide appropriate economic signals for efficient and maximum use of technical capacity and facilitate investment in new infrastructure;

| (b) | be compatible with the market mechanisms including spot markets and trading hubs while being flexible and capable of adapting to evolving market circumstances; |
| --- | --- |

(b)

be compatible with the market mechanisms including spot markets and trading hubs while being flexible and capable of adapting to evolving market circumstances;

| (c) | be compatible with the network access systems of the Member States. |
| --- | --- |

(c)

be compatible with the network access systems of the Member States.

3.   When transmission system operators conclude new transportation contracts, these contracts shall take into account the following principles, which shall apply in cases of contractual congestion:

| (a) | the transmission system operator shall offer unused capacity on the primary market
  at least on a dayahead and interruptible basis
  ; |
| --- | --- |

(a)

the transmission system operator shall offer unused capacity on the primary market
  at least on a dayahead and interruptible basis
  ;

| (b) | network users who wish to re-sell their unused contracted capacity on the secondary market shall be entitled to do so. |
| --- | --- |

(b)

network users who wish to re-sell their unused contracted capacity on the secondary market shall be entitled to do so.

4.   When capacity contracted under existing transportation contracts remains unused
  ,
  and
  in the event of prolonged and significant
  contractual congestion, transmission system operators shall, in consultation with the competent authorities, endeavour to free up this capacity, in order for the principles laid down in paragraph 3(a) and (b) to be applied.

5.   In the event that physical congestion exists, non-discriminatory, market-based solutions shall be applied.

Article 6

Transparency requirements

1.   Transmission system operators shall publish detailed information regarding the services they offer and the relevant conditions applied, together with the technical information necessary for network users to gain effective network access.

2.
     
  In order to ensure transparent, objective and non-discriminatory tariffs and facilitate efficient utilisation of the gas network, TSOs or relevant national authorities should publish reasonably and sufficiently detailed information on tariff derivation, methodology and structure.

3.   For the services provided, transmission system operators shall publish
  , on a regular and rolling basis and in a user-friendly manner,
  information on technical, contracted and available capacities on a numerical basis for all relevant points
  or pipelines. These relevant points and pipelines shall include all connections with other transmission systems.

4.   
  Other
  relevant points of a transmission system
  for which information
  must be published shall be
  determined
  by national regulatory authorities
  after consultation with network users
  .

5.   Where a transmission system operator considers that he is not entitled for confidentiality reasons to publish all the data required, he shall seek the agreement of the national regulatory authority to limit publication for the point or points in question.

The national regulatory authority shall grant or refuse the agreement, taking into account the need to respect legitimate commercial confidentiality and the objective of creating a competitive internal gas market. If agreement is granted, available capacity shall be published without indicating the numerical data that would contravene confidentiality.

No exemption from the obligation to publish shall be possible where three or more network users have contracted capacity at the same point.

6.
     
  Transmission system operators shall always disclose the information required by this Regulation in a meaningful, quantifiably clear and easily accessible way and on a non-discriminatory basis.

Article 7

Balancing and imbalance charges

1.   Balancing rules shall be designed in a fair, non-discriminatory, and transparent manner and shall be based on objective criteria. Balancing rules shall reflect genuine system needs taking into account the resources available to the transmission system operator.

2.
     
  There must be no requirement on network users to balance their inputs and outputs over a shorter period than is possible by using a market based balancing system. In the transition to achieving this the national regulatory authority shall ensure that a non-market based balancing service is provided and facilitates new entry.

3.   In case of non-market based balancing systems, tolerance levels shall at least be designed in a way that reflects seasonality and the actual technical capabilities of the transmission system. Tolerance levels shall reflect genuine system needs taking into account the resources available to the transmission system operator.

4.   Balancing charges shall be broadly cost-reflective, whilst providing appropriate incentives on network users to balance their input and off-take of gas. They shall avoid cross-subsidisation between network users and shall not hamper the entry of new market entrants.

Balancing charges shall be published.

5.   Transmission system operators may collect penalties from network users whose input into and offtake from the transmission system is not in balance according to the balancing rules laid down in paragraph 1.

6.   Penalties which exceed the effectively incurred balancing costs shall be re-distributed to the network users on a non-discriminatory basis. The method for re-distributing those costs shall be approved by the relevant national authorities.

7.   Transmission system operators, provided that they have obtained or can be reasonably expected to obtain the relevant information, shall provide sufficient, well-timed and reliable on-line based information on the balancing status of network users that is necessary to enable network users to take timely corrective actions. Charges for the provision of such information shall be approved by the national regulatory authority and published.

The level of information provided shall reflect the level of information available to transmission system operators.

8.
     
  Member States shall ensure that transmission system operators harmonise balancing regimes and streamline structures and levels of balancing charges in order to facilitate gas trade.

Article 8

Secondary markets

Transmission system operators shall
  consult with network users to
  allow and facilitate capacity rights to be freely tradable between registered network users in a secondary market. They shall develop standardised transportation contracts and procedures on the primary market to facilitate secondary trade of capacity and recognised the transfer of primary capacity rights where notified by network
  users
  .

Article 9

Guidelines

1.   Where appropriate, guidelines providing the minimum degree of harmonisation required to achieve the aim of this Regulation shall specify:

| (a) | details of tariff methodology, in accordance with Article 3; |
| --- | --- |

(a)

details of tariff methodology, in accordance with Article 3;

| (b) | details of third party access services including the character, duration and other requirements of these services, in accordance with Article 4; |
| --- | --- |

(b)

details of third party access services including the character, duration and other requirements of these services, in accordance with Article 4;

| (c) | details of the principles underlying capacity allocation mechanisms and on the application of congestion management procedures in case of contractual congestion, in accordance with Article 5; |
| --- | --- |

(c)

details of the principles underlying capacity allocation mechanisms and on the application of congestion management procedures in case of contractual congestion, in accordance with Article 5;

| (c) | details on the definition of the technical information necessary for network users to gain effective access to the system and the definition of all relevant points for transparency requirements, including the information to be published at all relevant points and the time schedule according to which this information shall be published, in accordance with Article 6; |
| --- | --- |

(c)

details on the definition of the technical information necessary for network users to gain effective access to the system and the definition of all relevant points for transparency requirements, including the information to be published at all relevant points and the time schedule according to which this information shall be published, in accordance with Article 6;

| (e) | details on balancing rules and imbalance charges, in accordance with Article 7; |
| --- | --- |

(e)

details on balancing rules and imbalance charges, in accordance with Article 7;

| (f) | details on secondary markets, in accordance with Article 8. |
| --- | --- |

(f)

details on secondary markets, in accordance with Article 8.

2.   Guidelines on the issues listed in paragraph 1(b), (c) and (d) shall be laid down in the Annex. They shall be amended by the Commission in accordance with the procedure referred to in Article 14(3).

3.   The Commission shall, in accordance with the procedure referred to in Article 14(3),
  and no later than one year after the entry into force of this Regulation,
  adopt guidelines on the issues listed in paragraph 1(a)
  ,
  (e) and (f).

Article 10

Regulatory authorities

When carrying out their responsibilities under this Regulation, the regulatory authorities of the Member States shall ensure compliance with this Regulation and the guidelines adopted pursuant to Article 9.

Where appropriate they shall cooperate with each other and with the Commission.

Article 11

Provision of information and confidentiality

1.   Member States and the regulatory authorities shall, on request, provide to the Commission all information necessary for the purposes of Article 9.

The Commission shall fix a reasonable time limit within which the information is to be provided, taking into account the complexity of the information required and the urgency with which the information is needed.

2.   If the Member State or the regulatory authority concerned does not provide this information within the given time-limit pursuant to paragraph 1, the Commission may request all information necessary for the purpose of Article 9 directly from the undertakings concerned.

When sending a request for information to an undertaking, the Commission shall at the same time forward a copy of the request to the regulatory authorities of the Member State in whose territory the seat of the undertaking is situated.

In its request for information, the Commission shall state the legal basis of the request, the time limit within which the information is to be provided, the purpose of the request and also the penalties provided for in Article 13(2) for supplying incorrect, incomplete or misleading information. The Commission shall fix a reasonable time limit taking into account the complexity of the information required and the urgency with which the information is
  needed
  .

3.   
  Where
  an undertaking does not provide the information requested within the time-limit fixed by the Commission or supplies incomplete information, the Commission may by decision require the information to be provided. The decision shall specify what information is required and fix an appropriate time-limit within which it is to be supplied. It shall indicate the penalties provided for in
  Article 13(2)
  .

The Commission shall at the same time send a copy of its decision to the regulatory authorities of the Member State within the territory of which the residence of the person or the seat of the undertaking is situated.

4.   The Commission shall use the information collected pursuant to this Regulation only for the purposes of Article 9.

Article 12

Right of Member States to provide for more detailed measures

This regulation shall be without prejudice to the rights of Member States to maintain or introduce measures that contain more detailed provisions than those set out in this Regulation and the guidelines referred to in Article 9.

Article 13

Penalties

1.
     
  Without prejudice to paragraph 2, the Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify the Commission of those provisions by 1 July 2005 at the latest and shall notify it without delay of any subsequent amendment affecting them.

2.   The Commission may by decision impose on undertakings fines not exceeding 1% of the total turnover in the preceding business year where, intentionally or negligently, they supply incorrect, incomplete or misleading information in response to a request made pursuant to Article 11(2) or fail to supply information within the time-limit fixed by a decision adopted pursuant to the first subparagraph of Article 11(3).

In setting the amount of a fine, regard shall be had to the gravity of the failure to comply with the requirements of the first subparagraph.

3.   Penalties provided for pursuant to paragraph 1 and decisions taken pursuant to paragraph 2 shall not be of a criminal law nature.

Article 14

Committee

1.   The Commission shall be assisted by the Committee set up by Article 13 of Regulation (EC) No 1228/2003 of the European Parliament and the Council of 26 June 2003 on conditions for access to the network for cross-border exchanges in electricity (7).

2.
     
  The Committee shall consult with and take due consideration of the views of transmission system operators, network users and gas consumers.

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

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

Article 15

Commission Report

The Commission shall monitor the implementation of this Regulation. It shall submit to the European Parliament and the Council no more than three years after the entry into force of this Regulation a report on the experience gained in its application. In particular the report shall examine to what extent the Regulation has been successful in ensuring non-discriminatory and cost-reflective network access conditions for gas transmission networks in order to contribute to customer choice in a well functioning internal market and to long-term security of supply. The report shall be
  drawn up pursuant to the reporting requirement set out in Directive 2003/55/EC, and may where necessary be
  accompanied by appropriate proposals and/or recommendations.

Article 16

Entry into force

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

It shall apply from 1 July 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.
  No Member State shall be exempted from its obligations except by an amendment of this Regulation.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C [...], [...], p. [...].

1

(2)  OJ C [...], [...], p. [...].

2

(3)  OJ C [...], [...], p. [...].

3

(4)  Position of the European Parliament of 20 April 2004.

4

Position of the European Parliament of 20 April 2004.

(5)  OJ L 176, 15.7.2003, p. 57.

5

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

6

(7)  OJ L 176 of 15.7.2003, p. 1.

7

ANNEX

GUIDELINES ON THIRD PARTY ACCESS SERVICE

PRINCIPLES UNDERLYING CAPACITY ALLOCATION MECHANISM AND CONGESTION MANAGEMENT PROCEDURES AND THE APPLICATION OF CONGESTION MANAGEMENT PROCEDURES IN CASE OF CONTRACTUAL CONGESTION, AND

THE DEFINITION OF THE TECHNICAL INFORMATION NECESSARY FOR NETWORK USERS TO GAIN EFFECTIVE ACCESS TO THE SYSTEM AND THE DEFINITION OF ALL RELEVANT POINTS FOR TRANSPARENCY REQUIREMENTS, INCLUDING THE INFORMATION TO BE PUBLISHED AT ALL RELEVANT POINTS AND THE TIME SCHEDULE ACCORDING TO WHICH THIS INFORMATION SHALL BE PUBLISHED

1.   Third Party Access Services

| (1) | Transmission system operators shall offer firm and interruptible services down to a minimum period of one day. |
| --- | --- |

(1)

Transmission system operators shall offer firm and interruptible services down to a minimum period of one day.

| (2) | Standard transportation contracts and common network code shall be designed in a manner that facilitates trading and re-utilisation of capacity contracted by network users without hampering capacity release. |
| --- | --- |

(2)

Standard transportation contracts and common network code shall be designed in a manner that facilitates trading and re-utilisation of capacity contracted by network users without hampering capacity release.

| (3) | The development of network codes and standard contracts must be done by proper consultation with network users and transmission system operators. |
| --- | --- |

(3)

The development of network codes and standard contracts must be done by proper consultation with network users and transmission system operators.

| (4) | Transmission system operators shall implement standardised nomination and re-nomination procedures and units of measurement, once agreed within EASEE-gas. They shall develop information systems and electronic communication means to provide adequate data to network users and to simplify transactions, such as nominations, capacity contracting and transfer of capacity rights between network users. |
| --- | --- |

(4)

Transmission system operators shall implement standardised nomination and re-nomination procedures and units of measurement, once agreed within EASEE-gas. They shall develop information systems and electronic communication means to provide adequate data to network users and to simplify transactions, such as nominations, capacity contracting and transfer of capacity rights between network users.

| (5) | Transmission system operators shall harmonise formalised request procedures and response times according to best industry practice with the aim of minimising response times. They shall provide for on-line screen based capacity booking and confirmation systems, nominations and re-nominations procedures agreed within EASEE-gas no later than 1 July 2005. |
| --- | --- |

(5)

Transmission system operators shall harmonise formalised request procedures and response times according to best industry practice with the aim of minimising response times. They shall provide for on-line screen based capacity booking and confirmation systems, nominations and re-nominations procedures agreed within EASEE-gas no later than 1 July 2005.

| (6) | Transmission system operators shall not separately charge network users for information requests and transactions associated with their transportation contracts and which are carried out according to standard rules and procedures. |
| --- | --- |

(6)

Transmission system operators shall not separately charge network users for information requests and transactions associated with their transportation contracts and which are carried out according to standard rules and procedures.

| (7) | Information requests that require extraordinary or excessive expenses such as feasibility studies may be charged separately, provided the charges can be duly substantiated. |
| --- | --- |

(7)

Information requests that require extraordinary or excessive expenses such as feasibility studies may be charged separately, provided the charges can be duly substantiated.

| (8) | Transmission system operators shall co-operate with other transmission system operators in co-ordinating the maintenance of their respective networks in order to minimise any disruption of transmission services to network users and transmission system operators in other areas and in order to ensure equal benefits with respect to security of supply including in relation to transit. |
| --- | --- |

(8)

Transmission system operators shall co-operate with other transmission system operators in co-ordinating the maintenance of their respective networks in order to minimise any disruption of transmission services to network users and transmission system operators in other areas and in order to ensure equal benefits with respect to security of supply including in relation to transit.

| (9) | Transmission system operators shall publish at least once a year, by a predetermined deadline, all planned maintenance periods that might affect network users' right from transportation contracts and corresponding operational information with adequate advance notice. This shall include publishing on a prompt and non-discriminatory basis any changes to planned maintenance periods and notification of un-planned maintenance, as soon as that information becomes available to the TSO. During maintenance periods, TSOs shall publish regularly updated information on the details of and expected duration and effect of the maintenance. |
| --- | --- |

(9)

Transmission system operators shall publish at least once a year, by a predetermined deadline, all planned maintenance periods that might affect network users' right from transportation contracts and corresponding operational information with adequate advance notice. This shall include publishing on a prompt and non-discriminatory basis any changes to planned maintenance periods and notification of un-planned maintenance, as soon as that information becomes available to the TSO. During maintenance periods, TSOs shall publish regularly updated information on the details of and expected duration and effect of the maintenance.

| (10) | Transmission system operators shall maintain and make available to the regulatory authority upon request a daily log of the actual maintenance and flow disruptions that have occurred. Information shall also be made available on request to those affected by any disruption. |
| --- | --- |

(10)

Transmission system operators shall maintain and make available to the regulatory authority upon request a daily log of the actual maintenance and flow disruptions that have occurred. Information shall also be made available on request to those affected by any disruption.

2.   Principles underlying capacity allocation mechanism and congestion management procedures and Application of congestion management procedures in case of contractual congestion

2.1   Principles underlying capacity allocation mechanism and congestion management procedures

| (1) | Capacity allocation mechanism and congestion management procedures shall facilitate the development of competition and liquid trading of capacity and shall be compatible with market mechanisms including spot markets and trading hubs. They shall be flexible and capable of adapting to evolving market circumstances. |
| --- | --- |

(1)

Capacity allocation mechanism and congestion management procedures shall facilitate the development of competition and liquid trading of capacity and shall be compatible with market mechanisms including spot markets and trading hubs. They shall be flexible and capable of adapting to evolving market circumstances.

| (2) | These mechanisms and procedures may take into account the integrity of the system concerned as well as security of supply. |
| --- | --- |

(2)

These mechanisms and procedures may take into account the integrity of the system concerned as well as security of supply.

| (3) | These mechanisms and procedures shall neither hamper the entry of new market participants nor create undue barriers to enter the market. They shall not prevent market participants, including new market entrants and companies with a small market share, from competing effectively. |
| --- | --- |

(3)

These mechanisms and procedures shall neither hamper the entry of new market participants nor create undue barriers to enter the market. They shall not prevent market participants, including new market entrants and companies with a small market share, from competing effectively.

| (4) | These mechanisms and procedures shall provide appropriate economic signals for efficient and maximum use of technical capacity and facilitate investment in new infrastructure. |
| --- | --- |

(4)

These mechanisms and procedures shall provide appropriate economic signals for efficient and maximum use of technical capacity and facilitate investment in new infrastructure.

| (5) | Network users shall be advised about the type of circumstance that could affect the availability of contracted capacity. Information on interruption should reflect the level of information available to the TSO. |
| --- | --- |

(5)

Network users shall be advised about the type of circumstance that could affect the availability of contracted capacity. Information on interruption should reflect the level of information available to the TSO.

| (6) | If difficulties in meeting contractual delivery obligations arise for reasons of system integrity, TSOs should notify network users and seek a non-discriminatory solution without delay. TSOs shall consult network users regarding procedures prior to their implementation and agree them with the regulatory authority. |
| --- | --- |

(6)

If difficulties in meeting contractual delivery obligations arise for reasons of system integrity, TSOs should notify network users and seek a non-discriminatory solution without delay. TSOs shall consult network users regarding procedures prior to their implementation and agree them with the regulatory authority.

2.2   Congestion management procedures in case of contractual congestion

| (1) | In the event that contracted capacity goes un-used, transmission system operators shall make this capacity available on the primary market on an interruptible basis via contracts of differing duration, as long as this capacity is not offered by the relevant network user (capacity holder) on the secondary market at a reasonable price. |
| --- | --- |

(1)

In the event that contracted capacity goes un-used, transmission system operators shall make this capacity available on the primary market on an interruptible basis via contracts of differing duration, as long as this capacity is not offered by the relevant network user (capacity holder) on the secondary market at a reasonable price.

| (2) | Revenues from released interruptible capacity shall be split according to rules laid down by the relevant regulatory authority. These rules shall be compatible with the requirement of an effective and efficient use of the system. |
| --- | --- |

(2)

Revenues from released interruptible capacity shall be split according to rules laid down by the relevant regulatory authority. These rules shall be compatible with the requirement of an effective and efficient use of the system.

| (3) | A reasonable price for released interruptible capacity may be determined by the relevant regulatory authorities taking into account the specific circumstances prevailing. |
| --- | --- |

(3)

A reasonable price for released interruptible capacity may be determined by the relevant regulatory authorities taking into account the specific circumstances prevailing.

| (4) | Transmission system operators shall make reasonable endeavours to offer at least parts of the unused capacity to the market as firm capacity. |
| --- | --- |

(4)

Transmission system operators shall make reasonable endeavours to offer at least parts of the unused capacity to the market as firm capacity.

3.   Definition of the technical information necessary for network users to gain effective access to the system and the definition of all relevant points for transparency requirements, including the information to be published at all relevant points and the time schedule according to which this information shall be published

3.1   Definition of the technical information necessary for network users to gain effective access to the system

Transmission system operators shall publish in national language(s) and at the same time in English at least the following information about their systems and services:

| (a) | A detailed and comprehensive description of the different services offered and their charges; |
| --- | --- |

(a)

A detailed and comprehensive description of the different services offered and their charges;

| (b) | The different types of transportation contracts available for these services and as applicable, the network code and/or the standard conditions outlining the rights and responsibilities for all network users including standard transportation contracts and other relevant documents; |
| --- | --- |

(b)

The different types of transportation contracts available for these services and as applicable, the network code and/or the standard conditions outlining the rights and responsibilities for all network users including standard transportation contracts and other relevant documents;

| (c) | The standard procedures applied when using the transmission system including the definition of key terms; |
| --- | --- |

(c)

The standard procedures applied when using the transmission system including the definition of key terms;

| (d) | Provisions on capacity allocation, congestion management and anti-hoarding and re-utilisation procedures; |
| --- | --- |

(d)

Provisions on capacity allocation, congestion management and anti-hoarding and re-utilisation procedures;

| (e) | The rules applicable for capacity trade on the secondary market vis-à-vis the transmission system operator; |
| --- | --- |

(e)

The rules applicable for capacity trade on the secondary market vis-à-vis the transmission system operator;

| (f) | If applicable, the flexibility and tolerance levels included in transportation and other services without separate charge and as well as any flexibility offered in addition to this and the corresponding charges; |
| --- | --- |

(f)

If applicable, the flexibility and tolerance levels included in transportation and other services without separate charge and as well as any flexibility offered in addition to this and the corresponding charges;

| (g) | A detailed description of the gas system of the transmission system operator indicating all relevant points interconnecting its system with that of other transmission system operators and/or gas infrastructure such as LNG and infrastructure necessary for providing ancillary services as defined by Article 2, point 14 of Directive 2003/55/EC; |
| --- | --- |

(g)

A detailed description of the gas system of the transmission system operator indicating all relevant points interconnecting its system with that of other transmission system operators and/or gas infrastructure such as LNG and infrastructure necessary for providing ancillary services as defined by Article 2, point 14 of Directive 2003/55/EC;

| (h) | Information on gas quality and pressure requirements; |
| --- | --- |

(h)

Information on gas quality and pressure requirements;

| (i) | The rules applicable for connection to the system operated by the TSO; |
| --- | --- |

(i)

The rules applicable for connection to the system operated by the TSO;

| (j) | Any information on proposed and/or actual changes to the services or conditions, including the items listed in points a) to i). |
| --- | --- |

(j)

Any information on proposed and/or actual changes to the services or conditions, including the items listed in points a) to i).

3.2   Definition of all relevant points for transparency requirements

Relevant points shall include at least:

| (a) | All entry points to a network operated by a transmission system operator |
| --- | --- |

(a)

All entry points to a network operated by a transmission system operator

| (b) | The most important exit points covering at least 50% of total exit capacity of the network of a given transmission system operator |
| --- | --- |

(b)

The most important exit points covering at least 50% of total exit capacity of the network of a given transmission system operator

| (c) | All points connecting different networks of transmission system operators |
| --- | --- |

(c)

All points connecting different networks of transmission system operators

| (d) | All points connecting the network of a transmission system operator with an LNG terminal |
| --- | --- |

(d)

All points connecting the network of a transmission system operator with an LNG terminal

| (e) | All essential points within the network of a given transmission system operator including points connecting to gas hubs. All points are considered essential which, based on experience, are likely to experience physical congestion. |
| --- | --- |

(e)

All essential points within the network of a given transmission system operator including points connecting to gas hubs. All points are considered essential which, based on experience, are likely to experience physical congestion.

| (f) | All points connecting the network of a given transmission system operator to infrastructure necessary for providing ancillary services as defined by Article 2(14) of Directive 2003/55/EC. |
| --- | --- |

(f)

All points connecting the network of a given transmission system operator to infrastructure necessary for providing ancillary services as defined by Article 2(14) of Directive 2003/55/EC.

3.3   Information to be published at all relevant points and the time schedule according to which this information should be published

| (1) | At all relevant points, transmission system operators shall publish the following information about the capacity situation down to daily periods on the Internet on a regular/rolling basis and in a userfriendly standardised manner:






  (a) | the maximum technical capacity for flows in both directions |
| --- | --- | --- |

(1)

At all relevant points, transmission system operators shall publish the following information about the capacity situation down to daily periods on the Internet on a regular/rolling basis and in a userfriendly standardised manner:

(a)

the maximum technical capacity for flows in both directions

| (b) | the total contracted and interruptible capacity |
| --- | --- |

(b)

the total contracted and interruptible capacity

| (c) | the available capacity |
| --- | --- |

(c)

the available capacity

| (2) | For all relevant points, transmission system operators shall publish available capacities for a period of at least 18 months ahead and shall update this information at least every month or more frequently, if new information becomes available. |
| --- | --- |

(2)

For all relevant points, transmission system operators shall publish available capacities for a period of at least 18 months ahead and shall update this information at least every month or more frequently, if new information becomes available.

| (3) | Transmission system operators shall publish daily updates of availability of short-term services (dayahead and week-ahead) based, inter alia, on nominations, prevailing contractual commitments and regular long-term forecasts of available capacities on an annual basis for up to 10 years for all relevant points. |
| --- | --- |

(3)

Transmission system operators shall publish daily updates of availability of short-term services (dayahead and week-ahead) based, inter alia, on nominations, prevailing contractual commitments and regular long-term forecasts of available capacities on an annual basis for up to 10 years for all relevant points.

| (4) | Published capacities should not require further confirmation. |
| --- | --- |

(4)

Published capacities should not require further confirmation.

| (5) | Transmission system operators shall publish historical maximum and minimum monthly capacity utilisation rates and annual average flows at all relevant points for the past three years on a rolling basis. |
| --- | --- |

(5)

Transmission system operators shall publish historical maximum and minimum monthly capacity utilisation rates and annual average flows at all relevant points for the past three years on a rolling basis.

| (6) | Transmission system operators shall keep a daily log of actual aggregated flows for three months. |
| --- | --- |

(6)

Transmission system operators shall keep a daily log of actual aggregated flows for three months.

| (7) | Transmission system operators shall keep effective records of all capacity contracts and all other relevant information in relation to calculating and providing access to available capacities, to which relevant national authorities shall have access to fulfil their duties. |
| --- | --- |

(7)

Transmission system operators shall keep effective records of all capacity contracts and all other relevant information in relation to calculating and providing access to available capacities, to which relevant national authorities shall have access to fulfil their duties.

| (8) | Transmission system operators shall provide user-friendly instruments for calculating tariffs for the services available and for verifying on-line the capacity available. |
| --- | --- |

(8)

Transmission system operators shall provide user-friendly instruments for calculating tariffs for the services available and for verifying on-line the capacity available.

| (9) | Where transmission system operators are unable to publish information in accordance to paragraph 1, 3 and 8, they shall consult with their relevant national authorities and set up an Action Plan for implementation as soon as possible, but not later than 31 December 2005 at the latest. |
| --- | --- |

(9)

Where transmission system operators are unable to publish information in accordance to paragraph 1, 3 and 8, they shall consult with their relevant national authorities and set up an Action Plan for implementation as soon as possible, but not later than 31 December 2005 at the latest.

P5_TA(2004)0302

Eco-design requirements for energy-using products ***I

European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council on establishing a framework for the setting of Eco-design requirements for Energy-Using Products and amending Council Directive 92/42/EEC (COM(2003) 453 — C5-0369/2003 — 2003/0172(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 453) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 453) (1),

| — | having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0369/2003), |
| --- | --- |

—

having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0369/2003),

| — | having regard to the opinion of the Committee on Legal Affairs and the Internal Market on the proposed legal basis, |
| --- | --- |

—

having regard to the opinion of the Committee on Legal Affairs and the Internal Market on the proposed legal basis,

| — | having regard to Rules 67 and 63 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 67 and 63 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Industry, External Trade, Research and Energy (A5-0171/2004), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Industry, External Trade, Research and Energy (A5-0171/2004),

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

1.

Approves the Commission proposal as amended;

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

2.

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

| 3. | Instructs its President to forward its position to the Council and 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)0172

Position of the European Parliament adopted at first reading on 20 April 2004 with a view to the adoption of European Parliament and Council Directive 2004/.../EC on establishing a framework for the setting of Eco-design requirements for Energy-Using Products and amending Council Directive 92/42/EEC

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95
  and Article 175
  thereof,

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

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

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

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

Whereas:

| (1) | The disparities between the laws or administrative measures adopted by the Member States as regards the eco-design of energy using products can create barriers to trade and distort competition in the Community and may thus have a direct impact on the establishment and functioning of the internal market. The harmonisation of national laws is the only means to prevent such barriers to trade and unfair competition. |
| --- | --- |

(1)

The disparities between the laws or administrative measures adopted by the Member States as regards the eco-design of energy using products can create barriers to trade and distort competition in the Community and may thus have a direct impact on the establishment and functioning of the internal market. The harmonisation of national laws is the only means to prevent such barriers to trade and unfair competition.

| (2) | The EU's environmental policy, as set out in the Sixth Community Environment Action Programme
   (5)
  , on the basis of principals enshrined in Article 175 of the Treaty, calls for the efficient use of energy and materials and the reduction of harmful emissions. Energy using products account for a rapidly increasing share of energy and material consumption in the Community and thus merit special attention within the ongoing overall effort of sustainable development. |
| --- | --- |

(2)

The EU's environmental policy, as set out in the Sixth Community Environment Action Programme
   (5)
  , on the basis of principals enshrined in Article 175 of the Treaty, calls for the efficient use of energy and materials and the reduction of harmful emissions. Energy using products account for a rapidly increasing share of energy and material consumption in the Community and thus merit special attention within the ongoing overall effort of sustainable development.

| (3) | The objectives of the Sixth Community Environment Action Programme will be pursued with consideration being given to the Integrated Product Policy approach and the Community's strategy for waste management, inter alia, by means of encouraging ecologically sound and sustainable product design and the formulation of operational measures to encourage waste prevention, such as encouraging re-use and recycling and the phasing out of certain substances and materials through product-related measures
  . |
| --- | --- |

(3)

The objectives of the Sixth Community Environment Action Programme will be pursued with consideration being given to the Integrated Product Policy approach and the Community's strategy for waste management, inter alia, by means of encouraging ecologically sound and sustainable product design and the formulation of operational measures to encourage waste prevention, such as encouraging re-use and recycling and the phasing out of certain substances and materials through product-related measures
  .

| (4) | The Sixth Community Environment Action Program entails a commitment to action for the sustainable management and use of natural resources with the objective of ensuring that the consumption of resources and the associated effects do not exceed the carrying capacity of the environment and breaking the linkages between economic growth and resource use. These objectives should be pursued taking into consideration the Integrated Product Policy approach and the Community's strategy for waste management by means of priority actions including, inter alia, promotion of extraction and production methods and techniques to encourage eco-efficiency and the sustainable use of raw-materials, energy, water and other resources. |
| --- | --- |

(4)

The Sixth Community Environment Action Program entails a commitment to action for the sustainable management and use of natural resources with the objective of ensuring that the consumption of resources and the associated effects do not exceed the carrying capacity of the environment and breaking the linkages between economic growth and resource use. These objectives should be pursued taking into consideration the Integrated Product Policy approach and the Community's strategy for waste management by means of priority actions including, inter alia, promotion of extraction and production methods and techniques to encourage eco-efficiency and the sustainable use of raw-materials, energy, water and other resources.

| (5) | Energy-using Products (hereafter ‘EuPs’) account for a large proportion of the consumption of natural resources and energy in the Community. They also have a number of other important environmental impacts. For the vast majority of product categories available on the Community market, very different degrees of environmental impact can be noted though they provide similar functional performances. In the interest of sustainable development, continuous improvement in the overall environmental impact of those products should be encouraged, notably
  by identifying the major sources of negative environmental impacts and avoiding any transfer of pollution
  . |
| --- | --- |

(5)

Energy-using Products (hereafter ‘EuPs’) account for a large proportion of the consumption of natural resources and energy in the Community. They also have a number of other important environmental impacts. For the vast majority of product categories available on the Community market, very different degrees of environmental impact can be noted though they provide similar functional performances. In the interest of sustainable development, continuous improvement in the overall environmental impact of those products should be encouraged, notably
  by identifying the major sources of negative environmental impacts and avoiding any transfer of pollution
  .

| (6) | Eco-design of products is a crucial factor in the Community strategy on Integrated Product Policy. As a preventive approach, designed to optimise the environmental performance of products, while maintaining their functional qualities, it provides genuine new opportunities for manufacturers, for consumers and for society as a whole. |
| --- | --- |

(6)

Eco-design of products is a crucial factor in the Community strategy on Integrated Product Policy. As a preventive approach, designed to optimise the environmental performance of products, while maintaining their functional qualities, it provides genuine new opportunities for manufacturers, for consumers and for society as a whole.

| (7) | Energy efficiency improvement — with one of the available options being more efficient end use of electricity — is regarded as contributing substantially to the achievement of greenhouse gas emission targets in the EuropeanUnion. Electricity demand is the fastest growing end energy use category and is projected to grow from about 7 000 to 10 000 kWh per capita within the next 20 to 30 years, in the absence of any policy action to counteract this trend. The European Climate Change Programme (ECCP)
   (6)
  reported by the Commission suggests that a 40% reduction of energy is possible. Climate change is one of the priorities of the Sixth Community Environment Action Programme. Energy saving is the most cost effective way to increase security of supply and reduce import dependency. Therefore, substantial demand side measures and targets should be adopted. |
| --- | --- |

(7)

Energy efficiency improvement — with one of the available options being more efficient end use of electricity — is regarded as contributing substantially to the achievement of greenhouse gas emission targets in the EuropeanUnion. Electricity demand is the fastest growing end energy use category and is projected to grow from about 7 000 to 10 000 kWh per capita within the next 20 to 30 years, in the absence of any policy action to counteract this trend. The European Climate Change Programme (ECCP)
   (6)
  reported by the Commission suggests that a 40% reduction of energy is possible. Climate change is one of the priorities of the Sixth Community Environment Action Programme. Energy saving is the most cost effective way to increase security of supply and reduce import dependency. Therefore, substantial demand side measures and targets should be adopted.

| (8) | Action must be taken in the product design phase, since 80% of the pollution caused during a product's life cycle is determined at this stage and 90% of the costs involved are committed then. |
| --- | --- |

(8)

Action must be taken in the product design phase, since 80% of the pollution caused during a product's life cycle is determined at this stage and 90% of the costs involved are committed then.

| (9) | A coherent framework for the application of Community eco-design requirements for EuPs should be established with the aim of ensuring the free movement of those products which comply and of improving their overall environmental impact. Such Community requirements should comply with the principles of
  fair competition and
  international trade. |
| --- | --- |

(9)

A coherent framework for the application of Community eco-design requirements for EuPs should be established with the aim of ensuring the free movement of those products which comply and of improving their overall environmental impact. Such Community requirements should comply with the principles of
  fair competition and
  international trade.

| (10) | Eco-design requirements have to be set with a view to the goals and priorities of the Sixth Community Environmental Action Programme, including forthcoming goals of the Sixth EAP thematic strategies, such as the Thematic Strategy on Sustainable Use of Natural Resources and Thematic Strategies on Waste Prevention and Recycling, the ECCP policy recommendations, the United Nations Framework Convention on Climate Change and the Kyoto Protocol commitment and, inter alia, existing goals of Directive 2000/60/EC
   (7)
  , Directive 96/62/EC
   (8)
  , Directive 75/442/EEC
   (9)
  , Directive 76/769/EEC
   (10)
  , the OSPAR Convention, the Community Chemicals Policy and Regultation (EC) No .../2004 of the European Parliament and of the Council of ... [concerning persistent organic pollutants and amending Directives 79/117/EEC et 96/59/EC]
   (11). |
| --- | --- |

(10)

Eco-design requirements have to be set with a view to the goals and priorities of the Sixth Community Environmental Action Programme, including forthcoming goals of the Sixth EAP thematic strategies, such as the Thematic Strategy on Sustainable Use of Natural Resources and Thematic Strategies on Waste Prevention and Recycling, the ECCP policy recommendations, the United Nations Framework Convention on Climate Change and the Kyoto Protocol commitment and, inter alia, existing goals of Directive 2000/60/EC
   (7)
  , Directive 96/62/EC
   (8)
  , Directive 75/442/EEC
   (9)
  , Directive 76/769/EEC
   (10)
  , the OSPAR Convention, the Community Chemicals Policy and Regultation (EC) No .../2004 of the European Parliament and of the Council of ... [concerning persistent organic pollutants and amending Directives 79/117/EEC et 96/59/EC]
   (11).

| (11) | A coherent framework for eco-design requirements at international level should also be established. The Commission is therefore called upon to initiate a dialogue with major trading partners — such as the US, Japan, China and India — to explore the possibilities of developing such a framework. |
| --- | --- |

(11)

A coherent framework for eco-design requirements at international level should also be established. The Commission is therefore called upon to initiate a dialogue with major trading partners — such as the US, Japan, China and India — to explore the possibilities of developing such a framework.

| (12) | This Directive seeks to achieve a high level of protection for the environment by improving resource efficiency of EuPs, which will ultimately be beneficial to consumers and other end users. Sustainable development also requires proper consideration of the health, social and economic impact of the measures envisaged. Improving the energy efficiency of products contributes to the security of energy supply which is a precondition of sound economic activity and therefore of sustainable development. |
| --- | --- |

(12)

This Directive seeks to achieve a high level of protection for the environment by improving resource efficiency of EuPs, which will ultimately be beneficial to consumers and other end users. Sustainable development also requires proper consideration of the health, social and economic impact of the measures envisaged. Improving the energy efficiency of products contributes to the security of energy supply which is a precondition of sound economic activity and therefore of sustainable development.

| (13) | It is important to pursue a more consistent approach to the issue of consumption in connection with sustainable development. Accordingly, the drafting of a guide entitled: ‘Energy Hints’, published by national and/or regional environmental management agencies and distributed principally to European families, would constitute an appropriate tool for making consumers aware of how energy is wasted. |
| --- | --- |

(13)

It is important to pursue a more consistent approach to the issue of consumption in connection with sustainable development. Accordingly, the drafting of a guide entitled: ‘Energy Hints’, published by national and/or regional environmental management agencies and distributed principally to European families, would constitute an appropriate tool for making consumers aware of how energy is wasted.

| (14) | Art 95(3) of the Treaty requires the Commission to take as a base for its proposals a high level of environmental protection, taking account in particular of any new development based on scientific facts. |
| --- | --- |

(14)

Art 95(3) of the Treaty requires the Commission to take as a base for its proposals a high level of environmental protection, taking account in particular of any new development based on scientific facts.

| (15) | It is in the interests of manufacturers and distributors to inform consumers about the environmental progress made by energy-using products and to advise them about how to use such products in a manner which is environmentally friendly. |
| --- | --- |

(15)

It is in the interests of manufacturers and distributors to inform consumers about the environmental progress made by energy-using products and to advise them about how to use such products in a manner which is environmentally friendly.

| (16) | The precautionary principle is part of the Treaty and should be observed in the drafting and implementation of the present Directive. |
| --- | --- |

(16)

The precautionary principle is part of the Treaty and should be observed in the drafting and implementation of the present Directive.

| (17) | The approach set out in the Green Paper on Integrated Product Policy (12), which is a major innovative part of the Sixth Environmental Action Programme laid down in Decision No 1600/2002/EC aims to reduce the environmental impacts of products throughout their life cycle. Considering at the design stage a product's environmental impact throughout the whole life cycle is highly likely to facilitate environmental improvement in a cost-effective way.
  Extending this approach over successive generations of products will address the overall potential for improvement in a lasting way. To this end, manufacturers should aim at an improvement of the environmental performance of their products and evaluate alternative design solutions with the objective of achieving an improvement of the environmental performance of those products, taking into account the state of the art in ecodesign. The choice of a specific design solution should achieve a reasonable balance between the various environmental aspects and between environmental aspects and other relevant considerations, such as technical requirements for functionality, quality and performance, and economic aspects, including manufacturing costs and marketability, while complying with all relevant legislation. |
| --- | --- |

(17)

The approach set out in the Green Paper on Integrated Product Policy (12), which is a major innovative part of the Sixth Environmental Action Programme laid down in Decision No 1600/2002/EC aims to reduce the environmental impacts of products throughout their life cycle. Considering at the design stage a product's environmental impact throughout the whole life cycle is highly likely to facilitate environmental improvement in a cost-effective way.
  Extending this approach over successive generations of products will address the overall potential for improvement in a lasting way. To this end, manufacturers should aim at an improvement of the environmental performance of their products and evaluate alternative design solutions with the objective of achieving an improvement of the environmental performance of those products, taking into account the state of the art in ecodesign. The choice of a specific design solution should achieve a reasonable balance between the various environmental aspects and between environmental aspects and other relevant considerations, such as technical requirements for functionality, quality and performance, and economic aspects, including manufacturing costs and marketability, while complying with all relevant legislation.

| (18) | Whereas a comprehensive approach to environmental performance is desirable, greenhouse gas mitigation through energy efficiency increases is the priority environmental goal of the present Directive. |
| --- | --- |

(18)

Whereas a comprehensive approach to environmental performance is desirable, greenhouse gas mitigation through energy efficiency increases is the priority environmental goal of the present Directive.

| (19) | It
  is
  necessary and justified to establish specific quantified eco-design requirements for some products or environmental aspects thereof in order to ensure that their environmental impact is minimised.
  Considering the urgent need to contribute
  to the achievement of the goal set in the Kyoto Protocol to the United Nations Framework Convention on Climate Changes (UNFCCC), approved by Council Decision 2002/358/EC (13), which calls for an 8% reduction in emissions of greenhouse gases for the Community by the year 2012 as well as further reductions beyond 2012
  , and without prejudice to the integrated approach promoted in the present Directive, priority should be given within 12 months of the adoption of the Framework Directive to those measures with a high potential for reducing greenhouse gas emissions at low cost. Such measures
  can also contribute to a sustainable use of resources and constitute a major contribution to the ten-year framework of programmes on sustainable production and consumption agreed at the World Summit on Sustainable Development in Johannesburg in September 2002. |
| --- | --- |

(19)

It
  is
  necessary and justified to establish specific quantified eco-design requirements for some products or environmental aspects thereof in order to ensure that their environmental impact is minimised.
  Considering the urgent need to contribute
  to the achievement of the goal set in the Kyoto Protocol to the United Nations Framework Convention on Climate Changes (UNFCCC), approved by Council Decision 2002/358/EC (13), which calls for an 8% reduction in emissions of greenhouse gases for the Community by the year 2012 as well as further reductions beyond 2012
  , and without prejudice to the integrated approach promoted in the present Directive, priority should be given within 12 months of the adoption of the Framework Directive to those measures with a high potential for reducing greenhouse gas emissions at low cost. Such measures
  can also contribute to a sustainable use of resources and constitute a major contribution to the ten-year framework of programmes on sustainable production and consumption agreed at the World Summit on Sustainable Development in Johannesburg in September 2002.

| (20) | Reducing energy consumption is an important instrument of European environmental policy, as laid down for example in the ECCP after consultation of all relevant stakeholders. |
| --- | --- |

(20)

Reducing energy consumption is an important instrument of European environmental policy, as laid down for example in the ECCP after consultation of all relevant stakeholders.

| (21) | It should be recognised that Integrated Product Policy should eventually establish a common and harmonised framework on procedures for setting eco-design requirements for the activities undertaken under the Commission's Integrated Product Policy. In particular, product prioritisation and the approach on Product Design Obligations, should be taken into consideration. In the meantime, however, given the urgency of energy efficiency measures, it is necessary for the Commission to propose without delay a shortlist of products to be addressed and a timetable. |
| --- | --- |

(21)

It should be recognised that Integrated Product Policy should eventually establish a common and harmonised framework on procedures for setting eco-design requirements for the activities undertaken under the Commission's Integrated Product Policy. In particular, product prioritisation and the approach on Product Design Obligations, should be taken into consideration. In the meantime, however, given the urgency of energy efficiency measures, it is necessary for the Commission to propose without delay a shortlist of products to be addressed and a timetable.

| (22) | The level of eco-design requirements
  shall
  be established
  where improvements are technically feasible and economically justified, hence identified through a life-cycle cost analysis and set at the level where possible improvements present the lowest life-cycle cost.
  Flexibility in the method for establishing the level of requirements can make swift improvement of environmental performance easier.
  The parties involved should cooperate actively in this technical analysis.
  The setting of mandatory measures requires
  that a thorough analysis is performed by a competent but independent entity with balanced
  consultation of the interests involved
  including a balanced participation of economic interests and energy efficiency/environment advocates and consumer organisations. The necessary technical and economic analyses shall be carried out with competent, independent expertise. In order to generate and manage the knowledge and expertise required, an EU level product eco-design expert body should be established, drawing partially on the resources of the Intelligent Energy Executive Agency set up under Decision 2004/20/EC
   (14)
  . Such consultation may highlight the need for a phased introduction or transitional measures. The introduction of interim targets increases the predictability of the policy, allows for accommodating product development cycle and facilitates long term planning for the interested parties. |
| --- | --- |

(22)

The level of eco-design requirements
  shall
  be established
  where improvements are technically feasible and economically justified, hence identified through a life-cycle cost analysis and set at the level where possible improvements present the lowest life-cycle cost.
  Flexibility in the method for establishing the level of requirements can make swift improvement of environmental performance easier.
  The parties involved should cooperate actively in this technical analysis.
  The setting of mandatory measures requires
  that a thorough analysis is performed by a competent but independent entity with balanced
  consultation of the interests involved
  including a balanced participation of economic interests and energy efficiency/environment advocates and consumer organisations. The necessary technical and economic analyses shall be carried out with competent, independent expertise. In order to generate and manage the knowledge and expertise required, an EU level product eco-design expert body should be established, drawing partially on the resources of the Intelligent Energy Executive Agency set up under Decision 2004/20/EC
   (14)
  . Such consultation may highlight the need for a phased introduction or transitional measures. The introduction of interim targets increases the predictability of the policy, allows for accommodating product development cycle and facilitates long term planning for the interested parties.

| (23) | Countries such as Japan have established ambitious methods for setting energy efficiency requirements for eco-design. In order to ensure the future competitiveness of European manufacturers, the Commission should take such initiatives into careful consideration when setting up specific requirements under individual implementing measures. |
| --- | --- |

(23)

Countries such as Japan have established ambitious methods for setting energy efficiency requirements for eco-design. In order to ensure the future competitiveness of European manufacturers, the Commission should take such initiatives into careful consideration when setting up specific requirements under individual implementing measures.

| (24) | Alternative
  courses of actions such as self-regulation by the industry
  should be considered
  where such actions are likely to deliver the policy objectives more quickly or at lower cost than mandatory requirements.
  Existing or proposed self-regulation should be subject to the same independent analysis, stakeholder scrutiny and monitoring as implementing measures.
  Legislative measures
  are
  needed where market forces fail to evolve in the right direction or at an acceptable speed. |
| --- | --- |

(24)

Alternative
  courses of actions such as self-regulation by the industry
  should be considered
  where such actions are likely to deliver the policy objectives more quickly or at lower cost than mandatory requirements.
  Existing or proposed self-regulation should be subject to the same independent analysis, stakeholder scrutiny and monitoring as implementing measures.
  Legislative measures
  are
  needed where market forces fail to evolve in the right direction or at an acceptable speed.

| (25) | This Directive should also encourage the integration of eco-design in SMUs and very small firms. Better control of their energy consumption and awareness of the environment in their activities would be facilitated by the establishment of a Community-level database. This would be an important tool which would cover, inter alia, simplified analytical models of product life cycles, and positive environmental impact simulations for each stage of the life cycle and the eco-design requirements to be taken into account as a priority in order to reduce the energy and water consumption of and the noise pollution caused by products. |
| --- | --- |

(25)

This Directive should also encourage the integration of eco-design in SMUs and very small firms. Better control of their energy consumption and awareness of the environment in their activities would be facilitated by the establishment of a Community-level database. This would be an important tool which would cover, inter alia, simplified analytical models of product life cycles, and positive environmental impact simulations for each stage of the life cycle and the eco-design requirements to be taken into account as a priority in order to reduce the energy and water consumption of and the noise pollution caused by products.

| (26) | EuPs complying with the eco-design requirements laid down in measures implementing this Directive should bear the ‘CE’ marking and associated information in order to enable them to be placed on the internal market and move freely.
  The rigorous enforcement of implementing measures is a prerequisite for ensuring the reduction of the environmental impact of regulated EUPs and fair competition. Member States should involve interested stakeholders in the setting up of effective and timely market surveillance mechanisms. The Commission should draw up a report benchmarking the effectiveness of market surveillance processes implemented by the Member States. This report should also refer to all restrictive measures taken by Member States and any penalties applied. The report should be submitted to the European Parliament, to the Council and to the parties concerned, every two years. |
| --- | --- |

(26)

EuPs complying with the eco-design requirements laid down in measures implementing this Directive should bear the ‘CE’ marking and associated information in order to enable them to be placed on the internal market and move freely.
  The rigorous enforcement of implementing measures is a prerequisite for ensuring the reduction of the environmental impact of regulated EUPs and fair competition. Member States should involve interested stakeholders in the setting up of effective and timely market surveillance mechanisms. The Commission should draw up a report benchmarking the effectiveness of market surveillance processes implemented by the Member States. This report should also refer to all restrictive measures taken by Member States and any penalties applied. The report should be submitted to the European Parliament, to the Council and to the parties concerned, every two years.

| (27) | Regard should be given to the modules and rules intended for use in technical harmonisation Directives set out in Council Decision 93/465/EEC of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking (15). |
| --- | --- |

(27)

Regard should be given to the modules and rules intended for use in technical harmonisation Directives set out in Council Decision 93/465/EEC of 22 July 1993 concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking (15).

| (28) | Surveillance authorities should exchange information on the measures envisaged within the scope of this Directive with a view to improving surveillance of the market. Such co-operation should make the greatest possible use of electronic means of communication and relevant Community programmes.
  The exchange of information is to be facilitated when the information is being centrally processed and made available to the public. To that end, standardisation of the reporting of such information is necessary. The accumulation and evaluation of the body of knowledge generated by the eco-design efforts of manufacturers is one of the principal benefits of the present Directive. The necessary technical and economical analyses shall be carried out by an expert independent of industry stakeholders. International benchmarking shall be used during the analysis (especially during the life-cycle cost analysis) and when setting requirements. The exchange of information on environmental lifecycle performance and the achievements of design solutions should be facilitated. In order to generate, build, manage and maintain this knowledge and expertise, the newlycreated Intelligent Energy Executive Agency might be the repository for the knowledge and expertise needed. |
| --- | --- |

(28)

Surveillance authorities should exchange information on the measures envisaged within the scope of this Directive with a view to improving surveillance of the market. Such co-operation should make the greatest possible use of electronic means of communication and relevant Community programmes.
  The exchange of information is to be facilitated when the information is being centrally processed and made available to the public. To that end, standardisation of the reporting of such information is necessary. The accumulation and evaluation of the body of knowledge generated by the eco-design efforts of manufacturers is one of the principal benefits of the present Directive. The necessary technical and economical analyses shall be carried out by an expert independent of industry stakeholders. International benchmarking shall be used during the analysis (especially during the life-cycle cost analysis) and when setting requirements. The exchange of information on environmental lifecycle performance and the achievements of design solutions should be facilitated. In order to generate, build, manage and maintain this knowledge and expertise, the newlycreated Intelligent Energy Executive Agency might be the repository for the knowledge and expertise needed.

| (29) | In so far as concerns the training of small and medium-sized businesses in eco-design and the provision of eco-design information to them, it is appropriate to provide funding from the EU budget, in particular from the ‘Intelligent Energy — Europe (2003-2006)’ programme adopted under Decision No 1230/2003/EC
   (16)
  , and funding from national budgets. |
| --- | --- |

(29)

In so far as concerns the training of small and medium-sized businesses in eco-design and the provision of eco-design information to them, it is appropriate to provide funding from the EU budget, in particular from the ‘Intelligent Energy — Europe (2003-2006)’ programme adopted under Decision No 1230/2003/EC
   (16)
  , and funding from national budgets.

| (30) | It is in the interest of the functioning of the internal market to have standards which have been harmonised at Community level. Once the reference to such a standard has been published in the Official Journal of the European Union, compliance with it should raise a presumption of conformity with the corresponding requirements set out in the implementing measure adopted on the basis of this Directive, although other means of demonstrating such conformity should be permitted. |
| --- | --- |

(30)

It is in the interest of the functioning of the internal market to have standards which have been harmonised at Community level. Once the reference to such a standard has been published in the Official Journal of the European Union, compliance with it should raise a presumption of conformity with the corresponding requirements set out in the implementing measure adopted on the basis of this Directive, although other means of demonstrating such conformity should be permitted.

| (31) | Harmonised standards are technical specifications adopted by the European Standardisation bodies, as referred to in Annex I to Directive 98/34/EC of 22 June 1998 of the European Parliament and the Council laying down a procedure for the provision of information in the field of technical standards and regulations (17), on mandates given by the Commission in conformity with that Directive and in accordance with the general guidelines for co-operation between the Commission and those bodies. In the interest of international trade, international standards should be used wherever appropriate. |
| --- | --- |

(31)

Harmonised standards are technical specifications adopted by the European Standardisation bodies, as referred to in Annex I to Directive 98/34/EC of 22 June 1998 of the European Parliament and the Council laying down a procedure for the provision of information in the field of technical standards and regulations (17), on mandates given by the Commission in conformity with that Directive and in accordance with the general guidelines for co-operation between the Commission and those bodies. In the interest of international trade, international standards should be used wherever appropriate.

| (32) | This Directive is in accordance with the principles for the implementation of the new approach as set out in the Council Resolution of 7 May 1985 on a new approach to technical harmonisation and standards (18) and of making reference to harmonised European standards. The Council Resolution of 28 October 1999 on the role of standardisation in Europe (19) recommended that the Commission should examine whether the New Approach principle could be extended to sectors not yet covered as a means of improving and simplifying legislation wherever possible. |
| --- | --- |

(32)

This Directive is in accordance with the principles for the implementation of the new approach as set out in the Council Resolution of 7 May 1985 on a new approach to technical harmonisation and standards (18) and of making reference to harmonised European standards. The Council Resolution of 28 October 1999 on the role of standardisation in Europe (19) recommended that the Commission should examine whether the New Approach principle could be extended to sectors not yet covered as a means of improving and simplifying legislation wherever possible.

| (33) | Synergies and complementarity of this Directive with existing Community instruments such as Council Directive 92/75/EEC of 22 September 1992 on the indication by labelling and standard product information of the consumption of energy and other resources by household appliances (20), Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community eco-label award scheme (21), Regulation (EC) No 2422/2001 of the European Parliament and of the Council of 6 November 2001 on a Community energy efficiency labelling programme for office equipment (22), Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste from electrical and electronic equipment (23), Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (24) should contribute to increasing their respective impact and building coherent requirements for manufacturers to apply. |
| --- | --- |

(33)

Synergies and complementarity of this Directive with existing Community instruments such as Council Directive 92/75/EEC of 22 September 1992 on the indication by labelling and standard product information of the consumption of energy and other resources by household appliances (20), Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community eco-label award scheme (21), Regulation (EC) No 2422/2001 of the European Parliament and of the Council of 6 November 2001 on a Community energy efficiency labelling programme for office equipment (22), Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste from electrical and electronic equipment (23), Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (24) should contribute to increasing their respective impact and building coherent requirements for manufacturers to apply.

| (34) | An Energy Labelling Directive constitutes an indispensable follow up measure to the present Directive. |
| --- | --- |

(34)

An Energy Labelling Directive constitutes an indispensable follow up measure to the present Directive.

| (35) | Since Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels (25), Directive 96/57/EC of the European Parliament and of the Council of 3 September 1996 on energy efficiency requirements for household electric refrigerators, freezers and combinations thereof (26) and Directive 2000/55/EC of the European Parliament and of the Council of 18 September 2000 on energy efficiency requirements for ballasts for fluorescent lighting (27) already contain provisions for the revision of the energy efficiency requirements, they should be integrated into the present framework. |
| --- | --- |

(35)

Since Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels (25), Directive 96/57/EC of the European Parliament and of the Council of 3 September 1996 on energy efficiency requirements for household electric refrigerators, freezers and combinations thereof (26) and Directive 2000/55/EC of the European Parliament and of the Council of 18 September 2000 on energy efficiency requirements for ballasts for fluorescent lighting (27) already contain provisions for the revision of the energy efficiency requirements, they should be integrated into the present framework.

| (36) | Directive 92/42/EEC provides for a star rating system intended to ascertain the energy performance of boilers. Since Member States and the industry agree that the star rating system has proved not to deliver the expected result, Directive 92/42/EEC should be amended accordingly. |
| --- | --- |

(36)

Directive 92/42/EEC provides for a star rating system intended to ascertain the energy performance of boilers. Since Member States and the industry agree that the star rating system has proved not to deliver the expected result, Directive 92/42/EEC should be amended accordingly.

| (37) | The requirements laid down in Council Directive 78/170/EEC of 13 February 1978 on the performance of heat generators for space heating and the production of hot water in new or existing nonindustrial buildings and on the insulation of heat and domestic hot-water distribution in new nonindustrial buildings (28) have been superseded by provisions of Directive 92/42/EEC, Council Directive 90/396/EEC of 29 June 1990 on the approximation of the laws of the Member States relating to appliances burning gaseous fuels (29) and Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings (30). Directive 78/170/EEC should therefore be repealed. |
| --- | --- |

(37)

The requirements laid down in Council Directive 78/170/EEC of 13 February 1978 on the performance of heat generators for space heating and the production of hot water in new or existing nonindustrial buildings and on the insulation of heat and domestic hot-water distribution in new nonindustrial buildings (28) have been superseded by provisions of Directive 92/42/EEC, Council Directive 90/396/EEC of 29 June 1990 on the approximation of the laws of the Member States relating to appliances burning gaseous fuels (29) and Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings (30). Directive 78/170/EEC should therefore be repealed.

| (38) | Directive 86/594/EEC of 1 December 1986 on airborne noise emitted by household appliances (31) lays down the conditions under which publication of information on the noise emitted by such appliances may be required by Member States, and defines a procedure to determine the level of noise. For harmonisation purposes noise emissions should be included in an integrated assessment of environmental performance. Since this Directive provides for such an integrated approach, Directive 86/594/EEC should be repealed. |
| --- | --- |

(38)

Directive 86/594/EEC of 1 December 1986 on airborne noise emitted by household appliances (31) lays down the conditions under which publication of information on the noise emitted by such appliances may be required by Member States, and defines a procedure to determine the level of noise. For harmonisation purposes noise emissions should be included in an integrated assessment of environmental performance. Since this Directive provides for such an integrated approach, Directive 86/594/EEC should be repealed.

| (39) | The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred to the Commission (32).
  In order to encourage the effective participation of the parties concerned, a Consultative Committee procedure should be introduced parallel to the comitology procedure. The procedure put in place by Decision 2000/730/EC of the Commission of 10 November 2000 establishing the European Union Eco-labelling Board and its rules of procedure
   (33)
  may serve as a model
  . |
| --- | --- |

(39)

The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred to the Commission (32).
  In order to encourage the effective participation of the parties concerned, a Consultative Committee procedure should be introduced parallel to the comitology procedure. The procedure put in place by Decision 2000/730/EC of the Commission of 10 November 2000 establishing the European Union Eco-labelling Board and its rules of procedure
   (33)
  may serve as a model
  .

| (40) | Member States should determine the penalties to be applied in the event of infringements of the national provisions adopted pursuant to this Directive. Those penalties should be effective, proportionate and dissuasive. |
| --- | --- |

(40)

Member States should determine the penalties to be applied in the event of infringements of the national provisions adopted pursuant to this Directive. Those penalties should be effective, proportionate and dissuasive.

| (41) | The time needed to perform a proper conformity verification may be too long compared to the time normally elapsing between the placement of a product on the market and its final sale to the user. Implementing measures should therefore contain provisions that enable Member States to impose penalties in proportion to the degree to which products fail to conform to legal requirements and the quantity of non-conforming EuPs placed on the Community market before national authorities impose any restriction on placing such products on the market. |
| --- | --- |

(41)

The time needed to perform a proper conformity verification may be too long compared to the time normally elapsing between the placement of a product on the market and its final sale to the user. Implementing measures should therefore contain provisions that enable Member States to impose penalties in proportion to the degree to which products fail to conform to legal requirements and the quantity of non-conforming EuPs placed on the Community market before national authorities impose any restriction on placing such products on the market.

| (42) | Since the objectives of the proposed action, namely to ensure the functioning of the internal market by requiring products to reach an adequate level of environmental performance, cannot be sufficiently achieved by Member States acting alone and can therefore, by reason of their scale and effects, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(42)

Since the objectives of the proposed action, namely to ensure the functioning of the internal market by requiring products to reach an adequate level of environmental performance, cannot be sufficiently achieved by Member States acting alone and can therefore, by reason of their scale and effects, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

| (43) | The right of the European Parliament to monitor — especially in the context of co-decision but also in more technical legislative domains — the application of the Framework Directive in comitology by means of implementing measures must be guaranteed. The call-back option for the European Parliament as enshrined in the draft Constitution is welcomed as a reasonable compromise between efficiency and democratic scrutiny, |
| --- | --- |

(43)

The right of the European Parliament to monitor — especially in the context of co-decision but also in more technical legislative domains — the application of the Framework Directive in comitology by means of implementing measures must be guaranteed. The call-back option for the European Parliament as enshrined in the draft Constitution is welcomed as a reasonable compromise between efficiency and democratic scrutiny,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Subject matter and scope

Application of
  this Directive establishes a framework for the integration of environmental aspects in product design and development, with priority for energy efficiency improvement, in order to ensure the free movement of energy-using products within the internal market.

It provides for the definition of requirements which the energy-using products covered by implementing measures must fulfil with a view to their being placed on the market. It contributes to sustainable development by increasing security of energy supply and by aiming at a high level of environmental protection.

Application of this Directive
  may in the future be extended
  to means of transport for persons or goods by land, sea and air.

Article 2

Definitions

For the purposes of this Directive the following definitions shall apply:

| (1) | ‘Energy-using Product (EuP)’ means a product which is dependent on energy input (electricity, fossil and renewable fuels) to work as intended and a product for the generation, transfer and measurement of such energy, including parts which are intended to be incorporated into an EuP which are placed on the market as individual parts for end-users, the environmental performance of which can be assessed independently; |
| --- | --- |

(1)

‘Energy-using Product (EuP)’ means a product which is dependent on energy input (electricity, fossil and renewable fuels) to work as intended and a product for the generation, transfer and measurement of such energy, including parts which are intended to be incorporated into an EuP which are placed on the market as individual parts for end-users, the environmental performance of which can be assessed independently;

| (2) | ‘Components and sub-assemblies’ means parts intended to be incorporated into an EuP
  , including materials and intermediate products,
  and which are not placed on the market as individual parts for end-users or the environmental performance of which cannot be assessed independently; |
| --- | --- |

(2)

‘Components and sub-assemblies’ means parts intended to be incorporated into an EuP
  , including materials and intermediate products,
  and which are not placed on the market as individual parts for end-users or the environmental performance of which cannot be assessed independently;

| (3) | ‘Implementing measures’ means measures adopted pursuant to this Directive laying down eco-design requirements which are necessary for achieving the aim of this Directive for defined EuPs or for environmental aspects thereof; |
| --- | --- |

(3)

‘Implementing measures’ means measures adopted pursuant to this Directive laying down eco-design requirements which are necessary for achieving the aim of this Directive for defined EuPs or for environmental aspects thereof;

| (4) | ‘Placing on the market’ means making an EuP available for the first time on the Community market
  , as a new or refurbished product,
  with a view to its distribution or use within the Community whether for reward or free of charge; |
| --- | --- |

(4)

‘Placing on the market’ means making an EuP available for the first time on the Community market
  , as a new or refurbished product,
  with a view to its distribution or use within the Community whether for reward or free of charge;

| (5) | ‘Putting into service’ means the first use in the Community by the end-user of an EuP for its intended purpose; |
| --- | --- |

(5)

‘Putting into service’ means the first use in the Community by the end-user of an EuP for its intended purpose;

| (6) | ‘Manufacturer’ means any natural or legal person responsible for the conformity of an EuP with this Directive in view of its being placed on the market under its own name or trademark or for its own use; |
| --- | --- |

(6)

‘Manufacturer’ means any natural or legal person responsible for the conformity of an EuP with this Directive in view of its being placed on the market under its own name or trademark or for its own use;

| (7) | ‘Authorised representative’ means any natural or legal person established in the Community who, explicitly designated by the manufacturer, acts on its behalf and may be addressed by authorities and bodies in the Community instead of the manufacturer with regard to the latter's obligations under this Directive; |
| --- | --- |

(7)

‘Authorised representative’ means any natural or legal person established in the Community who, explicitly designated by the manufacturer, acts on its behalf and may be addressed by authorities and bodies in the Community instead of the manufacturer with regard to the latter's obligations under this Directive;

| (8) | ‘Importer’ means any natural or legal person established in the Community, who first places an EuP on the market, where the manufacturer is not established in the Community and there is no authorised representative; |
| --- | --- |

(8)

‘Importer’ means any natural or legal person established in the Community, who first places an EuP on the market, where the manufacturer is not established in the Community and there is no authorised representative;

| (9) | ‘Independent notified body’ means a permanent body of experts that is designated by the public authorities and is independent of the economic interests concerned so that it may carry out thirdparty verification of the product or product sector addressed by an implementing measure; |
| --- | --- |

(9)

‘Independent notified body’ means a permanent body of experts that is designated by the public authorities and is independent of the economic interests concerned so that it may carry out thirdparty verification of the product or product sector addressed by an implementing measure;

| (10) | ‘Materials’ means raw materials, intermediate products and auxiliary materials |
| --- | --- |

(10)

‘Materials’ means raw materials, intermediate products and auxiliary materials

| (11) | ‘Product design’ means the set of processes that transform legal, technical, safety, functional, market or other requirements to be met by the product into the technical specification of an EuP; |
| --- | --- |

(11)

‘Product design’ means the set of processes that transform legal, technical, safety, functional, market or other requirements to be met by the product into the technical specification of an EuP;

| (12) | ‘Environmental aspect’ means a part or function of an EuP, at any stage in its life cycle,
  that can interact with the environment; |
| --- | --- |

(12)

‘Environmental aspect’ means a part or function of an EuP, at any stage in its life cycle,
  that can interact with the environment;

| (13) | ‘Environmental impact’ means any adverse change to the environment, wholly or partially resulting from
  an EuP at any stage in its life cycle
  ; |
| --- | --- |

(13)

‘Environmental impact’ means any adverse change to the environment, wholly or partially resulting from
  an EuP at any stage in its life cycle
  ;

| (14) | ‘Life cycle’ means the consecutive and interlinked stages of an EuP from
  raw material extraction
  to its final disposal; |
| --- | --- |

(14)

‘Life cycle’ means the consecutive and interlinked stages of an EuP from
  raw material extraction
  to its final disposal;

| (15) | ‘End of life’ means the state of an EuP that has reached the end of
  its use
  ; |
| --- | --- |

(15)

‘End of life’ means the state of an EuP that has reached the end of
  its use
  ;

| (16) | ‘Re-use’ means any operation by which an EuP or its components, having reached the end of their first use, are used for the same purpose for which they were conceived, including the continued use of an EuP, which is returned to a collection point, distributor, recycler or manufacturer, as well as re-use of an EuP following refurbishment; |
| --- | --- |

(16)

‘Re-use’ means any operation by which an EuP or its components, having reached the end of their first use, are used for the same purpose for which they were conceived, including the continued use of an EuP, which is returned to a collection point, distributor, recycler or manufacturer, as well as re-use of an EuP following refurbishment;

| (17) | ‘Recycling’ means the reprocessing in a production process of waste materials for the original purpose or for other purposes but excluding energy recovery. Energy recovery means the use of combustible waste as a means to generate energy through direct incineration with or without other waste but with recovery of the heat; |
| --- | --- |

(17)

‘Recycling’ means the reprocessing in a production process of waste materials for the original purpose or for other purposes but excluding energy recovery. Energy recovery means the use of combustible waste as a means to generate energy through direct incineration with or without other waste but with recovery of the heat;

| (18) | ‘Recovery’ means any of the applicable operations provided for in Annex II B to Directive 75/442/EEC; |
| --- | --- |

(18)

‘Recovery’ means any of the applicable operations provided for in Annex II B to Directive 75/442/EEC;

| (19) | ‘Waste’ means any substance or object in the categories set out in Annex I to Directive 75/442/EEC which the holder discards or intends or is required to discard; |
| --- | --- |

(19)

‘Waste’ means any substance or object in the categories set out in Annex I to Directive 75/442/EEC which the holder discards or intends or is required to discard;

| (20) | ‘Ecological profile’ means a description, in accordance with the implementing measure applicable to the EuP, of the inputs and outputs including, as appropriate, raw materials, intermediate products, emissions and waste, associated with an EuP throughout its lifecycle which are significant from the point of view of its environmental impact and are expressed in physical quantities that can be measured; |
| --- | --- |

(20)

‘Ecological profile’ means a description, in accordance with the implementing measure applicable to the EuP, of the inputs and outputs including, as appropriate, raw materials, intermediate products, emissions and waste, associated with an EuP throughout its lifecycle which are significant from the point of view of its environmental impact and are expressed in physical quantities that can be measured;

| (21) | ‘Environmental performance’ of an EuP means
  the sum total of its effects on the environment throughout its life cycle
  ; |
| --- | --- |

(21)

‘Environmental performance’ of an EuP means
  the sum total of its effects on the environment throughout its life cycle
  ;

| (22) | ‘Improvement of the environmental performance’ means the process of enhancing the overall environmental performance of an EuP, over successive generations,
  judged against a product ecodesign benchmark,
  although not necessarily with regard to all environmental aspects of the product simultaneously; |
| --- | --- |

(22)

‘Improvement of the environmental performance’ means the process of enhancing the overall environmental performance of an EuP, over successive generations,
  judged against a product ecodesign benchmark,
  although not necessarily with regard to all environmental aspects of the product simultaneously;

| (23) | ‘A product eco-design benchmark’ means taking as a reference the state of the art in eco-design as regards a particular environmental aspect. Where relevant, this shall make use of international benchmarks — especially as regards energy efficiency; |
| --- | --- |

(23)

‘A product eco-design benchmark’ means taking as a reference the state of the art in eco-design as regards a particular environmental aspect. Where relevant, this shall make use of international benchmarks — especially as regards energy efficiency;

| (24) | ‘Eco-design’ means the systematic integration of environmental aspects into product design with the aim of improving the environmental performance of the EuP throughout its whole life cycle; |
| --- | --- |

(24)

‘Eco-design’ means the systematic integration of environmental aspects into product design with the aim of improving the environmental performance of the EuP throughout its whole life cycle;

| (25) | ‘Eco-design requirement’ means any requirement in relation to an EuP, or the design of an EuP, intended to improve its environmental performance.
  The
  supply of information with regard to the ecological aspects of an EuP
  shall supplement this requirement
  ; |
| --- | --- |

(25)

‘Eco-design requirement’ means any requirement in relation to an EuP, or the design of an EuP, intended to improve its environmental performance.
  The
  supply of information with regard to the ecological aspects of an EuP
  shall supplement this requirement
  ;

| (26) | ‘Generic eco-design requirement’ means any eco-design requirement based on the ecological profile as a whole and not setting limit values on particular environmental aspects; |
| --- | --- |

(26)

‘Generic eco-design requirement’ means any eco-design requirement based on the ecological profile as a whole and not setting limit values on particular environmental aspects;

| (27) | ‘Specific eco-design requirement’ means a quantified and measurable eco-design requirement relating to a particular environmental aspect of an EuP, such as energy consumption during use, calculated for a given unit of output performance; |
| --- | --- |

(27)

‘Specific eco-design requirement’ means a quantified and measurable eco-design requirement relating to a particular environmental aspect of an EuP, such as energy consumption during use, calculated for a given unit of output performance;

| (28) | ‘Harmonised standard’ means a technical specification adopted by a recognised standards body under a mandate from the Commission in accordance with the procedures laid down in Directive 98/34/EC for the purpose of establishing a European requirement, compliance with which is not compulsory; |
| --- | --- |

(28)

‘Harmonised standard’ means a technical specification adopted by a recognised standards body under a mandate from the Commission in accordance with the procedures laid down in Directive 98/34/EC for the purpose of establishing a European requirement, compliance with which is not compulsory;

| (29) | ‘Lowest life cycle cost’ means the sum of the purchase price and the discounted running cost over a realistic life-time of an EuP; |
| --- | --- |

(29)

‘Lowest life cycle cost’ means the sum of the purchase price and the discounted running cost over a realistic life-time of an EuP;

Article 3

Market surveillance

Member States shall take all appropriate measures to ensure that EuPs covered by implementing measures
  or voluntary agreements as referred to in Article 16
  may be placed on the market and put into service only if they comply with those measures.

Member States shall designate the authorities responsible for applying this Directive.

They shall arrange for such authorities to enjoy and exercise the necessary powers to take the appropriate measures incumbent upon them under this Directive.

Member States shall define the tasks, powers and organisational arrangements of the competent authorities, which shall be entitled:

| (i) | to organise, even after EuPs have been placed on the market, appropriate checks of their compliance, on an adequate scale, and to oblige the manufacturer or Importer to recall non-complying products from the market, |
| --- | --- |

(i)

to organise, even after EuPs have been placed on the market, appropriate checks of their compliance, on an adequate scale, and to oblige the manufacturer or Importer to recall non-complying products from the market,

| (ii) | to require the provision of all necessary information by the parties concerned, as specified in the implementing measures or voluntary agreements, |
| --- | --- |

(ii)

to require the provision of all necessary information by the parties concerned, as specified in the implementing measures or voluntary agreements,

| (iii) | to take samples of products and subject them to compliance checks. |
| --- | --- |

(iii)

to take samples of products and subject them to compliance checks.

Member States shall keep the Commission informed and, where appropriate, the Commission shall pass on such information to the other Member States.

Member States shall ensure that consumers and other interested parties are given an opportunity to submit complaints to the competent authorities on product compliance and on surveillance. Member States shall actively inform consumers and other interested parties of the procedures established to that end.

Article 4

Marking and declaration of conformity

1.   Before an EuP covered by implementing measures is placed on the market, CE conformity marking shall be affixed
  , provided that the conditions laid down in Annex III are met,
  and a declaration of conformity issued, whereby the manufacturer or its authorised representative ensures and declares that the EuP complies with all relevant
  requirements
  of the applicable implementing measure.

Where a manufacturer is not established in the European Community, and where no authorised representative has been appointed, the Importer must ensure that a declaration of conformity is drawn up and that it meets all legal requirements.

2.   The CE conformity marking consists of the initials ‘CE’ as shown in Annex III.

3.   The declaration of conformity shall contain the elements specified in Annex V.

4.   The affixing of markings on EuPs which are likely to mislead users as to the meaning or form of the CE marking shall be prohibited.

5.   Member States may require the information to be supplied pursuant to part 3 of Annex I to be in their official language(s) when the EuP reaches the final user. Member States
  shall not prevent
  this information from also being provided in one or more other official Community language(s).

When applying the first subparagraph, Member States shall take into account in particular:

| (a) | whether the information can be supplied by harmonised symbols or recognised codes or other measures; |
| --- | --- |

(a)

whether the information can be supplied by harmonised symbols or recognised codes or other measures;

| (b) | the type of user anticipated for the EuP and the nature of the information which is to be provided. |
| --- | --- |

(b)

the type of user anticipated for the EuP and the nature of the information which is to be provided.

Article 5

Free movement

1.   Member States shall not
  on grounds of requirements relating to environmental aspects covered by applicable implementing measures
  , create any obstacle to the placing on the market and/or putting into service, within their
  territories, of an EuP that complies with all the relevant provisions of the applicable implementing measure and bears the CE marking in accordance with Article 4.

2.   Member States shall not prevent the showing, for example at trade fairs, exhibitions and demonstrations, of EuPs which are not in conformity with the
  requirements
  of the applicable implementing measure, provided that a visible sign clearly indicates their non-conformity and the fact that they are not available for sale until brought into conformity.

Article 6

Restriction of placing on the market

1.   Where a Member State ascertains that an EuP bearing the CE marking referred to in Article 4 and used in accordance with its intended use, does not comply with all the relevant
  requirements
  of the applicable implementing measure, and that the CE marking has been affixed unduly, the manufacturer or its authorised representative shall be obliged to make the EuP comply with the
  requirements
  of the applicable implementing measure and/or with the CE marking and to end the infringement under conditions imposed by the Member State.

In special cases, the competent authority may immediately prohibit the sale of the EuP in the territory of the Member State or throughout the European Union until compliance is established.

Where the manufacturer is not established in the Community and there is no authorised representative, the Importer shall be under an obligation to make the EuP comply with the requirements of the applicable implementing measure.

Where non compliance continues, the Member State shall restrict or prohibit the placing on the market of the EuP in question or ensure that it is withdrawn from the market.

2.   Any decision by a Member State pursuant to this Directive which restricts the placing on the market and/or the putting into service of a EuP shall state the exact grounds on which it is based.

Such decision shall be notified forthwith to the party concerned, who shall at the same time be informed of the legal remedies available under the laws in force in the Member State concerned and of the time limits to which such remedies are subject.

3.   The Member State shall immediately inform the Commission and the other Member States of any measure referred to in paragraph 1, indicating the reasons therefor, and, in particular, whether non-compliance is due to:

| (a) | failure to satisfy the requirements of the applicable implementing measure; |
| --- | --- |

(a)

failure to satisfy the requirements of the applicable implementing measure;

| (b) | incorrect application of the harmonised standards referred to in Article 9(2); |
| --- | --- |

(b)

incorrect application of the harmonised standards referred to in Article 9(2);

| (c) | shortcomings in the harmonised standards referred to in Article 9(2). |
| --- | --- |

(c)

shortcomings in the harmonised standards referred to in Article 9(2).

4.   The Commission shall enter into consultation with the parties concerned without delay and may draw upon technical advice from independent external experts.

Where, following that consultation, the Commission considers, that the measure is justified, it shall immediately inform the Member State which took the initiative and the other Member States to that effect.

Where the Commission considers that the measure is unjustified, it shall immediately inform the Member States to that effect.

5.   Where the decision referred to in the first subparagraph of paragraph 1 of this Article is based on a shortcoming in the harmonised standards, the Commission shall immediately initiate the procedure set out in Article 9(2), (3) and (4). The Commission shall at the same time inform the Committee referred to in Article 21(1).

6.   Where an EuP which does not comply with all the relevant
  requirements
  of the applicable implementing measure bears the CE marking, the Member State concerned shall take appropriate action against the manufacturer or its authorised representative having affixed the CE marking
  , or the Importer having placed the EuP on the Community market,
  and shall inform the Commission and the other Member States to that effect.

7.   The Member States and the Commission shall take the necessary measures to guarantee confidentiality with regard to information provided during that procedure, where justified.
  Member States and the Commission shall inform the public about confirmed instances of non-compliance.

8.   The decisions taken by Member States pursuant to this Article shall be made public.

The Commission's opinion on those decisions shall be published in the Official Journal of the European Union.

Article 7

Conformity assessment

1.   Before placing a EuP covered by implementing measures on the market, the manufacturer shall perform a conformity assessment of the EuP with all the relevant
  requirements
  of the applicable implementing measure.

2.   The conformity assessment procedures shall be specified by the implementing measures
  by
  the internal design control set out in Annex IV.
  The
  conformity assessment procedure
  module
  B as described in Decision 93/465/EEC
  may involve verification or may be specified among other modules when duly justified.

The conformity assessment procedure shall provide that environmental performance declarations are submitted to the relevant authorities in accordance with the eco-design requirements laid down in the implementing measure.

To that end, standard declaration forms for the relevant elements shall be specified in the implementing measure and Member States shall designate the bodies responsible for receiving the data, at national and/or Community level.

3.
     
  The control authority shall automatically refer to an independent notified body any EuP whose compliance with the requirements set in implementing measures is in serious doubt.

The notified body shall give the control authority its substantiated opinion in order to allow a timely assessment of the corrective action needed, if any.

4.   After placing an EuP covered by implementing measures on the market, the manufacturer or its authorised representative shall keep relevant documents relating to the conformity assessment performed and declarations of conformity issued available for inspection by Member States for a period of 10 years after the last EuP has been manufactured.

The relevant documents shall be made available within 10 days upon receipt of a request by the competent authority of a Member State.

5.   Where the manufacturer is not established within the Community and in the absence of an authorised representative, the obligation to ensure that the EuP placed on the market conforms with the requirements of the applicable implementing measure shall lie with the Importer.

6.   Documents relating to the conformity assessment and declaration of conformity referred to in Article 4 shall be drawn up in one of the official languages of the Community.

Article 8

Presumption of conformity

1.   Member States shall regard EuPs bearing the CE marking referred to in Article 4 as conforming to the relevant
  requirements
  of the applicable implementing measure.

2.   EuPs for which harmonised standards have been applied, the reference numbers of which have been published in the Official Journal of the European Union, shall be presumed to comply with all the relevant
  requirements
  of the applicable implementing measure to which such standards relate.

3.   EuPs which have been awarded the Eco-label pursuant to Regulation (EC) No 1980/2000 shall be presumed to comply with the eco-design requirements of the applicable implementing measure insofar as those requirements are met by the Eco-label.

Article 9

Harmonised Standards

1.   Member States shall ensure that appropriate measures are taken to enable interested parties to be consulted at national level on the process of preparing and monitoring the harmonised standards.
  This should include actively supporting and funding the appropriate participation of interested groups, in particular civil society organisations, at national level.

2.   Where a Member State or the Commission considers that the harmonised standards, the application of which is deemed to satisfy specific
  requirements
  of an applicable implementing measure, do not entirely satisfy them, the Member State concerned or the Commission shall inform the Standing Committee set up by Article 5 of Directive 98/34/EC to that effect giving the reasons.

The Committee shall issue an opinion as a matter of urgency.

3.   In the light of the Committee's opinion, the Commission shall decide to publish, not to publish, to publish with restriction, to maintain or to withdraw the references to the harmonised standards concerned in the Official Journal of the European Union.

4.   The Commission shall inform the European Standardisation body concerned and, if necessary, issue a new mandate with a view to the revision of the harmonised standards concerned.

Article 10

Requirements for components and sub-assemblies

In accordance with implementing measures, Member States shall ensure that manufacturers of components or sub-assemblies of EuP provide, at the request of other manufacturers making use of the component or sub-assembly in a EuP covered by an implementing measure, all information necessary for the establishment of the ecological profile of the EuP.

Implementing measures may require manufacturers
  of parts, components or sub-assemblies of EuPs
  to provide
  manufacturers of EuPs with
  information on the material composition and the consumption of energy and/or resources of the
  parts,
  components or sub-assemblies they produce, and where available, the results of environmental assessments and/or case reference studies which relate to the use and end-oflife management of the
  parts,
  components or sub-assemblies concerned.

Article 11

Administrative co-operation and exchange of information

1.   Member States shall designate the authorities responsible for applying this Directive.

They shall encourage those authorities to co-operate with each other and provide each other with information in order to facilitate the application of this Directive.

The administrative co-operation and exchange of information shall take utmost advantage of electronic means of communication and may be supported by relevant Community programmes.

In order to obtain an independent assessment of the information, the Executive Agency of the ‘Intelligent Energy — Europe (2003-2006)’ programme should consult experts, and should be provided with the necessary financial resources to do so.

Member States shall put in place a network of databases accessible to the public which might contain, inter alia, simplified analytical models of product lifecycles, positive environmental impact simulations for each stage of the lifecycle, and the eco-design requirements to be taken into account as a priority in order to reduce the energy and water consumption of and the noise pollution caused by products.

The Member States shall ensure, in particular by strengthening support networks and structures, that they encourage SMEs and very small firms to adopt an environmentally sound approach as early as the product design stage, so as to ensure continuous eco-design improvement and to anticipate the need for future European legislation.

2.
     
  Member States shall ensure that SMEs have the necessary eco-design and adaptation resources. This support shall provide, for example, product design solutions or data to support re-design solutions, training and expertise in an accessible format.

3.
     
  For third party verification of conformity assessments Member States shall designate independent, expert, notified bodies, as required under Article 7.

4.
     
  The exchange of product environmental performance information between manufacturers and authorities and among authorities shall be provided for. The information shall be centrally processed and made available to public scrutiny in a useful format.

To that end, standard reporting forms for the relevant elements shall be specified in the implementing measure and Member States shall designate the bodies responsible for collecting and processing the data, at national and/or Community level.

5.   Specifications and structure of the exchange of information between the Commission and Member States shall be decided in accordance with the procedure referred to in Article 21(2).

6.
     
  Specific funding shall be allocated for the creation of an energy efficiency advocacy network.

Article 12

Measures for SMEs and very small firms

1.
     
  To enable SMEs and very small firms to comply with the provisions of this Directive it is proposed that the Commission establish a database accessible to the public which might contain, inter alia, simplified analytical models of product lifecycles, positive environmental impact simulations for each stage of the lifecycle and the eco-design requirements to be taken into account as a priority in order to reduce the energy and water consumption of and the noise pollution caused by products.

2.
     
  The Member States shall ensure, in particular by strengthening support networks and structures, that they encourage SMEs and very small firms to adopt an environmentally sound approach as early as at the product design stage and to adapt to future European legislation.

Article 13

Consumer Information

1.
     
  Manufacturers and distributors shall ensure that consumers of eco-designed energy-using products are provided with the requisite information, in such form as they deem appropriate, on:

| (a) | the environmental impact of the product throughout its lifecycle; |
| --- | --- |

(a)

the environmental impact of the product throughout its lifecycle;

| (b) | the ecological profile of the product and the benefits of eco-design; |
| --- | --- |

(b)

the ecological profile of the product and the benefits of eco-design;

| (c) | the role that they may play in reducing energy consumption by sustainable use of the product. |
| --- | --- |

(c)

the role that they may play in reducing energy consumption by sustainable use of the product.

2.
     
  The Member States, in cooperation with the national and/or regional environment management agencies, shall encourage the publication of a guide entitled: ‘Energy Hints’ aimed principally at European families.

Article 14

Implementing measures

1.   The Commission, acting in accordance with the procedure referred to in Article 21(2), and pursuing Community environmental priorities, such as those set out in Decision No 1600/2002/EC, in Directive 2000/60/EC, in Directive 96/62/EC, in Directive 75/442/EEC,
  in the OSPAR Convention and in other relevant EU environmental legislation and strategies, and having regard to the goal set in the Kyoto Protocol to the United Nations Framework Convention on Climate Change (UNFCCC), shall
  adopt implementing measures
  when
  the following criteria
  are met
  :

| (a) | with regard to the selection of the EuP to be covered:






  (i) | the EuP represents a significant volume of sales and trade; |
| --- | --- | --- |

(a)

with regard to the selection of the EuP to be covered:

(i)

the EuP represents a significant volume of sales and trade;

| (ii) | the EuP has a significant environmental impact; |
| --- | --- |

(ii)

the EuP has a significant environmental impact;

| (iii) | the EuP presents significant potential for improvement in terms of its environmental
  impact, |
| --- | --- |

(iii)

the EuP presents significant potential for improvement in terms of its environmental
  impact,

| (b) | as regards
  to the content of the measure:






  (i) | the entire life cycle of the product shall be considered; |
| --- | --- | --- |

(b)

as regards
  to the content of the measure:

(i)

the entire life cycle of the product shall be considered;

| (ii) | the performance of the product, from the perspective of the user, shall not be significantly affected; |
| --- | --- |

(ii)

the performance of the product, from the perspective of the user, shall not be significantly affected;

| (iii) | health and safety shall not be adversely affected; |
| --- | --- |

(iii)

health and safety shall not be adversely affected;

| (iv) | there should be no significant negative impact on consumers in particular as regard the affordability and the life cycle cost of the
  product
  . |
| --- | --- |

(iv)

there should be no significant negative impact on consumers in particular as regard the affordability and the life cycle cost of the
  product
  .

2.
     
  Should the Commission have justified reasons for declining to adopt an implementing measure, such as the existence of a voluntary agreement which achieves the policy objectives more quickly or at lesser expense than mandatory requirements, it shall formally justify its decision in that regard to the Council and the European Parliament.

3.   The implementing measures shall lay
  down specific
  eco-design requirements in accordance with Annex II.

Generic
  eco-design requirements
  , fixed in accordance with Annex I, shall be introduced, in addition to specific requirements, in particular where this is necessary for achieving of knowledge-building objectives and the stimulating innovation.

4.   The implementing measures shall include the information listed in Annex VI and shall establish quantitative targets for the levels of random third party pre-distribution verification as well as provisions on regular reporting by Member States to the Commission on these activities. The percentage of products to be tested shall be set according to the market situation of products.

5.
     
  The implementing measures shall be subject to revision and, if necessary, adaptation to technical progress every three years.

6.
     
  When drafting the standards, the Commission shall use the know-how accumulated for setting EU-wide labels.

Article 15

Work plan

Within 12 months of the adoption of the present Directive, and in accordance with the procedure referred to in Article 21, the Commission shall adopt implementing measures at least for those products which have been identified by the European Climate Change Programme (ECCP) as offering a high potential for cost-effective reduction of greenhouse gas emissions, such as heating and water heating equipment, electric motor systems, lighting in both the domestic and tertiary sectors, domestic appliances, office equipment both in the domestic and tertiary sectors, consumer electronics and HVAC (heating ventilating air conditioning) systems.

A separate implementing measure reducing stand-by losses of all products shall be presented by the Commission within 12 months of the adoption of the present Directive. For ICT products, off-mode consumption should as a general principle be minimised as far as is technically possible.

Should the Commission have justified reasons for declining to present a proposal in the above-mentioned fields, such as the existence of a voluntary agreement which achieves the policy objectives more quickly or at lesser cost than mandatory requirements, it shall formally justify its decision in that regard to the European Parliament and the Council.

Following consultation of the Eco-Design Board, as provided for in Article 20, the Commission, taking account of the overall environmental impact, shall set out a work plan for the following three years with an indicative list of the product groups to be considered as priorities for the adoption of implementing measures, and shall present the plan to the European Parliament and the Council. The list of product groups shall be adapted periodically by the Commission in consultation with the Committee referred to in Article 21.

Every five years, the Commission shall submit to the European Parliament and to the Council a report setting out the results obtained in areas where implementing measures have been put in place and where voluntary industry agreements are being applied.

Article 16

Self regulation

Voluntary agreements or other self-regulation measures proposed shall be subject to the full scrutiny of the Eco-Design Board, which shall have recourse to analytical studies so as to determine how suitable they are for achieving the desired outcomes, including their level of ambitiousness, the objectives set and the reporting and review procedures envisaged, in addition to the minimum eligibility criteria set out in Annex VII.

Article 17

Existing implementing measures

Directives 92/42/EEC, 96/57/EC and 2000/55/EC shall be considered as implementing measures within the meaning of this Directive for domestic hot-water boilers, domestic refrigeration appliances and ballasts for fluorescent lighting respectively with regard to energy efficiency during use.

Article 18

Derogations

As far as local environmental problems are concerned, this Directive shall not affect the right of Member States to keep or introduce, in accordance with the Treaty, more stringent rules concerning the manufacture, import, sale or consumption of energy-using products which they deem necessary in order to achieve a high level of protection of the environment and public health and security of energy supply, provided that such rules do not prejudice the rules laid down in this Directive.

Article 19

Independent body of experts

For the purposes of benchmarking, independent analyses and assisting the Commission in setting ecodesign requirements in implementing measures, an independent body of experts shall be created. This may form part of existing Agencies or require the creation of new structures, provided that independent expertise on all potential environmental aspects is available. This body shall be provided with the necessary financial resources, part of which may be derived from the ‘Intelligent Energy — Europe (2003-2006)’ programme.

Article 20

Eco-Design Board

The Commission shall establish an Eco-Design Board with balanced participation of all relevant interested parties, such as industry and service providers, including SMEs, craftsmen and their business organisations, trade unions, traders, retailers, Importers, energy efficiency experts, eco-design pioneers, environmental protection groups and consumer organisations. The Board shall in particular contribute to defining and reviewing implementing measures and assessing self-regulation measures.

The Eco-Design Board shall meet in parallel with the Committee referred to in Article 21.

The rules of procedure of the Board shall be established by the Commission in accordance with the procedure referred to in Article 21 and shall include provisions on funding the participation of relevant civil society groups.

Article 21

Committee

1.   The Commission shall be assisted by a committee, hereinafter referred to as the ‘Committee’, composed of representatives of the Member States and chaired by the representative of the Commission.

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

The period referred to in Article 5(6) of Decision 1999/468/EC shall be three months.

3.   The Committee shall adopt its rules of procedure.

Article 22

Penalties

The Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to
  implementing measures under
  this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive
  , taking into account the degree of non-compliance and the quantities of non-complying products placed on the Community market before being prohibited by a Member State. In accordance with national practice, the penalties shall be entirely devoted to funding the activities of the control authorities.
  The Member States shall notify such provisions to the Commission by the date specified in the first subparagraph of Article 26(1) at the latest and shall notify it without delay of any subsequent amendment affecting them.
  The Commission shall notify each Member State of any penalty imposed in the Community pursuant to this Directive.

Article 23

Amendment

Directive 92/42/EEC is amended as follows:

| (1) | Article 6 is deleted. |
| --- | --- |

(1)

Article 6 is deleted.

| (2) | Annex I, section 2, is deleted. |
| --- | --- |

(2)

Annex I, section 2, is deleted.

Article 24

Repeals

Directives 78/170/EEC and 86/594/EEC are repealed.

Article 25

Review

The Commission shall review the effectiveness of this Directive, in particular in light of the Thematic Strategy on Sustainable Use of Natural Resources. On the basis of appropriate studies and stakeholder consultation, the Commission shall present proposals to the European Parliament and the Council for amending this Directive five years after its entry into force.

Article 26

Transposition

1.   Member States shall adopt and publish, by 31 December 2005 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

They shall apply those provisions with effect from 1 July 2006.

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

2.   Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive.

Article 27

Entry into force

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

Article 28

Addressees

This Directive is addressed to the Member States.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C [...], [...], p. [...].

1

(2)  OJ C [...], [...], p. [...].

2

(3)  OJ C [...], [...], p. [...].

3

(4)  Position of the European Parliament of 20 April 2004.

4

Position of the European Parliament of 20 April 2004.

(5)  Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme (OJ L 242, 10.9.2002, p. 1).

5

(6)  COM(2000) 88 final.

6

(7)  Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).

7

(8)  Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management (OJ L 296, 21.11.1996, p. 55).

8

(9)  Council Directive 75/442/EEC of 15 July 1975 on waste (OJ L 194, 25.7.1975, p. 39). Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

9

(10)  Council Directive 76/769/EEC of 27 July 1976 on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (OJ L 262, 27.9.1976, p. 201). Directive as last amended by Commission Directive 2004/21/EC (OJ L 57, 25.2.2004, p. 4).

10

(11)  OJ L ...

11

(12)  COM(2001) 68 final.

12

COM(2001) 68 final.

(13)  Council Decision 2002/358/EC of 25 April 2002 concerning the approval, on behalf of the European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfilment of commitments thereunder (OJ L 130, 15.5.2002, p. 1).

13

Council Decision 2002/358/EC of 25 April 2002 concerning the approval, on behalf of the European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfilment of commitments thereunder (OJ L 130, 15.5.2002, p. 1).

(14)  Commission Decision 2004/20/EC of 23 December 2003 setting up an agency, the ‘Intelligent Energy Executive Agency’ to manage Community action in the field of energy in application of Council Regulation (EC) No 58/2003 (OJ L 5, 9.1.2004, p. 85).

14

(15)  OJ L 220 of 30.8.1993, p. 23.

15

(16)  Decision No 1230/2003/EC of the European Parliament and of the Council of 26 June 2003 adopting a multi-annual programme for action in the field of energy: ‘Intelligent Energy — Europe’ (2003-2006) (OJ L 176, 15.7.2003, p. 29).

16

(17)  OJ L 204 of 21.7.1998, p. 37. Directive as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p. 18).

17

Directive

(18)  OJ C 136, 4.6.1985, p. 1.

18

(19)  OJ C 141, 19.5.2000, p. 1.

19

(20)  OJ L 297, 13.10.1992, p. 16. Directive amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

20

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

(21)  OJ L 237, 21.9.2000, p. 1.

21

(22)  OJ L 332, 12.12.2001, p. 1.

22

(23)  OJ L 37, 13.2.2003, p. 24. Directive amended by Directive 2003/108/EC (OJ L 345, 31.12.2003, p. 106).

23

Directive amended by Directive 2003/108/EC (OJ L 345, 31.12.2003, p. 106).

(24)  OJ L 37, 13.2.2003, p. 19.

24

(25)  OJ L 167, 22.6.1992, p. 17. Directive amended by Directive 2004/8/EC of the European Parliament and of the Council (OJ L 52, 21.2.2004, p. 50).

25

Directive amended by Directive 2004/8/EC of the European Parliament and of the Council (OJ L 52, 21.2.2004, p. 50).

(26)  OJ L 236, 18.9.1996, p. 36.

26

(27)  OJ L 279, 1.11.2000, p. 33.

27

(28)  OJ L 52, 23.2.1978, p. 32. Directive amended by Directive 82/885/EEC (OJ L 378, 31.12.1982, p. 19).

28

Directive

(29)  OJ L 196, 26.7.1990, p. 15. Directive amended by Directive 93/68/EEC (OJ L 220, 30.8.1993, p. 1).

29

Directive

(30)  OJ L 1, 4.1.2003, p. 65.

30

(31)  OJ L 344, 6.12.1986, p. 24. Directive amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

31

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

32

(33)  OJ L 293, 22.11.2000, p. 24.

33

ANNEX I

METHODS FOR SETTING GENERIC ECO-DESIGN REQUIREMENTS

Generic eco-design requirements aim at improving the environmental performance of the product, focusing on significant environmental aspects thereof without setting limit values. The Commission shall identify significant environmental aspects during the preparation of the draft measure to be submitted to the Committee referred to in Article 21, which shall be specified in the
  implementing measure.

Implementing measures laying down generic eco-design requirements pursuant to Article 14(4) shall identify, as appropriate for the EuP covered by the implementing measure in question, the applicable methodology and eco-design parameters from amongst those listed in parts 1 and 2 and the information supply requirements from amongst those listed in part 3.

All data, analyses and eco-profiles shall be available for scrutiny by the Eco-Design Board, in the course of its assessment and determination of the implementing measure and any subsequent benchmarking or profiling.

Part 1. General Provisions

In order to select the parameters for an implementing measure,
  an assessment of the environmental aspects of a representative EuP model throughout its lifecycle
  shall be performed
  , based upon realistic assumptions about normal conditions and about the purposes of its use.

The assessment process and the implementing measure shall include, in particular, parameters from amongst those set out in part 2.

The
  implementing measure
  shall concentrate on and give priority to those factors which are capable of being influenced through product design.
  The relevant eco-design parameters will be specified in the implementing measure
  .

On the basis of this assessment, the independent body of experts, with the co-operation of manufacturers providing data
  ,
  will establish the ecological profile of the state of the art in eco-design. That profile shall be based on environmentally relevant product characteristics and inputs/outputs occurring throughout the product life cycle.

Part 2. Eco-Design parameters for EuP

2.1   The assessment described in part 1 of this Annex shall
  address the
  following phases of the lifecycle of the product in so far as they relate to product design:

| (a) | raw material acquisition |
| --- | --- |

(a)

raw material acquisition

| (b) | manufacturing |
| --- | --- |

(b)

manufacturing

| (c) | packaging, transport, and distribution |
| --- | --- |

(c)

packaging, transport, and distribution

| (d) | installation and maintenance |
| --- | --- |

(d)

installation and maintenance

| (e) | use |
| --- | --- |

(e)

use

| (f) | end-of-life. |
| --- | --- |

(f)

end-of-life.

2.2   For each phase, the following environmental aspects shall be assessed where relevant:

| (a) | predicted consumption of materials, of energy and of other resources such as fresh water |
| --- | --- |

(a)

predicted consumption of materials, of energy and of other resources such as fresh water

| (b) | anticipated emissions to air, water or soil |
| --- | --- |

(b)

anticipated emissions to air, water or soil

| (c) | anticipated pollution through physical effects such as noise, vibration, radiation, electromagnetic fields |
| --- | --- |

(c)

anticipated pollution through physical effects such as noise, vibration, radiation, electromagnetic fields

| (d) | expected generation of waste material |
| --- | --- |

(d)

expected generation of waste material

| (e) | possibilities for reuse, recycling and recovery of materials and/or of energy taking into account Directive 2002/96/EC. |
| --- | --- |

(e)

possibilities for reuse, recycling and recovery of materials and/or of energy taking into account Directive 2002/96/EC.

2.3   In particular, the following parameters shall be used, as appropriate, and supplemented by others, where necessary, for evaluating the potential for improvement on the environmental aspects mentioned in the previous paragraph:

| (a) | Weight and volume of the product |
| --- | --- |

(a)

Weight and volume of the product

| (b) | use of materials issued from recycling activities |
| --- | --- |

(b)

use of materials issued from recycling activities

| (c) | energy consumption throughout the life cycle |
| --- | --- |

(c)

energy consumption throughout the life cycle

| (d) | use of substances classified as hazardous to health and/or the environment according to Directive 67/548/EEC (1) and taking into account legislation on the marketing and use of specific substances, such as 76/769/EEC or 2002/95/EC. |
| --- | --- |

(d)

use of substances classified as hazardous to health and/or the environment according to Directive 67/548/EEC (1) and taking into account legislation on the marketing and use of specific substances, such as 76/769/EEC or 2002/95/EC.

| (e) | quantity and nature of consumables needed for proper use and maintenance |
| --- | --- |

(e)

quantity and nature of consumables needed for proper use and maintenance

| (f) | Ease for reuse and recycling as expressed through: number of materials and components used, use of standard components, time necessary for disassembly, complexity of tools necessary for disassembly, use of component and material coding standards for the identification of components and materials suitable for re-use and recycling (including marking of plastic parts according to ISO), use of easily recyclable materials, easy access to valuable and other recyclable components and materials; easy access to components and materials containing hazardous substances |
| --- | --- |

(f)

Ease for reuse and recycling as expressed through: number of materials and components used, use of standard components, time necessary for disassembly, complexity of tools necessary for disassembly, use of component and material coding standards for the identification of components and materials suitable for re-use and recycling (including marking of plastic parts according to ISO), use of easily recyclable materials, easy access to valuable and other recyclable components and materials; easy access to components and materials containing hazardous substances

| (g) | Incorporation of used components |
| --- | --- |

(g)

Incorporation of used components

| (h) | Avoidance of technical solutions detrimental to reuse and recycling of components and whole appliances |
| --- | --- |

(h)

Avoidance of technical solutions detrimental to reuse and recycling of components and whole appliances

| (i) | Extension of lifetime as expressed through: minimum guaranteed lifetime, minimum time for availability of spare parts, modularity, upgradeability, reparability |
| --- | --- |

(i)

Extension of lifetime as expressed through: minimum guaranteed lifetime, minimum time for availability of spare parts, modularity, upgradeability, reparability

| (j) | Amounts of waste generated and amounts of hazardous waste generated |
| --- | --- |

(j)

Amounts of waste generated and amounts of hazardous waste generated

| (k) | Emissions to air (greenhouse gases, acidifying agents, volatile organic compounds, ozone depleting substances, persistent organic pollutants, heavy metals, fine particulate and suspended particulate matter) without prejudice to Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery (2) |
| --- | --- |

(k)

Emissions to air (greenhouse gases, acidifying agents, volatile organic compounds, ozone depleting substances, persistent organic pollutants, heavy metals, fine particulate and suspended particulate matter) without prejudice to Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery (2)

| (l) | Emissions to water (heavy metals, substances with an adverse effect on the oxygen balance, persistent organic pollutants) |
| --- | --- |

(l)

Emissions to water (heavy metals, substances with an adverse effect on the oxygen balance, persistent organic pollutants)

| (m) | Emissions to soil (especially leakage and spills of dangerous substances during usage phase of products, and the potential for leaching upon disposal as waste). |
| --- | --- |

(m)

Emissions to soil (especially leakage and spills of dangerous substances during usage phase of products, and the potential for leaching upon disposal as waste).

2.4   
  Manufacturers shall ensure that they take all reasonable steps to place on the market only such electrical and electronic equipment which, so far as is practical and consistent with safety requirements, has been designed and manufactured in a such a way as not to prevent:

| (a) | it being re-used, in whole appliances or in parts (components, sub-assemblies and consumables); |
| --- | --- |

(a)

it being re-used, in whole appliances or in parts (components, sub-assemblies and consumables);

| (b) | it being able to be used in conjunction with re-usable or re-used components, sub-assemblies and consumables; |
| --- | --- |

(b)

it being able to be used in conjunction with re-usable or re-used components, sub-assemblies and consumables;

| (c) | it being recycled in whole or part. |
| --- | --- |

(c)

it being recycled in whole or part.

Part 3. Information supply requirements

The implementing measure shall include information that may influence the way the EuP is handled, used or recycled by parties other than the manufacturer including, where applicable:

| — | instructions relating to the manufacturing process; |
| --- | --- |

—

instructions relating to the manufacturing process;

| — | information for consumers on the significant environmental characteristics and performance of a product, accompanying the product when it is placed on the market to allow the consumer to compare these aspects of the product; |
| --- | --- |

—

information for consumers on the significant environmental characteristics and performance of a product, accompanying the product when it is placed on the market to allow the consumer to compare these aspects of the product;

| — | instructions for consumers/users on how to install, use and maintain the product in order to minimise its impact on the environment and to ensure optimal life-expectancy, as well as how to return the product at the end of its life; |
| --- | --- |

—

instructions for consumers/users on how to install, use and maintain the product in order to minimise its impact on the environment and to ensure optimal life-expectancy, as well as how to return the product at the end of its life;

| — | information on treatment facilities concerning disassembly, recycling or disposal at end-of-life. Basic information shall be found on the product itself wherever possible. |
| --- | --- |

—

information on treatment facilities concerning disassembly, recycling or disposal at end-of-life. Basic information shall be found on the product itself wherever possible.

This information shall take into account obligations under other Community legislation, such as Directive 2002/96/EC.

---

(1)  Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (OJ 196, 16.8.1967, p. 1). Directive last amended by Regulation (EC) No 807/2003.

(2)  OJ L 59, 27.2.1998, p. 1. Directive as last amended by the 2004 Act of Accession (OJ L 236, 23.9.2003, p. 703).

ANNEX II

METHOD FOR SETTING THE LEVEL OF SPECIFIC ECO-DESIGN REQUIREMENTS

Specific eco design requirements aim at improving a selected environmental aspect of the product. They may take the form of requirements for reduced consumption of a given resource, such as limits for the use of this resource in the various stages of the life cycle, as appropriate (e.g. limits in the water consumption in the use phase or in the quantities of a given material incorporated in the product or minimum required quantities of recycled material).

In order to select the environmental aspects for an implementing measure, an assessment of all the environmental aspects of a representative EuP model throughout its lifecycle shall be performed, based upon realistic assumptions about normal conditions and about its proposed use.

The assessment process and the implementing measure shall include, in particular, parameters from amongst those set out in part 2 of Annex I.

The assessment shall concentrate on and give priority to those factors which are capable of being influenced through product design.

Given the urgency of the need for energy efficiency measures, steps shall be taken to establish specific design requirements directly, independently of the other environmental aspects under evaluation.

For aspects chosen for an implementing measure other than energy consumption in use, the independent body of experts, with the co-operation of manufacturers providing data, will establish the ecological profile of the state of the art in eco-design. That profile shall be based on environmentally relevant product characteristics and inputs/outputs occurring throughout the product life cycle, expressed in physical quantities that can be measured.

The level of a specific eco-design requirement for a given EuP shall be set as follows:

1. A technical and economic analysis selects a number of representative models of the EuP in question on the market and identifies the technical options for improving the environmental performance of the product, keeping sight of the economic viability of the options and avoiding any significant loss of performance or of usefulness for consumers.

On the basis of this analysis and taking into account potential for improvement,
  specific requirements shall be established
  with a view to
  minimising
  the product's environmental impact.

Concerning energy consumption in use,
  specific eco-design requirements shall be established at either the level of the best performing product available on the market or at the level of the lowest life-cycle cost.

For the purposes of identifying that level, an analysis shall be performed by an analyst or a group of analysts chosen for their competence in the field, but independent from interested parties.

A number of representative models of the EuP in question on the market shall be selected.

From this selection:

| (a) | the best-performing model available on the market shall be identified and the energy in-use consumption requirement shall be adapted accordingly, specifying the adaptation time frame; or |
| --- | --- |

(a)

the best-performing model available on the market shall be identified and the energy in-use consumption requirement shall be adapted accordingly, specifying the adaptation time frame; or

| (b) | a base-case model shall be identified among the least efficient ones vis-à-vis the specific eco-design requirement (depending on the specificity of certain markets and the service provided to the enduser, several base-case models may be considered). The technical options for improving the environmental performance of the product shall be listed as exhaustively as possible. These technical options for improving the specific resource performance of the EuP shall guarantee that all other performances and amenities for the consumer are at least maintained or at best improved. |
| --- | --- |

(b)

a base-case model shall be identified among the least efficient ones vis-à-vis the specific eco-design requirement (depending on the specificity of certain markets and the service provided to the enduser, several base-case models may be considered). The technical options for improving the environmental performance of the product shall be listed as exhaustively as possible. These technical options for improving the specific resource performance of the EuP shall guarantee that all other performances and amenities for the consumer are at least maintained or at best improved.

The cost over the life-time of the EuP, known as the life cycle cost, is the sum of the purchase price and the discounted running cost over a realistic life-time for the EuP. The discount rate used shall provided by the European financial authorities.

For each technical option, the life-cycle cost shall be calculated and compared with the life-cycle of the base-case model. Technical options presenting a lower life-cycle cost compared to the base-case one shall be combined, provided that they are compatible. The combination of technical options that present the lowest life-cycle cost of all shall be identified and called the minimum life-cycle cost. The performance of the EuP corresponding to this minimum determines the specific eco-design requirement to be reached as, at this point, the technical improvements are cost-effective to the end-users and therefore to society, which benefits from a lowering of external environmental costs.

In the process of setting minimum efficiency standards, a value for carbon dioxide emissions avoided should also be taken into account. The value for the carbon dioxide emissions avoided shall be determined by the Commission and be regularly updated. External costs of carbon dioxide emissions may be included in the base-case calculation.

A similar methodology could be applied to other resources such as water.

2. The level of the specific eco-design requirement can be set by using evidence available in the framework of other Community activities including regulation (EC) No 1980/2000, Directive 92/75/EEC and Regulation (EC) No 2422/2001 on energy labelling of office equipment.

Evidence available from existing programs applied in other parts of the world can be used for setting the specific eco-design requirement of EuP traded with the EU's economic partners.

3. In principle, the setting of a specific eco-design requirement shall not have as a consequence that a proprietary technology is imposed to manufacturers. When the requirement would imply that a significant proportion of models currently produced would be removed from the market, the date of entry into force of the requirement shall take the redesign cycle for the product into account.

ANNEX III

CE MARKINGS

The CE marking must have a height of at least 5 mm. If the CE marking is reduced or enlarged the proportions given in the above graduated drawing must be respected.

The CE marking must be affixed to the EuP. Where this is not possible, it must be affixed to the packaging and to the accompanying documents.

The Commission shall draw up a report on manufacturers' and distributors' compliance with the relevant standards and shall authorise them to affix the CE marking to their products.

That report shall be forwarded to the European Parliament, the Council and the parties concerned, at all events before the application by the Member States of the provisions of this Directive and before implementation by way of special measures.

ANNEX IV

INTERNAL DESIGN CONTROL

1. This module describes the procedure whereby the manufacturer or its authorised representative who carries out the obligations laid down in section 2 of this Annex ensures and declares that EuP satisfies the relevant provisions of the applicable implementing measure. The manufacturer, or its authorised representative, must affix the CE marking provided for in Article 4 to each item of EuP and draw up a written declaration of conformity. The declaration of conformity may cover one or more products and must be kept by the manufacturer.

2. A technical documentation file enabling an assessment of the conformity of the EuP with the requirements of the applicable implementing measure
  , under conditions of general normal use and end-of-life management in accordance with applicable rules
  .

The documentation shall specify, in particular:

| (a) | a general description of the EuP and of its intended use, |
| --- | --- |

(a)

a general description of the EuP and of its intended use,

| (b) | the results of relevant environmental assessment studies carried out by the manufacturer, and/or references to environmental assessment literature or case studies, which are used by the manufacturer in determining product design solutions, |
| --- | --- |

(b)

the results of relevant environmental assessment studies carried out by the manufacturer, and/or references to environmental assessment literature or case studies, which are used by the manufacturer in determining product design solutions,

| (c) | the ecological profile of the
  product group, as laid down in the implementing measures, |
| --- | --- |

(c)

the ecological profile of the
  product group, as laid down in the implementing measures,

| (d) | elements of the product design specification relating to environmental design aspects of the product, |
| --- | --- |

(d)

elements of the product design specification relating to environmental design aspects of the product,

| (e) | a list of the appropriate documents referred to in Article 9, applied in full or in part, and a description of the solutions adopted to meet the requirements of the applicable implementing measure where the documents referred to in Article 9 have not been applied or where these documents do not cover entirely the requirements of the applicable implementing measure, |
| --- | --- |

(e)

a list of the appropriate documents referred to in Article 9, applied in full or in part, and a description of the solutions adopted to meet the requirements of the applicable implementing measure where the documents referred to in Article 9 have not been applied or where these documents do not cover entirely the requirements of the applicable implementing measure,

| (f) | a copy of the information concerning the environmental design aspects of the product which is provided in accordance with the requirements specified in Annex I, part
  3, |
| --- | --- |

(f)

a copy of the information concerning the environmental design aspects of the product which is provided in accordance with the requirements specified in Annex I, part
  3,

| (g) | the results of measurements on the eco-design requirements carried out including details of the conformity of these measurements as compared with the eco-design requirements set out in the applicable implementing measure. |
| --- | --- |

(g)

the results of measurements on the eco-design requirements carried out including details of the conformity of these measurements as compared with the eco-design requirements set out in the applicable implementing measure.

3. The manufacturer must take all measures necessary to ensure that the product will be manufactured in compliance with the design specifications referred to in section 2 and with the requirements of the measure which apply to it.

Where the manufacturer is not established in the Community and there is no authorised representative, the Importer shall be under an obligation to ensure that the manufacturer has fulfilled its obligations and made available to him the declaration of conformity and the technical documentation.

ANNEX V

DECLARATION OF CONFORMITY

The EC declaration of conformity must contain the following particulars:

| 1. | The name and address of the manufacturer or of its authorised representative;
  where the manufacturer is not established in the Community and there is no authorised representative, the name of the Importer must be recorded; |
| --- | --- |

1.

The name and address of the manufacturer or of its authorised representative;
  where the manufacturer is not established in the Community and there is no authorised representative, the name of the Importer must be recorded;

| 2. | A description of the model sufficient for unambiguous identification; |
| --- | --- |

2.

A description of the model sufficient for unambiguous identification;

| 3. | Where appropriate, the references of the harmonized standards applied; |
| --- | --- |

3.

Where appropriate, the references of the harmonized standards applied;

| 4. | Where appropriate, the other technical standards and specifications used; |
| --- | --- |

4.

Where appropriate, the other technical standards and specifications used;

| 5. | Where appropriate, the reference of other Community legislation providing for the affixing of the CE mark that is applied. |
| --- | --- |

5.

Where appropriate, the reference of other Community legislation providing for the affixing of the CE mark that is applied.

| 6. | Identification and signature of the person empowered to bind the manufacturer or its authorised representative. |
| --- | --- |

6.

Identification and signature of the person empowered to bind the manufacturer or its authorised representative.

ANNEX VI

CONTENTS OF THE IMPLEMENTING MEASURES

The implementing measure shall specify, in particular:

| 1. | The exact definition of the type(s) of EuP covered; |
| --- | --- |

1.

The exact definition of the type(s) of EuP covered;

| 2. | The eco-design requirement(s) for the EuP covered, implementing date(s), any staged or transitional measure;






  — | in case of generic eco-design requirement(s) the relevant parameters among those mentioned in Annex I, part 2; |
| --- | --- | --- |

2.

The eco-design requirement(s) for the EuP covered, implementing date(s), any staged or transitional measure;

—

in case of generic eco-design requirement(s) the relevant parameters among those mentioned in Annex I, part 2;

| — | in case of specific eco-design requirement(s), its (their) level(s); |
| --- | --- |

—

in case of specific eco-design requirement(s), its (their) level(s);

| 3. | The requirements on installation of the EuP where it has a direct relevance to the environmental performance considered; |
| --- | --- |

3.

The requirements on installation of the EuP where it has a direct relevance to the environmental performance considered;

| 4. | The measurement standards and/or measurement methods to be used; when available, harmonised standards the reference numbers of which have been published in the Official Journal of the European Union shall be used. |
| --- | --- |

4.

The measurement standards and/or measurement methods to be used; when available, harmonised standards the reference numbers of which have been published in the Official Journal of the European Union shall be used.

| 5 | The details for conformity assessment under Decision 93/465/EEC






  — | where the module(s) to be applied is (are) different from Module A; the factors leading to the selection of that specific procedure; |
| --- | --- | --- |

5

The details for conformity assessment under Decision 93/465/EEC

—

where the module(s) to be applied is (are) different from Module A; the factors leading to the selection of that specific procedure;

| — | where relevant the criteria for approval and/or certification of the third parties. |
| --- | --- |

—

where relevant the criteria for approval and/or certification of the third parties.

Where different modules are laid down in other CE requirements for the same EuP, the module defined in the implementing measure shall prevail for the requirement concerned;

| 6. | Requirements on data to be provided by manufacturers, their authorised representatives or Importers
  to the authorities for enhanced monitoring of compliance
  , where there is a serious doubt as to compliance and/or whenever non-compliance is investigated/notified. |
| --- | --- |

6.

Requirements on data to be provided by manufacturers, their authorised representatives or Importers
  to the authorities for enhanced monitoring of compliance
  , where there is a serious doubt as to compliance and/or whenever non-compliance is investigated/notified.

| 7. | The duration of the transitional period during which Member States must permit the placing on the market of EuP which comply with the
  requirements
  in force in their territory at the date of adoption of the implementing measure. |
| --- | --- |

7.

The duration of the transitional period during which Member States must permit the placing on the market of EuP which comply with the
  requirements
  in force in their territory at the date of adoption of the implementing measure.

ANNEX VII

MINIMUM ELIGIBILITY CRITERIA FOR SELF-REGULATORY INITIATIVES IN THE CONTEXT OF THIS DIRECTIVE

1.   Basic Legal Requirements

Self-regulatory initiatives shall comply with all provisions of the Treaty (in particular internal market and competition rules), as well as with the international engagements of the Community, including multilateral trade rules.

Third country operators may participate in self-regulatory initiatives both in the preparatory and in the implementation phases.

2.   Added Value

Self-regulatory initiatives shall deliver added value (more than ‘business as usual’) in terms of the improved overall environmental performance of the EuP covered.

3.   Representativeness

Industry and their associations taking part in a self-regulatory action shall represent a large majority of the relevant economic sector, with as few exceptions as possible. Care shall be taken to ensure respect for competition rules.

4.   Quantified and Staged Objectives

The objectives defined by the stakeholders shall be set in clear and unambiguous terms, starting from a well-defined baseline. If the self-regulatory initiative covers a long time-span, interim targets shall be included. It must be possible to monitor compliance with objectives and (interim) targets in an affordable and credible way using clear and reliable indicators. Research information, scientific and technological background data shall facilitate the development of these indicators.

5.   Involvement of civil society

With a view to ensuring transparency, self-regulatory initiatives shall be publicised, including through the use of the internet and other electronic means of disseminating information.

The same shall apply to interim and final monitoring reports. Stakeholders — namely industry, environmental NGOs and consumers associations — shall have the right to comment on a self-regulatory initiative.

6.   Monitoring and reporting

Self-regulatory initiatives shall contain a well-designed monitoring system, with clearly identified responsibilities for industry and independent inspectors. The Commission services, in partnership with the parties to the self-regulatory initiative, shall be invited to monitor the achievement of the objectives.

The plan for monitoring and reporting shall be detailed, transparent and objective. It shall remain for the Commission services, assisted by the Committee referred to in Article 21, to consider whether the underlying objectives have been met.

7.   Cost-effectiveness of Administrating a Self-regulatory Initiative

The cost of administering self-regulatory initiatives, in particular as regards monitoring, shall not lead to a disproportionate administrative burden, as compared to their objectives and to other available policy instruments.

8.   Sustainability

Self-regulatory initiatives shall respond to the policy objectives of this Directive including the integrated approach and shall be consistent with the economic and social dimensions of sustainable development. The protection of consumers' interests (health, quality of life and economic interests) shall be integrated.

9.   Incentive compatibility

Self-regulatory initiatives are unlikely to deliver the expected results if other factors and incentives — market pressure, taxes, and legislation at national level — send contradictory signals to participants in the commitment. Policy consistency is essential in this regard and shall be taken into consideration when assessing the effectiveness of the initiative.

P5_TA(2004)0303

Greenhouse gas emission allowance trading ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council directive amending the Directive establishing a scheme for greenhouse gas emission allowance trading within the Community, in respect of the Kyoto Protocol's project mechanisms (COM(2003) 403 — C5-0355/2003 — 2003/0173(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 403) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 403) (1),

| — | having regard to Articles 251(2) and 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0355/2003), |
| --- | --- |

—

having regard to Articles 251(2) and 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0355/2003),

| — | 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 the Environment, Public Health and Consumer Policy and the opinion of the Committee on Industry, External Trade, Research and Energy (A5-0154/2004), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Industry, External Trade, Research and Energy (A5-0154/2004),

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

1.

Approves the Commission proposal as amended;

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

2.

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

| 3. | Instructs its President to forward its position to the Council and 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)0173

Position of the European Parliament adopted at first reading on 20 April 2004 with a view to the adoption of Directive 2004/.../EC of the European Parliament and of the Council amending Directive
  2003/87/EC
  establishing a scheme for greenhouse gas emission allowance trading within the Community, in respect of the Kyoto Protocol's project mechanisms

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

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

After consulting the Committee of the Regions,

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

Whereas:

| (1) | Directive 2003/87/EC (3) establishes a scheme for greenhouse gas emission allowance trading within the Community (‘the Community scheme’) in order to promote reductions of greenhouse gas emissions in a cost-effective and economically efficient manner, recognising that, in the longer-term, global emissions of greenhouse gases will need to be reduced by approximately 70% compared to 1990 levels. It aims at contributing towards fulfilling the commitments of the Community and its Member States to reduce anthropogenic greenhouse gas emissions under the Kyoto Protocol which was approved by Council Decision 2002/358/EC of 25 April 2002 concerning the approval, on behalf of the European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfilment of commitments thereunder (4). |
| --- | --- |

(1)

Directive 2003/87/EC (3) establishes a scheme for greenhouse gas emission allowance trading within the Community (‘the Community scheme’) in order to promote reductions of greenhouse gas emissions in a cost-effective and economically efficient manner, recognising that, in the longer-term, global emissions of greenhouse gases will need to be reduced by approximately 70% compared to 1990 levels. It aims at contributing towards fulfilling the commitments of the Community and its Member States to reduce anthropogenic greenhouse gas emissions under the Kyoto Protocol which was approved by Council Decision 2002/358/EC of 25 April 2002 concerning the approval, on behalf of the European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfilment of commitments thereunder (4).

| (2) | Directive 2003/87/EC/ states that, the recognition of credits from project-based mechanisms for fulfilling obligations as from 2005 will increase the cost-effectiveness of achieving reductions of global greenhouse gas emissions and shall be provided for by provisions for linking the Kyoto project-based mechanisms, including Joint Implementation (JI) and the Clean Development Mechanism (CDM), with the Community scheme. |
| --- | --- |

(2)

Directive 2003/87/EC/ states that, the recognition of credits from project-based mechanisms for fulfilling obligations as from 2005 will increase the cost-effectiveness of achieving reductions of global greenhouse gas emissions and shall be provided for by provisions for linking the Kyoto project-based mechanisms, including Joint Implementation (JI) and the Clean Development Mechanism (CDM), with the Community scheme.

| (3) | Linking the Kyoto project-based mechanisms to the Community scheme, while safeguarding the latter's environmental integrity, gives the opportunity to use emission credits generated through project activities eligible under Articles 6 and 12 of the Kyoto Protocol in order to fulfil Member States' obligations under Article 12(3) of Directive 2003/87/EC. As a result, this will increase the diversity of low cost compliance options within the Community scheme leading to a reduction of the overall costs of compliance with the Kyoto Protocol while improving the liquidity of the Community market in greenhouse gas emission allowances. By stimulating demand for JI credits Community companies will invest in the development and transfer of advanced environmentally sound technologies and know-how. The demand for CDM credits will also be stimulated and thus developing countries hosting CDM projects will be assisted in achieving their sustainable development goals. |
| --- | --- |

(3)

Linking the Kyoto project-based mechanisms to the Community scheme, while safeguarding the latter's environmental integrity, gives the opportunity to use emission credits generated through project activities eligible under Articles 6 and 12 of the Kyoto Protocol in order to fulfil Member States' obligations under Article 12(3) of Directive 2003/87/EC. As a result, this will increase the diversity of low cost compliance options within the Community scheme leading to a reduction of the overall costs of compliance with the Kyoto Protocol while improving the liquidity of the Community market in greenhouse gas emission allowances. By stimulating demand for JI credits Community companies will invest in the development and transfer of advanced environmentally sound technologies and know-how. The demand for CDM credits will also be stimulated and thus developing countries hosting CDM projects will be assisted in achieving their sustainable development goals.

| (4) | In addition to the use of the Kyoto project-based mechanisms by the Community and its Member States, and by companies and individuals outside the Community scheme, those mechanisms should be linked to the Community scheme in such a way as to ensure consistency with the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol and subsequent decisions adopted thereunder as well as with the objectives and architecture of the Community scheme and provisions laid down by Directive 2003/87/EC. |
| --- | --- |

(4)

In addition to the use of the Kyoto project-based mechanisms by the Community and its Member States, and by companies and individuals outside the Community scheme, those mechanisms should be linked to the Community scheme in such a way as to ensure consistency with the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol and subsequent decisions adopted thereunder as well as with the objectives and architecture of the Community scheme and provisions laid down by Directive 2003/87/EC.

| (5) | Member States may allow operators to use, in the Community scheme, certified emission reductions (CERs) from 2005 and emission reduction units (ERUs) from 2008. The use of CERs and ERUs by operators from 2008 may be allowed up to a percentage of the allocation to each installation, to be specified by each Member State in its national allocation plan. The use will take place through the issue and immediate surrender of one allowance in exchange for one CER or ERU. An allowance issued in exchange for a CER or ERU will correspond to that CER or ERU. |
| --- | --- |

(5)

Member States may allow operators to use, in the Community scheme, certified emission reductions (CERs) from 2005 and emission reduction units (ERUs) from 2008. The use of CERs and ERUs by operators from 2008 may be allowed up to a percentage of the allocation to each installation, to be specified by each Member State in its national allocation plan. The use will take place through the issue and immediate surrender of one allowance in exchange for one CER or ERU. An allowance issued in exchange for a CER or ERU will correspond to that CER or ERU.

| (6) | The Commission Regulation for a standardised and secured system of registries, to be adopted pursuant to Article 19(3) of Directive 2003/87/EC and Article 6(1) of Decision No 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol (5), will provide for the relevant processes and procedures in the registries system for the use of CERs during the period 2005-2007 and subsequent periods, and for the use of ERUs during the period 2008-2012 and subsequent periods. |
| --- | --- |

(6)

The Commission Regulation for a standardised and secured system of registries, to be adopted pursuant to Article 19(3) of Directive 2003/87/EC and Article 6(1) of Decision No 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol (5), will provide for the relevant processes and procedures in the registries system for the use of CERs during the period 2005-2007 and subsequent periods, and for the use of ERUs during the period 2008-2012 and subsequent periods.

| (7) | Each Member State will decide its own limit for the use of CERs and ERUs from project activities, having due regard to the relevant provisions of the Kyoto Protocol and the Marrakesh Accords, to meet the requirements therein that use of the mechanisms should be supplemental to domestic action. Domestic action will thus constitute a significant element of the effort made. |
| --- | --- |

(7)

Each Member State will decide its own limit for the use of CERs and ERUs from project activities, having due regard to the relevant provisions of the Kyoto Protocol and the Marrakesh Accords, to meet the requirements therein that use of the mechanisms should be supplemental to domestic action. Domestic action will thus constitute a significant element of the effort made.

| (8) | In accordance with the UNFCCC and the Kyoto Protocol and subsequent decisions adopted thereunder, Member States are to refrain from using CERs and ERUs generated from nuclear facilities to meet their commitments under Article 3 (1) of the Kyoto Protocol and under Decision 2002/358/EC. |
| --- | --- |

(8)

In accordance with the UNFCCC and the Kyoto Protocol and subsequent decisions adopted thereunder, Member States are to refrain from using CERs and ERUs generated from nuclear facilities to meet their commitments under Article 3 (1) of the Kyoto Protocol and under Decision 2002/358/EC.

| (9) | Decisions 15/CP.7 and 19/CP.7 adopted pursuant to the UNFCCC and the Kyoto Protocol emphasise that environmental integrity is to be achieved, inter alia, through sound modalities, rules and guidelines for the mechanisms, and through sound and strong principles and rules governing land use, land-use change and forestry activities, and that the issues of non-permanence, additionality, leakage, uncertainties and socio-economic and environmental impacts, including impacts on biodiversity and natural ecosystems, associated with afforestation and reforestation project activities areto be taken into account. The Commission should consider, in its review of Directive 2003/87/EC in 2006, technical provisions relating to the temporary nature of credits and the limit of 1% for eligibility for land use, land-use change and forestry project activities as established in Decision 17/CP.7, and also provisions relating to the outcome of the evaluation of potential risks associated with the use of genetically modified organisms and potentially invasive alien species in afforestation and reforestation project activities, to allow operators to use CERs and ERUs resulting from land use, land use change and forestry project activities in the Community scheme from 2008, in accordance with the decisions adopted pursuant to the UNFCCC or the Kyoto Protocol. |
| --- | --- |

(9)

Decisions 15/CP.7 and 19/CP.7 adopted pursuant to the UNFCCC and the Kyoto Protocol emphasise that environmental integrity is to be achieved, inter alia, through sound modalities, rules and guidelines for the mechanisms, and through sound and strong principles and rules governing land use, land-use change and forestry activities, and that the issues of non-permanence, additionality, leakage, uncertainties and socio-economic and environmental impacts, including impacts on biodiversity and natural ecosystems, associated with afforestation and reforestation project activities areto be taken into account. The Commission should consider, in its review of Directive 2003/87/EC in 2006, technical provisions relating to the temporary nature of credits and the limit of 1% for eligibility for land use, land-use change and forestry project activities as established in Decision 17/CP.7, and also provisions relating to the outcome of the evaluation of potential risks associated with the use of genetically modified organisms and potentially invasive alien species in afforestation and reforestation project activities, to allow operators to use CERs and ERUs resulting from land use, land use change and forestry project activities in the Community scheme from 2008, in accordance with the decisions adopted pursuant to the UNFCCC or the Kyoto Protocol.

| (10) | In order to avoid double counting, CERs and ERUs should not be issued as a result of project activities undertaken within the Community that also lead to a reduction in, or limitation of, emissions from installations covered by Directive 2003/87/EC, unless an equal number of allowances are cancelled from the registry of the Member State of the CERs' or ERUs' origin. |
| --- | --- |

(10)

In order to avoid double counting, CERs and ERUs should not be issued as a result of project activities undertaken within the Community that also lead to a reduction in, or limitation of, emissions from installations covered by Directive 2003/87/EC, unless an equal number of allowances are cancelled from the registry of the Member State of the CERs' or ERUs' origin.

| (11) | In accordance with the relevant Treaties of Accession, the acquis communautaire should be taken into account in the establishment of baselines for project activities undertaken in countries acceding to the Union. |
| --- | --- |

(11)

In accordance with the relevant Treaties of Accession, the acquis communautaire should be taken into account in the establishment of baselines for project activities undertaken in countries acceding to the Union.

| (12) | Any Member State that authorises private or public entities to participate in project activities remains responsible for the fulfilment of its obligations under the UNFCCC and the Kyoto Protocol and should therefore ensure that such participation is consistent with the relevant guidelines, modalities and procedures adopted pursuant to the UNFCCC or the Kyoto Protocol. |
| --- | --- |

(12)

Any Member State that authorises private or public entities to participate in project activities remains responsible for the fulfilment of its obligations under the UNFCCC and the Kyoto Protocol and should therefore ensure that such participation is consistent with the relevant guidelines, modalities and procedures adopted pursuant to the UNFCCC or the Kyoto Protocol.

| (13) | In accordance with the UNFCCC, the Kyoto Protocol and subsequent decisions adopted for their implementation, the Commission and the Member States should support capacity building activities in developing countries and countries with economies in transition in order to help them take full advantage of JI and the CDM in a manner that supports their sustainable development strategies. The Commission should review and report on efforts in this regard. |
| --- | --- |

(13)

In accordance with the UNFCCC, the Kyoto Protocol and subsequent decisions adopted for their implementation, the Commission and the Member States should support capacity building activities in developing countries and countries with economies in transition in order to help them take full advantage of JI and the CDM in a manner that supports their sustainable development strategies. The Commission should review and report on efforts in this regard.

| (14) | Criteria and guidelines that are relevant to considering whether hydro-electric power production projects have negative environmental and social impacts have been identified by the World Commission on Dams in its November 2000 Report ‘Dams and Development — A New Framework for Decision-Making’, by the OECD and by the World Bank. |
| --- | --- |

(14)

Criteria and guidelines that are relevant to considering whether hydro-electric power production projects have negative environmental and social impacts have been identified by the World Commission on Dams in its November 2000 Report ‘Dams and Development — A New Framework for Decision-Making’, by the OECD and by the World Bank.

| (15) | Since participation in JI and CDM project activities is voluntary, corporate environmental and social responsibility and accountability should be enhanced in accordance with paragraph 17 of the Plan of Implementation of the World Summit on Sustainable Development. In this connection, companies should be encouraged to improve the social and environmental performance of JI and CDM activities in which they participate. |
| --- | --- |

(15)

Since participation in JI and CDM project activities is voluntary, corporate environmental and social responsibility and accountability should be enhanced in accordance with paragraph 17 of the Plan of Implementation of the World Summit on Sustainable Development. In this connection, companies should be encouraged to improve the social and environmental performance of JI and CDM activities in which they participate.

| (16) | Information on project activities in which a Member State participates or authorises private or public entities to participate should be made available to the public in accordance with Directive 2003/4/ EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information (6). |
| --- | --- |

(16)

Information on project activities in which a Member State participates or authorises private or public entities to participate should be made available to the public in accordance with Directive 2003/4/ EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information (6).

| (17) | The Commission may mention impacts on the electricity market in its reports on emission allowance trading and the use of credits from project activities. |
| --- | --- |

(17)

The Commission may mention impacts on the electricity market in its reports on emission allowance trading and the use of credits from project activities.

| (18) | Following entry into force of the Kyoto Protocol, the Commission should examine whether it could be possible to conclude agreements with countries listed in Annex B to the Kyoto Protocol which have yet to ratify the Protocol, to provide for the recognition of allowances between the Community scheme and mandatory greenhouse gas emissions trading schemes capping absolute emissions established within those countries. |
| --- | --- |

(18)

Following entry into force of the Kyoto Protocol, the Commission should examine whether it could be possible to conclude agreements with countries listed in Annex B to the Kyoto Protocol which have yet to ratify the Protocol, to provide for the recognition of allowances between the Community scheme and mandatory greenhouse gas emissions trading schemes capping absolute emissions established within those countries.

| (19) | Since the objective of the proposed action, namely the establishment of a link between the Kyoto project-based mechanisms and the Community scheme, cannot be sufficiently achieved by the Member States acting individually, and can therefore by reason of the scale and effects of this Directive be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective. |
| --- | --- |

(19)

Since the objective of the proposed action, namely the establishment of a link between the Kyoto project-based mechanisms and the Community scheme, cannot be sufficiently achieved by the Member States acting individually, and can therefore by reason of the scale and effects of this Directive be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

| (20) | Directive 2003/87/EC should therefore be amended accordingly, |
| --- | --- |

(20)

Directive 2003/87/EC should therefore be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments to Directive 2003/87/EC

Directive 2003/87/EC is hereby amended as follows:

| 1) | In Article 3, the following points shall be added:






  ‘(k) | ‘Annex I Party’ means a Party listed in Annex I to the United Nations Framework Convention on Climate Change (UNFCCC) that has ratified the Kyoto Protocol, as specified in Article 1(7) of the Kyoto Protocol; |
| --- | --- | --- |

1)

In Article 3, the following points shall be added:

‘(k)

‘Annex I Party’ means a Party listed in Annex I to the United Nations Framework Convention on Climate Change (UNFCCC) that has ratified the Kyoto Protocol, as specified in Article 1(7) of the Kyoto Protocol;

| (l) | ‘project activity’ means a project activity approved by one or more Annex I Parties in accordance with Article 6 or Article 12 of the Kyoto Protocol and the decisions adopted pursuant to the UNFCCC or the Kyoto Protocol; |
| --- | --- |

(l)

‘project activity’ means a project activity approved by one or more Annex I Parties in accordance with Article 6 or Article 12 of the Kyoto Protocol and the decisions adopted pursuant to the UNFCCC or the Kyoto Protocol;

| (m) | ‘emission reduction unit’ or ‘ERU’ means a unit issued pursuant to Article 6 of the Kyoto Protocol and the decisions adopted pursuant to the UNFCCC or the Kyoto Protocol; |
| --- | --- |

(m)

‘emission reduction unit’ or ‘ERU’ means a unit issued pursuant to Article 6 of the Kyoto Protocol and the decisions adopted pursuant to the UNFCCC or the Kyoto Protocol;

| (n) | ‘certified emission reduction’ or ‘CER’ means a unit issued pursuant to Article 12 of the Kyoto Protocol and the decisions adopted pursuant to the UNFCCC or the Kyoto Protocol.’ |
| --- | --- |

(n)

‘certified emission reduction’ or ‘CER’ means a unit issued pursuant to Article 12 of the Kyoto Protocol and the decisions adopted pursuant to the UNFCCC or the Kyoto Protocol.’

| 2) | The following Articles shall be inserted after Article 11:
  ‘Article 11a
  Use of CERs and ERUs from project activities in the Community scheme
  1.   Subject to paragraph 3, during each period referred to in Article 11(2), Member States may allow operators to use CERs and ERUs from project activities in the Community scheme up to a percentage of the allocation of allowances to each installation, to be specified by each Member State in its national allocation plan for that period. This shall take place through the issue and immediate surrender of one allowance by the Member State in exchange for one CER or ERU held by the operator in the national registry of its Member State.
  2.   Subject to paragraph 3, during the period referred to in Article 11(1), Member States may allow operators to use CERs from project activities in the Community scheme. This shall take place through the issue and immediate surrender of one allowance by the Member State in exchange for one CER. Member States shall cancel CERs that have been used by operators during the period referred to in Article 11(1).
  3.   All CERs and ERUs that are issued and may be used in accordance with the UNFCCC and the Kyoto Protocol and subsequent decisions adopted thereunder may be used in the Community scheme






  (a) | except that, in recognition of the fact that, in accordance with the UNFCCC and the Kyoto Protocol and subsequent decisions adopted thereunder, Member States are to refrain from using CERs and ERUs generated from nuclear facilities to meet their commitments under Article 3(1) of the Kyoto Protocol and under Decision 2002/358/EC, operators are to refrain from using CERs and ERUs generated from such facilities in the Community scheme during the period referred to in Article 11(1) and the first five-year period referred to in Article 11(2); and |
| --- | --- | --- |

2)

The following Articles shall be inserted after Article 11:

‘Article 11a

Use of CERs and ERUs from project activities in the Community scheme

1.   Subject to paragraph 3, during each period referred to in Article 11(2), Member States may allow operators to use CERs and ERUs from project activities in the Community scheme up to a percentage of the allocation of allowances to each installation, to be specified by each Member State in its national allocation plan for that period. This shall take place through the issue and immediate surrender of one allowance by the Member State in exchange for one CER or ERU held by the operator in the national registry of its Member State.

2.   Subject to paragraph 3, during the period referred to in Article 11(1), Member States may allow operators to use CERs from project activities in the Community scheme. This shall take place through the issue and immediate surrender of one allowance by the Member State in exchange for one CER. Member States shall cancel CERs that have been used by operators during the period referred to in Article 11(1).

3.   All CERs and ERUs that are issued and may be used in accordance with the UNFCCC and the Kyoto Protocol and subsequent decisions adopted thereunder may be used in the Community scheme

(a)

except that, in recognition of the fact that, in accordance with the UNFCCC and the Kyoto Protocol and subsequent decisions adopted thereunder, Member States are to refrain from using CERs and ERUs generated from nuclear facilities to meet their commitments under Article 3(1) of the Kyoto Protocol and under Decision 2002/358/EC, operators are to refrain from using CERs and ERUs generated from such facilities in the Community scheme during the period referred to in Article 11(1) and the first five-year period referred to in Article 11(2); and

| (b) | except for CERs and ERUs from land use, land-use change and forestry activities. |
| --- | --- |

(b)

except for CERs and ERUs from land use, land-use change and forestry activities.

Article 11b

Project activities

1.   Member States shall take all necessary measures to ensure that baselines for project activities, as defined by subsequent decisions adopted under the UNFCCC or the Kyoto Protocol, undertaken in countries having signed a Treaty of Accession with the Union fully comply with the acquis communautaire, including the temporary derogations set out in that Treaty of Accession.

2.   Except as provided for in paragraphs 3 and 4, Member States hosting project activities shall ensure that no ERUs or CERs are issued for reductions or limitations of greenhouse gas emissions from installations falling within the scope of this Directive.

3.   Until 31 December 2012, for JI and CDM project activities which reduce or limit directly the emissions of installations falling within the scope of this Directive, ERUs and CERs may only be issued if an equal number of allowances are cancelled by the operator of that installation.

4.   Until 31 December 2012, for JI and CDM project activities which reduce or limit indirectly the emission level of installations falling within the scope of this Directive, ERUs and CERs may only be issued if an equal number of allowances are cancelled from the national registry of the Member State of the ERUs' or CERs' origin.

5.   A Member State that authorises private or public entities to participate in project activities shall remain responsible for the fulfilment of its obligations under the UNFCCC and the Kyoto Protocol and shall ensure that such participation is consistent with the relevant guidelines, modalities and procedures adopted pursuant to the UNFCCC or the Kyoto Protocol.

6.   In the case of hydro-electric power production project activities with a generating capacity exceeding 20MW, Member States shall, when approving such project activities, ensure that relevant international criteria and guidelines, including those contained in the World Commission on Dams November 2000 Report ‘Dams and Development — A New Framework for Decision-Making’, will be respected during the development of such project activities.

7.   Provisions for the implementation of paragraphs 3 and 4, particularly in respect of the avoidance of double counting, and any provisions necessary for the implementation of paragraph 5 where the host party meets all eligibility requirements for JI project activities shall be adopted in accordance with Article 23(2).’

| 3) | Article 17 shall be replaced by the following:
  ‘Article 17

  Access to information
  Decisions relating to the allocation of allowances, information on project activities in which a Member State participates or authorises private or public entities to participate, and the reports of emissions required under the greenhouse gas emissions permit and held by the competent authority, shall be made available to the public in accordance with Directive 2003/4/EC.’ |
| --- | --- |

3)

Article 17 shall be replaced by the following:

‘Article 17

Access to information

Decisions relating to the allocation of allowances, information on project activities in which a Member State participates or authorises private or public entities to participate, and the reports of emissions required under the greenhouse gas emissions permit and held by the competent authority, shall be made available to the public in accordance with Directive 2003/4/EC.’

| 4) | In Article 18 the following subparagraph shall be added:
  ‘Member States shall in particular ensure coordination between their designated focal point for approving project activities pursuant to Article 6 (1)(a) of the Kyoto Protocol and their designated national authority for the implementation of Article 12 of the Kyoto Protocol respectively designated in accordance with subsequent decisions adopted under the UNFCCC or the Kyoto Protocol.’ |
| --- | --- |

4)

In Article 18 the following subparagraph shall be added:

‘Member States shall in particular ensure coordination between their designated focal point for approving project activities pursuant to Article 6 (1)(a) of the Kyoto Protocol and their designated national authority for the implementation of Article 12 of the Kyoto Protocol respectively designated in accordance with subsequent decisions adopted under the UNFCCC or the Kyoto Protocol.’

| 5) | In paragraph 3 of Article 19 the following sentence shall be added:
  ‘That Regulation shall also include provisions concerning the use and identification of CERs and ERUs in the Community scheme and the monitoring of the level of such use.’ |
| --- | --- |

5)

In paragraph 3 of Article 19 the following sentence shall be added:

‘That Regulation shall also include provisions concerning the use and identification of CERs and ERUs in the Community scheme and the monitoring of the level of such use.’

| 6) | Article 21 is amended as follows:






  (a) | In paragraph 1 the second sentence shall be replaced by the following:
  ‘This report shall pay particular attention to the arrangements for the allocation of allowances, the use of ERUs and CERs in the Community scheme, the operation of registries, the application of the monitoring and reporting guidelines, verification and issues relating to compliance with the Directive and the fiscal treatment of allowances, if any.’ |
| --- | --- | --- |

6)

Article 21 is amended as follows:

(a)

In paragraph 1 the second sentence shall be replaced by the following:

‘This report shall pay particular attention to the arrangements for the allocation of allowances, the use of ERUs and CERs in the Community scheme, the operation of registries, the application of the monitoring and reporting guidelines, verification and issues relating to compliance with the Directive and the fiscal treatment of allowances, if any.’

| (b) | Paragraph 3 shall be replaced by the following:
  ‘3.   The Commission shall organise an exchange of information between the competent authorities of the Member States concerning developments relating to issues of allocation, the use of ERUs and CERs in the Community scheme, the operation of registries, monitoring, reporting, verification and compliance with this Directive.’ |
| --- | --- |

(b)

Paragraph 3 shall be replaced by the following:

‘3.   The Commission shall organise an exchange of information between the competent authorities of the Member States concerning developments relating to issues of allocation, the use of ERUs and CERs in the Community scheme, the operation of registries, monitoring, reporting, verification and compliance with this Directive.’

| 7) | The following Article shall be inserted after Article 21:
  ‘Article 21a

  Support of capacity building activities
  In accordance with the UNFCCC, the Kyoto Protocol and any subsequent decision adopted for their implementation, the Commission and the Member States shall endeavour to support capacity building activities in developing countries and countries with economies in transition in order to help them take full advantage of JI and the CDM in a manner that supports their sustainable development strategies and to facilitate the engagement of entities in JI and CDM project development and implementation.’ |
| --- | --- |

7)

The following Article shall be inserted after Article 21:

‘Article 21a

Support of capacity building activities

In accordance with the UNFCCC, the Kyoto Protocol and any subsequent decision adopted for their implementation, the Commission and the Member States shall endeavour to support capacity building activities in developing countries and countries with economies in transition in order to help them take full advantage of JI and the CDM in a manner that supports their sustainable development strategies and to facilitate the engagement of entities in JI and CDM project development and implementation.’

| 8) | Article 30 shall be amended as follows:






  (a) | In paragraph 2, point (d) shall be replaced by the following:






  ‘(d) | the use of credits from project activities, including the need for the harmonisation of the allowed use of ERUs and CERs in the Community scheme;’ |
| --- | --- | --- | --- |

8)

Article 30 shall be amended as follows:

(a)

In paragraph 2, point (d) shall be replaced by the following:

‘(d)

the use of credits from project activities, including the need for the harmonisation of the allowed use of ERUs and CERs in the Community scheme;’

| (b) | in paragraph 2 the following points shall be added:






  ‘(l) | the impact of project mechanisms on host countries, particularly on their development objectives, whether JI and CDM hydro-electric power production projects activities with a generating capacity exceeding 500 MW and having negative environmental and or social impacts have been approved, and the future use of CERs or ERUs resulting from any such hydro-electric power production project activities in the Community scheme; |
| --- | --- | --- |

(b)

in paragraph 2 the following points shall be added:

‘(l)

the impact of project mechanisms on host countries, particularly on their development objectives, whether JI and CDM hydro-electric power production projects activities with a generating capacity exceeding 500 MW and having negative environmental and or social impacts have been approved, and the future use of CERs or ERUs resulting from any such hydro-electric power production project activities in the Community scheme;

| (m) | the support for capacity building efforts in developing countries and countries with economies in transition; |
| --- | --- |

(m)

the support for capacity building efforts in developing countries and countries with economies in transition;

| (n) | the modalities and procedures for Member States' approval of domestic project activities and for the issuing of allowances in respect of emission reductions or limitations resulting from such activities from 2008 onwards; |
| --- | --- |

(n)

the modalities and procedures for Member States' approval of domestic project activities and for the issuing of allowances in respect of emission reductions or limitations resulting from such activities from 2008 onwards;

| (o) | technical provisions relating to the temporary nature of credits and the limit of 1% for eligibility for land use, land-use change and forestry project activities as established in Decision 17/CP.7, and provisions relating to the outcome of the evaluation of potential risks associated with the use of genetically modified organisms and potentially invasive alien species by afforestation and reforestation project activities, to allow operators to use CERs and ERUs resulting from land use, landuse change and forestry project activities in the Community scheme from 2008, in accordance with the decisions adopted pursuant to the UNFCCC or the Kyoto Protocol.’ |
| --- | --- |

(o)

technical provisions relating to the temporary nature of credits and the limit of 1% for eligibility for land use, land-use change and forestry project activities as established in Decision 17/CP.7, and provisions relating to the outcome of the evaluation of potential risks associated with the use of genetically modified organisms and potentially invasive alien species by afforestation and reforestation project activities, to allow operators to use CERs and ERUs resulting from land use, landuse change and forestry project activities in the Community scheme from 2008, in accordance with the decisions adopted pursuant to the UNFCCC or the Kyoto Protocol.’

| (c) | paragraph 3 shall be replaced by the following:
  ‘In advance of each period referred to in Article 11(2), each Member State shall publish in its national allocation plan its intended use of ERUs and CERs and the percentage of the allocation to each installation up to which operators are allowed to use ERUs and CERs in the Community scheme for that period. The total use of ERUs and CERs shall be consistent with the relevant supplementarity obligations under the Kyoto Protocol and the UNFCCC and the decisions adopted thereunder.
  Member States shall, in accordance with Article 3 of Decision No 280/2004/EC of the European Parliament and of the Council concerning a mechanism for monitoring Community greehouse gas emissions and for implementing the Kyoto Protocol (7), report to the Commission every two years on the extent to which domestic action actually constitutes a significant element of the efforts undertaken at national level, as well as the extent to which use of the project mechanisms is actually supplemental to domestic action, and the ratio between them, in accordance with the relevant provisions of the Kyoto Protocol and the decisions adopted thereunder. The Commission shall report on this in accordance with Article 5 of the said Decision. In the light of this report, the Commission shall, if appropriate, make legislative or other proposals to complement provisions adopted by Member States so as to ensure that use of the mechanisms is supplemental to domestic action within the Community.

  (7)  OJ L 49, 19.2.2004, p. 1.’" |
| --- | --- |

(c)

paragraph 3 shall be replaced by the following:

‘In advance of each period referred to in Article 11(2), each Member State shall publish in its national allocation plan its intended use of ERUs and CERs and the percentage of the allocation to each installation up to which operators are allowed to use ERUs and CERs in the Community scheme for that period. The total use of ERUs and CERs shall be consistent with the relevant supplementarity obligations under the Kyoto Protocol and the UNFCCC and the decisions adopted thereunder.

Member States shall, in accordance with Article 3 of Decision No 280/2004/EC of the European Parliament and of the Council concerning a mechanism for monitoring Community greehouse gas emissions and for implementing the Kyoto Protocol (7), report to the Commission every two years on the extent to which domestic action actually constitutes a significant element of the efforts undertaken at national level, as well as the extent to which use of the project mechanisms is actually supplemental to domestic action, and the ratio between them, in accordance with the relevant provisions of the Kyoto Protocol and the decisions adopted thereunder. The Commission shall report on this in accordance with Article 5 of the said Decision. In the light of this report, the Commission shall, if appropriate, make legislative or other proposals to complement provisions adopted by Member States so as to ensure that use of the mechanisms is supplemental to domestic action within the Community.

(7)  OJ L 49, 19.2.2004, p. 1.’"

| 9) | In Annex III the following point shall be added:
  ‘12. The plan shall specify the maximum amount of CERs and ERUs which may be used by operators in the Community scheme as a percentage of the allocation of the allowances to each installation. The percentage shall be consistent with the Member State's supplementarity obligations under the Kyoto Protocol and decisions adopted pursuant to the UNFCCC or the Kyoto Protocol.’ |
| --- | --- |

9)

In Annex III the following point shall be added:

‘12. The plan shall specify the maximum amount of CERs and ERUs which may be used by operators in the Community scheme as a percentage of the allocation of the allowances to each installation. The percentage shall be consistent with the Member State's supplementarity obligations under the Kyoto Protocol and decisions adopted pursuant to the UNFCCC or the Kyoto Protocol.’

Article 2

Implementation

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ... (8). They shall forthwith inform the Commission thereof.

When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.

2.   Member States shall communicate to the Commission the text of the provision of national law which they adopt in the field covered by this Directive. The Commission shall inform the other Member States thereof

Article 3

Entry into force

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

Article 4

Addressees

This Directive is addressed to the Member States.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 80, 30.3.2004, p. 61.

1

(2)  Position of the European Parliament of 20 April 2004.

2

(3)  OJ L 275, 25.10.2003, p. 32.

3

(4)  OJ L 130, 15.5.2002, p. 1.

4

(5)  OJ L 49, 19.2.2004, p. 1.

5

(6)  OJ L 41, 14.2.2003, p. 26.

6

(8)  12 months after its entry into force.

8

P5_TA(2004)0304

Batteries and accumulators ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council Directive on batteries and accumulators and spent batteries and accumulators (COM(2003) 723 — C5-0563/2003 — 2003/0282(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 723) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 723) (1),

| — | having regard to Articles 251(2), 95(1) and 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0563/2003), |
| --- | --- |

—

having regard to Articles 251(2), 95(1) and 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0563/2003),

| — | having regard to the opinion of the Committee on Legal Affairs and the Internal Market on the proposed legal basis, |
| --- | --- |

—

having regard to the opinion of the Committee on Legal Affairs and the Internal Market on the proposed legal basis,

| — | having regard to Rules 67 and 63 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 67 and 63 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Industry, External Trade, Research and Energy (A5-0265/2004), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Industry, External Trade, Research and Energy (A5-0265/2004),

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

1.

Approves the Commission proposal as amended;

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

2.

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

| 3. | Instructs its President to forward its position to the Council and 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)0282

Position of the European Parliament adopted at first reading on 20 April 2004 with a view to the adoption of European Parliament and Council Directive 2004/.../EC on batteries and accumulators and spent batteries and accumulators

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 95 (1) and 175 (1) thereof,

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

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

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

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

Whereas:

| (1) | The different national measures concerning batteries and spent batteries should be harmonised in view of the double objective to minimise the impact of batteries and spent batteries on the environment, thus contributing to the protection, preservation and improvement of the quality of the environment and to ensure the smooth functioning of the internal market and avoid distortions of competition in the Community. |
| --- | --- |

(1)

The different national measures concerning batteries and spent batteries should be harmonised in view of the double objective to minimise the impact of batteries and spent batteries on the environment, thus contributing to the protection, preservation and improvement of the quality of the environment and to ensure the smooth functioning of the internal market and avoid distortions of competition in the Community.

| (2) | The Commission's Communication on the Review of the Community Strategy for Waste Management of 30 July 1996 (5) established guidelines for future Community waste policy. That Communication stresses the need to reduce the quantities of hazardous substances in waste and points out the potential benefits of Community-wide rules limiting the presence of such substances in products and in production processes. It further states that, where the generation of waste cannot be avoided, that waste should be reused or recovered for its material or energy. |
| --- | --- |

(2)

The Commission's Communication on the Review of the Community Strategy for Waste Management of 30 July 1996 (5) established guidelines for future Community waste policy. That Communication stresses the need to reduce the quantities of hazardous substances in waste and points out the potential benefits of Community-wide rules limiting the presence of such substances in products and in production processes. It further states that, where the generation of waste cannot be avoided, that waste should be reused or recovered for its material or energy.

| (3) | Council Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing certain dangerous substances (6), has brought about an approximation of the laws of the Member States in this field. However, the objectives of this Directive have not been fully attained and the need to revise it was also underlined by the Sixth Community Environment Action Programme (7), and in Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (8). Directive 91/157/EEC should therefore be revised and replaced in the interests of clarity. |
| --- | --- |

(3)

Council Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing certain dangerous substances (6), has brought about an approximation of the laws of the Member States in this field. However, the objectives of this Directive have not been fully attained and the need to revise it was also underlined by the Sixth Community Environment Action Programme (7), and in Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (8). Directive 91/157/EEC should therefore be revised and replaced in the interests of clarity.

| (4) | The objective of the provisions on minimum requirements for the collection, treatment and recycling of spent batteries and accumulators and
  end-user
  information (Chapters IV — VII) is the protection of the environment and the legal basis for those provisions is therefore Article 175(1) of the Treaty. The objective of the provisions relating to product requirements, placing on the marking and labelling in Chapters II, III, VIII and Annex II is to ensure the proper functioning of the internal market and the legal basis for those provisions is therefore Article 95(1) of the Treaty. |
| --- | --- |

(4)

The objective of the provisions on minimum requirements for the collection, treatment and recycling of spent batteries and accumulators and
  end-user
  information (Chapters IV — VII) is the protection of the environment and the legal basis for those provisions is therefore Article 175(1) of the Treaty. The objective of the provisions relating to product requirements, placing on the marking and labelling in Chapters II, III, VIII and Annex II is to ensure the proper functioning of the internal market and the legal basis for those provisions is therefore Article 95(1) of the Treaty.

| (5) | In order to prevent batteries and accumulators from ending up in the environment, and to avoid consumer confusion about the different waste management requirements for different batteries, this Directive should apply to all batteries and accumulators placed on the market in the Community. Such a scope should also ensure economies of scale in collection and recycling, as well as optimal resource saving. |
| --- | --- |

(5)

In order to prevent batteries and accumulators from ending up in the environment, and to avoid consumer confusion about the different waste management requirements for different batteries, this Directive should apply to all batteries and accumulators placed on the market in the Community. Such a scope should also ensure economies of scale in collection and recycling, as well as optimal resource saving.

| (6) | Reliable batteries and accumulators are fundamental for the safety of many products, appliances and services and are an essential energy source in our society. |
| --- | --- |

(6)

Reliable batteries and accumulators are fundamental for the safety of many products, appliances and services and are an essential energy source in our society.

| (7) | In order to achieve a high level of protection of human and animal health and of the environment, the marketing of certain batteries and accumulators should be prohibited because of the quantity of heavy metals they
  contain
  . |
| --- | --- |

(7)

In order to achieve a high level of protection of human and animal health and of the environment, the marketing of certain batteries and accumulators should be prohibited because of the quantity of heavy metals they
  contain
  .

| (8) | In order to protect the environment, spent batteries and accumulators should be collected. This means setting up collection schemes so that all spent portable batteries and accumulators can be conveniently returned by end-users free of charge. |
| --- | --- |

(8)

In order to protect the environment, spent batteries and accumulators should be collected. This means setting up collection schemes so that all spent portable batteries and accumulators can be conveniently returned by end-users free of charge.

| (9) | Member States should be required to achieve a high collection rate for spent batteries and accumulators to ensure that they contribute to the environmental objectives of the Community. To achieve a high level of material
  recycling
  throughout the Community and prevent disparities between Member States, all Member States should be required to send collected spent batteries and accumulators to recycling facilities. |
| --- | --- |

(9)

Member States should be required to achieve a high collection rate for spent batteries and accumulators to ensure that they contribute to the environmental objectives of the Community. To achieve a high level of material
  recycling
  throughout the Community and prevent disparities between Member States, all Member States should be required to send collected spent batteries and accumulators to recycling facilities.

| (10) | In the light of the specific environmental and health concerns regarding cadmium, mercury and lead and the particular characteristics of batteries and accumulators containing cadmium, mercury and lead additional measures should be adopted. The use of mercury in batteries should be restricted. Final disposal of automotive and industrial batteries should be prohibited. An additional collection target should be set for portable nickel-cadmium batteries. Moreover, specific recycling requirements should be established for cadmium and lead batteries in order to attain a high level of materials recovery throughout the Community and to prevent disparities between the Member States. |
| --- | --- |

(10)

In the light of the specific environmental and health concerns regarding cadmium, mercury and lead and the particular characteristics of batteries and accumulators containing cadmium, mercury and lead additional measures should be adopted. The use of mercury in batteries should be restricted. Final disposal of automotive and industrial batteries should be prohibited. An additional collection target should be set for portable nickel-cadmium batteries. Moreover, specific recycling requirements should be established for cadmium and lead batteries in order to attain a high level of materials recovery throughout the Community and to prevent disparities between the Member States.

| (11) | All interested parties should be able to participate in collection and recycling schemes. Those schemes should be designed to prevent discrimination against imported products, barriers to trade and distortions of competition and should guarantee maximum possible returns of spent batteries and accumulators.
  Responsibility for funding the management of historical waste should be shared by all existing producers by way of collective funding schemes to which all producers, existing on the market when the costs occur, contribute proportionately.
  For a transitional period producers should be allowed, on a voluntary basis, when selling new products, to show purchasers the costs
  incurred by producers in collecting, treating, and recycling spent portable batteries and accumulators placed onto the market prior to the date of transposition of this Directive
  . Producers making use of that provision should ensure that the costs mentioned do not exceed the actual costs incurred. |
| --- | --- |

(11)

All interested parties should be able to participate in collection and recycling schemes. Those schemes should be designed to prevent discrimination against imported products, barriers to trade and distortions of competition and should guarantee maximum possible returns of spent batteries and accumulators.
  Responsibility for funding the management of historical waste should be shared by all existing producers by way of collective funding schemes to which all producers, existing on the market when the costs occur, contribute proportionately.
  For a transitional period producers should be allowed, on a voluntary basis, when selling new products, to show purchasers the costs
  incurred by producers in collecting, treating, and recycling spent portable batteries and accumulators placed onto the market prior to the date of transposition of this Directive
  . Producers making use of that provision should ensure that the costs mentioned do not exceed the actual costs incurred.

| (12) | Collection and recycling schemes should be optimised, in particular with a view to minimising the negative external costs of transport. |
| --- | --- |

(12)

Collection and recycling schemes should be optimised, in particular with a view to minimising the negative external costs of transport.

| (13) | Basic principles for financing the management of spent batteries and accumulators should be set at Community level. Financing schemes should help to achieve high collection and recycling rates and to implement the producer responsibility principle. |
| --- | --- |

(13)

Basic principles for financing the management of spent batteries and accumulators should be set at Community level. Financing schemes should help to achieve high collection and recycling rates and to implement the producer responsibility principle.

| (14) | Holders of spent portable batteries or accumulators should be able to return them free of charge. Producers should therefore finance the collection, treatment and recycling of those deposited at their collection facility. Producers should also finance the collection, treatment and recycling of other spent batteries and accumulators. |
| --- | --- |

(14)

Holders of spent portable batteries or accumulators should be able to return them free of charge. Producers should therefore finance the collection, treatment and recycling of those deposited at their collection facility. Producers should also finance the collection, treatment and recycling of other spent batteries and accumulators.

| (15) | The provision of information to end-users
  on separate collection, the collection schemes available and the
  end-user's
  role in the management of spent batteries and accumulators is necessary for successful collection. Detailed arrangements should be made for a marking system, which should provide the
  end-user
  with transparent, reliable and clear information on the collection of batteries and accumulators and the heavy metals they contain. |
| --- | --- |

(15)

The provision of information to end-users
  on separate collection, the collection schemes available and the
  end-user's
  role in the management of spent batteries and accumulators is necessary for successful collection. Detailed arrangements should be made for a marking system, which should provide the
  end-user
  with transparent, reliable and clear information on the collection of batteries and accumulators and the heavy metals they contain.

| (16) | End-users should also be informed about the capacity of the batteries they buy so as to be able to make an informed choice. |
| --- | --- |

(16)

End-users should also be informed about the capacity of the batteries they buy so as to be able to make an informed choice.

| (17) | If, in order to achieve the objectives of this Directive and, in particular, to achieve high separate collection and recycling rates, Member States use economic instruments, such as differentiated tax rates, they should inform the Commission accordingly. |
| --- | --- |

(17)

If, in order to achieve the objectives of this Directive and, in particular, to achieve high separate collection and recycling rates, Member States use economic instruments, such as differentiated tax rates, they should inform the Commission accordingly.

| (18) | Reliable and comparable data on the quantities of batteries and accumulators marketed, collected and recycled are necessary for monitoring whether the objective of this Directive have been achieved. |
| --- | --- |

(18)

Reliable and comparable data on the quantities of batteries and accumulators marketed, collected and recycled are necessary for monitoring whether the objective of this Directive have been achieved.

| (19) | Member States should lay down rules on the penalties applicable for infringement of the provisions of this Directive and ensure that they are implemented. Those penalties must be effective, proportionate and dissuasive. |
| --- | --- |

(19)

Member States should lay down rules on the penalties applicable for infringement of the provisions of this Directive and ensure that they are implemented. Those penalties must be effective, proportionate and dissuasive.

| (20) | The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (9). |
| --- | --- |

(20)

The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (9).

| (21) | Since the objectives of this Directive of protecting the environment and ensuring the proper functioning of the internal market cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(21)

Since the objectives of this Directive of protecting the environment and ensuring the proper functioning of the internal market cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

| (22) | This Directive applies without prejudice to Community legislation on safety, quality and health requirements and specific Community waste management legislation, in particular Directive 2000/53/EC of the European Parliament and Council of 18 September 2000 on end-of life vehicles (10) and Directive 2002/96/EC. |
| --- | --- |

(22)

This Directive applies without prejudice to Community legislation on safety, quality and health requirements and specific Community waste management legislation, in particular Directive 2000/53/EC of the European Parliament and Council of 18 September 2000 on end-of life vehicles (10) and Directive 2002/96/EC.

| (23) | As regards producer responsibility, battery producers
  , when identifiable,
  become responsible for further treatment once a battery is removed from any separately collected end-of-life vehicle or waste electrical or electronic equipment. |
| --- | --- |

(23)

As regards producer responsibility, battery producers
  , when identifiable,
  become responsible for further treatment once a battery is removed from any separately collected end-of-life vehicle or waste electrical or electronic equipment.

| (24) | Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of hazardous substances in electrical and electronic equipment (RoHS Directive) (11) does not apply to batteries used in electrical and electronic equipment. |
| --- | --- |

(24)

Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of hazardous substances in electrical and electronic equipment (RoHS Directive) (11) does not apply to batteries used in electrical and electronic equipment.

| (25) | Automotive and industrial batteries used in vehicles should meet the requirements of Directive 2000/ 53/EC, in particular Article 4 thereof. As regards the use of cadmium in industrial batteries for electrical vehicles, Annex II to Directive 2000/53/EC grants an exemption until 31 December 2005. |
| --- | --- |

(25)

Automotive and industrial batteries used in vehicles should meet the requirements of Directive 2000/ 53/EC, in particular Article 4 thereof. As regards the use of cadmium in industrial batteries for electrical vehicles, Annex II to Directive 2000/53/EC grants an exemption until 31 December 2005.

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

OBJECTIVE, SCOPE AND DEFINITIONS

Article 1

Objective

The objective of
  this Directive
  is, first, the prevention of the use of heavy metals in
  batteries and accumulators
  and, in addition,
  the collection, treatment and recycling of
  all
  spent batteries and accumulators
  in order to prevent the disposal of batteries containing hazardous substances and to promote recycling of the useful substances therein. It is also intended to improve the environmental performance of batteries and accumulators and of the activities of all operators involved in the life cycle of electrical and electronic equipment, such as producers, distributors and consumers and especially operators directly involved in the treatment of waste batteries and accumulators
  .

Article 2

Scope

1.   This Directive shall apply to all types of batteries and accumulators, regardless of their shape, volume, weight, material composition or use,
  as well as to the appliances in which they are incorporated in so far as concerns marketing, marking and battery removal requirements
  .

2.   This Directive shall not apply to batteries and accumulators used in equipment
  intended for
  military material or in arms and munitions intended for specifically military purposes
  , nor to batteries and accumulators used in vehicles and equipment designed to be sent into space
  .

Article 3

Definitions

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

| 1) | ‘battery’
  or
  ‘
  accumulator
  ’ means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more primary battery cells (non-rechargeable)
  or consisting of one or more secondary battery cells (rechargeable)
  ; |
| --- | --- |

1)

‘battery’
  or
  ‘
  accumulator
  ’ means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more primary battery cells (non-rechargeable)
  or consisting of one or more secondary battery cells (rechargeable)
  ;

| 2) | ‘
  battery pack’ means any set of batteries or accumulators
  that are connected together and may be
  encapsulated within an outer casing so as to form a complete unit that is not intended to be opened by the consumer; |
| --- | --- |

2)

‘
  battery pack’ means any set of batteries or accumulators
  that are connected together and may be
  encapsulated within an outer casing so as to form a complete unit that is not intended to be opened by the consumer;

| 3) | ‘portable battery or accumulator’ means a battery or accumulator used in household applications, cordless power tools, emergency lighting and electrical and electronic equipment or other applications by either consumers or professional users; |
| --- | --- |

3)

‘portable battery or accumulator’ means a battery or accumulator used in household applications, cordless power tools, emergency lighting and electrical and electronic equipment or other applications by either consumers or professional users;

| 4) | ‘
  button cell
  ’ means a small round battery or accumulator whose diameter is greater than its height and which is used for special purposes such as hearing aids,
  watches, small
  portable equipment
  and back-up power
  ; |
| --- | --- |

4)

‘
  button cell
  ’ means a small round battery or accumulator whose diameter is greater than its height and which is used for special purposes such as hearing aids,
  watches, small
  portable equipment
  and back-up power
  ;

| 5) | ‘industrial battery or accumulator’ means a battery or accumulator used for industrial purposes, for instance as standby or motive power,
  which is not
  a ‘
  portable
  battery or accumulator’
  as defined in point 3
  ; |
| --- | --- |

5)

‘industrial battery or accumulator’ means a battery or accumulator used for industrial purposes, for instance as standby or motive power,
  which is not
  a ‘
  portable
  battery or accumulator’
  as defined in point 3
  ;

| 6) | ‘automotive battery or accumulator’ means a battery or accumulator used for automotive starter, lighting or ignition power for vehicles; |
| --- | --- |

6)

‘automotive battery or accumulator’ means a battery or accumulator used for automotive starter, lighting or ignition power for vehicles;

| 7) | ‘spent battery or accumulator’ means a battery or accumulator which is waste within the meaning of Article 1 (a) of Council Directive 75/442/EEC of 15 July 1975 on waste (12)
  ; |
| --- | --- |

7)

‘spent battery or accumulator’ means a battery or accumulator which is waste within the meaning of Article 1 (a) of Council Directive 75/442/EEC of 15 July 1975 on waste (12)
  ;

| 8) | ‘recycling’ means the reprocessing in a production process of waste materials for the original purposes, but excluding energy recovery
  , which means the use of combustible waste as a means of generating energy through direct incineration with or without other waste but with recovery of heat; |
| --- | --- |

8)

‘recycling’ means the reprocessing in a production process of waste materials for the original purposes, but excluding energy recovery
  , which means the use of combustible waste as a means of generating energy through direct incineration with or without other waste but with recovery of heat;

| 9) | ‘disposal’ means any of the applicable operations provided for in Annex IIA to Directive 75/442/EEC; |
| --- | --- |

9)

‘disposal’ means any of the applicable operations provided for in Annex IIA to Directive 75/442/EEC;

| 10) | ‘treatment’ means any treatment
  , in preparation for recycling, recovery or disposal,
  of spent batteries and accumulators after they have been handed over to a facility
  and includes sorting, disassembly, decanting and so on; |
| --- | --- |

10)

‘treatment’ means any treatment
  , in preparation for recycling, recovery or disposal,
  of spent batteries and accumulators after they have been handed over to a facility
  and includes sorting, disassembly, decanting and so on;

| 11) | ‘appliance’ means any electrical or electronic equipment as defined by Directive 2002/96/EC which is fully or partly powered by batteries or accumulators or is capable of being so; |
| --- | --- |

11)

‘appliance’ means any electrical or electronic equipment as defined by Directive 2002/96/EC which is fully or partly powered by batteries or accumulators or is capable of being so;

| 12) | ‘producer’ means any person who, irrespective of the selling technique used, including by means of distance communication in accordance with Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts: (13)







  (a) | manufactures and sells batteries or accumulators under his own brand
  or incorporated into appliances; |
| --- | --- | --- |

12)

‘producer’ means any person who, irrespective of the selling technique used, including by means of distance communication in accordance with Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts: (13)

(a)

manufactures and sells batteries or accumulators under his own brand
  or incorporated into appliances;

| (b) | resells under his own brand
  or incorporated into appliances batteries or accumulators produced by a supplier who cannot be identified;


  or |
| --- | --- |

(b)

resells under his own brand
  or incorporated into appliances batteries or accumulators produced by a supplier who cannot be identified;

or

| (c) | imports or exports batteries, accumulators or appliances on a professional basis into
  the Community market
  ; |
| --- | --- |

(c)

imports or exports batteries, accumulators or appliances on a professional basis into
  the Community market
  ;

| 13) | ‘distributor’ means any person who provides batteries and accumulators on a commercial basis to end-users; |
| --- | --- |

13)

‘distributor’ means any person who provides batteries and accumulators on a commercial basis to end-users;

| 14) | ‘closed loop system’ means a system in which a spent battery or accumulator is taken back by a producer or a third
  party
  acting
  either independently or
  on
  the producer's
  behalf, in order to recycle its secondary raw materials, for reuse in the manufacturing of new products. |
| --- | --- |

14)

‘closed loop system’ means a system in which a spent battery or accumulator is taken back by a producer or a third
  party
  acting
  either independently or
  on
  the producer's
  behalf, in order to recycle its secondary raw materials, for reuse in the manufacturing of new products.

CHAPTER II

PRODUCT REQUIREMENTS

Article 4

Prevention

1.   
  Without prejudice to Directive 2000/53/EC,
  Member States shall prohibit the marketing of all batteries and accumulators, whether or not incorporated into appliances, which contain more than:

| (a) | 5 ppm of mercury, |
| --- | --- |

(a)

5 ppm of mercury,

| (b) | 40 ppm of lead, and/or |
| --- | --- |

(b)

40 ppm of lead, and/or

| (c) | 20 ppm of cadmium. |
| --- | --- |

(c)

20 ppm of cadmium.

2.
     
  Paragraph 1 shall not apply to the applications listed in Annex III.

3.
     
  On the basis of a proposal from the Commission, the European Parliament and the Council shall adapt Annex III to technical progress, further restricting the list of exemptions in Annex III, if the use of mercury, cadmium or lead in the applications listed therein becomes avoidable because alternatives exist on the market.

Article 5

Increased environmental performance

Member States shall promote research
  and encourage producers to improve
  the overall environmental performance of batteries and accumulators throughout their entire life-cycle, and
  shall encourage
  the
  development and
  marketing of batteries and accumulators which contain smaller quantities of dangerous substances or which contain less polluting substances, in particular, substitutes for mercury, cadmium and lead.

Member States shall promote research and development in these fields to support these objectives.

Member States shall ensure that batteries and accumulators cannot be incorporated into appliances unless they can be readily removed, when spent, by the end-user. This provision shall not apply to the categories of appliance included in Annex III. All appliances in which batteries and accumulators are incorporated shall be accompanied by instructions showing how they can be removed safely and, where appropriate, informing the user of the content of the incorporated batteries and accumulators.

Article 6

Heavy metal-free fuel cells

Member States may prohibit the marketing of accumulators containing heavy metals where heavy metal-free fuel cells are available

CHAPTER
  III

PLACING ON THE MARKET

Article 7

Placing on the market

1.   Member States shall not impede, prohibit or restrict the placing on the market in their territory of batteries or accumulators that meet the requirements of this Directive.

2.   Member States shall take the necessary measures to ensure that batteries or accumulators which do not meet the requirements of this Directive are not placed on the market or are withdrawn from it.

CHAPTER IV

COLLECTION

Article 8

Promotion of a closed loop system

Member States shall take the necessary measures to prevent the final disposal of spent batteries and accumulators and
  to achieve
  a closed loop system for all spent batteries and accumulators
  the use of which is not prohibited by Article 4
  .

Article 9

Collection schemes

1.   Member States shall ensure that:

| (a) | schemes are set up under which spent portable batteries and accumulators can be
  collected individually from end-users or from an accessible place in their vicinity
  free of charge
  where not collected under the schemes referred to in Article 5(1) of Directive 2002/96/EC
  ; |
| --- | --- |

(a)

schemes are set up under which spent portable batteries and accumulators can be
  collected individually from end-users or from an accessible place in their vicinity
  free of charge
  where not collected under the schemes referred to in Article 5(1) of Directive 2002/96/EC
  ;

| (b) | end-users deliver their spent batteries and accumulators to the collection facilities mentioned in point (a); |
| --- | --- |

(b)

end-users deliver their spent batteries and accumulators to the collection facilities mentioned in point (a);

| (c) | producers
  or distributors
  of industrial batteries and accumulators, or third parties acting on their behalf, take back from end-users spent industrial batteries and accumulators, regardless of chemical composition and origin; |
| --- | --- |

(c)

producers
  or distributors
  of industrial batteries and accumulators, or third parties acting on their behalf, take back from end-users spent industrial batteries and accumulators, regardless of chemical composition and origin;

| (d) | producers
  or distributors
  of automotive batteries and accumulators,
  distributors,
  or third parties acting on their behalf, set up schemes for the collection of spent automotive batteries and accumulators
  from end users or from an accessible place in their vicinity
  , where not collected under the schemes referred to in Article 5(1) of Directive 2000/53/EC. |
| --- | --- |

(d)

producers
  or distributors
  of automotive batteries and accumulators,
  distributors,
  or third parties acting on their behalf, set up schemes for the collection of spent automotive batteries and accumulators
  from end users or from an accessible place in their vicinity
  , where not collected under the schemes referred to in Article 5(1) of Directive 2000/53/EC.

2.   Member States shall ensure that, when setting up the collection schemes, the negative external impacts of transport are taken into account.

3.
     
  Member States shall set up minimum deposit schemes for batteries with a low collection rate and batteries containing hazardous substances.

The level of the deposit may vary depending on the risk potential of the substances contained.

Article 10

Individual or collective schemes

Without prejudice to Article 9, Member States shall allow producers to set up individual or collective takeback schemes for spent batteries and accumulators, provided that those schemes are in conformity with this Directive.

Article 11

Final
  disposal

Member States shall ensure that, where the mercury, lead or cadmium parts of batteries and accumulators cannot, after processing, be recycled into new batteries, such parts are finally disposed of in dedicated landfill cells in authorised hazardous waste landfills, with appropriate environmental protection guarantees.

Article 12

Economic instruments

If Member States use economic instruments in order to promote the collection of spent batteries and accumulators or to promote the use of batteries containing less polluting substances, for instance by adopting differential tax rates, they shall notify the measures relating to the implementation of those instruments to the Commission.

Article 13

Collection targets

1.   No later than four years after the date referred to in Article 32(1), Member States shall achieve a minimum average collection rate equivalent to
  50% of the national annual sales two years earlier of all
  portable batteries and accumulators including portable nickel-cadmium batteries.

No later than six years after the date referred to in Article 32(1),
  Member States shall achieve a minimum
  average
  collection rate equivalent to
  60%
  of
  national annual sales two years earlier of all portable batteries and accumulators, including portable nickel-cadmium batteries.

2.   A report on
  collection
  shall be drawn up on the basis of Table 2 in Annex I. Without prejudice to Regulation (EC) No 2150/2002 of the European Parliament and of the Council of 25 November 2002 on waste statistics (14), Member States shall draw up the report every year, starting one year after the date referred to in Article 32(1) and covering the whole of each calendar year. It shall be transmitted to the Commission no later than six months after the end of the year in question.

3.
     
  No later than six years after the date referred to in Article 32(1), the Commission shall make a proposal in accordance with Article 251 of the Treaty to increase the collection targets.

Article 14

Specific extensions and adaptations

1.   Member States may apply for an extension of the deadline for reaching the collection targets referred to in Article 13 of up to a maximum of 36 months, for reasons relating to specific geographical circumstances such as a large number of small islands or the presence of rural and mountain areas and low population density.
  A list of extensions applied for and agreed is given in Annex ... (15)

  .

2.   Member States having acceded to the European Union by virtue of Accession Treaties concluded after 1 January 2003 may also apply for adaptation of the collection targets referred to in Article 13, by reference to particular social, economic, geographical or environmental circumstances such as a large number of small islands or the existence of rural and mountainous areas and a low population density. A list of extensions applied for and agreed is given in Annex ... (15)

  .

3.   If a Member State deems it necessary to introduce national measures based on the previous paragraphs, it shall notify the Commission of the envisaged national measures and the grounds for introducing them.

4.   The Commission shall, within six months of the notifications as referred to in paragraph 3, approve or reject the envisaged national measures after having verified that they are consistent with the conditions set out in paragraphs 1 and 2 and do not constitute an arbitrary means of discrimination or a disguised restriction on trade between Member States.

In the absence of any decision from the Commission within this period, the envisaged national measures shall be deemed to have been approved.

5.   The Commission shall inform
  the
  other Member States of
  any notifications received with a view to seeking their opinions on the matter in issue before taking its decisions. The Commission shall also inform the Member States of those
  decisions.

CHAPTER V

TREATMENT AND RECYCLING

Article 15

Treatment operations

1.   Member States shall ensure that schemes are set up
  , using the best available treatment and recycling techniques
  in terms of the protection of human health and the environment
  , to provide for the treatment of spent batteries and accumulators collected in accordance with Article 9
  that comply, as a minimum, with Community legislation, in particular as regards health, safety and waste management. They
  shall ensure that, when setting up the treatment schemes, the negative external impacts of transport are taken into account.

Member States shall ensure that producers, or third parties acting on their behalf, set up recycling schemes for spent batteries and accumulators collected in accordance with Article 9, using the best available techniques that do not entail excessive costs.

2.   The treatment shall, as a minimum, include removal
  , where applicable,
  of all fluids and acids.
  Storage shall
  ,
  where this occurs,
  even temporarily,
  be on
  sites with impenetrable surfaces and suitable weatherproof covering or in suitable containers.

3.   Producers may set up such schemes on an individual or collective basis.

Article 16

Exports

1.   Treatment
  and /or recycling
  may also be undertaken outside the Member State concerned or outside the Community provided that the shipment of spent batteries and accumulators is in compliance with Council Regulation (EEC)
  No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community
   (16)

Spent batteries and accumulators exported out of the Community in accordance with Regulation (EEC) No 259/93, Council Regulation (EC) No 1420/1999 of 29 April 1999 establishing common rules and procedures to apply to shipments to certain non-OECD countries of certain types of waste
   (17) and Commission Regulation (EC) No 1547/1999 of 12 July 1999 determining the control procedures under Council Regulation (EEC) No 259/93 to apply to shipments of certain types of waste to certain countries to which OECD Decisions C(92) 39 final does not apply
   (18) shall count towards the fulfilment of the obligations and targets in Articles
  11,
  18 and 19 of this Directive, provided that the exporter declares that the
  treatment and/or
  recycling operation took place under conditions equivalent to the requirements of this Directive.

2.   The Commission shall establish detailed rules for the implementation of the previous paragraph, in accordance with the procedure referred to in Article 30(2).

Article 17

New recycling technologies

1.   Member States shall promote the development of new recycling and treatment technologies, and research into environmentally friendly and cost-effective recycling methods for all types of batteries and accumulators.

2.   Member States shall encourage treatment facilities to introduce certified environmental management schemes in accordance with European Parliament and Council Regulation (EC) 761/2001 of 19 March 2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (19).

Article 18

Recycling targets

1.
     Member States shall ensure that, one year after the date referred to in Article 32(1), producers, or third parties acting on their behalf,
  provide for the recycling of all batteries collected separately in accordance with Article 9
  .

2.
     
  New minimum recycling targets shall be established for all batteries and accumulators three years after the date referred to Article 32(1).

The minimum recycling targets are to be evaluated regurlarly and adapted to scientific and technical progress.

Article 19

Recycling efficiency targets

1.   Member States shall ensure that, no later than three years after the date referred to in Article 32(1), producers, or third parties acting on their behalf, achieve the following minimum recycling efficiencies:

| (a) | a minimum
  recycling
  of 65% by average weight of the materials contained in lead-acid accumulators
  and a closed loop for all the lead contained; |
| --- | --- |

(a)

a minimum
  recycling
  of 65% by average weight of the materials contained in lead-acid accumulators
  and a closed loop for all the lead contained;

| (b) | a minimum
  recycling
  of 75% by average weight of the materials contained in nickel-cadmium accumulators
  and a closed loop for all the cadmium contained; |
| --- | --- |

(b)

a minimum
  recycling
  of 75% by average weight of the materials contained in nickel-cadmium accumulators
  and a closed loop for all the cadmium contained;

| (c) | recycling of 55% by average weight of the materials contained in other spent batteries and accumulators. |
| --- | --- |

(c)

recycling of 55% by average weight of the materials contained in other spent batteries and accumulators.

The proposed minimum recycling efficiencies are to be evaluated regularly and adapted to best available technology and scientific and technical progress in accordance with the procedure referred to in Article 30(2).

2.   Member States shall report annually on the recycling targets referred to in Article 18 as well as the recycling efficiencies, referred to in the previous paragraph, actually achieved in each calendar year, starting from the dates referred to in the previous paragraph.

That information shall be submitted to the Commission no later than six months after the end of the year concerned.

CHAPTER VI

COMMON PROVISIONS ON COLLECTION, TREATMENT AND RECYCLING

Article 20

Schemes for portable batteries and accumulators

1.   Member States shall ensure that,
  no later than one year after the date referred to in Article 32(1),
  producers, or third parties acting on their behalf,
  provide
  the financing for at least the
  collection,
  treatment, recycling and
  environmentally
  sound disposal of all spent portable batteries and accumulators deposited at collection facilities set up under Article 9(1)(a).

2.
     
  In the case of products placed on the market later than one year after the date referred to in Article 32(1), every producer shall be responsible for financing the operations referred to in paragraph 1 of this Article in relation to the waste from his own products.

3.   Member States shall ensure that producers comply with the previous paragraph by means of individual or collective schemes.

4.
     
  The costs of collection, treatment and environmentally sound disposal shall not be shown separately to purchasers at the time of sale of new products.

Article 21

Schemes for industrial and automotive batteries and accumulators

1.   Member States shall ensure that producers, or third parties acting on their behalf, arrange financing for the collection, treatment and recycling of spent industrial and automotive batteries and accumulators collected in accordance with Article 9(1)(b) and (c).

2.
     
  For batteries which are still incorporated in other products such as cars or electrical and electronic equipment at the moment those other products become waste, the battery producers will only become responsible for the further treatment of the batteries after their removal from the other products.

3.   Member States shall allow producers and users of industrial and automotive batteries and accumulators to conclude agreements under which other financing methods than the ones referred to in paragraph 1 can be used.

4.
     
  Member States shall ensure that end-users are obliged to return their spent industrial and automotive batteries and accumulators to collection systems.

Article 22

Registration and Guarantee

Member States shall take the necessary measures to ensure that, when placing a product on the market, each producer is registered and provides a guarantee that the management of spent batteries and accumulators
  that he has placed on the market
  will be financed. The producer may provide a guarantee in the form of its participation in appropriate schemes for financing the management of spent batteries and accumulators, or of a recycling insurance, or of a blocked bank account.

In the case of batteries which are still incorporated in other products, such as cars or electrical or electronic equipment, at the moment those other products become waste, battery producers will only become responsible for the further treatment of the batteries after their removal from the other products.

Member States shall draw up a register of producers and shall collect information, including substantiated estimates, on an annual basis, on the quantities and categories of batteries and accumulators placed on their market, collected, treated and recycled within the Member States, and on collected waste exported, by weight or, if this is not possible, by numbers.

The measures should differentiate between the financing of the management of spent mercury, lead or cadmium batteries and accumulators and the financing of the management of other spent batteries and accumulators.

Member States may disregard the financing guarantee where the collection and recycling of batteries and accumulators are self-financing.

Article 23

Historic waste

1.   Responsibility for meeting the costs of
  the collection, treatment, recycling and environmentally sound disposal of
  spent batteries and accumulators placed on the market before the entry into force of this Directive, historic waste, shall lie with producers.

Member States shall take the necessary measures to ensure that all producers of portable batteries placed on the market before the entry into force of this Directive, or third parties acting on their behalf, have met their obligations in proportion to their weight-related market share per type of battery and accumulator.

2.   For industrial batteries and accumulators put on the market before the entry into force of the Directive and being replaced by equivalent products or by products fulfilling the same function, the financing of the management should be provided by the producers when supplying those new products. Member States may, as an alternative, provide that the final user also be partially or totally responsible for this financing.

3.   For other industrial historical waste batteries, the financing of the costs shall be provided for by the industrial users.

4.   With regard to historic waste, Member States shall ensure that for a transitional period of four years after the date referred to in Article 32(1) producers are allowed, at the time of sale of new products, to show purchasers the costs of collection, treatment and recycling of all spent batteries and accumulators. The costs mentioned shall not exceed the actual costs incurred.

Article 24

Participation

Member States shall ensure that all economic operators in the sectors concerned and all the competent public authorities may participate in the collection, treatment and recycling schemes referred to in Articles 9, 10 and 15.

These schemes shall also apply to products imported from third countries under non-discriminatory conditions, and shall be designed to avoid barriers to trade or distortions of competition.

CHAPTER VII

CONSUMER INFORMATION

Article 25

End-user
  information

1.   Member States shall ensure, in particular through
  national
  information campaigns, that
  end-users
  are fully informed of.

| (a) | the potential effects on the environment and human health
  of batteries and accumulators and
  of the substances used in batteries and accumulators; |
| --- | --- |

(a)

the potential effects on the environment and human health
  of batteries and accumulators and
  of the substances used in batteries and accumulators;

| (b) | the requirement not to dispose of spent batteries and accumulators as unsorted municipal waste and to collect such waste separately; |
| --- | --- |

(b)

the requirement not to dispose of spent batteries and accumulators as unsorted municipal waste and to collect such waste separately;

| (c) | the collection and recycling schemes available to them; |
| --- | --- |

(c)

the collection and recycling schemes available to them;

| (d) | their role in contributing to the recycling of spent batteries and accumulators; |
| --- | --- |

(d)

their role in contributing to the recycling of spent batteries and accumulators;

| (e) | the meaning of the symbol of the crossed-out wheeled bin shown in Annex II and the chemical symbols Hg, Cd and Pb. |
| --- | --- |

(e)

the meaning of the symbol of the crossed-out wheeled bin shown in Annex II and the chemical symbols Hg, Cd and Pb.

2.
     
  Producers shall fund the provision of the end-user information referred to in paragraph (1).

3.
     
  Member States shall take appropriate measures to encourage end-users to participate in the collection of spent batteries and accumulators and to persuade them to facilitate the process of re-use, treatment and recovery.

Article 26

Economic operators

Member States may require that some or all the information referred to in Article 25 be provided by economic operators, in particular those involved in the manufacture, distribution and sale of batteries and accumulators.

CHAPTER VIII

MARKING REQUIREMENTS

Article 27

Labelling

1.   Member States shall ensure that all batteries, accumulators and battery packs are appropriately marked with the symbol shown in
  Annex II
  .

Member States shall ensure that the capacity of all batteries, accumulators and battery packs is indicated on them in a visible, legible and indelible form.

2.
     
  Batteries, accumulators and button cells containing more than 5 of ppm mercury, more than 20 ppm of cadmium or more than 40 ppm of lead, shall be marked with the chemical symbol for the metal concerned: Hg, Cd or Pb. The symbol indicating the heavy metal content shall be printed beneath the symbol shown in Annex II and shall cover an area of at least one quarter the size of that symbol.

3.
     
  The symbol shown in Annex II shall cover 3% of the area of the largest side of the battery, accumulator or battery pack, up to a maximum size of 5 × 5 cm. In the case of cylindrical cells, the symbol shall cover 1,5% of the surface area of the battery or accumulator and shall have a maximum size of 5 × 5 cm.

4.
     
  Where the size of the battery, accumulator or battery pack is such that the symbol would be smaller than 0,5 × 0,5 cm, the battery, accumulator or battery pack need not be marked but a symbol measuring 1 × 1 cm shall be printed on the packaging.

5.
     
  The symbols shall be printed visibly, legibly and indelibly.

6.
     
  Member States shall not require additional marking on batteries and accumulators relating to matters regulated by this Directive.

7.
     
  The Commission may, under the procedure referred to in Article 30(2), provide for exemptions from labelling pursuant to this Article.

CHAPTER IX

FINAL PROVISIONS

Article 28

National implementation reports

1.   Member States shall send the Commission a report on the implementation of this Directive every three years. The reports shall be drawn up on the basis of a questionnaire or outline established by the Commission in accordance with the procedure laid down in Article 30(2). The questionnaire or outline shall be sent to the Member States six months before the start of the period covered by the report.

2.   The report shall be made available to the Commission no later than nine months after the end of the three-year period concerned. The first report shall cover the three-year period starting on the date referred to in Article 32(1).

Article 29

Review

1.   The Commission shall publish a report on the implementation of this Directive and on the impact of this Directive on the environment as well as on the functioning of the internal market no later than nine months after receiving the reports from the Member States. This report shall include an evaluation on the following aspects of the Directive:

| (a) | the appropriateness of further risk management measures for batteries and accumulators containing heavy metals, taking into account
  the latest scientific evidence and
  the reporting obligation of the Member States referred to in Article 6; |
| --- | --- |

(a)

the appropriateness of further risk management measures for batteries and accumulators containing heavy metals, taking into account
  the latest scientific evidence and
  the reporting obligation of the Member States referred to in Article 6;

| (b) | the appropriateness of the minimum collection target for all spent portable batteries and
  accumulators, taking
  into account the information provided by the Member States on the basis of Article 6, technical progress and practical experience gained in the Member States; |
| --- | --- |

(b)

the appropriateness of the minimum collection target for all spent portable batteries and
  accumulators, taking
  into account the information provided by the Member States on the basis of Article 6, technical progress and practical experience gained in the Member States;

| (c) | the appropriateness of the minimum recycling targets and recycling efficiencies set out in Articles 18 and 19, taking into account the information provided by the Member States, technical progress and practical experience gained in the Member States; |
| --- | --- |

(c)

the appropriateness of the minimum recycling targets and recycling efficiencies set out in Articles 18 and 19, taking into account the information provided by the Member States, technical progress and practical experience gained in the Member States;

| (d) | the extent to which heavy metal-free fuel cells can replace accumulators containing heavy metals. |
| --- | --- |

(d)

the extent to which heavy metal-free fuel cells can replace accumulators containing heavy metals.

2.   The Commission shall publish the report in the Official Journal. The report shall, where necessary, be accompanied by proposals for revision of the related provisions of this Directive.

In the light of the evaluation the Commission shall, where appropriate, submit a new proposal for a directive with a view, in so far as heavy metal-free fuel cells could replace accumulators containing heavy metals, to prohibiting the marketing of accumulators containing heavy metals in new appliances.

Article 30

Committee procedure

1.   The Commission shall be assisted by the Committee set up under Article 18 of Directive 75/442/EEC.

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

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

Article 31

Penalties

Member States shall lay down the rules for penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all the necessary measures to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission by the date specified in Article 32 at the latest and shall notify it without delay of any subsequent amendment affecting them.

Article 32

Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive at the latest 18 months after entry into force of this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation between those provisions and this Directive.

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

3.   Member States shall communicate to the Commission the text of all existing laws, regulations and administrative provisions adopted in the field covered by this Directive.

Article 33

Voluntary agreements

Provided that the objectives set out in this Directive are achieved, Member States may transpose the provisions set out in Articles 6, 9, 16, 25, 26 and 27 by means of agreements between the competent authorities and the economic operators concerned. Such agreements shall meet the following requirements:

| (a) | they shall be enforceable; |
| --- | --- |

(a)

they shall be enforceable;

| (b) | they must specify objectives with the corresponding deadlines; |
| --- | --- |

(b)

they must specify objectives with the corresponding deadlines;

| (c) | they must be published in the national official journal or an official document equally accessible to the public and transmitted to the Commission; |
| --- | --- |

(c)

they must be published in the national official journal or an official document equally accessible to the public and transmitted to the Commission;

| (d) | the results achieved must be monitored regularly, and reported to the competent authorities and the Commission, and made available to the public under the conditions set out in the agreement; |
| --- | --- |

(d)

the results achieved must be monitored regularly, and reported to the competent authorities and the Commission, and made available to the public under the conditions set out in the agreement;

| (e) | the competent authorities shall ensure that the progress reached under the agreement is examined; |
| --- | --- |

(e)

the competent authorities shall ensure that the progress reached under the agreement is examined;

| (f) | in cases of non-compliance with the agreements, Member States shall implement the relevant provisions of this Directive by legislative, regulatory or administrative measures. |
| --- | --- |

(f)

in cases of non-compliance with the agreements, Member States shall implement the relevant provisions of this Directive by legislative, regulatory or administrative measures.

Article 34

Repeal

Directive 91/157/EEC is repealed with effect from the date referred to in Article 32(1) of entry into force of this Directive.

References to Directive 91/157/EEC shall be construed as references to this Directive.

Article 35

Entry into force

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

Article 36

Addressees

This Directive is addressed to the Member States.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C ...

1

(2)  OJ C ...

2

(3)  OJ C ...

3

(4)  Position of the European Parliament of 20 April 2004.

4

Position

20 April 2004

(5)  COM(96) 399 final.

5

final

(6)  OJ L 78, 26.3.1991, p. 38. Directive amended by Commission Directive 98/101/EC (OJ L 1, 5.1.1999, p. 1).

6

(7)  OJ L 242, 10.9.2002, p. 1.

7

(8)  OJ L 37, 13.2.2003, p. 24
  . Directive as amended by Directive 2003/108/EC (OJ L 345, 31.12.2003, p. 106).

8

37

p. 24

Directive as amended by Directive 2003/108/EC (OJ L 345, 31.12.2003, p. 106)

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

9

(10)  OJ L 269, 21.10.2000, p. 34. Directive as amended by Commission Decision 2002/525/EC (OJ L 170, 29.6.2002, p. 81).

10

Directive as amended by Commission Decision 2002/525/EC (OJ L 170, 29.6.2002, p. 81)

(11)  
  OJ L 37, 13.2.2003, p. 19.

11

OJ L 37, 13.2.2003, p. 19.

(12)  OJ L 194, 25.7.1975, p. 39. Directive amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

12

(13)  OJ L 144, 4.6.1997, p. 19. Directive as amended by Directive 2002/65/EC (OJ L 271, 9.10.2002, p. 16).

13

Directive as amended by Directive 2002/65/EC (OJ L 271, 9.10.2002, p. 16)

(14)  
  OJ L 332, 9.12.2002, p. 1.

14

OJ L 332, 9.12.2002, p. 1.

(15)  [To be added before the adoption of this Directive.]

15

(16)  OJ L 30, 6.2.1993, p. 1. Regulation as last amended by Commission Regulation (EC) No 2557/2001 (OJ L 349, 31.12.2001, p. 1).

16

(EC) No 2557/2001

(17)  OJ L 166, 1.7.1999, p. 6. Amended by Commission Regulation (EC) No 2118/2003 (OJ L 318, 3.12.2003, p. 5).

17

(EC) No 2118/2003 (OJ L 318, 3.12.2003, p. 5)

(18)  OJ L 185, 17.7.1999, p. 1. Regulation as amended by Regulation (EC) No 2118/2003.

18

(EC) No 2118/2003

(19)  OJ L 114, 24.4.2001, p. 1.

19

24.4.2001

ANNEX I

MONITORING
  OF COMPLIANCE WITH THE COLLECTION TARGETS IN ACCORDANCE WITH ARTICLE 13

| Year | |
| --- | --- |
| Country | |
| Number of inhabitants | |
| Total quantity in tonnes of portable batteries and accumulators placed on the market in the year | |
| Total quantity in tonnes of spent portable batteries and accumulators collected separately in the year | |
| Collection rate achieved for the total quantity of spent portable batteries and accumulators
  as a percentage of sales volumes based on sales two years earlier | |
| Total quantity in tonnes of portable nickel-cadmium batteries and accumulators placed on the market in the year two years previously | |
| Total quantity in tonnes of spent
  portable batteries
  and accumulators collected separately in the
  year | |
| Collection
  rate achieved for the
  total quantity of spent
  nickel-cadmium
  portable
  batteries and accumulators
  as a percentage of sales volumes | |

Year

Country

Number of inhabitants

Total quantity in tonnes of portable batteries and accumulators placed on the market in the year

Total quantity in tonnes of spent portable batteries and accumulators collected separately in the year

Collection rate achieved for the total quantity of spent portable batteries and accumulators
  as a percentage of sales volumes based on sales two years earlier

Total quantity in tonnes of portable nickel-cadmium batteries and accumulators placed on the market in the year two years previously

Total quantity in tonnes of spent
  portable batteries
  and accumulators collected separately in the
  year

Collection
  rate achieved for the
  total quantity of spent
  nickel-cadmium
  portable
  batteries and accumulators
  as a percentage of sales volumes

ANNEX II

SYMBOL FOR THE MARKING OF BATTERIES, ACCUMULATORS AND BATTERY PACKS FOR SEPARATE COLLECTION

The
  symbol indicating ‘separate collection’ for all batteries and accumulators shall be the crossed-out wheeled bin shown
  below
  :

ANNEX III

BATTERIES AND ACCUMULATORS IN APPLICATIONS EXEMPTED FROM THE PROHIBITION IN ARTICLE 4(1)

In accordance with Article 4(2) batteries and accumulators, whether or not incorporated into appliances, used in the following applications are exempted from the prohibition mentioned in Article 4(1):

| — | button cells, and batteries made up of button cells with a mercury content of no more than 2% by weight, |
| --- | --- |

—

button cells, and batteries made up of button cells with a mercury content of no more than 2% by weight,

| — | cadmium in batteries or accumulators for emergency lighting, |
| --- | --- |

—

cadmium in batteries or accumulators for emergency lighting,

| — | cadmium in batteries and accumulators for industrial applications, |
| --- | --- |

—

cadmium in batteries and accumulators for industrial applications,

| — | cadmium in batteries and accumulators for aeroplanes and trains, but excluding NiCd batteries used in electrical vehicles, since those applications fall under Article 4(2) (a) of Directive 2000/53/EC, |
| --- | --- |

—

cadmium in batteries and accumulators for aeroplanes and trains, but excluding NiCd batteries used in electrical vehicles, since those applications fall under Article 4(2) (a) of Directive 2000/53/EC,

| — | lead in automotive batteries and accumulators, according to the provisions of Directive 2000/53/EC, |
| --- | --- |

—

lead in automotive batteries and accumulators, according to the provisions of Directive 2000/53/EC,

| — | lead in batteries and accumulators of applications which are needed to start combustion engines (for example in garden tractors, boat engines, aeroplanes and motorcycles), |
| --- | --- |

—

lead in batteries and accumulators of applications which are needed to start combustion engines (for example in garden tractors, boat engines, aeroplanes and motorcycles),

| — | lead in batteries and accumulators for industrial applications. |
| --- | --- |

—

lead in batteries and accumulators for industrial applications.

In accordance with Article 11, Member States shall prohibit the final disposal of all batteries and accumulators listed in this Annex in landfills or by incineration.

ANNEX IV

LIST OF THE CATEGORIES OF APPLIANCE EXCLUDED FROM THE SCOPE OF ARTICLE 5

1. Reference cells in scientific and professional equipment, and batteries and accumulators placed in medical devices designed to maintain vital functions and in heart pacemakers, where uninterrupted functioning is essential and the batteries and accumulators can be removed only by qualified personnel;

2. Portable appliances with an intended lifetime exceeding that of the original set of batteries or accumulators, where their replacement by unqualified personnel could present safety hazards to the user or could affect the operation of the appliance;

3. Appliances in respect of which legal safety standards require the use of tools for battery removal or which are designed and sold as waterproof;

4. Batteries and accumulators incorporated into professional equipment intended for use in highly sensitive surroundings, for example, in the presence of volatile substances.

P5_TA(2004)0305

Charging HGVs for infrastructure ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council directive amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures (COM(2003) 448 — C5-0351/2003 — 2003/0175(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 448) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 448) (1),

| — | having regard to Articles 251(2) and 71(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0351/2003), |
| --- | --- |

—

having regard to Articles 251(2) and 71(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0351/2003),

| — | having regard to the motion for a resolution by Jorge Salvador Hernández Mollar on private investment in transport infrastructure (B5-0360/2003), |
| --- | --- |

—

having regard to the motion for a resolution by Jorge Salvador Hernández Mollar on private investment in transport infrastructure (B5-0360/2003),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinions of the Committee on Economic and Monetary Affairs and the Committee on the Environment, Public Health and Consumer Policy (A5-0220/2004), |
| --- | --- |

—

having regard to the report of the Committee on Regional Policy, Transport and Tourism and the opinions of the Committee on Economic and Monetary Affairs and the Committee on the Environment, Public Health and Consumer Policy (A5-0220/2004),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

---

(1)  Not yet published in the OJ.

P5_TC1-COD(2003)0175

Position of the European Parliament adopted at first reading on 20 April 2004 with a view to the adoption of Directive 2004/.../EC of the European Parliament and of the Council amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71(1) thereof,

Having regard to European Parliament and Council Directive 1999/62/EC of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures (1), and in particular Article 7 thereof,

Having regard to the proposal from the Commission (2),

Having regard to the Opinion of the Economic and Social Committee (3),

Having regard to the Opinion of the Committee of the Regions (4),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (5),

Whereas:

| (1) | The Commission announced its intention of proposing a directive on charging for the use of road infrastructure in the White Paper ‘European transport policy for 2010: time to decide’. The European Parliament confirmed the need for infrastructure charging in its resolution of 12 February 2003 (6) on the White Paper and welcomed the fair allocation of external costs for each mode of transport as a key element of a sustainable transport policy, both from the point of view of fair competition between the individual modes of transport, and from the point of view of effective environmental protection. The Copenhagen European Council of December 2002 and the Brussels European Council of March 2003 also welcomed the Commission's intention of presenting a new ‘Eurovignette’ Directive. |
| --- | --- |

(1)

The Commission announced its intention of proposing a directive on charging for the use of road infrastructure in the White Paper ‘European transport policy for 2010: time to decide’. The European Parliament confirmed the need for infrastructure charging in its resolution of 12 February 2003 (6) on the White Paper and welcomed the fair allocation of external costs for each mode of transport as a key element of a sustainable transport policy, both from the point of view of fair competition between the individual modes of transport, and from the point of view of effective environmental protection. The Copenhagen European Council of December 2002 and the Brussels European Council of March 2003 also welcomed the Commission's intention of presenting a new ‘Eurovignette’ Directive.

| (2) | A
  fair
  system of charging for the use of road infrastructure
  , based on the ‘user pays’ and the ‘polluter pays’ principles,
  is crucial in order to ensure sustainable transport in the Community. The objective of making optimum use of the existing road network and achieving a significant reduction in its negative impact
  must be
  achieved
  ,
  without
  ultimately increasing the overall cost to users and in such a way as to avoid double taxation,
  in the interests of sound economic growth and the proper functioning of the single market.
  In addition, the Commission should develop uniform calculation principles, based on scientifically recognised data, which will in future clear the way for the internalisation of external costs. |
| --- | --- |

(2)

A
  fair
  system of charging for the use of road infrastructure
  , based on the ‘user pays’ and the ‘polluter pays’ principles,
  is crucial in order to ensure sustainable transport in the Community. The objective of making optimum use of the existing road network and achieving a significant reduction in its negative impact
  must be
  achieved
  ,
  without
  ultimately increasing the overall cost to users and in such a way as to avoid double taxation,
  in the interests of sound economic growth and the proper functioning of the single market.
  In addition, the Commission should develop uniform calculation principles, based on scientifically recognised data, which will in future clear the way for the internalisation of external costs.

| (3) | In paragraph 29 of the conclusions of its meeting of 15 and 16 June 2001 in Göteborg, the European Council stated that a sustainable transport policy should tackle rising volumes of traffic and levels of congestion, noise and pollution and encourage the use of environment-friendly modes of transport as well as the full internalisation of social and environmental costs. |
| --- | --- |

(3)

In paragraph 29 of the conclusions of its meeting of 15 and 16 June 2001 in Göteborg, the European Council stated that a sustainable transport policy should tackle rising volumes of traffic and levels of congestion, noise and pollution and encourage the use of environment-friendly modes of transport as well as the full internalisation of social and environmental costs.

| (4) | The concern to avoid adding to the burden on operators becomes especially important regarding outlying regions, which already suffer a disadvantage in terms of transport cost on account of the greater distances which their operators have to cover in order to reach the main production and consumption centres. |
| --- | --- |

(4)

The concern to avoid adding to the burden on operators becomes especially important regarding outlying regions, which already suffer a disadvantage in terms of transport cost on account of the greater distances which their operators have to cover in order to reach the main production and consumption centres.

| (5) | Eliminating distortions of competition between transport undertakings in the Member States, the proper functioning of the internal market
  ,
  improved competitiveness and concern for the environment and public health all depend on non- discriminatory fair mechanisms being established, in accordance with the subsidiarity principle, to charge hauliers for the cost of infrastructure use. A degree of harmonisation has already been achieved through the adoption of Directive 1999/62/EC. |
| --- | --- |

(5)

Eliminating distortions of competition between transport undertakings in the Member States, the proper functioning of the internal market
  ,
  improved competitiveness and concern for the environment and public health all depend on non- discriminatory fair mechanisms being established, in accordance with the subsidiarity principle, to charge hauliers for the cost of infrastructure use. A degree of harmonisation has already been achieved through the adoption of Directive 1999/62/EC.

| (6) | With regard to infrastructure financing, efforts to reduce congestion and complete the trans-European network infrastructure should be stepped up. |
| --- | --- |

(6)

With regard to infrastructure financing, efforts to reduce congestion and complete the trans-European network infrastructure should be stepped up.

| (7) | For the purposes of setting tolls, Directive 1999/62/EC takes account of infrastructure construction, operating, maintenance and development costs. To avoid charging for construction costs more than once, the costs that may be taken into account for this purpose must be limited to those for new infrastructure, i.e. infrastructure to be built in future or which has been completed
  within an appropriate period before this Directive enters into force
  . However, a special provision should be introduced, so as not to cause prejudice, with regard to taking into account construction costs, to the rights relating to concession contracts in existence at the time of entry into force of the directive. |
| --- | --- |

(7)

For the purposes of setting tolls, Directive 1999/62/EC takes account of infrastructure construction, operating, maintenance and development costs. To avoid charging for construction costs more than once, the costs that may be taken into account for this purpose must be limited to those for new infrastructure, i.e. infrastructure to be built in future or which has been completed
  within an appropriate period before this Directive enters into force
  . However, a special provision should be introduced, so as not to cause prejudice, with regard to taking into account construction costs, to the rights relating to concession contracts in existence at the time of entry into force of the directive.

| (8) | The provisions in this Directive will not in any circumstances affect rights derived from existing concessionary contracts. |
| --- | --- |

(8)

The provisions in this Directive will not in any circumstances affect rights derived from existing concessionary contracts.

| (9) | International
  road transport operations are concentrated on the trans-European road transport network. Furthermore, the operation of the internal market is vital to commercial transport. Consequently, the Community framework must apply to commercial transport on the trans-European road network as defined in Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network (7). In order to avoid traffic being diverted, with potentially serious consequences for road safety and the optimum use of the transport network, Member States must be able to introduce charging on any road which is in direct competition with the trans-European network (Main road network). In accordance with the principle of subsidiarity, Member States
  and, in accordance with their respective powers, regional and local authorities
  are free to apply tolls and/or user charges on roads other than those on the main road network, in compliance with the rules of the Treaty. |
| --- | --- |

(9)

International
  road transport operations are concentrated on the trans-European road transport network. Furthermore, the operation of the internal market is vital to commercial transport. Consequently, the Community framework must apply to commercial transport on the trans-European road network as defined in Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network (7). In order to avoid traffic being diverted, with potentially serious consequences for road safety and the optimum use of the transport network, Member States must be able to introduce charging on any road which is in direct competition with the trans-European network (Main road network). In accordance with the principle of subsidiarity, Member States
  and, in accordance with their respective powers, regional and local authorities
  are free to apply tolls and/or user charges on roads other than those on the main road network, in compliance with the rules of the Treaty.

| (10) | The fact that the user is able to take decisions which will influence the burden of tolls by choosing the least polluting vehicles, itineraries which are less ecologically sensitive, less congested periods or itineraries and safer vehicles, is central to a charging system. States should therefore be able to differentiate tolls according to a vehicle's emission category (‘EURO’ classification) and the level of damage it causes to roads, the place, the time and the amount of congestion.
  The variations in toll rates must not result in an increase in the weighed average toll referred to in Article 7(9). |
| --- | --- |

(10)

The fact that the user is able to take decisions which will influence the burden of tolls by choosing the least polluting vehicles, itineraries which are less ecologically sensitive, less congested periods or itineraries and safer vehicles, is central to a charging system. States should therefore be able to differentiate tolls according to a vehicle's emission category (‘EURO’ classification) and the level of damage it causes to roads, the place, the time and the amount of congestion.
  The variations in toll rates must not result in an increase in the weighed average toll referred to in Article 7(9).

| (11) | The
  financial burden for the transport sector must not be increased, but distributed differently by replacing fixed taxes and charges by a system of charges related to use. When Member States introduce tolls and/or user charges, they must therefore be able to reduce in particular the rates of annual taxes on vehicles, where appropriate to below the minimum levels provided for in Annex I to Directive 1999/62/EC
  , and/or excise duty on motor fuels
  . |
| --- | --- |

(11)

The
  financial burden for the transport sector must not be increased, but distributed differently by replacing fixed taxes and charges by a system of charges related to use. When Member States introduce tolls and/or user charges, they must therefore be able to reduce in particular the rates of annual taxes on vehicles, where appropriate to below the minimum levels provided for in Annex I to Directive 1999/62/EC
  , and/or excise duty on motor fuels
  .

| (12) | Member States should be allowed to apply reduced rates of vehicle taxes to, or to exempt from such taxes, vehicles used for national defence or civil protection purposes, vehicles used by fire and other emergency services and by the police and by road maintenance services and vehicles used by recognised relief organisations. |
| --- | --- |

(12)

Member States should be allowed to apply reduced rates of vehicle taxes to, or to exempt from such taxes, vehicles used for national defence or civil protection purposes, vehicles used by fire and other emergency services and by the police and by road maintenance services and vehicles used by recognised relief organisations.

| (13) | In accordance with the principle of subsidiarity, Member States shall decide on the use of revenue from fees for the benefit of road infrastructure
  . Consequently, the revenue from fees
  should, however,
  be used for the benefit of the transport sector
  and for improving the entire transport system
  , in the interests of the transport network as a whole. |
| --- | --- |

(13)

In accordance with the principle of subsidiarity, Member States shall decide on the use of revenue from fees for the benefit of road infrastructure
  . Consequently, the revenue from fees
  should, however,
  be used for the benefit of the transport sector
  and for improving the entire transport system
  , in the interests of the transport network as a whole.

| (14) | Particular attention must be devoted to mountain regions such as the Alps or the Pyrenees
  and to the zones and agglomerations referred to in Article 8(1) of Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management (8)

  . The launch of major new infrastructure projects has often failed because the substantial financial resources they would require were not available. In
  these
  particularly sensitive regions, users must therefore pay a mark-up to finance essential projects of very high European value
  — such as priority TENs projects —
  including those involving another mode of transport
  and network links
  in the same corridor
  and/or
  area; the level of such a mark-up must be proportionate in order to safeguard freedom of movement. This amount must be linked to the financial needs of the project. It should also be linked to the basic value of the tolls in order to avoid artificially high charges in any one corridor, which could lead to traffic being diverted to other corridors, thereby causing local congestion problems and inefficient use of networks. |
| --- | --- |

(14)

Particular attention must be devoted to mountain regions such as the Alps or the Pyrenees
  and to the zones and agglomerations referred to in Article 8(1) of Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management (8)

  . The launch of major new infrastructure projects has often failed because the substantial financial resources they would require were not available. In
  these
  particularly sensitive regions, users must therefore pay a mark-up to finance essential projects of very high European value
  — such as priority TENs projects —
  including those involving another mode of transport
  and network links
  in the same corridor
  and/or
  area; the level of such a mark-up must be proportionate in order to safeguard freedom of movement. This amount must be linked to the financial needs of the project. It should also be linked to the basic value of the tolls in order to avoid artificially high charges in any one corridor, which could lead to traffic being diverted to other corridors, thereby causing local congestion problems and inefficient use of networks.

| (15) | Fees must be non-discriminatory and not involve excessive formalities or create barriers at the internal borders. Appropriate measures must therefore be taken to make payment possible at any time and by various means, and to ensure that the electronic payment tool (on-board unit) is as accessible to the occasional user as to the frequent traveller. |
| --- | --- |

(15)

Fees must be non-discriminatory and not involve excessive formalities or create barriers at the internal borders. Appropriate measures must therefore be taken to make payment possible at any time and by various means, and to ensure that the electronic payment tool (on-board unit) is as accessible to the occasional user as to the frequent traveller.

| (16) | In order to ensure consistent, harmonised application of the infrastructure charging system, Member States will have to set the level of tolls with the aid of a common methodology to take account of the various costs which should be covered.
  The Commission should develop principles for calculating tolls, based on scientifically recognised data, which will open the way for full internalisation of external costs. |
| --- | --- |

(16)

In order to ensure consistent, harmonised application of the infrastructure charging system, Member States will have to set the level of tolls with the aid of a common methodology to take account of the various costs which should be covered.
  The Commission should develop principles for calculating tolls, based on scientifically recognised data, which will open the way for full internalisation of external costs.

| (17) | Further
  technical progress is still needed to develop the system of charging for the use of road infrastructure. There must be a procedure allowing the Commission to adapt the requirements of Directive 1999/62/EC to technical progress following consultation of the Member States for this purpose. The measures necessary to implement this Directive must be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (9). |
| --- | --- |

(17)

Further
  technical progress is still needed to develop the system of charging for the use of road infrastructure. There must be a procedure allowing the Commission to adapt the requirements of Directive 1999/62/EC to technical progress following consultation of the Member States for this purpose. The measures necessary to implement this Directive must be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (9).

| (18) | Given that the objectives of the proposed action, namely to harmonise the conditions applicable to tolls and user charges for the use of road infrastructure, cannot be satisfactorily achieved by the Member States and may therefore be better achieved at Community level by reason of their European dimension and with a view to safeguarding the internal transport market, the Community can take measures, in accordance with the principle of subsidiarity enshrined in Article 5 of the Treaty. In accordance with the principle of proportionality set out in that Article, this Directive does not exceeed what is necessary to achieve those objectives. |
| --- | --- |

(18)

Given that the objectives of the proposed action, namely to harmonise the conditions applicable to tolls and user charges for the use of road infrastructure, cannot be satisfactorily achieved by the Member States and may therefore be better achieved at Community level by reason of their European dimension and with a view to safeguarding the internal transport market, the Community can take measures, in accordance with the principle of subsidiarity enshrined in Article 5 of the Treaty. In accordance with the principle of proportionality set out in that Article, this Directive does not exceeed what is necessary to achieve those objectives.

| (19) | If the objective of fair charging is to be achieved, account must be taken of the system of road infrastructure concessions or equivalent solutions existing in the Member States (for roads, motorways, tunnels and bridges) since, on networks where concessions are in operation, HGVs already pay their external costs in line with the ‘user pays’ principle, where the concessions in question are public-private partnerships (PPPs) subject to the rules of free competition, |
| --- | --- |

(19)

If the objective of fair charging is to be achieved, account must be taken of the system of road infrastructure concessions or equivalent solutions existing in the Member States (for roads, motorways, tunnels and bridges) since, on networks where concessions are in operation, HGVs already pay their external costs in line with the ‘user pays’ principle, where the concessions in question are public-private partnerships (PPPs) subject to the rules of free competition,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 1999/62/EC is amended as follows:

| 1) | Article 2 is amended as follows:






  (a) | point (a) is replaced by the following text:






  ‘(a) | ‘trans-European network’ means the road network defined in Section 2 of Annex I to Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network (10) as illustrated by maps. The maps refer to the corresponding sections mentioned in the operative part and/or in Annex II to this Decision; |
| --- | --- | --- | --- |

1)

Article 2 is amended as follows:

(a)

point (a) is replaced by the following text:

‘(a)

‘trans-European network’ means the road network defined in Section 2 of Annex I to Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network (10) as illustrated by maps. The maps refer to the corresponding sections mentioned in the operative part and/or in Annex II to this Decision;

(10)  OJ L 228, 9.9.1996, p. 1. Decision as last amended by Decision No 1346/2001/EC (OJ L 185, 6.7.2001, p. 1).’"

| (b) | the following points (aa) and (ab) are inserted:






  ‘(aa) | ‘main road network’ means the trans-European road network and any other road to which traffic may be diverted from the trans-European road network and which is in direct competition with certain parts of that network; |
| --- | --- | --- |

(b)

the following points (aa) and (ab) are inserted:

‘(aa)

‘main road network’ means the trans-European road network and any other road to which traffic may be diverted from the trans-European road network and which is in direct competition with certain parts of that network;

| (ab) | ‘construction costs’ means the costs related to construction, including; where appropriate, the cost of the interest on the capital invested,
  as regards the portion not yet amortised by the date of entry into force of this Directive
  ;
  construction costs should, in any case, not exceed the current costs of reconstructing the infrastructure concerned
  ;’ |
| --- | --- |

(ab)

‘construction costs’ means the costs related to construction, including; where appropriate, the cost of the interest on the capital invested,
  as regards the portion not yet amortised by the date of entry into force of this Directive
  ;
  construction costs should, in any case, not exceed the current costs of reconstructing the infrastructure concerned
  ;’

| (c) | in point (b), the phrase ‘the amount shall be based on the distance travelled and the type of vehicle’ is replaced by ‘the amount shall be based on the distance travelled and the corresponding costs per kilometre’; |
| --- | --- |

(c)

in point (b), the phrase ‘the amount shall be based on the distance travelled and the type of vehicle’ is replaced by ‘the amount shall be based on the distance travelled and the corresponding costs per kilometre’;

| (d) | the following point (ba) is inserted:








  ‘
  (ba) | the ‘weighted average toll’ shall be calculated in accordance with the criteria set out in Article 7(9), with reference to the road infrastructure concerned, on the basis of the cost per kilometre. This weighted average toll must be determined by the competent authority in each Member State.
  ’ |
| --- | --- | --- |

(d)

the following point (ba) is inserted:

‘
  (ba)

| (e) | points (d) and (e) are replaced by the following text:






  ‘(d) | ‘vehicle’ means a motor vehicle or articulated vehicle combination intended or used for the carriage by road of goods and having a maximum permissible laden weight of over 3.5 tonnes; |
| --- | --- | --- |

(e)

points (d) and (e) are replaced by the following text:

‘(d)

‘vehicle’ means a motor vehicle or articulated vehicle combination intended or used for the carriage by road of goods and having a maximum permissible laden weight of over 3.5 tonnes;

| (e) | vehicle of the ‘EURO 0’, ‘EURO I’,‘EURO II’,‘EURO III’,‘EURO IV’,‘EURO V’ category means a vehicle that complies with the emission limits set out in Annex 0 to this Directive’ |
| --- | --- |

(e)

vehicle of the ‘EURO 0’, ‘EURO I’,‘EURO II’,‘EURO III’,‘EURO IV’,‘EURO V’ category means a vehicle that complies with the emission limits set out in Annex 0 to this Directive’

| (f) | the following point (ea) is inserted:








  ‘
  (ea) | ‘road infrastructure concession’ means an act (a contract or unilateral act) delegating a general interest service by which an administrative authority authorises a private-law corporation to take charge of designing, constructing, financing and operating a road infrastructure (road, motorway, tunnel, bridge) for a long and specified period, while being reimbursed for the debt incurred and the capital invested by the revenues obtained by operating a toll system.
  ’ |
| --- | --- | --- |

(f)

the following point (ea) is inserted:

‘
  (ea)

| (g) | point (f) is
  replaced by the following text:








  ‘
  (f) | ‘external costs’: costs being clearly caused by the road freight system, but not calculated in the market prices of their services. They can include congestion costs, environmental costs, such as local and global air pollution, noise, landscape damages and social costs, such as health and indirect accidents costs, not covered by insurances.
  ’ |
| --- | --- | --- |

(g)

point (f) is
  replaced by the following text:

‘
  (f)

| 2) | Article 6 is amended as follows:






  (a) | in paragraph 2, the phrase ‘Member States may apply reduced rates or exemptions for:’, is replaced by the following text: ‘Without prejudice to Article 7b, Member States may apply reduced rates or exemptions for:’ |
| --- | --- | --- |

2)

Article 6 is amended as follows:

(a)

in paragraph 2, the phrase ‘Member States may apply reduced rates or exemptions for:’, is replaced by the following text: ‘Without prejudice to Article 7b, Member States may apply reduced rates or exemptions for:’

| (b) | paragraph 2 (a) is replaced by the following text:








  ‘
  (a) | vehicles used for national or civil defence purposes, by fire and other emergency services, by recognised humanitarian and relief organisations, by the police, and vehicles used for road maintenance;
  ’ |
| --- | --- | --- |

(b)

paragraph 2 (a) is replaced by the following text:

‘
  (a)

| (c) | in paragraph 4, the phrase ‘Without prejudice to the second subparagraph of paragraph 1 and to paragraphs 2 and 3 of this Article’, is replaced by the following text: ‘Without prejudice to paragraphs 3 and 4 of this Article and to Article 7b,’ |
| --- | --- |

(c)

in paragraph 4, the phrase ‘Without prejudice to the second subparagraph of paragraph 1 and to paragraphs 2 and 3 of this Article’, is replaced by the following text: ‘Without prejudice to paragraphs 3 and 4 of this Article and to Article 7b,’

| 3) | Article 7 is amended as follows:






  (a) | paragraphs 1 and 2 are replaced by the following text:
  ‘1.   Member States may maintain or introduce tolls and/or user charges under the conditions set out in paragraphs 2 to 12.
  2.   Tolls and user charges shall be imposed on the vehicles defined and on the trans-European road network.
  After informing the Commission,
  Member States may extend the imposition of tolls and user charges to other roads of the primary road network.
  When deciding on any such extension, they must consult the local and/or regional authorities responsible for the roads to which the tolls and/or user charges would be extended and ensure that those tolls and/or user charges are compatible with any other charging system applied at local or regional level.


  This Directive shall be without prejudice to the right of Member States
  and, in accordance with their respective powers, of regional and local authorities
  to apply tolls and/or user rights on
  other
  roads, in compliance with rules of the Treaty.’ |
| --- | --- | --- |

3)

Article 7 is amended as follows:

(a)

paragraphs 1 and 2 are replaced by the following text:

‘1.   Member States may maintain or introduce tolls and/or user charges under the conditions set out in paragraphs 2 to 12.

2.   Tolls and user charges shall be imposed on the vehicles defined and on the trans-European road network.
  After informing the Commission,
  Member States may extend the imposition of tolls and user charges to other roads of the primary road network.
  When deciding on any such extension, they must consult the local and/or regional authorities responsible for the roads to which the tolls and/or user charges would be extended and ensure that those tolls and/or user charges are compatible with any other charging system applied at local or regional level.

This Directive shall be without prejudice to the right of Member States
  and, in accordance with their respective powers, of regional and local authorities
  to apply tolls and/or user rights on
  other
  roads, in compliance with rules of the Treaty.’

| (b) | paragraph 4 is replaced by the following text:
  ‘4.   Tolls and user charges may not discriminate, directly or indirectly, on the grounds of nationality of the haulier, the country or place of registration of the vehicle, or the origin or destination of the transport operation.’ |
| --- | --- |

(b)

paragraph 4 is replaced by the following text:

‘4.   Tolls and user charges may not discriminate, directly or indirectly, on the grounds of nationality of the haulier, the country or place of registration of the vehicle, or the origin or destination of the transport operation.’

| (c) | a new paragraph 5a is inserted as follows:
  ‘5a.   Member States using electronic systems to collect tolls and/or user charges shall make available to all vehicles, under reasonable administrative and economic arrangements, the appropriate vehicle on-board units (‘OBU’). These arrangements should not, financially or otherwise, e.g. by imposing an additional administrative burden or requirements for other additional equipment, place non-regular users of the road network at a disadvantage.’ |
| --- | --- |

(c)

a new paragraph 5a is inserted as follows:

‘5a.   Member States using electronic systems to collect tolls and/or user charges shall make available to all vehicles, under reasonable administrative and economic arrangements, the appropriate vehicle on-board units (‘OBU’). These arrangements should not, financially or otherwise, e.g. by imposing an additional administrative burden or requirements for other additional equipment, place non-regular users of the road network at a disadvantage.’

| (d) | the second subparagraph of paragraph 7 is replaced by the following text:
  ‘The maximum rates shall be reviewed every two years from ... [date of entry into force of this Directive]. When necessary, the Commission shall adapt the rates, in conformity with the procedure referred to in Article 9c(2).’ |
| --- | --- |

(d)

the second subparagraph of paragraph 7 is replaced by the following text:

‘The maximum rates shall be reviewed every two years from ... [date of entry into force of this Directive]. When necessary, the Commission shall adapt the rates, in conformity with the procedure referred to in Article 9c(2).’

| (e) | the third subparagraph of paragraph 7 is deleted |
| --- | --- |

(e)

the third subparagraph of paragraph 7 is deleted

| (f) | paragraph 9 is replaced by the following text:
  ‘9.   The weighted average tolls shall be related to:






  — | the costs of constructing, operating, maintaining and developing the infrastructure network concerned, including payment of interest on capital invested, |
| --- | --- | --- |

(f)

paragraph 9 is replaced by the following text:

‘9.   The weighted average tolls shall be related to:

—

the costs of constructing, operating, maintaining and developing the infrastructure network concerned, including payment of interest on capital invested,

| — | the return on capital invested, |
| --- | --- |

—

the return on capital invested,

| — | any infrastructure costs designed to reduce nuisance related to noise and costs of actual payments made by the infrastructure operator for investments aimed at accident prevention and reduction, |
| --- | --- |

—

any infrastructure costs designed to reduce nuisance related to noise and costs of actual payments made by the infrastructure operator for investments aimed at accident prevention and reduction,

| — | costs corresponding to objective environmental elements such as for example soil contamination and atmospheric pollution, including congestion costs where these can be objectively quantified by a methodology duly adopted at European level for the purpose of such calculations. |
| --- | --- |

—

costs corresponding to objective environmental elements such as for example soil contamination and atmospheric pollution, including congestion costs where these can be objectively quantified by a methodology duly adopted at European level for the purpose of such calculations.

The weighted average tolls shall be calculated without prejudice, as regards taking into account
  the
  costs
  of constructing, operating, maintaining, and developing the transport infrastructure concerned
  , to rights relating to concession contracts
  , as defined in Article 2(ab),
  existing at ... [date of entry into force of this Directive].

These tolls, calculated according to the method outlined in Annex II, are maximum levels; Member States may apply lower levels as well.
  ’

| (g) | Paragraph 10 is replaced by the following text:
  ‘10.   Without prejudice to the
  average value of the
  weighted tolls referred to in paragraph 9, Member States may vary the toll rates
  , provided that the value of the highest rates is no more than 100% above the value of the lowest rates,
  according to:






  (a) | vehicle type, based on its road damage class in conformity with
  Annex III
  ; |
| --- | --- | --- |

(g)

Paragraph 10 is replaced by the following text:

‘10.   Without prejudice to the
  average value of the
  weighted tolls referred to in paragraph 9, Member States may vary the toll rates
  , provided that the value of the highest rates is no more than 100% above the value of the lowest rates,
  according to:

(a)

vehicle type, based on its road damage class in conformity with
  Annex III
  ;

| (b) | EURO emission
  standards
  in accordance with Annex 0
  ; |
| --- | --- |

(b)

EURO emission
  standards
  in accordance with Annex 0
  ;

| (c) | whether it is a working day or a holiday; |
| --- | --- |

(c)

whether it is a working day or a holiday;

| (d) | time of day and level of congestion on the road
  concerned
  ; |
| --- | --- |

(d)

time of day and level of congestion on the road
  concerned
  ;

| (e) | the particular road in the network, depending on the environmental sensitivity of the area, the population density or the accident risk; |
| --- | --- |

(e)

the particular road in the network, depending on the environmental sensitivity of the area, the population density or the accident risk;

| (f) | the level of PM10 and NOX

  . |
| --- | --- |

(f)

the level of PM10 and NOX

  .

Any variation in tolls charged with respect to
  the elements specified in points (a) to (f)
  shall be proportionate to the objective
  pursued.
  ’

| (h) | a new paragraph 10a is inserted as follows:


  ‘
  10a.
     
  Not later than ... (11) the Commission shall devise a generally applicable, transparent, and comprehensible model for the assessment of all external environment-, congestion-, and healthrelated costs to serve as the basis for future calculations of infrastructure charges.




  The Commission shall be assisted for that purpose by a committee consisting of representatives of the Member States and chaired by the representative of the Commission. The procedure referred to in Article 9c(3) and (4) shall apply.



  (11)  Two years after entry into force of this Directive.’" |
| --- | --- |

(h)

a new paragraph 10a is inserted as follows:

‘
  10a.
     
  Not later than ... (11) the Commission shall devise a generally applicable, transparent, and comprehensible model for the assessment of all external environment-, congestion-, and healthrelated costs to serve as the basis for future calculations of infrastructure charges.

The Commission shall be assisted for that purpose by a committee consisting of representatives of the Member States and chaired by the representative of the Commission. The procedure referred to in Article 9c(3) and (4) shall apply.

(11)  Two years after entry into force of this Directive.’"

| (i) | paragraphs 11, 12 and 13 are added as follows:
  ‘11.   In exceptional cases concerning infrastructure in mountainous regions
  and the zones and agglomerations referred to in Article 8(1) of Directive 96/62/EC
  , and after consulting the Commission in conformity with the procedure referred to in Article 9c(5), a mark-up may be added to the tolls to allow for cross-financing the investment costs of other
  environment-friendlier
  transport infrastructures
  which are also
  of a high European interest
  , such as priority TENs projects,
  in the same corridor
  and/or
  in the same transport zone.
  The mark-up may not exceed 25% of the tolls.
  Notwithstanding Article 2(ab), reference shall also be made, purely for the purposes of calculating the mark-up, to the infrastructure construction costs already amortised by the date of entry into force of this Directive.


  The application of this provision shall be subject to the presentation of financial plans for the infrastructure concerned and a cost-benefit analysis for the new infrastructure project. Application of this provision to new trans-frontier projects shall be subject to the agreement of the Member States concerned.
  Should the Commission consider that the planned mark-up does not meet the conditions set in this paragraph, it shall seek the opinion of the Committee referred to in Article 9c(1). It may reject the plans for charges submitted by the Member State concerned in conformity with the procedure referred to in Article 9c(2).
  When the Commission informs the Member State concerned that it intends to seek the opinion of the Committee, the deadline of 30 days mentioned in Article 2 of the Council Decision referred to in Article 9c(5) shall be suspended.
  12.   Each Member State shall ensure that the emission classification and the road damage classification of vehicles registered on their territory can easily be identified.
  Where a driver is unable to produce the necessary documents in the event of a check, Member States
  must
  apply tolls as for the most polluting and damaging vehicle category, i.e. EURO 0 and damage class III.


  13.
     
  This Directive shall be without prejudice to the right of Member States to apply concession tolls. Concession tolls, which are the result of a contract delegating a general interest service in a Member State shall be subject to national law and to European law on public markets in transport.
  ’ |
| --- | --- |

(i)

paragraphs 11, 12 and 13 are added as follows:

‘11.   In exceptional cases concerning infrastructure in mountainous regions
  and the zones and agglomerations referred to in Article 8(1) of Directive 96/62/EC
  , and after consulting the Commission in conformity with the procedure referred to in Article 9c(5), a mark-up may be added to the tolls to allow for cross-financing the investment costs of other
  environment-friendlier
  transport infrastructures
  which are also
  of a high European interest
  , such as priority TENs projects,
  in the same corridor
  and/or
  in the same transport zone.

The mark-up may not exceed 25% of the tolls.
  Notwithstanding Article 2(ab), reference shall also be made, purely for the purposes of calculating the mark-up, to the infrastructure construction costs already amortised by the date of entry into force of this Directive.

The application of this provision shall be subject to the presentation of financial plans for the infrastructure concerned and a cost-benefit analysis for the new infrastructure project. Application of this provision to new trans-frontier projects shall be subject to the agreement of the Member States concerned.

Should the Commission consider that the planned mark-up does not meet the conditions set in this paragraph, it shall seek the opinion of the Committee referred to in Article 9c(1). It may reject the plans for charges submitted by the Member State concerned in conformity with the procedure referred to in Article 9c(2).

When the Commission informs the Member State concerned that it intends to seek the opinion of the Committee, the deadline of 30 days mentioned in Article 2 of the Council Decision referred to in Article 9c(5) shall be suspended.

12.   Each Member State shall ensure that the emission classification and the road damage classification of vehicles registered on their territory can easily be identified.

Where a driver is unable to produce the necessary documents in the event of a check, Member States
  must
  apply tolls as for the most polluting and damaging vehicle category, i.e. EURO 0 and damage class III.

13.
     
  This Directive shall be without prejudice to the right of Member States to apply concession tolls. Concession tolls, which are the result of a contract delegating a general interest service in a Member State shall be subject to national law and to European law on public markets in transport.
  ’

| 4) | Articles 7a and 7b are inserted as follows:
  ‘Article 7a
  1.   In determining the levels of tolls to be charged, Member States shall take account of the various costs to be covered, according to the common methodology set out in
  Annex III
  .
  2.   Member States shall communicate to the Commission the unit values and other parameters they use in calculating the various cost elements. After consulting the Committee referred to in Article 9c(1), the Commission shall approve these values and parameters in accordance with the procedure referred to in Article 9c(2).
  Article 7b
  1.   Without prejudice to Articles 87 and 88 of the Treaty, and subject to other provisions of Community law, Member States may, on introducing a system of tolls and/or user charges for infrastructure, provide compensation for these charges, in particular by reducing the rates of vehicle taxes, where appropriate, to a level below the minimum rates in Annex I to the Directive.


  2.
     
  Compensation in respect of road charges must be provided without discrimination to all hauliers from EU Member States, irrespective of the driver's country of origin.



  3.   The level of compensation must be proportionate to the level of the tolls and/or user charges paid. Member States may, however, average out the compensation paid to the various categories of vehicles referred to in the Annex.

  4.   Member States shall include both the system of tolls and/or user charges and the compensation scheme in a common programme. Any compensation scheme must be implemented in the year following the introduction of the new system of tolls and/or user charges.


  5.
     
  The compensation schemes shall also fully take into account the fiscal effects of existing or future local and regional charging schemes falling outside the geographical scope of the Directive.
  ’ |
| --- | --- |

4)

Articles 7a and 7b are inserted as follows:

‘Article 7a

1.   In determining the levels of tolls to be charged, Member States shall take account of the various costs to be covered, according to the common methodology set out in
  Annex III
  .

2.   Member States shall communicate to the Commission the unit values and other parameters they use in calculating the various cost elements. After consulting the Committee referred to in Article 9c(1), the Commission shall approve these values and parameters in accordance with the procedure referred to in Article 9c(2).

Article 7b

1.   Without prejudice to Articles 87 and 88 of the Treaty, and subject to other provisions of Community law, Member States may, on introducing a system of tolls and/or user charges for infrastructure, provide compensation for these charges, in particular by reducing the rates of vehicle taxes, where appropriate, to a level below the minimum rates in Annex I to the Directive.

2.
     
  Compensation in respect of road charges must be provided without discrimination to all hauliers from EU Member States, irrespective of the driver's country of origin.

3.   The level of compensation must be proportionate to the level of the tolls and/or user charges paid. Member States may, however, average out the compensation paid to the various categories of vehicles referred to in the Annex.

4.   Member States shall include both the system of tolls and/or user charges and the compensation scheme in a common programme. Any compensation scheme must be implemented in the year following the introduction of the new system of tolls and/or user charges.

5.
     
  The compensation schemes shall also fully take into account the fiscal effects of existing or future local and regional charging schemes falling outside the geographical scope of the Directive.
  ’

| 5) | Article 8a is inserted as
  follows
  :
  ‘
  Article 8a


  Any discounts or reductions in tolls shall be limited to the actual saving in administrative costs by the infrastructure operator. In setting the level of any discount, no account may be taken of the cost savings already internalised in the tolls levied.’ |
| --- | --- |

5)

Article 8a is inserted as
  follows
  :

‘
  Article 8a

Any discounts or reductions in tolls shall be limited to the actual saving in administrative costs by the infrastructure operator. In setting the level of any discount, no account may be taken of the cost savings already internalised in the tolls levied.’

| 6) | Article 9 is amended as follows:






  (a) | a new point (d) is added to paragraph 1
  :






  ‘
  (d) | insurance taxes.’ |
| --- | --- | --- | --- |

6)

Article 9 is amended as follows:

(a)

a new point (d) is added to paragraph 1
  :

‘
  (d)

insurance taxes.’

| (b) | paragraph 2 is replaced by the following text:
  ‘
  2.
     
  In keeping with the principle of subsidiarity, Member States shall determine the use to be made of revenue from charges for the use of road infrastructure. To enable the transport network to be developed as a whole, revenue from charges should be used to benefit the transport sector and optimise the entire transport system.
  ’ |
| --- | --- |

(b)

paragraph 2 is replaced by the following text:

‘
  2.
     
  In keeping with the principle of subsidiarity, Member States shall determine the use to be made of revenue from charges for the use of road infrastructure. To enable the transport network to be developed as a whole, revenue from charges should be used to benefit the transport sector and optimise the entire transport system.
  ’

| 7) | Articles 9a, 9b and 9c are inserted as follows:
  ‘Article 9a
  Member States shall establish appropriate controls and determine the penalty system applicable to infringements of the national provisions adopted under this Directive; they shall take all necessary measures to ensure that they are implemented. The penalties established must be efficient, proportionate and dissuasive.
  Article 9b
  The Commission shall update the Annexes in the light of technical progress or of inflation, in accordance with the procedure referred to in Article 9c(3).
  In that connection, it shall draw up uniform bases and principles for calculating external costs
  .
  Article 9c
  1.   The Commission shall be assisted by the Committee, hereinafter referred to as ‘the Committee’, established by Article 9 of Regulation (EEC) No 1108/70 of the Council of 4 June 1970 introducing an accounting system for expenditure on infrastructure in respect of transport by rail, road and inland waterway (12)
  .
  2.   Whenever reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, subject to the provisions of Article 8 thereof.
  3.   Whenever reference is made to this paragraph, Article 5 and 7 of Decision 1999/468/EC shall apply, subject to the provisions of Article 8 thereof.
  The period provided for in Article 5(6) of Decision 1999/468/EC shall be three months.
  4.   The Committee shall adopt its rules of procedure.
  5.   Whenever reference is made to this provision, the Council Decision of 21 March 1962 instituting a procedure for prior examination and consultation in respect of certain laws, regulations and administrative provisions concerning transport proposed in Member States (13) shall apply.

  (12)  OJ L 130, 15.6.1970, p. 4. Decision as amended by Regulation (EEC) No 3572/90 (OJ L 353, 17.12.1990, p. 12)."


  (13)  
  OJ L 23, 3.4.1962, p. 720. Decision as amended by Council Decision 73/402/EEC (OJ L 347, 17.12.1973, p. 48).’" |
| --- | --- |

7)

Articles 9a, 9b and 9c are inserted as follows:

‘Article 9a

Member States shall establish appropriate controls and determine the penalty system applicable to infringements of the national provisions adopted under this Directive; they shall take all necessary measures to ensure that they are implemented. The penalties established must be efficient, proportionate and dissuasive.

Article 9b

The Commission shall update the Annexes in the light of technical progress or of inflation, in accordance with the procedure referred to in Article 9c(3).
  In that connection, it shall draw up uniform bases and principles for calculating external costs
  .

Article 9c

1.   The Commission shall be assisted by the Committee, hereinafter referred to as ‘the Committee’, established by Article 9 of Regulation (EEC) No 1108/70 of the Council of 4 June 1970 introducing an accounting system for expenditure on infrastructure in respect of transport by rail, road and inland waterway (12)
  .

2.   Whenever reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, subject to the provisions of Article 8 thereof.

3.   Whenever reference is made to this paragraph, Article 5 and 7 of Decision 1999/468/EC shall apply, subject to the provisions of Article 8 thereof.

The period provided for in Article 5(6) of Decision 1999/468/EC shall be three months.

4.   The Committee shall adopt its rules of procedure.

5.   Whenever reference is made to this provision, the Council Decision of 21 March 1962 instituting a procedure for prior examination and consultation in respect of certain laws, regulations and administrative provisions concerning transport proposed in Member States (13) shall apply.

(12)  OJ L 130, 15.6.1970, p. 4. Decision as amended by Regulation (EEC) No 3572/90 (OJ L 353, 17.12.1990, p. 12)."

(13)  
  OJ L 23, 3.4.1962, p. 720. Decision as amended by Council Decision 73/402/EEC (OJ L 347, 17.12.1973, p. 48).’"

| 8) | Article 11 is replaced by the following text:
  ‘Article 11
  No later than 1 July 2008, the Commission shall present a report to the European Parliament and the Council on the implementation and the effects of this Directive, taking account of developments in technology
  ,
  the trend in traffic density
  and road accidents, and the impact of transport on the
  environment.
  Member States shall forward the necessary information to the Commission no later than twelve months before this date’ |
| --- | --- |

8)

Article 11 is replaced by the following text:

‘Article 11

No later than 1 July 2008, the Commission shall present a report to the European Parliament and the Council on the implementation and the effects of this Directive, taking account of developments in technology
  ,
  the trend in traffic density
  and road accidents, and the impact of transport on the
  environment.

Member States shall forward the necessary information to the Commission no later than twelve months before this date’

| 9) | The table in Annex II indicating the amount of annual charges is amended as follows:
  Annual charge | Max. of 3 axles | Min. of 4 axles |
| --- | --- | --- | --- |
| EURO 0 | 1 332 | 2 223 |
| EURO I | 1 158 | 1 933 |
| EURO II | 1 008 | 1 681 |
| EURO III | 876 | 1 461 |
| EURO IV and less polluting | 797 | 1 329 |

9)

The table in Annex II indicating the amount of annual charges is amended as follows:

Annual charge

Max. of 3 axles

Min. of 4 axles

EURO 0

1 332

2 223

EURO I

1 158

1 933

EURO II

1 008

1 681

EURO III

876

1 461

EURO IV and less polluting

797

1 329

| 10) | Annex 0, the text of which appears in Annex I to this Directive is inserted. |
| --- | --- |

10)

Annex 0, the text of which appears in Annex I to this Directive is inserted.

| 11) | Annex III, the text of which appears in Annex II to this Directive is added. |
| --- | --- |

11)

Annex III, the text of which appears in Annex II to this Directive is added.

Article 2

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 July 2005. They shall forthwith inform the Commission thereof and communicate a table of equivalence between those provisions and this Directive.

When Member States adopt such measures, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such a reference shall be adopted by Member States.

Member States shall communicate to the Commission the text of the provisions of domestic law which they adopt in the field covered by this Directive.

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 ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ L 187, 20.7.1999, p. 42.

1

(2)  OJ C ...

2

(3)  OJ C ...

3

(4)  OJ C ...

4

(5)  Position of the European Parliament of 20.4.2004.

5

Position of the European Parliament of 20.4.2004.

(6)  OJ C 43 E, 19.2.2004, p. 250.

6

(7)  
  OJ L 228, 9.9.1996, p. 1. Decision as amended by Decision No 1346/2001/EC (OJ L 185, 6.7.2001, p. 1).

7

OJ L 228, 9.9.1996, p. 1. Decision as amended by Decision No 1346/2001/EC (OJ L 185, 6.7.2001, p. 1).

(8)  OJ L 296, 21.11.1996, p. 55. Directive as amended by European Parliament and Council Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

8

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

9

ANNEX I

ANNEX 0

EMISSION LIMITS

1.   ‘EURO 0’ vehicle

| Mass of carbon monoxide (CO) g/kWh | Mass of hydrocarbons (HC) g/kWh | Mass of nitrogen oxides (NOX) g/kWh |
| --- | --- | --- |
| 12,3 | 2,6 | 15,8 |

Mass of carbon monoxide (CO) g/kWh

Mass of hydrocarbons (HC) g/kWh

Mass of nitrogen oxides (NOX) g/kWh

12,3

2,6

15,8

2.   ‘EURO I’/‘EURO II’ vehicles

| | Mass of carbon monoxide (CO) g/kWh | Mass of hydrocarbons (HC) g/kWh | Mass of nitrogen oxides (NOX) g/kWh | Mass of particulates (PT) g/kWh |
| --- | --- | --- | --- | --- |
| ‘EURO I’ vehicle | 4,9 | 1,23 | 9,0 | 0,4 (1) |
| ‘EURO II’ vehicle | 4,0 | 1,1 | 7,0 | 0,15 |

Mass of carbon monoxide (CO) g/kWh

Mass of hydrocarbons (HC) g/kWh

Mass of nitrogen oxides (NOX) g/kWh

Mass of particulates (PT) g/kWh

‘EURO I’ vehicle

4,9

1,23

9,0

0,4 (1)

‘EURO II’ vehicle

4,0

1,1

7,0

0,15

3.   ‘EURO III’/‘EURO IV’/‘EURO V’ vehicles

The specific masses of carbon monoxide, total hydrocarbons, nitrogen oxides and particulates, determined by the ESC test and the exhaust gas opacity, determined by the ERL test, must not exceed the following values (2)

| | Mass of carbon monoxides (CO) g/kWh | Mass of hydrocarbons (HC) g/kWh | Mass of nitrogen oxides (NOX) g/kWh | Massof particulates (PT) g/kWh | Exhaust gas m-1 |
| --- | --- | --- | --- | --- | --- |
| ‘EURO III’ vehicle | 2,1 | 0,66 | 5,0 | 0,10 (3) | 0,8 |
| ‘EURO IV’ vehicle | 1,5 | 0,46 | 3,5 | 0,02 | 0,5 |
| ‘EURO V’ vehicle | 1,5 | 0,46 | 2,0 | 0,02 | 0,5 |

Mass of carbon monoxides (CO) g/kWh

Mass of hydrocarbons (HC) g/kWh

Mass of nitrogen oxides (NOX) g/kWh

Massof particulates (PT) g/kWh

Exhaust gas m-1

‘EURO III’ vehicle

2,1

0,66

5,0

0,10 (3)

0,8

‘EURO IV’ vehicle

1,5

0,46

3,5

0,02

0,5

‘EURO V’ vehicle

1,5

0,46

2,0

0,02

0,5

In the case of diesel engines which also undergo the ETC test, and especially in the case of gas emissions, the specific masses of carbon monoxide, non-methane hydrocarbons, methane (where appropriate), nitrogen oxides and particulates (where appropriate) must not exceed the following values:

| | Mass of carbon monoxide (CO) g/kWh | Mass of non-methane hydrocarbons (NMHC) g/kWh | Mass of methane (CH4) (4) g/kWh | Mass of nitrogen oxides (NOX) g/kWh | Mass of particulates (PT) (5) g/kWh |
| --- | --- | --- | --- | --- | --- |
| ‘EURO III’ vehicle | 5,45 | 0,78 | 1,6 | 5,0 | 0,16 (6) |
| ‘EURO IV’ vehicle | 4,0 | 0,55 | 1,1 | 3,5 | 0,03 |
| ‘EURO V’ vheicle | 4,0 | 0,55 | 1,1 | 2,0 | 0,03 |

Mass of carbon monoxide (CO) g/kWh

Mass of non-methane hydrocarbons (NMHC) g/kWh

Mass of methane (CH4) (4) g/kWh

Mass of nitrogen oxides (NOX) g/kWh

Mass of particulates (PT) (5) g/kWh

‘EURO III’ vehicle

5,45

0,78

1,6

5,0

0,16 (6)

‘EURO IV’ vehicle

4,0

0,55

1,1

3,5

0,03

‘EURO V’ vheicle

4,0

0,55

1,1

2,0

0,03

---

(1)  A coefficient of 1,7 is applied to the particulate emission limit value in the case of engines with a power rating of 85 kW or less.

1

(2)  A test cycle consists of a sequence of test points, each point being defined by a speed and a torque which the engine must respect in steady state (ESC test) or transient operating conditions (ETC and ELR tests).

2

(3)  0,13 for engines whose unit cylinder capacity is less that 0,7 dm3 and the nominal speed is in excess of 3 000 min-1.

3

3

-1

(4)  For engines operating with natural gas only.

4

(5)  Not applicable to gas engines.

5

(6)  0,21 for engines whose unit cylinder capacity is less than 0,75 dm3 and normal speed is in excess of 3 000 min-1.

6

3

-1

ANNEX II

ANNEX III

COST CALCULATION AND ALLOCATION

This Annex stipulates the method for calculating the various constituent elements of tolls. The cost estimates and figures used in point 2 are intended as a guide. However, they must be used if a Member State has not evaluated these costs in a manner that more appropriately reflects local or regional circumstances.

1.   Infrastructure costs

1.1.   Investment costs

Infrastructure investment costs, calculated as the costs of constructing the infrastructure concerned and expressed as an annual figure (including an appropriate rate of interest on the invested capital) throughout the design lifetime of the infrastructure, must be allocated in proportion to the number of annual vehiclekm for each vehicle category.

Unit investment cost (euros per vehicle-km) =

annual amortisation of investment plus interest on invested capital

- share of commercial traffic

÷ distance in km travelled by the commercial vehicles

1.2.   Infrastructure damage costs

Infrastructure damage costs, calculated as the average (over a maximum of five years) annual expenditure for the maintenance and operation of the infrastructure concerned, must be allocated in proportion to the annual vehicle-km for each vehicle category, weighted by an equivalence factor. This factor, which is given in point 1.3 of this Annex, expresses the influence of each vehicle category on the maintenance and operating costs of the infrastructure concerned. It is determined on the basis of the vehicles' weight, suspension system and number of axles.

Unit infrastructure cost (euros per vehicle-km) =

annualised expenditure on maintenance and operation

- share of the traffic by vehicle category weighted by equivalence factors

÷ distance in km travelled by vehicle category

1.3.   Vehicle classes and equivalence factors

The following table gives the equivalence factors:

| Vehicle class | Equivalence factors |
| --- | --- |
| Structural maintenance (1) | Regular maintenance |
| < 3,5t | 0,0001 | 1 |
| Between 3,5t and 7,5t, Class 0 | 1,46 | 3 |
| > 7,5 t, Class I | 2,86 | 3 |
| > 7,5 t, Class II | 5,06 | 3 |
| > 7,5 t, Class III | 8,35 | 3 |

Vehicle class

Equivalence factors

Structural maintenance (1)

Regular maintenance

< 3,5t

0,0001

1

Between 3,5t and 7,5t, Class 0

1,46

3

> 7,5 t, Class I

2,86

3

> 7,5 t, Class II

5,06

3

> 7,5 t, Class III

8,35

3

Structural maintenance, such as resurfacing, reinforcement of civil engineering works and renewal of road beds, is carried out occasionally. These costs are proportional to the infrastructure damage caused by the traffic. The damage varies according to the axle weight. According to an accepted rule, this damage is equivalent to the fourth power of the axle weight. Consequently, a doubling of the weight leads to a sixteenfold increase in the damage to the road.

Regular maintenance, such as road marking, cleaning of ditches, winter maintenance, etc. is carried out each year. Although this expenditure is not linked to the vehicle weight, it reflects the overall traffic intensity and composition.

If the expenditure on structural maintenance cannot be determined from other expenditure in the infrastructure manager's accounts, the default value for the latter is 20% of total expenditure.

The vehicle classes are defined by the table below.

Vehicles must be classed in subcategories 0, I, II and III according to the damage they cause to the road surface, in ascending order (Class III is thus the category causing most damage to road infrastructure). The damage increases exponentially with the increase in axle weight.

All motor vehicles and vehicle combinations of a maximum permissible laden weight below 7.5 tonnes belong to damage class 0.

Motor vehicles

| Driving axles with air suspension or recognised equivalent (2) | Other driving axle suspension systems | Damage class |
| --- | --- | --- |
| Number of axles and maximum permissible gross laden weight (in tonnes) | Number of axles and maximum permissible gross laden weight (in tonnes) |
| Not less than | Less than | Not less than | Less than |
| Two axles | |
| 7,5
  12
  13
  14
  15 | 12
  13
  14
  15
  18 | 7,5
  12
  13
  14
  15 | 12
  13
  14
  15
  18 | I |
| Three axles |
| 15
  17
  19
  21
  23
  25 | 17
  19
  21
  23
  25
  26 | 15
  17
  19
  21 | 17
  19
  21
  23 |
| 23
  25 | 25
  26 | II |
| Four axles | |
| 23
  25
  27 | 25
  27
  29 | 23
  25 | 25
  27 | I |
| 29
  31 | 31
  32 | 27
  29
  31 | 29
  31
  32 | II |

Driving axles with air suspension or recognised equivalent (2)

Other driving axle suspension systems

Damage class

Number of axles and maximum permissible gross laden weight (in tonnes)

Number of axles and maximum permissible gross laden weight (in tonnes)

Not less than

Less than

Not less than

Less than

Two axles

7,5

12

13

14

15

12

13

14

15

18

7,5

12

13

14

15

12

13

14

15

18

I

Three axles

15

17

19

21

23

25

17

19

21

23

25

26

15

17

19

21

17

19

21

23

23

25

25

26

II

Four axles

23

25

27

25

27

29

23

25

25

27

I

29

31

31

32

27

29

31

29

31

32

II

Vehicle combinations (articulated vehicles and road trains)

| Driving axles with air suspension or recognised as equivalent | Other driving axle suspension systems | Damage class |
| --- | --- | --- |
| Number of axles and maximum permissible gross laden weight (in tonnes) | Number of axles and maximum permissible gross laden weight (in tonnes) |
| Not less than | Less than | Not less than | Less than |
| 2 + 1 axles | |
| 7,5
  12
  14
  16
  18
  20
  22
  23
  25 | 12
  14
  16
  18
  20
  22
  23
  25
  28 | 7,5
  12
  14
  16
  18
  20
  22
  23
  25 | 12
  14
  16
  18
  20
  22
  23
  25
  28 | I |
| 2 + 2 axles |
| 23
  25
  26
  28 | 25
  26
  28
  29 | 23
  25
  26
  28 | 25
  26
  28
  29 |
| 29 | 31 | 29 | 31 | II |
| 31 | 33 | 31 | 33 |
| 33
  36 | 36
  38 | 33
  36 | 36
  38 | III |
| 2 + 3 axles | II |
| 36 | 38 | 36 | 38 |
| 38 | 40 | 38 | 40 | III |
| 3 + 2 axles | II |
| 36 | 38 | 36 | 38 |
| 38 | 40 | 38 | 40 | III |
| 40 | 44 | 40 | 44 |
| 3 + 3 axles | I |
| 36 | 38 | 36 | 38 |
| 38 | 40 | 38 | 40 | II |
| 40 | 44 | 40 | 44 |

Driving axles with air suspension or recognised as equivalent

Other driving axle suspension systems

Damage class

Number of axles and maximum permissible gross laden weight (in tonnes)

Number of axles and maximum permissible gross laden weight (in tonnes)

Not less than

Less than

Not less than

Less than

2 + 1 axles

7,5

12

14

16

18

20

22

23

25

12

14

16

18

20

22

23

25

28

7,5

12

14

16

18

20

22

23

25

12

14

16

18

20

22

23

25

28

I

2 + 2 axles

23

25

26

28

25

26

28

29

23

25

26

28

25

26

28

29

29

31

29

31

II

31

33

31

33

33

36

36

38

33

36

36

38

III

2 + 3 axles

II

36

38

36

38

38

40

38

40

III

3 + 2 axles

II

36

38

36

38

38

40

38

40

III

40

44

40

44

3 + 3 axles

I

36

38

36

38

38

40

38

40

II

40

44

40

44

2.   Accident costs

The unit cost per accident type is adjusted by the risk involved per accident type and vehicle type. The insurance premium per vehicle type is then subtracted. The final charge element is expressed in euros per kilometre travelled. A distinction must be made between motorways, urban roads and other non-urban roads.

The following is a simplified formula for taking account of the accident costs not covered by insurance:

External unit cost of accidents by infrastructure type (euros per vehicle-km) =

(total costs per accident type for all types of accident

- number of accidents per type involving a heavy goods vehicle — insurance premiums)

÷ vehicle-km

Estimated cost by accident type

| Accident risk | |
| --- | --- |
| Fatal | EUR 1 million/case |
| Serious injury | EUR 135 000/case |
| Slight injury | EUR 15 000/case |

Accident risk

Fatal

EUR 1 million/case

Serious injury

EUR 135 000/case

Slight injury

EUR 15 000/case

---

(1)  The vehicle classes correspond to axle weights of 0,5; 5,5; 6,5; 7,5 and 8,5 tonnes respectively.

1

(2)  Suspension recognised as equivalent according to the definition in Annex II to Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorized dimensions in national and international traffic and the maximum authorized weights in international traffic (OJ L 235, 17.9.1996, p. 59).

2

P5_TA(2004)0306

Social legislation relating to road transport ***I

European Parliament legislative resolution on the proposal for a European Parliament and Council directive on minimum conditions for the implementation of Directive 2002/15/EC and Council Regulations (EEC) Nos 3820/85 and 3821/85 concerning social legislation relating to road transport activities (COM(2003) 628 — C5-0601/2003 — 2003/0255(COD))

(Codecision procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 628) (1), |
| --- | --- |

—

having regard to the Commission proposal to the European Parliament and the Council (COM(2003) 628) (1),

| — | having regard to Articles 251(2) and 71(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0601/2003), |
| --- | --- |

—

having regard to Articles 251(2) and 71(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C5-0601/2003),

| — | 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 (A5-0216/2004), |
| --- | --- |

—

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 (A5-0216/2004),

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

1.

Approves the Commission proposal as amended;

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

2.

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

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

3.

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

---

(1)  Not yet published in the OJ.

P5_TC1-COD(2003)0255

Position of the European Parliament adopted at first reading on 20 April 2004 with a view to the adoption of European Parliament and Council Directive 2004/.../EC on minimum conditions for the implementation of Directive 2002/15/EC and Council Regulations (EEC) Nos 3820/85 and 3821/85 concerning social legislation relating to road transport activities

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof,

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

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

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

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

Whereas:

| (1) | Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport (5), Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (6), Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of working time of persons performing mobile road transport activities (7)

  and Regulation (EC)No 484/2002 of the European Parliament and of the Council of 1 March 2002 amending Council Regulations (EEC) No 881/92 and (EEC) No 3118/93 for the purposes of establishing a driver attestation (8)

  are important for the creation of a common market for inland transport services. |
| --- | --- |

(1)

Council Regulation (EEC) No 3820/85 of 20 December 1985 on the harmonisation of certain social legislation relating to road transport (5), Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport (6), Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of working time of persons performing mobile road transport activities (7)

  and Regulation (EC)No 484/2002 of the European Parliament and of the Council of 1 March 2002 amending Council Regulations (EEC) No 881/92 and (EEC) No 3118/93 for the purposes of establishing a driver attestation (8)

  are important for the creation of a common market for inland transport services.

| (2) | In the White Paper ‘European transport policy for 2010: time to decide’ (9), the Commission indicated the need to tighten up checks and sanctions particularly for social legislation on road transport activities, and specifically to increase the number of checks, to encourage the systematic exchange of information between Member States, to co-ordinate inspection activities and to promote the training of inspecting officers. |
| --- | --- |

(2)

In the White Paper ‘European transport policy for 2010: time to decide’ (9), the Commission indicated the need to tighten up checks and sanctions particularly for social legislation on road transport activities, and specifically to increase the number of checks, to encourage the systematic exchange of information between Member States, to co-ordinate inspection activities and to promote the training of inspecting officers.

| (3) | It is therefore necessary to ensure proper application of the social rules on road transport through the establishment of minimum requirements for the uniform and effective checking by the Member States of compliance with the relevant provisions. Those checks
  must
  serve to reduce and prevent infringements. |
| --- | --- |

(3)

It is therefore necessary to ensure proper application of the social rules on road transport through the establishment of minimum requirements for the uniform and effective checking by the Member States of compliance with the relevant provisions. Those checks
  must
  serve to reduce and prevent infringements.

| (4) | The measures provided for in this Directive, based on Articles 71 and 137(2) of the EC Treaty, should not only lead to greater road safety but should also contribute to a harmonisation and improvement of social standards in the Community and promote a level competitive playing field. |
| --- | --- |

(4)

The measures provided for in this Directive, based on Articles 71 and 137(2) of the EC Treaty, should not only lead to greater road safety but should also contribute to a harmonisation and improvement of social standards in the Community and promote a level competitive playing field.

| (5) | The replacement of the analogue tachograph by a digital tachograph will progressively enable a greater volume of data to be checked more swiftly and more precisely and, for that reason, Member States will increasingly be in a position to undertake a greater volume of checks. The percentage of days worked by drivers of vehicles coming within the scope of the social legislation should therefore be increased to 3%. |
| --- | --- |

(5)

The replacement of the analogue tachograph by a digital tachograph will progressively enable a greater volume of data to be checked more swiftly and more precisely and, for that reason, Member States will increasingly be in a position to undertake a greater volume of checks. The percentage of days worked by drivers of vehicles coming within the scope of the social legislation should therefore be increased to 3%.

| (6) | It should be an objective, where monitoring systems are concerned, for national solutions to be developed to render them interoperable and workable. |
| --- | --- |

(6)

It should be an objective, where monitoring systems are concerned, for national solutions to be developed to render them interoperable and workable.

| (7) | Sufficient standard equipment
  and legal powers must
  be available to all competent enforcement authorities to enable them to carry out their duties effectively and efficiently. |
| --- | --- |

(7)

Sufficient standard equipment
  and legal powers must
  be available to all competent enforcement authorities to enable them to carry out their duties effectively and efficiently.

| (8) | Within each Member
  State a
  single coordinating enforcement body acting as a national focal point
  must be designated
  , with responsibility for overseeing and implementing a coherent national enforcement strategy
  and achieving European interoperability of monitoring systems
  in consultation with other relevant competent authorities, as well as compiling relevant statistics. |
| --- | --- |

(8)

Within each Member
  State a
  single coordinating enforcement body acting as a national focal point
  must be designated
  , with responsibility for overseeing and implementing a coherent national enforcement strategy
  and achieving European interoperability of monitoring systems
  in consultation with other relevant competent authorities, as well as compiling relevant statistics.

| (9) | Cooperation between Member State enforcement authorities
  must
  be further promoted through concerted checks, joint training initiatives, the establishment of a common interoperable electronic system of information, and the exchange of intelligence and experience. |
| --- | --- |

(9)

Cooperation between Member State enforcement authorities
  must
  be further promoted through concerted checks, joint training initiatives, the establishment of a common interoperable electronic system of information, and the exchange of intelligence and experience.

| (10) | Best practice in road transport enforcement operations, particularly to ensure a harmonised approach to the issue of proof of a driver's annual leave or sick leave, should be facilitated and promoted through a forum for Member State enforcement bodies. |
| --- | --- |

(10)

Best practice in road transport enforcement operations, particularly to ensure a harmonised approach to the issue of proof of a driver's annual leave or sick leave, should be facilitated and promoted through a forum for Member State enforcement bodies.

| (11) | The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (10). |
| --- | --- |

(11)

The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (10).

| (12) | A common recognition of specific offences in relation to Regulation (EEC) Nos 3820/85 and 3821/85
  will
  promote the harmonisation of enforcement within the Member States. |
| --- | --- |

(12)

A common recognition of specific offences in relation to Regulation (EEC) Nos 3820/85 and 3821/85
  will
  promote the harmonisation of enforcement within the Member States.

| (13) | Since the objectives of the proposed action, namely to lay down clear common rules on minimum conditions for checking the correct and uniform implementation of Directive 2002/15/EC and of Regulation (EEC) Nos 3820/85 and 3821/85
  as well as Regulation (EC) No ... of ... [on the harmonisation of certain social legislation relating to road transport] (11)

  , cannot be sufficiently achieved by the Member States and can therefore, by reason of the need for coordinated transnational action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(13)

Since the objectives of the proposed action, namely to lay down clear common rules on minimum conditions for checking the correct and uniform implementation of Directive 2002/15/EC and of Regulation (EEC) Nos 3820/85 and 3821/85
  as well as Regulation (EC) No ... of ... [on the harmonisation of certain social legislation relating to road transport] (11)

  , cannot be sufficiently achieved by the Member States and can therefore, by reason of the need for coordinated transnational action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

| (14) | Council Directive 88/599/EEC of 23 November 1988 on standard checking procedures for the implementation of Regulation (EEC) No 3820/85 on the harmonisation of certain social legislation relating to road transport (12) and Regulation (EEC) No 3821/85 should therefore be replaced, |
| --- | --- |

(14)

Council Directive 88/599/EEC of 23 November 1988 on standard checking procedures for the implementation of Regulation (EEC) No 3820/85 on the harmonisation of certain social legislation relating to road transport (12) and Regulation (EEC) No 3821/85 should therefore be replaced,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Subject-matter

This Directive lays down minimum conditions for
  implementation
  of Regulation (EEC) Nos 3820/85 and
  3821/85, Directive
  2002/15/EC
  and Regulation (EC) No 484/2002 as well as Directive 2003/59/EC (13)

  .

Article 2

Definition

For the purposes of this Directive, ‘driver’ means any person who drives the vehicle even for a short period, or who is carried in the same vehicle for the purpose of driving it.

Article 3

Checking systems

1.   Member States shall organise a system of appropriate and regular checks of correct and uniform implementation, as referred to in Article 1, both at the roadside and at premises of undertakings of all transport categories.

These checks shall cover each year a large and representative cross-section of mobile workers, drivers, undertakings and vehicles of all transport categories falling within the scope of Regulation (EEC) Nos 3820/85 and 3821/85, and of drivers and mobile workers falling within the scope of Directive 2002/15/EC
  and Regulation (EC) No 484/2002
  .

This Directive shall apply to vehicles registered in the Community where the carriage by road is undertaken:

| (a) | entirely within the Community; or |
| --- | --- |

(a)

entirely within the Community; or

| (b) | between the Community and a third country which is not a contracting party to the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport (AETR) or through such a country. |
| --- | --- |

(b)

between the Community and a third country which is not a contracting party to the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport (AETR) or through such a country.

The AETR shall apply where carriage by road is undertaken by vehicles registered in any Member State or any country which is a contracting party to the AETR, for the whole of the journey where that journey is between the Community and a country which is a contracting party, or through such a country.

In the case of carriage using vehicles registered in a third country which is not a contracting party to the AETR, the provisions of this Directive shall apply to that part of the journey effected within the Community.

2.
     
  In so far as this is not already the case, Member States shall, not later than 1 January 2005, provide authorised inspecting officers with all necessary legal powers to enable them correctly to discharge their inspection obligations as required by this Directive.

3.   Each Member State shall organise checks in such a way that they cover each year at least 3% of days worked by drivers of vehicles falling within the scope of Regulation (EEC) Nos 3820/85 and 3821/85.

This minimum percentage may be increased by the Commission
  following approval by Parliament, provided that transport operators have a fully functioning digital tachograph at their disposal
  .

Not less than
  15%
  of the total number of the working days checked shall be checked at the roadside and not less than 50% shall be checked at the premises of undertakings.
  At least 50% of inspections on the premises of undertakings must be conducted in respect of very small undertakings (not more than three vehicles).

4.   The information submitted to the Commission in accordance with Article 16(2) of Regulation (EEC) No 3820/85 shall include the number of drivers checked at the roadside, the number of checks at premises of undertakings, the number of working days checked and the number
  and nature
  of infringements reported.

Article 4

Statistics

Member States shall ensure that statistics collected on the checks organised in accordance with Article 3(1) are broken down into the following categories:

| (a) | for roadside inspections: type of road, namely whether it is a motorway, a national or a secondary road;
  road number; name and location of place of inspection; country of registration of the vehicle inspected; number of vehicles owned by the undertaking it belongs to and type of tachograph used
  ;

  In order to counteract discrimination, records shall be kept of the Member State of origin of vehicles, drivers and undertakings subjected to roadside inspections. |
| --- | --- |

(a)

for roadside inspections: type of road, namely whether it is a motorway, a national or a secondary road;
  road number; name and location of place of inspection; country of registration of the vehicle inspected; number of vehicles owned by the undertaking it belongs to and type of tachograph used
  ;

| (b) | for premises inspections:






  (i) | type of transport activity, namely whether the activity is international or domestic; passenger or freight; own account or hire and reward; perishable or non-perishable goods; |
| --- | --- | --- |

(b)

for premises inspections:

(i)

type of transport activity, namely whether the activity is international or domestic; passenger or freight; own account or hire and reward; perishable or non-perishable goods;

| (ii) | size of company fleet. |
| --- | --- |

(ii)

size of company fleet.

Article 5

Roadside checks

1.   Roadside checks shall be organised in different places and at any time, covering a sufficiently extensive part of the road network to make it difficult to avoid checkpoints.

2.   Member States shall ensure that:

| (a) | sufficient provision is made for checkpoints on existing and planned roads; in particular, that service stations
  , hospitality areas, parking areas and other safe locations
  along the motorways,
  as well as service areas
  can function as checkpoints; |
| --- | --- |

(a)

sufficient provision is made for checkpoints on existing and planned roads; in particular, that service stations
  , hospitality areas, parking areas and other safe locations
  along the motorways,
  as well as service areas
  can function as checkpoints;

| (b) | checks are carried out following a random rotation system
  , with an effort being made to secure a balance in the intensity of the checks conducted at different roadside locations
  . |
| --- | --- |

(b)

checks are carried out following a random rotation system
  , with an effort being made to secure a balance in the intensity of the checks conducted at different roadside locations
  .

3.
     
  Roadside checks should take place when vehicles drive past the checkpoint or intend to do so. Roadside checks should only be carried out on stationary vehicles which are clearly parked in order to comply with the prescribed driving breaks and rest periods, if there are specific grounds for suspicion or if the risks involved require such action to be taken.

4.   The elements to be verified at roadside checks shall be as laid down in Part A of Annex I. Checks may concentrate on a specific such element if the situation so requires.

5.   Roadside checks shall be carried out without discrimination. In particular, inspecting officers shall not discriminate on any of the following grounds:

| (a) | country of registration of vehicle; |
| --- | --- |

(a)

country of registration of vehicle;

| (b) | country of residence of driver; |
| --- | --- |

(b)

country of residence of driver;

| (c) | country of establishment of undertaking; |
| --- | --- |

(c)

country of establishment of undertaking;

| (d) | origin and destination of journey; |
| --- | --- |

(d)

origin and destination of journey;

| (e) | type of tachograph in the vehicle. |
| --- | --- |

(e)

type of tachograph in the vehicle.

6.   The authorised inspecting officer shall be provided with:

| (a) | a list of the principal elements to be checked, as set out in Part A of Annex I; |
| --- | --- |

(a)

a list of the principal elements to be checked, as set out in Part A of Annex I;

| (b) | certain standard checking equipment, as set out in Annex II. |
| --- | --- |

(b)

certain standard checking equipment, as set out in Annex II.

7.   If, in a Member State, the findings of a roadside check on the driver of a vehicle registered in another Member State afford grounds for believing that infringements have been committed which
  make supplementary checks on the premises of the undertaking appear necessary
  , the competent authorities of the Member States concerned shall assist each other in clarifying the situation.

Article 6

Concerted checks

Member States shall, at least six times per year, undertake concerted operations to check at the roadside drivers and vehicles falling within the scope of Regulation (EEC) Nos 3820/85 and 3821/85.

Such operations shall be undertaken at the same time by the enforcement authorities of two or more Member States, each operating in their own territory.

Article 7

Checks at the premises of undertakings

1.   Checks at premises shall be planned in the light of past experience of different categories of transport
  and undertakings
  . They shall also be carried out if serious infringements of Regulation (EEC) No 3820/85, Regulation (EEC) No 3821/85
  ,
  Directive 2002/15/EC
  or Regulation (EC) No 484/2002
  have been detected at the roadside.

2.   Checks at the premises of undertakings shall comprise, in addition to the elements listed in Part A of Annex I, the elements listed in Part B of that Annex.

3.   The authorised inspecting officer shall be provided with:

| (a) | a list of the principal elements to be checked, as set out in Parts A and B of Annex I; |
| --- | --- |

(a)

a list of the principal elements to be checked, as set out in Parts A and B of Annex I;

| (b) | certain standard checking equipment, as set out in Annex II. |
| --- | --- |

(b)

certain standard checking equipment, as set out in Annex II.

4.   The authorised inspecting officer in a Member State shall in the course of his inspection take into account any information provided by the designated coordinating enforcement body of another Member State referred to in Article 8(1) concerning the activities of the undertaking in that other Member State.

5.   For the purposes of paragraphs 1 to 4, checks carried out at the premises of the competent authorities, on the basis of relevant documents or data handed over by undertakings at the request of the said authorities, shall have the same status as checks carried out at the premises of undertakings.

Article 8

Co-ordinating enforcement body

1.   Member States shall designate a co-ordinating enforcement body.

The body shall have the following tasks:

| (a) | to ensure coordination between the different competent authorities within one Member State as regards actions taken under Articles 5 and 7 and with equivalent bodies in the other Member States concerned as regards actions taken under Article 6; |
| --- | --- |

(a)

to ensure coordination between the different competent authorities within one Member State as regards actions taken under Articles 5 and 7 and with equivalent bodies in the other Member States concerned as regards actions taken under Article 6;

| (b) | to lay down, together with the equivalent bodies in the other Member States, an unequivocal interpretation and uniform implementation of the provisions of Directives (EEC) Nos 3820/85 and 3821/85; |
| --- | --- |

(b)

to lay down, together with the equivalent bodies in the other Member States, an unequivocal interpretation and uniform implementation of the provisions of Directives (EEC) Nos 3820/85 and 3821/85;

| (c) | to forward the biennial statistical returns to the Commission under Article 16(2) of Regulation (EEC) No 3820/85; |
| --- | --- |

(c)

to forward the biennial statistical returns to the Commission under Article 16(2) of Regulation (EEC) No 3820/85;

| (d) | to draw up a coherent national enforcement strategy; |
| --- | --- |

(d)

to draw up a coherent national enforcement strategy;

| (e) | to be primarily responsible for assisting the competent authorities of other Member States within the meaning of Article 5(7); |
| --- | --- |

(e)

to be primarily responsible for assisting the competent authorities of other Member States within the meaning of Article 5(7);

| (f) | to publish the statistical data obtained pursuant to Article 3. |
| --- | --- |

(f)

to publish the statistical data obtained pursuant to Article 3.

The body shall be represented on the Committee referred to in Article 14(1).

2.   Member States shall notify the Commission of the coordinating enforcement body and the Commission shall advise the other Member States accordingly.

3.   Exchange of data, of experience and of intelligence between Member States shall be actively promoted, primarily but not exclusively through the Committee referred to in Article 14(1) and any such body as the Commission may designate in accordance with the procedure referred to in Article 14(2).

Article 9

Exchange of information

1.   Information made available bilaterally under Article 17(3) of Regulation (EEC) No 3820/85 or Article 19(3) of Regulation (EEC) No 3821/85 shall be exchanged between the designated coordinating enforcement bodies notified to the Commission in accordance with Article 8(2):

| (a) | at least once every three months commencing 1 January 2005; |
| --- | --- |

(a)

at least once every three months commencing 1 January 2005;

| (b) | upon a specific request by a Member State in individual cases. |
| --- | --- |

(b)

upon a specific request by a Member State in individual cases.

2.   Member States shall establish electronic systems for the exchange of information, using a standard format for ease of comprehension.

To that end, the competent authorities in each Member State may use the standard reporting form set out in Commission Decision 93/172/EEC of 22 February 1993 drawing up the standard form provided for in Article 6 of Council Directive 88/599/EEC concerning road transport
   (14) or they may designate a common system following consultation with the Commission.

Article 10

Common risk rating system and offences

1.   Member States shall introduce a common risk rating system for undertakings based on the number and severity of any infringements of Regulation (EEC) No 3820/85, Regulation (EEC) No 3821/85 or Directive 2002/15/EC that an individual undertaking has committed.

Undertakings with a high-risk rating shall be checked more closely and more often and, if repeated offences are detected, they shall be more heavily penalised. The criteria and detailed rules for implementing such a system shall be determined by the Commission in accordance with the procedure referred to in Article 14(2), taking into account the extent to which any infringements as referred to in paragraph 4 have been committed.

2.   Member States shall include amongst their sanctions the temporary immobilisation of the vehicle, and/or, in the case of passenger transport, they may compel the driver to take a daily rest period, or withdraw, suspend or restrict an undertaking's licence or a driving licence. The use of sanctions shall be effective, proportionate and dissuasive
  and shall be non-discriminatory in relation to the reasons laid down in Article 5(5)
  .

Where a Member State becomes aware of an infringement against Regulations (EEC) No 3820/85 and (EEC) No 3821/85 or against Directive 2002/15/EC, that has been committed on the territory of another Member State, it shall bring it to the attention of that Member State to enable the latter to impose penalties.

3.   Member States shall ensure that a system of proportionate financial sanctions is in force if noncompliance with Regulation (EEC) No 3820/85, Regulation (EEC) No 3821/85
  ,
  Directive 2002/15/EC
  , or Regulation (EC) No 484/2002,
  on the part of an undertaking, or associated consignors, freight forwarders or sub-contractors, leads to profits.

4.   Member States shall recognise, in particular, each of the following infringements of Regulation (EEC) No 3820/85, Regulation (EEC) No 3821/85 or Directive 2002/15/EC as constituting a serious offence:

| (a) | exceeding the maximum daily, six-day or fortnightly driving time limits by a margin of 20% or more; |
| --- | --- |

(a)

exceeding the maximum daily, six-day or fortnightly driving time limits by a margin of 20% or more;

| (b) | disregarding the minimum daily or weekly rest period by a margin of 20% or more; |
| --- | --- |

(b)

disregarding the minimum daily or weekly rest period by a margin of 20% or more;

| (c) | disregarding the minimum break by a margin of 33% or more; |
| --- | --- |

(c)

disregarding the minimum break by a margin of 33% or more;

| (d) | exceeding the maximum weekly working time of 60 hours by a margin of
  10%
  or more. |
| --- | --- |

(d)

exceeding the maximum weekly working time of 60 hours by a margin of
  10%
  or more.

5.
     
  These offences equally apply to self-employed drivers and drivers of goods vehicles with a permissible maximum weight exceeding 3.5 tonnes inclusive of trailer or semi-trailer;

6.   Member States shall notify the Commission by ... (15)

  within one year of the entry into force of this Directive of
  the sanctions laid down for those infringements. The Commission shall inform the other Member States accordingly.

Article 11

Penalties

Member States shall lay down the rules on penalties for infringement of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission by the date specified in Article 17.

Article 12

Report

Within three years of the entry into force of this Directive, the Commission shall submit to the European Parliament and to the Council a report analysing the penalties set out in the legislation of the Member States for defined offences.
  At the same time, the Commission shall submit a proposal for a directive on the harmonisation of these sanctions.

The report shall indicate the degree of difference between the penalties, and what
  the effect of
  harmonisation of minimum and maximum penalties for a defined offence
  would be on securing compliance with the provisions of this Directive and road safety requirements
  .

Article 13

Best practice

1.   In accordance with the procedure referred to in Article 14(2), the Commission shall establish guidelines on best practice in enforcement.

Those guidelines shall be
  published
  in
  a
  biennial report
  of the Commission
  .

2.   Member States shall establish joint training programmes on best practice to be held at least once per year and shall facilitate exchanges, at least once per year, of staff of the coordinating enforcement body with their counterparts in other Member States.

3.   If a driver has been on sick leave or on annual leave during the period mentioned in the first indent of the first subparagraph of Article 15(7) of Regulation (EEC) No 3821/85, he shall produce a form, duly attested by his employer, if asked to do so by an authorised inspecting officer.

That form shall be drawn up by the Commission in accordance with the procedure referred to in Article 14(2).

Article 14

Committee

1.   The Commission shall be assisted by the Committee established by Article 18(1) of Regulation (EEC) No 3821/85.
  The social partners should also be represented on this Committee.

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

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

3.   The Committee shall adopt its rules of procedure.

Article 15

Implementing measures

At the request of a Member State or on its own initiative the Commission shall, in accordance with the procedure referred to in Article 14(2), adopt implementing measures, in particular with one of the following aims:

| (a) | to clarify the provisions of the Directive and to ensure a common approach; |
| --- | --- |

(a)

to clarify the provisions of the Directive and to ensure a common approach;

| (b) | to encourage a coherence of approach between enforcement bodies; |
| --- | --- |

(b)

to encourage a coherence of approach between enforcement bodies;

| (c) | to facilitate dialogue between the industry and enforcement bodies. |
| --- | --- |

(c)

to facilitate dialogue between the industry and enforcement bodies.

Article 16

Updating of the Annexes

Amendments to the Annexes which are necessary to adapt them to the developments of best practice shall be adopted in accordance with the procedure referred to in Article 14(2).

Article 17

Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 January 2006 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

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

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 18

Repeal

Directive 88/599/EEC shall be repealed with effect from the date of entry into force of this Directive.

Article 19

Entry into force

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

Article 20

Addressees

This Directive is addressed to the Member States.

Done at ..., on ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C ...

1

(2)  OJ C ...

2

(3)  OJ C ...

3

(4)  Position of the European Parliament of 20.4.2004.

4

Position of the European Parliament of 20.4.2004.

(5)  OJ L 370, 31.12.1985, p. 1. Regulation as amended by Directive 2003/59/EC of the European Parliament and of the Council (OJ L 226, 10.9.2003, p. 4).

5

(6)  OJ L 370, 31.12.1985, p. 8. Regulation as last amended by Commission Regulation (EC) No 1360/2002 (OJ L 207, 5.8.2002, p. 1).

6

(7)  OJ L 80, 23.3.2002, p. 35.

7

(8)  OJ L 76, 19.3.2002, p. 1.

8

(9)  COM(2001) 370.

9

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

10

(11)  OJ L ...

11

(12)  OJ L 325, 29.11.1988, p. 55.

12

(13)  Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC (OJ L 226, 10.9.2003, p.4).

13

(14)  OJ L 72, 25.3.1993, p. 30.

14

(15)  
  One year after the entry into force of this Directive
  .

15

One year after the entry into force of this Directive

ANNEX I

Part A

Roadside checks

The elements to be covered by roadside checks are:

| 1) | daily
  and weekly
  driving periods,
  total accumulated driving time during two consecutive weeks,
  breaks and daily
  and weekly
  rest periods
  and compensatory rest periods
  ; also the preceding
  two weeks'
  record sheets which have to be carried on board the vehicle in accordance with Article 15(7) of Regulation (EEC) No 3821/85 and/or the data
  of the preceding 28 days
  stored for the same period on the driver card and/or in the memory of the recording equipment in conformity with Annex II to this Directive; |
| --- | --- |

1)

daily
  and weekly
  driving periods,
  total accumulated driving time during two consecutive weeks,
  breaks and daily
  and weekly
  rest periods
  and compensatory rest periods
  ; also the preceding
  two weeks'
  record sheets which have to be carried on board the vehicle in accordance with Article 15(7) of Regulation (EEC) No 3821/85 and/or the data
  of the preceding 28 days
  stored for the same period on the driver card and/or in the memory of the recording equipment in conformity with Annex II to this Directive;

| 2) | for the period referred to in Article 15(7) of Regulation (EEC) No 3821/85, any cases where the vehicle's authorised speed is exceeded, to be defined as being any periods of more than 1 minute during which the vehicle's speed exceeds 90 km/h for category N3 vehicles or 105 km/h for category M3 vehicles (categories N3 and M3 being as defined in Annex I to Council Directive 70/156/EEC) (1); |
| --- | --- |

2)

for the period referred to in Article 15(7) of Regulation (EEC) No 3821/85, any cases where the vehicle's authorised speed is exceeded, to be defined as being any periods of more than 1 minute during which the vehicle's speed exceeds 90 km/h for category N3 vehicles or 105 km/h for category M3 vehicles (categories N3 and M3 being as defined in Annex I to Council Directive 70/156/EEC) (1);

| 3) | where appropriate, momentary speeds attained by the vehicle as recorded by the recording equipment in no more than the previous 24 hours' use of the vehicle; |
| --- | --- |

3)

where appropriate, momentary speeds attained by the vehicle as recorded by the recording equipment in no more than the previous 24 hours' use of the vehicle;

| 4) | last weekly rest period; |
| --- | --- |

4)

last weekly rest period;

| 5) | correct functioning of the recording equipment (determination of possible misuse of the equipment and/or the driver card and/or record sheets) or, where appropriate, presence of the documents referred to in Article 14(5) of Regulation (EEC) No 3820/85; |
| --- | --- |

5)

correct functioning of the recording equipment (determination of possible misuse of the equipment and/or the driver card and/or record sheets) or, where appropriate, presence of the documents referred to in Article 14(5) of Regulation (EEC) No 3820/85;

| 6) | working time weekly maximum of 60 hours in any one week as laid down in Article 4(a) of Directive 2002/15/EC; |
| --- | --- |

6)

working time weekly maximum of 60 hours in any one week as laid down in Article 4(a) of Directive 2002/15/EC;

| 7) | daily night-time working hours as set out in Article 7 of Directive 2002/15/EC; |
| --- | --- |

7)

daily night-time working hours as set out in Article 7 of Directive 2002/15/EC;

| 8) | if the vehicle is driven by a driver from a third country: possession of a valid driver's attestation in accordance with Regulation (EC) No 484/2002
  . |
| --- | --- |

8)

if the vehicle is driven by a driver from a third country: possession of a valid driver's attestation in accordance with Regulation (EC) No 484/2002
  .

Part B

Checks at the premises of undertakings

The elements of checks at the premises of undertakings, in addition to those for roadside checks, are:

| 1) | weekly rest periods and driving periods between these rest periods; |
| --- | --- |

1)

weekly rest periods and driving periods between these rest periods;

| 2) | two-weekly limitation of driving hours; |
| --- | --- |

2)

two-weekly limitation of driving hours;

| 3) | maximum average weekly working time over a four-month reference period, or six-month reference period, if national legislation so permits; |
| --- | --- |

3)

maximum average weekly working time over a four-month reference period, or six-month reference period, if national legislation so permits;

| 4) | the use of record sheets, digital tachograph data and/or the organisation of drivers' working times; |
| --- | --- |

4)

the use of record sheets, digital tachograph data and/or the organisation of drivers' working times;

| 5) | average maximum weekly working time of 48 hours over the reference period in Article 4(a) of Directive 2002/15/EC; |
| --- | --- |

5)

average maximum weekly working time of 48 hours over the reference period in Article 4(a) of Directive 2002/15/EC;

| 6) | check on co-liability of other instigators or accessories in the transport chain, such as shippers, freight forwarders or contractors, if an infringement is detected, including verification that contracts for the provision of transport permit compliance with the rules contained in Regulation (EEC) Nos 3820/85 and 3821/85 or Directive 2002/15/EC. |
| --- | --- |

6)

check on co-liability of other instigators or accessories in the transport chain, such as shippers, freight forwarders or contractors, if an infringement is detected, including verification that contracts for the provision of transport permit compliance with the rules contained in Regulation (EEC) Nos 3820/85 and 3821/85 or Directive 2002/15/EC.

---

(1)  OJ L 42, 23.2.1970, p. 8.

ANNEX II

Standard equipment to be available to enforcement staff

Member States shall ensure that the following standard equipment is available to enforcement inspectors carrying out the duties set out in Annex I:

| 1) | portable computer with software capable of downloading data from the vehicle unit and driver card of the digital tachograph and analysing data or transmitting findings to a central database for analysis. This equipment
  must
  be interoperable between Member State competent enforcement authorities; |
| --- | --- |

1)

portable computer with software capable of downloading data from the vehicle unit and driver card of the digital tachograph and analysing data or transmitting findings to a central database for analysis. This equipment
  must
  be interoperable between Member State competent enforcement authorities;

| 2) | equipment to check the old tachograph sheets. |
| --- | --- |

2)

equipment to check the old tachograph sheets.

P5_TA(2004)0307

European Refugee Fund 2005-2010 *

European Parliament legislative resolution on the Commission proposal for a Council decision establishing the European Refugee Fund for the period 2005-2010 (COM(2004) 102 — C5-0096/2004 — 2004/0032(CNS))

(Consultation procedure)

The European Parliament,

| — | having regard to the Commission proposal (COM(2004) 102) (1), |
| --- | --- |

—

having regard to the Commission proposal (COM(2004) 102) (1),

| — | having regard to Article 63(2)(b) of the EC Treaty, |
| --- | --- |

—

having regard to Article 63(2)(b) of the EC Treaty,

| — | having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0096/2004), |
| --- | --- |

—

having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0096/2004),

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

—

having regard to Rule 67 of its Rules of Procedure,

| — | having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the opinion of the Committee on Budgets.(A5-0267/2004), |
| --- | --- |

—

having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs and the opinion of the Committee on Budgets.(A5-0267/2004),

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

1.

Approves the Commission proposal as amended;

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

2.

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

| 3. | Considers that the financial statement of the Commission proposal for the period 2005-2006 is compatible with the ceiling of heading 3 of the current Financial Perspective without restricting other policies; asks the Commission to reassess the appropriations for the period 2007-2010 in the light of the new Financial Perspective for the period commencing in 2007; |
| --- | --- |

3.

Considers that the financial statement of the Commission proposal for the period 2005-2006 is compatible with the ceiling of heading 3 of the current Financial Perspective without restricting other policies; asks the Commission to reassess the appropriations for the period 2007-2010 in the light of the new Financial Perspective for the period commencing in 2007;

| 4. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

4.

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

| 5. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

5.

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

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

6.

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

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| Recital 3 |
| (3) It is necessary to continue this process and establish a European Refugee Fund for the period 2005-2010 to ensure solidarity between the Member States in the light of new Community asylum legislation and taking account of the experience acquired when implementing the first phase of the Fund for the period 2000-2004. | (3) It is necessary to continue this process and establish a European Refugee Fund for the period 2005-2010 to ensure solidarity between the Member States in the light of new Community asylum legislation and taking account of the experience acquired when implementing the first phase of the Fund for the period 2000-2004
  , and the recent and ongoing discussions at EU and international level on the reform and possible strengthening of international protection regimes. |
| Amendment 2 |
| Recital 3a (new) |
| | (3a) The second phase of the Fund goes beyond the current Financial Perspective. A re-assessment of the Fund's financial endowment in view of its compatibility with the new financial framework is therefore required. |
| Amendment 3 |
| Recital 4 |
| (4) It is necessary to support the efforts made by the Member States to grant appropriate reception conditions to refugees and displaced persons and to apply fair and effective asylum procedures so as to protect the rights of persons requiring international protection and enable asylum systems to work smoothly. | (4) It is necessary to support
  and improve
  the efforts made by the Member States to grant appropriate reception conditions to refugees and displaced persons
  so as to take account of the special needs of the most vulnerable groups (such as unaccompanied minors, victims of torture or rape, victims of trafficking or forms of sexual abuse, individuals in need of
  special medical treatment), and to apply fair and effective asylum procedures
  and promote good practice
  so as to protect the rights of persons requiring international protection and enable asylum systems to work smoothly. |
| Amendment 4 |
| Recital 8 |
| (8) Practical support is needed to create or improve conditions enabling refugees and displaced persons
  to take an informed decision
  to leave the territory of the Member States and return home, should they so wish. | (8) Practical support is needed to create or improve conditions enabling refugees and displaced persons
  who wish
  to leave the territory of the Member States and return home,
  to do so in full knowledge of the considerations involved and in safety and dignity
  . |
| Amendment 5 |
| Recital 13 |
| (13) It is fair to allocate resources proportionately to the burden on each Member State by reason of its efforts in receiving refugees and displaced persons. | (13)
  Whilst it is appropriate to increase the fixed amount awarded to each Member State in order to contribute to improving their asylum system, it remains
  fair to allocate
  a large part of the
  resources proportionately to the burden on each Member State by reason of its efforts in receiving refugees and displaced persons. |
| Amendment 6 |
| Recital 15 |
| (15) The Member States should provide sufficient guarantees as regards arrangements for implementation and quality of execution, as regards the results of action implementation and assessment and as regards proper financial management and supervision. | (15) The Member States should provide sufficient guarantees as regards arrangements for implementation and quality of execution, as regards the results of action implementation and
  its transparency and as regards
  assessment and proper financial management and supervision. |
| Amendment 7 |
| Recital 19 |
| (19) The effectiveness and impact of actions supported by the European Refugee Fund also depend on their evaluation. The responsibilities of the Member States and the Commission in this regard, and arrangements to ensure the reliability of evaluation, should be formalised. | (19) The effectiveness and impact of actions supported by the European Refugee Fund also depend on their evaluation
  and the dissemination of the results
  . The responsibilities of the Member States and the Commission in this regard, and arrangements to ensure the reliability of evaluation
  and the quality of the related information (ex-ante and ex-post)
  , should be formalised. |
| Amendment 8 |
| Article 2, paragraph 2 |
| 2. In the context of the budgetary procedure for
  2008
  , the Commission shall indicate, by
  1 May 2007
  at the latest, whether the
  amount
  for
  2008-2010 is sufficient for
  the new financial perspectives. If necessary, the Commission
  shall take steps in the course of the 2008-2010 budgetary procedures to ensure that the annual appropriations are consistent with the financial perspectives
  . | 2. In the context of the budgetary procedure for
  2007
  , the Commission shall indicate, by
  1 May 2006
  at the latest, whether the
  indicative amounts
  for
  2007-2010 are compatible with
  the new financial perspectives. If necessary,
  and taking account of the real needs established at that time,
  the Commission
  shall submit to the budgetary authority a proposal to revise the appropriations to be made available to the Fund
  . |
| Amendment 9 |
| Article 3, points (4) and (5) |
| (4) | any third-country nationals or stateless persons
  who have applied for one of the forms of protection described in points 1 and 3
  ; |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

Recital 3

(3) It is necessary to continue this process and establish a European Refugee Fund for the period 2005-2010 to ensure solidarity between the Member States in the light of new Community asylum legislation and taking account of the experience acquired when implementing the first phase of the Fund for the period 2000-2004.

(3) It is necessary to continue this process and establish a European Refugee Fund for the period 2005-2010 to ensure solidarity between the Member States in the light of new Community asylum legislation and taking account of the experience acquired when implementing the first phase of the Fund for the period 2000-2004
  , and the recent and ongoing discussions at EU and international level on the reform and possible strengthening of international protection regimes.

Amendment 2

Recital 3a (new)

(3a) The second phase of the Fund goes beyond the current Financial Perspective. A re-assessment of the Fund's financial endowment in view of its compatibility with the new financial framework is therefore required.

Amendment 3

Recital 4

(4) It is necessary to support the efforts made by the Member States to grant appropriate reception conditions to refugees and displaced persons and to apply fair and effective asylum procedures so as to protect the rights of persons requiring international protection and enable asylum systems to work smoothly.

(4) It is necessary to support
  and improve
  the efforts made by the Member States to grant appropriate reception conditions to refugees and displaced persons
  so as to take account of the special needs of the most vulnerable groups (such as unaccompanied minors, victims of torture or rape, victims of trafficking or forms of sexual abuse, individuals in need of
  special medical treatment), and to apply fair and effective asylum procedures
  and promote good practice
  so as to protect the rights of persons requiring international protection and enable asylum systems to work smoothly.

Amendment 4

Recital 8

(8) Practical support is needed to create or improve conditions enabling refugees and displaced persons
  to take an informed decision
  to leave the territory of the Member States and return home, should they so wish.

(8) Practical support is needed to create or improve conditions enabling refugees and displaced persons
  who wish
  to leave the territory of the Member States and return home,
  to do so in full knowledge of the considerations involved and in safety and dignity
  .

Amendment 5

Recital 13

(13) It is fair to allocate resources proportionately to the burden on each Member State by reason of its efforts in receiving refugees and displaced persons.

(13)
  Whilst it is appropriate to increase the fixed amount awarded to each Member State in order to contribute to improving their asylum system, it remains
  fair to allocate
  a large part of the
  resources proportionately to the burden on each Member State by reason of its efforts in receiving refugees and displaced persons.

Amendment 6

Recital 15

(15) The Member States should provide sufficient guarantees as regards arrangements for implementation and quality of execution, as regards the results of action implementation and assessment and as regards proper financial management and supervision.

(15) The Member States should provide sufficient guarantees as regards arrangements for implementation and quality of execution, as regards the results of action implementation and
  its transparency and as regards
  assessment and proper financial management and supervision.

Amendment 7

Recital 19

(19) The effectiveness and impact of actions supported by the European Refugee Fund also depend on their evaluation. The responsibilities of the Member States and the Commission in this regard, and arrangements to ensure the reliability of evaluation, should be formalised.

(19) The effectiveness and impact of actions supported by the European Refugee Fund also depend on their evaluation
  and the dissemination of the results
  . The responsibilities of the Member States and the Commission in this regard, and arrangements to ensure the reliability of evaluation
  and the quality of the related information (ex-ante and ex-post)
  , should be formalised.

Amendment 8

Article 2, paragraph 2

2. In the context of the budgetary procedure for
  2008
  , the Commission shall indicate, by
  1 May 2007
  at the latest, whether the
  amount
  for
  2008-2010 is sufficient for
  the new financial perspectives. If necessary, the Commission
  shall take steps in the course of the 2008-2010 budgetary procedures to ensure that the annual appropriations are consistent with the financial perspectives
  .

2. In the context of the budgetary procedure for
  2007
  , the Commission shall indicate, by
  1 May 2006
  at the latest, whether the
  indicative amounts
  for
  2007-2010 are compatible with
  the new financial perspectives. If necessary,
  and taking account of the real needs established at that time,
  the Commission
  shall submit to the budgetary authority a proposal to revise the appropriations to be made available to the Fund
  .

Amendment 9

Article 3, points (4) and (5)

(4)

any third-country nationals or stateless persons
  who have applied for one of the forms of protection described in points 1 and 3
  ;

| (4) | any third-country nationals or stateless persons
  enjoying temporary protection within the meaning of Directive 2001/55/EC
  ; |
| --- | --- |

(4)

any third-country nationals or stateless persons
  enjoying temporary protection within the meaning of Directive 2001/55/EC
  ;

| (5) | any third-country nationals or stateless persons
  enjoying temporary protection within the meaning of Directive 2001/55/EC
  . |
| --- | --- |

(5)

any third-country nationals or stateless persons
  enjoying temporary protection within the meaning of Directive 2001/55/EC
  .

| (5) | any third-country nationals or stateless persons
  who have applied for one of the forms of protection described in points 1 and 3. |
| --- | --- |

(5)

any third-country nationals or stateless persons
  who have applied for one of the forms of protection described in points 1 and 3.

Amendment 10

Article 4, paragraph 1, point (b)

| (b) | integration of persons referred to in Article 3
  whose stay in the Member State is of a lasting and/or stable nature
  ; |
| --- | --- |

(b)

integration of persons referred to in Article 3
  whose stay in the Member State is of a lasting and/or stable nature
  ;

(b) integration of persons referred to in Article 3;

Amendment 28

Article 4, paragraph 1, point (c)

| (c) | voluntary return of persons referred to in Article 3, provided they have not acquired a new nationality and have not left the territory of the Member State. |
| --- | --- |

(c)

voluntary return of persons referred to in Article 3, provided they have not acquired a new nationality and have not left the territory of the Member State.

| (c) | voluntary return of persons referred to in Article 3, provided they have not acquired a new nationality and have not left the territory of the Member State.
  The Fund shall not support the forced return of rejected asylum seekers. |
| --- | --- |

(c)

voluntary return of persons referred to in Article 3, provided they have not acquired a new nationality and have not left the territory of the Member State.
  The Fund shall not support the forced return of rejected asylum seekers.

Amendment 12

Article 4, paragraph 3

3. Actions shall take account of gender-related issues and of the specific needs of the most vulnerable,
  including persons who have been tortured or subjected to inhuman and degrading treatment and shall give priority to the best interests of children
  . The actions provided for in paragraph 1(a), (b) and (c) may be carried out on a joint basis.

3. Actions shall take account of gender-related issues
  , the best interests of children
  and of the specific needs of the most vulnerable
  (such as unaccompanied minors, victims of torture or rape, victims of trafficking or forms of sexual abuse, individuals in need of special medical treatment)
  . The actions provided for in paragraph 1(a), (b) and (c) may be carried out on a joint basis.

Amendment 13

Article 5, indent 3

| — | social assistance, information or help with administrative formalities; |
| --- | --- |

—

social assistance, information or help with administrative formalities;

| — | social assistance, information or help with administrative
  and/or judicial
  formalities; |
| --- | --- |

—

social assistance, information or help with administrative
  and/or judicial
  formalities;

Amendment 14

Article 5, indent 5

— education, language training, help with finding work
  ;

| — | meeting the special needs of the most vulnerable, particularly in terms of children's schooling
  ; |
| --- | --- |

—

meeting the special needs of the most vulnerable, particularly in terms of children's schooling
  ;

Amendment 15

Article 6, indent 4

| — | education,
  vocational training,
  recognition of qualifications and diplomas; |
| --- | --- |

—

education,
  vocational training,
  recognition of qualifications and diplomas;

| — | education
  and training, help with finding work,
  recognition of qualifications and diplomas; |
| --- | --- |

—

education
  and training, help with finding work,
  recognition of qualifications and diplomas;

Amendment 16

Article 6, indent 5

| — | actions designed to enable these persons to provide for themselves; |
| --- | --- |

—

actions designed to enable these persons to provide for themselves;

| — | employment support and, more generally,
  actions designed to enable these persons to provide for themselves; |
| --- | --- |

—

employment support and, more generally,
  actions designed to enable these persons to provide for themselves;

Amendment 17

Article 6, indent 5a (new)

| — | actions designed to enable these persons to learn the language commonly used in their place of residence; |
| --- | --- |

—

Amendment 18

Article 8, paragraph 2a (new)

2a. Projects that involve the persons referred to in Article 3 directly in developing and implementing actions shall be deemed particularly innovative.

Amendment 19

Article 8, paragraph 2b (new)

2b. Community actions may finance short innovative projects.

Amendment 20

Article 9, paragraph 1

1. In the event of temporary protection mechanisms within the meaning of Council Directive 2001/55/EC being implemented, the Fund shall also finance measures to help the Member States which are separate from and in addition to the actions referred to in Article 4.

1. In the event of temporary protection mechanisms within the meaning of Council Directive 2001/55/EC being implemented, the Fund shall also finance measures to help the Member States
  concerned
  which are separate from and in addition to the actions referred to in Article 4.

Amendment 21

Article 12, paragraph 4, point (b)

(b) organising and advertising calls for tenders and proposals;

| (b) | organising and advertising calls for tenders and proposals
  taking due account of the need for administrative simplification
  ; |
| --- | --- |

(b)

organising and advertising calls for tenders and proposals
  taking due account of the need for administrative simplification
  ;

Amendment 22

Article 12, paragraph 6a (new)

6a. The responsible authority shall call on a national advisory committee to define the objectives and priorities of the Fund and its general strategy. The advisory committee shall be composed of representatives of the government, local authorities, voluntary organisations, social partners, the UNHCR and higher-education institutes.

Amendment 23

Article 14, paragraph 2, point (d)

| (d) | indication of whether this strategy is compatible with other regional, national and Community instruments; |
| --- | --- |

(d)

indication of whether this strategy is compatible with other regional, national and Community instruments;

| (d) | indication of whether this strategy is compatible with
  and complementary to
  other regional, national and Community instruments; |
| --- | --- |

(d)

indication of whether this strategy is compatible with
  and complementary to
  other regional, national and Community instruments;

Amendment 24

Article 16, paragraph 1

1. Each Member State shall receive a fixed amount of
  EUR 300 000
  from the Fund's annual allocation. This amount shall be fixed at EUR 500 000 per annum for
  2005, 2006 and 2007
  for the states which accede to the European Union on 1 May 2004.

1. Each Member State shall receive a fixed amount of
  EUR 150 000
  from the Fund's annual allocation. This amount shall be fixed at EUR 500 000 per annum for
  a minimum of three consecutive years
  for the states which accede to the European Union on 1 May 2004
  and after that dat
  e.

Amendment 25

Article 19, paragraph 3

3. Fund appropriations shall be complementary to public or equivalent expenditure allocated by the Member States to the measures covered by this Decision.

3. Fund appropriations shall be complementary
  , and shall add value,
  to public or equivalent expenditure allocated by the Member States to the measures covered by this Decision.

Amendment 26

Article 19, paragraph 4, point (a)

| (a) | as regards actions implemented in the Member States under Articles 5, 6 and 7, 50% of the total cost of a specific action. This may be increased to 60% for
  particularly innovative actions or
  actions carried out by transnational partnerships, and to 75% in the Member States covered by the Cohesion Fund; |
| --- | --- |

(a)

as regards actions implemented in the Member States under Articles 5, 6 and 7, 50% of the total cost of a specific action. This may be increased to 60% for
  particularly innovative actions or
  actions carried out by transnational partnerships, and to 75% in the Member States covered by the Cohesion Fund;

| (a) | as regards actions implemented in the Member States under Articles 5, 6 and 7, 50% of the total cost of a specific action. This may be increased to 60% for actions carried out by transnational partnerships, and to 75% in the Member States covered by the Cohesion Fund; |
| --- | --- |

(a)

as regards actions implemented in the Member States under Articles 5, 6 and 7, 50% of the total cost of a specific action. This may be increased to 60% for actions carried out by transnational partnerships, and to 75% in the Member States covered by the Cohesion Fund;

Amendment 27

Article 22, paragraph 3

3. A second pre-financing payment shall be made no more than three months after the Commission has approved a report on implementation of the annual work programme and a declaration of expenditure accounting for at least 70% of the amount of the initial payment. The amount of the second prefinancing payment made by the Commission shall
  not exceed 50% of the total amount allocated by the co-financing decision or, in any event,
  the balance of the amount of Community funds actually committed by the Member State for selected projects under the annual programme minus the first prefinancing payment.

3. A second pre-financing payment shall be made no more than three months after the Commission has approved a report on implementation of the annual work programme and a declaration of expenditure accounting for at least 70% of the amount of the initial payment. The amount of the second prefinancing payment made by the Commission shall
  be equal to
  the balance of the amount of Community funds actually committed by the Member State for selected projects under the annual programme minus the first pre-financing payment.

---

(1)  Not yet published in the OJ.

P5_TA(2004)0308

Waste prevention and recycling

European Parliament resolution on the communication from the Commission: Towards a thematic strategy on the prevention and recycling of waste (COM(2003) 301 — C5-0385/2003 — 2003/2145(INI))

The European Parliament,

| — | having regard to the Commission's communication entitled ‘Towards a thematic strategy on the prevention and recycling of waste’ (COM(2003) 301 — C5-0385/2003), |
| --- | --- |

—

having regard to the Commission's communication entitled ‘Towards a thematic strategy on the prevention and recycling of waste’ (COM(2003) 301 — C5-0385/2003),

| — | having regard to Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 on the Sixth Community Environment Action Programme (1), |
| --- | --- |

—

having regard to Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 on the Sixth Community Environment Action Programme (1),

| — | having regard to the Commission's communication entitled ‘Development of a thematic strategy for the sustainable use of natural resources’ (COM(2003) 572), |
| --- | --- |

—

having regard to the Commission's communication entitled ‘Development of a thematic strategy for the sustainable use of natural resources’ (COM(2003) 572),

| — | having regard to the Commission's communication to the Council and the European Parliament entitled ‘Integrated product policy — building on environmental life-cycle thinking’ (COM(2003) 302), |
| --- | --- |

—

having regard to the Commission's communication to the Council and the European Parliament entitled ‘Integrated product policy — building on environmental life-cycle thinking’ (COM(2003) 302),

| — | having regard to Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (2), |
| --- | --- |

—

having regard to Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (2),

| — | having regard to the Commission proposal of 29 October 2003 for a regulation of the European Parliament and of the Council concerning the registration, evaluation, authorisation and restriction of chemicals (REACH), establishing a European Chemicals Agency and amending Directive 1999/45/EC and Regulation (EC) (on persistent organic pollutants) (COM(2003) 644), |
| --- | --- |

—

having regard to the Commission proposal of 29 October 2003 for a regulation of the European Parliament and of the Council concerning the registration, evaluation, authorisation and restriction of chemicals (REACH), establishing a European Chemicals Agency and amending Directive 1999/45/EC and Regulation (EC) (on persistent organic pollutants) (COM(2003) 644),

| — | having regard to its resolution of 19 November 2003 on the report on the implementation of Council Directive 75/442/EEC (Waste Framework Directive) (3), |
| --- | --- |

—

having regard to its resolution of 19 November 2003 on the report on the implementation of Council Directive 75/442/EEC (Waste Framework Directive) (3),

| — | having regard to its resolution of 14 November 1996 on the communication from the Commission on the review of the Community strategy for waste management and the draft Council resolution on waste policy (4) and Council Decision of 24 February 1997 on the Community's strategy for waste management (5), |
| --- | --- |

—

having regard to its resolution of 14 November 1996 on the communication from the Commission on the review of the Community strategy for waste management and the draft Council resolution on waste policy (4) and Council Decision of 24 February 1997 on the Community's strategy for waste management (5),

| — | having regard to Rule 47(2) and Rule 163 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 47(2) and Rule 163 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Industry, External Trade, Research and Energy (A5-0176/2004), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Consumer Policy and the opinion of the Committee on Industry, External Trade, Research and Energy (A5-0176/2004),

| A. | whereas Article 3(1) of Council Directive 75/442/EEC of 15 July 1975 on waste (6) requires Member States to take appropriate measures to encourage, firstly, the prevention or reduction of waste production and its harmfulness, |
| --- | --- |

A.

whereas Article 3(1) of Council Directive 75/442/EEC of 15 July 1975 on waste (6) requires Member States to take appropriate measures to encourage, firstly, the prevention or reduction of waste production and its harmfulness,

| B. | whereas Article 4 of Decision No 1600/2002/EC provides that the thematic strategies adopted by the programme are to be submitted to the European Parliament and the Council and, where appropriate, are to take the form of a decision of the European Parliament and of the Council to be adopted in accordance with the (codecision) procedure laid down in Article 251 of the Treaty, |
| --- | --- |

B.

whereas Article 4 of Decision No 1600/2002/EC provides that the thematic strategies adopted by the programme are to be submitted to the European Parliament and the Council and, where appropriate, are to take the form of a decision of the European Parliament and of the Council to be adopted in accordance with the (codecision) procedure laid down in Article 251 of the Treaty,

| C. | whereas Article 8(1) of Decision No 1600/2002/EC includes the following objectives,






  — | achieving a significant overall reduction in the volumes of waste generated through waste prevention initiatives, better resource efficiency and a shift towards more sustainable production and consumption patterns; |
| --- | --- | --- |

C.

whereas Article 8(1) of Decision No 1600/2002/EC includes the following objectives,

—

achieving a significant overall reduction in the volumes of waste generated through waste prevention initiatives, better resource efficiency and a shift towards more sustainable production and consumption patterns;

| — | a significant reduction in the quantity of waste going to disposal and the volumes of hazardous waste produced while avoiding an increase of emissions to air, water and soil; |
| --- | --- |

—

a significant reduction in the quantity of waste going to disposal and the volumes of hazardous waste produced while avoiding an increase of emissions to air, water and soil;

| — | encouraging re-use and for wastes that are still generated: the level of their hazardousness should be reduced and they should present as little risk as possible; preference should be given to recovery and especially to recycling; the quantity of waste for disposal should be minimised and should be safely disposed of; waste intended for disposal should be treated as closely as possible to the place of its generation, to the extent that this does not lead to a decrease in the efficiency in waste treatment operations, |
| --- | --- |

—

encouraging re-use and for wastes that are still generated: the level of their hazardousness should be reduced and they should present as little risk as possible; preference should be given to recovery and especially to recycling; the quantity of waste for disposal should be minimised and should be safely disposed of; waste intended for disposal should be treated as closely as possible to the place of its generation, to the extent that this does not lead to a decrease in the efficiency in waste treatment operations,

| D. | whereas Article 8(2), point (ii) of Decision No 1600/2002/EC provides for the development and implementation of measures on waste prevention, while point (iii) addresses waste management and the development of a thematic strategy for waste recycling, |
| --- | --- |

D.

whereas Article 8(2), point (ii) of Decision No 1600/2002/EC provides for the development and implementation of measures on waste prevention, while point (iii) addresses waste management and the development of a thematic strategy for waste recycling,

| E. | whereas Article 8(2), point (iv) of Decision No 1600/2002/EC provides for the development or revision of the legislation on wastes, including, inter alia, construction and demolition waste, sewage sludge and biodegradable wastes, and for clarification of the distinction between waste and nonwaste and the development of adequate criteria for the further elaboration of Annex IIA and IIB of the framework directive on wastes, |
| --- | --- |

E.

whereas Article 8(2), point (iv) of Decision No 1600/2002/EC provides for the development or revision of the legislation on wastes, including, inter alia, construction and demolition waste, sewage sludge and biodegradable wastes, and for clarification of the distinction between waste and nonwaste and the development of adequate criteria for the further elaboration of Annex IIA and IIB of the framework directive on wastes,

| F. | whereas Article 8 of Decision No 1600/2002/EC also provides for the development of a thematic strategy on the sustainable use and management of resources and reflects the close link between the sustainable management of natural resources and waste management, |
| --- | --- |

F.

whereas Article 8 of Decision No 1600/2002/EC also provides for the development of a thematic strategy on the sustainable use and management of resources and reflects the close link between the sustainable management of natural resources and waste management,

| G. | whereas measures must be taken which, on the one hand, lead to lower resource use in products, a shift to cleaner, less wasteful production processes and extended product life-spans, and, on the other hand, influence consumer choice and demand in the market place in favour of less wasteful products and services, |
| --- | --- |

G.

whereas measures must be taken which, on the one hand, lead to lower resource use in products, a shift to cleaner, less wasteful production processes and extended product life-spans, and, on the other hand, influence consumer choice and demand in the market place in favour of less wasteful products and services,

| H. | whereas most Member States are still not making sufficient effort to implement Community rules on waste within the prescribed period and to apply them correctly, which is significantly detrimental to the level of environmental protection to which the Community aspires and gives rise to considerable competitive disadvantages for companies in Member States which do implement the rules within the prescribed period, |
| --- | --- |

H.

whereas most Member States are still not making sufficient effort to implement Community rules on waste within the prescribed period and to apply them correctly, which is significantly detrimental to the level of environmental protection to which the Community aspires and gives rise to considerable competitive disadvantages for companies in Member States which do implement the rules within the prescribed period,

| I. | whereas ‘waste prevention’ refers solely to the reduction of the generation of waste in the first place and should not be confused with the diversion of waste already generated from disposal, |
| --- | --- |

I.

whereas ‘waste prevention’ refers solely to the reduction of the generation of waste in the first place and should not be confused with the diversion of waste already generated from disposal,

| J. | whereas, although the EU has already taken numerous measures to minimise waste problems, these have not been sufficient to reduce the generation of hazardous and non-hazardous waste and their adverse effects on the environment or to ensure sustainable waste management, |
| --- | --- |

J.

whereas, although the EU has already taken numerous measures to minimise waste problems, these have not been sufficient to reduce the generation of hazardous and non-hazardous waste and their adverse effects on the environment or to ensure sustainable waste management,

| K. | whereas cultural and regional differences in the various Member States are substantial and whereas a uniform system must permit regional differences; whereas a comprehensive waste strategy should therefore be developed in such a way that various instruments can be used, |
| --- | --- |

K.

whereas cultural and regional differences in the various Member States are substantial and whereas a uniform system must permit regional differences; whereas a comprehensive waste strategy should therefore be developed in such a way that various instruments can be used,

| L. | whereas a successful waste avoidance policy should ultimately be based on a solid scientific analysis and reliable statistical data; whereas the fact that the data available have hitherto either not been evaluated or have been evaluated inadequately, and that the data produced on the basis of the waste statistics regulation will not be available until 2006 at the earliest, should not serve as a pretext for further delay in the adoption of measures to reduce the environmental impact of products and product waste, |
| --- | --- |

L.

whereas a successful waste avoidance policy should ultimately be based on a solid scientific analysis and reliable statistical data; whereas the fact that the data available have hitherto either not been evaluated or have been evaluated inadequately, and that the data produced on the basis of the waste statistics regulation will not be available until 2006 at the earliest, should not serve as a pretext for further delay in the adoption of measures to reduce the environmental impact of products and product waste,

| M. | whereas the prevention of waste inevitably constitutes an objective also for the natural resource strategy and integrated product policy, and Directive 96/61/EC and REACH could play an important role in the prevention and treatment of waste, |
| --- | --- |

M.

whereas the prevention of waste inevitably constitutes an objective also for the natural resource strategy and integrated product policy, and Directive 96/61/EC and REACH could play an important role in the prevention and treatment of waste,

| N. | whereas in most States, disposal and, in particular, landfill still constitute the most frequent methods of waste treatment, |
| --- | --- |

N.

whereas in most States, disposal and, in particular, landfill still constitute the most frequent methods of waste treatment,

| O. | whereas sorting of waste prior to putting certain fractions into state-of-the art waste land-fill sites makes an important contribution to environmental protection, |
| --- | --- |

O.

whereas sorting of waste prior to putting certain fractions into state-of-the art waste land-fill sites makes an important contribution to environmental protection,

| P. | whereas the prevention of waste generation and the prevention of waste which requires disposal offer great potential for a successful quantitative waste prevention policy, |
| --- | --- |

P.

whereas the prevention of waste generation and the prevention of waste which requires disposal offer great potential for a successful quantitative waste prevention policy,

| Q. | whereas an adjustment in production processes can result in less waste or less hazardous waste, |
| --- | --- |

Q.

whereas an adjustment in production processes can result in less waste or less hazardous waste,

| R. | whereas prevention, re-use, recycling and energy recovery of waste — with the order reflecting the order of relevance — could make a vital contribution to the conservation of natural resources, and whereas according to the state of the art at the present time, the separation of certain waste streams is a condition thereof, |
| --- | --- |

R.

whereas prevention, re-use, recycling and energy recovery of waste — with the order reflecting the order of relevance — could make a vital contribution to the conservation of natural resources, and whereas according to the state of the art at the present time, the separation of certain waste streams is a condition thereof,

| S. | whereas there are no Community minimum standards for recovery facilities, which results in different levels of environmental protection in the Member States, eco-dumping and distortions of competition, |
| --- | --- |

S.

whereas there are no Community minimum standards for recovery facilities, which results in different levels of environmental protection in the Member States, eco-dumping and distortions of competition,

| T. | whereas, although attempts to establish material-related recycling criteria, e.g. for plastics, or a system of tradeable certificates may supplement the Community rules on treatment, at the present time numerous questions concerning the practical applicability of these remain open, |
| --- | --- |

T.

whereas, although attempts to establish material-related recycling criteria, e.g. for plastics, or a system of tradeable certificates may supplement the Community rules on treatment, at the present time numerous questions concerning the practical applicability of these remain open,

| U. | whereas it is regrettable that all waste management operations are currently exempted from Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading, given that such operations can be a relevant contributor to CO2 emissions, |
| --- | --- |

U.

whereas it is regrettable that all waste management operations are currently exempted from Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading, given that such operations can be a relevant contributor to CO2 emissions,

| V. | whereas recent judgments of the Court of Justice concerning the distinctions between different methods of recovery and final disposal have resulted in uncertainty about the classification of recovery and disposal as referred to in Annex II to Directive 75/442/EEC, |
| --- | --- |

V.

whereas recent judgments of the Court of Justice concerning the distinctions between different methods of recovery and final disposal have resulted in uncertainty about the classification of recovery and disposal as referred to in Annex II to Directive 75/442/EEC,

| W. | whereas there is an urgent need to draw a clear dividing line between recovery and disposal; whereas clarifying the distinction between waste and non-waste is a condition of greater certainty for companies in terms of law, planning and investment and whereas, moreover, there are no adequate Community definitions of waste prevention and re-use, |
| --- | --- |

W.

whereas there is an urgent need to draw a clear dividing line between recovery and disposal; whereas clarifying the distinction between waste and non-waste is a condition of greater certainty for companies in terms of law, planning and investment and whereas, moreover, there are no adequate Community definitions of waste prevention and re-use,

| 1. | Welcomes the Commission's communication as an appropriate basis for discussion of future strategy; |
| --- | --- |

1.

Welcomes the Commission's communication as an appropriate basis for discussion of future strategy;

| 2. | Calls on the Commission to turn the future thematic strategy into an ambitious policy framework with primary emphasis on concrete measures aimed at waste prevention, so that it achieves the objectives of the Sixth Community Environment Action Programme; |
| --- | --- |

2.

Calls on the Commission to turn the future thematic strategy into an ambitious policy framework with primary emphasis on concrete measures aimed at waste prevention, so that it achieves the objectives of the Sixth Community Environment Action Programme;

| 3. | Notes and welcomes the fact that the communication broadens the thematic strategy for waste recycling, as provided for in the Sixth Community Environment Action Programme, to include the vital areas of waste management, inter alia waste prevention and clarification of the legal framework; |
| --- | --- |

3.

Notes and welcomes the fact that the communication broadens the thematic strategy for waste recycling, as provided for in the Sixth Community Environment Action Programme, to include the vital areas of waste management, inter alia waste prevention and clarification of the legal framework;

| 4. | Considers it essential for the strategy to be discussed by the European Parliament and the Council in accordance with the (codecision) procedure laid down in Article 251 of the Treaty; |
| --- | --- |

4.

Considers it essential for the strategy to be discussed by the European Parliament and the Council in accordance with the (codecision) procedure laid down in Article 251 of the Treaty;

| 5. | Takes the view that the title of the strategy (‘Towards a thematic strategy on the prevention and recycling of waste’) does not adequately reflect its substantive objectives and the challenges involved in a future EU waste management policy, and therefore proposes the following title: ‘Towards a thematic strategy on the prevention, recycling and treatment of waste‘; |
| --- | --- |

5.

Takes the view that the title of the strategy (‘Towards a thematic strategy on the prevention and recycling of waste’) does not adequately reflect its substantive objectives and the challenges involved in a future EU waste management policy, and therefore proposes the following title: ‘Towards a thematic strategy on the prevention, recycling and treatment of waste‘;

| 6. | Considers it essential unequivocally to clarify the correlation between the strategy and other relevant measures and rules, in particular the resource strategy, integrated product policy, Directive 96/61/EC and REACH, as well as the objectives of climate and soil protection policies, and to ensure their consistency; |
| --- | --- |

6.

Considers it essential unequivocally to clarify the correlation between the strategy and other relevant measures and rules, in particular the resource strategy, integrated product policy, Directive 96/61/EC and REACH, as well as the objectives of climate and soil protection policies, and to ensure their consistency;

| 7. | Considers that the strategy should be proposed simultaneously with the resource strategy and that a further intensive dialogue should be conducted until that time with all stakeholders; |
| --- | --- |

7.

Considers that the strategy should be proposed simultaneously with the resource strategy and that a further intensive dialogue should be conducted until that time with all stakeholders;

| 8. | Points out that the overall objective of the strategy is to reduce to a minimum the negative environmental impact of waste; this means that, in the thematic strategy, environmental impact should be defined, that recycling is not an end in itself
  ,
  especially not for hazardous waste, and that the waste hierarchy should be correctly applied for different situations and materials; it should be the environmental impact that counts; therefore calls for future legislation to give preference to waste disposal over re-use and recycling only where there is a clear evidence that it actually is more environmentally friendly; this could, for instance, be determined through a comparison of inter alia emission and energy consumption levels for the various alternative processes throughout their lifecycle; |
| --- | --- |

8.

Points out that the overall objective of the strategy is to reduce to a minimum the negative environmental impact of waste; this means that, in the thematic strategy, environmental impact should be defined, that recycling is not an end in itself
  ,
  especially not for hazardous waste, and that the waste hierarchy should be correctly applied for different situations and materials; it should be the environmental impact that counts; therefore calls for future legislation to give preference to waste disposal over re-use and recycling only where there is a clear evidence that it actually is more environmentally friendly; this could, for instance, be determined through a comparison of inter alia emission and energy consumption levels for the various alternative processes throughout their lifecycle;

| 9. | Points out that the negative environmental impact of waste is best reduced by not generating the waste in the first place, hence the overriding importance of measures to prevent or reduce the generation of waste, in particular hazardous waste; |
| --- | --- |

9.

Points out that the negative environmental impact of waste is best reduced by not generating the waste in the first place, hence the overriding importance of measures to prevent or reduce the generation of waste, in particular hazardous waste;

| 10. | Confirms that the objective of the sustainable waste management strategy must be prevention of the generation of waste and sustainable resource management, i.e. that future Community measures and targets must take account of environmental, economic and social requirements on an equal footing and with a view to the future; |
| --- | --- |

10.

Confirms that the objective of the sustainable waste management strategy must be prevention of the generation of waste and sustainable resource management, i.e. that future Community measures and targets must take account of environmental, economic and social requirements on an equal footing and with a view to the future;

| 11. | Calls on the Commission to continue, inter alia, to propose the mandatory phasing out of certain hazardous substances in product-related legislation as an effective means of qualitative waste prevention, so as to contribute to an overall reduction of 20% in the generation of hazardous waste by 2010; |
| --- | --- |

11.

Calls on the Commission to continue, inter alia, to propose the mandatory phasing out of certain hazardous substances in product-related legislation as an effective means of qualitative waste prevention, so as to contribute to an overall reduction of 20% in the generation of hazardous waste by 2010;

| 12. | Calls on the Commission to ensure proper implementation of existing directives that phase out the use of certain hazardous substances by ensuring that decisions in comitology are in line with the provisions of the directive concerned and consistent with the approach chosen in related legislation; |
| --- | --- |

12.

Calls on the Commission to ensure proper implementation of existing directives that phase out the use of certain hazardous substances by ensuring that decisions in comitology are in line with the provisions of the directive concerned and consistent with the approach chosen in related legislation;

| 13. | Expressly welcomes in this connection the fact that the Commission is to use an approach with the strategy which takes account of the entire life cycle of resource management and that future Community measures and targets are to be based on a thorough analysis of the eco-efficiency, cost and benefit and cost-effectiveness of various options; |
| --- | --- |

13.

Expressly welcomes in this connection the fact that the Commission is to use an approach with the strategy which takes account of the entire life cycle of resource management and that future Community measures and targets are to be based on a thorough analysis of the eco-efficiency, cost and benefit and cost-effectiveness of various options;

| 14. | Stresses the need to set environmental indicators for consumer products that include inter alia the quantity and impact of final waste; is convinced that these indicators will be a strong incentive for improving the environmental quality of products; believes that clear indicators can enable producers to direct their investment towards environmentally friendlier materials and production methods; |
| --- | --- |

14.

Stresses the need to set environmental indicators for consumer products that include inter alia the quantity and impact of final waste; is convinced that these indicators will be a strong incentive for improving the environmental quality of products; believes that clear indicators can enable producers to direct their investment towards environmentally friendlier materials and production methods;

| 15. | Calls on the Commission to be ambitious when setting new targets, to use best environmental practice as the reference for setting targets, to aim at transitional periods that could be met by a maximum of Member States, allowing additional time for certain Member States in well justified cases, and to ensure that effective measures to monitor implementation are put in place; |
| --- | --- |

15.

Calls on the Commission to be ambitious when setting new targets, to use best environmental practice as the reference for setting targets, to aim at transitional periods that could be met by a maximum of Member States, allowing additional time for certain Member States in well justified cases, and to ensure that effective measures to monitor implementation are put in place;

| 16. | Requests the Commission to take account of the subsidiarity principle when drawing up the strategy; emphasises in this respect the need to set clear objectives for the EU as a whole, while giving Member States flexibility in how to achieve these objectives; |
| --- | --- |

16.

Requests the Commission to take account of the subsidiarity principle when drawing up the strategy; emphasises in this respect the need to set clear objectives for the EU as a whole, while giving Member States flexibility in how to achieve these objectives;

| 17. | Considers that there is an urgent need to speed up the entire Treaty-infringement procedure in the waste sector, in order to put an end to the competitive disadvantages suffered by companies established in Member States which implement legislation within the prescribed period; encourages the Commission to use its powers to monitor the implementation of Community law in the waste sector more stringently and to apply Articles 226 and 228(2) of the EC Treaty without reservation; |
| --- | --- |

17.

Considers that there is an urgent need to speed up the entire Treaty-infringement procedure in the waste sector, in order to put an end to the competitive disadvantages suffered by companies established in Member States which implement legislation within the prescribed period; encourages the Commission to use its powers to monitor the implementation of Community law in the waste sector more stringently and to apply Articles 226 and 228(2) of the EC Treaty without reservation;

| 18. | Considers, moreover, with a view to the transposition of Community law, that there is an urgent need for more intensive coordination between the Member States, with the participation of the Commission, in order to ensure better exchange of experience and to avoid excessive discrepancies in transposition into national law; therefore calls on the Commission and the Member States once again to set up a waste steering and advisory committee to facilitate thorough and consistent monitoring and coordination of implementation of the applicable waste legislation and consultation with stakeholders on all legislation on waste; |
| --- | --- |

18.

Considers, moreover, with a view to the transposition of Community law, that there is an urgent need for more intensive coordination between the Member States, with the participation of the Commission, in order to ensure better exchange of experience and to avoid excessive discrepancies in transposition into national law; therefore calls on the Commission and the Member States once again to set up a waste steering and advisory committee to facilitate thorough and consistent monitoring and coordination of implementation of the applicable waste legislation and consultation with stakeholders on all legislation on waste;

| 19. | Proposes that the abovementioned body should review the existing rules on waste with a view to coherence and simplification, with the aim of recommending, where necessary, the review of provisions which result in unnecessary costs to the authorities and industry or which inhibit innovation, without lowering the level of protection of human health or the environment; |
| --- | --- |

19.

Proposes that the abovementioned body should review the existing rules on waste with a view to coherence and simplification, with the aim of recommending, where necessary, the review of provisions which result in unnecessary costs to the authorities and industry or which inhibit innovation, without lowering the level of protection of human health or the environment;

| 20. | Proposes that a separate category, ‘re-use’, be distinguished from the waste category ‘recovery’, between prevention and recycling; considers that, in this way, re-use will be defined in its own right and that it will be possible to take effective measures to promote re-use; takes the view that an optimal waste management strategy is a combination of prevention, re-use of products and components, recycling of materials, energy recovery and environmentally friendly disposal; |
| --- | --- |

20.

Proposes that a separate category, ‘re-use’, be distinguished from the waste category ‘recovery’, between prevention and recycling; considers that, in this way, re-use will be defined in its own right and that it will be possible to take effective measures to promote re-use; takes the view that an optimal waste management strategy is a combination of prevention, re-use of products and components, recycling of materials, energy recovery and environmentally friendly disposal;

| 21. | Points, in this connection, to the importance of energy recovery for sustainable waste management, following recourse to all possibilities for prevention, re-use and recycling; |
| --- | --- |

21.

Points, in this connection, to the importance of energy recovery for sustainable waste management, following recourse to all possibilities for prevention, re-use and recycling;

| 22. | Calls for the setting up of a Working Party on Waste Prevention, consisting of experts from the Member States and the Commission, to evaluate, within a period of two years, current and new data and studies on waste prevention and to draw up indicators for waste prevention and practical recommendations for measures; the findings of the working party should be forwarded to the European Parliament and the Council in a report and made available to the public; the Commission should, on the basis of the report and the data expected by 2006 by way of the regulation on waste statistics, propose a legislative framework on waste reduction that sets up the various tools needed to implement and accompany the objectives set for waste reduction, namely:






  — | clarification and elaboration of the definition of waste prevention, |
| --- | --- | --- |

22.

Calls for the setting up of a Working Party on Waste Prevention, consisting of experts from the Member States and the Commission, to evaluate, within a period of two years, current and new data and studies on waste prevention and to draw up indicators for waste prevention and practical recommendations for measures; the findings of the working party should be forwarded to the European Parliament and the Council in a report and made available to the public; the Commission should, on the basis of the report and the data expected by 2006 by way of the regulation on waste statistics, propose a legislative framework on waste reduction that sets up the various tools needed to implement and accompany the objectives set for waste reduction, namely:

—

clarification and elaboration of the definition of waste prevention,

| — | guidelines for drawing up waste reduction plans, |
| --- | --- |

—

guidelines for drawing up waste reduction plans,

| — | bi-annual monitoring and reporting mechanisms on the implementation of the national waste reduction plans, |
| --- | --- |

—

bi-annual monitoring and reporting mechanisms on the implementation of the national waste reduction plans,

| — | harmonised methodology for measuring, and reporting on, waste reduction through the development of a range of harmonised waste reduction indicators for municipal and industrial waste reduction and, if necessary, for different types of waste within these categories; |
| --- | --- |

—

harmonised methodology for measuring, and reporting on, waste reduction through the development of a range of harmonised waste reduction indicators for municipal and industrial waste reduction and, if necessary, for different types of waste within these categories;

| 23. | Rejects compulsory waste reduction plans, since such plans would have too great an impact on production processes; takes the view, however, that voluntary waste reduction plans or programmes at regional, local or sectoral level would, by contrast, be welcome; |
| --- | --- |

23.

Rejects compulsory waste reduction plans, since such plans would have too great an impact on production processes; takes the view, however, that voluntary waste reduction plans or programmes at regional, local or sectoral level would, by contrast, be welcome;

| 24. | Calls on the Commission to establish tools supplementary to the waste reduction framework, such as:






  — | a cleaner production benchmark for structural funding, |
| --- | --- | --- |

24.

Calls on the Commission to establish tools supplementary to the waste reduction framework, such as:

—

a cleaner production benchmark for structural funding,

| — | an EU network of technical assistance centres on cleaner production that offer their services free of charge, |
| --- | --- |

—

an EU network of technical assistance centres on cleaner production that offer their services free of charge,

| — | criteria for waste reduction for inclusion in the industry authorisation process, |
| --- | --- |

—

criteria for waste reduction for inclusion in the industry authorisation process,

| — | a system of accredited re-use and repair centres, |
| --- | --- |

—

a system of accredited re-use and repair centres,

| — | guidelines and criteria for implementing ‘pay-as-you-throw’ schemes, and a working group for sharing knowledge about best practice on ‘pay-as-you-throw’ schemes, |
| --- | --- |

—

guidelines and criteria for implementing ‘pay-as-you-throw’ schemes, and a working group for sharing knowledge about best practice on ‘pay-as-you-throw’ schemes,

| — | a working group, operating in conjunction with the Thematic Strategy on the Sustainable Use and Management of Natural Resources, with a view to identifying environmentally harmful subsidies on the one hand and environmentally beneficial taxes on resources on the other; |
| --- | --- |

—

a working group, operating in conjunction with the Thematic Strategy on the Sustainable Use and Management of Natural Resources, with a view to identifying environmentally harmful subsidies on the one hand and environmentally beneficial taxes on resources on the other;

| 25. | Calls on the Commission to consider extending Directive 96/61/EC to the waste sector as a whole and, in so doing, to take account of experience to date in terms of the enforcement and effectiveness of that directive; |
| --- | --- |

25.

Calls on the Commission to consider extending Directive 96/61/EC to the waste sector as a whole and, in so doing, to take account of experience to date in terms of the enforcement and effectiveness of that directive;

| 26. | Calls on the Commission to propose that Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading be extended to all waste management operations, so as to establish an incentive to reduce CO2 emissions from this sector; |
| --- | --- |

26.

Calls on the Commission to propose that Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading be extended to all waste management operations, so as to establish an incentive to reduce CO2 emissions from this sector;

| 27. | Welcomes the fact that the Commission recently submitted legislative proposals on mining waste and for the revision of the batteries directive as well as the Commission's plan to submit proposals during 2004 on biodegradable waste and to amend the sewage sludge directive, which are important elements of the strategy; |
| --- | --- |

27.

Welcomes the fact that the Commission recently submitted legislative proposals on mining waste and for the revision of the batteries directive as well as the Commission's plan to submit proposals during 2004 on biodegradable waste and to amend the sewage sludge directive, which are important elements of the strategy;

| 28. | Calls on the Commission to submit proposals within two years for harmonised standards for recovery and recycling facilities, including pre-treatment facilities, at a high level; |
| --- | --- |

28.

Calls on the Commission to submit proposals within two years for harmonised standards for recovery and recycling facilities, including pre-treatment facilities, at a high level;

| 29. | Calls on the Commission to submit within two years proposals for defining quality standards for materials recovered from recycling of waste; |
| --- | --- |

29.

Calls on the Commission to submit within two years proposals for defining quality standards for materials recovered from recycling of waste;

| 30. | Considers that there is a need to establish further recycling targets and standards for waste streams which, owing to their quantity or hazardousness, have a considerable impact on the environment and which, because of their negative or low value, offer no or hardly any market incentive for recycling, with particular reference to construction and demolition waste, as provided for in the Sixth Community Environment Action Programme, and commercial and industrial waste; |
| --- | --- |

30.

Considers that there is a need to establish further recycling targets and standards for waste streams which, owing to their quantity or hazardousness, have a considerable impact on the environment and which, because of their negative or low value, offer no or hardly any market incentive for recycling, with particular reference to construction and demolition waste, as provided for in the Sixth Community Environment Action Programme, and commercial and industrial waste;

| 31. | Calls on the Commission, with a view to long-term, sustainable recycling, to propose practical measures to ensure the competitiveness of secondary raw materials in relation to primary raw materials; |
| --- | --- |

31.

Calls on the Commission, with a view to long-term, sustainable recycling, to propose practical measures to ensure the competitiveness of secondary raw materials in relation to primary raw materials;

| 32. | Calls on the Commission to take measures to encourage re-use; recommends that Member States apply a reduced VAT rate on products sold by re-use centres; |
| --- | --- |

32.

Calls on the Commission to take measures to encourage re-use; recommends that Member States apply a reduced VAT rate on products sold by re-use centres;

| 33. | Calls for the quantities of waste for disposal to be reduced to a minimum, in order for the waste to be recycled; calls for the most extensive ban possible on landfill of recyclable or compostable waste by the year 2025, and requests the Commission to suggest a revision of the landfill directive accordingly, including a phased timetable which might take the following form:






  — | from 2010, a ban on landfill of non-pretreated waste with fermentable components; |
| --- | --- | --- |

33.

Calls for the quantities of waste for disposal to be reduced to a minimum, in order for the waste to be recycled; calls for the most extensive ban possible on landfill of recyclable or compostable waste by the year 2025, and requests the Commission to suggest a revision of the landfill directive accordingly, including a phased timetable which might take the following form:

—

from 2010, a ban on landfill of non-pretreated waste with fermentable components;

| — | from 2015, a ban on landfill of paper, cardboard, glass, textiles, wood, plastics, metals, rubber, cork, pottery, concrete, brick and tiles; |
| --- | --- |

—

from 2015, a ban on landfill of paper, cardboard, glass, textiles, wood, plastics, metals, rubber, cork, pottery, concrete, brick and tiles;

| — | from 2020, a ban on landfill of all recyclable waste; |
| --- | --- |

—

from 2020, a ban on landfill of all recyclable waste;

| — | from 2025, a ban on landfill of all residual waste, except where this is unavoidable or hazardous (e.g. filter ash); |
| --- | --- |

—

from 2025, a ban on landfill of all residual waste, except where this is unavoidable or hazardous (e.g. filter ash);

| 34. | Calls on the Commission to propose measures which ensure that products and their packaging put on the market after 2010 are re-usable and/or recyclable; |
| --- | --- |

34.

Calls on the Commission to propose measures which ensure that products and their packaging put on the market after 2010 are re-usable and/or recyclable;

| 35. | Considers the harmonisation of landfill taxes to be appropriate since it makes landfill more expensive and generates income to raise quality standards of landfills; calls for stricter criteria for the depositing and sealing of landfill; |
| --- | --- |

35.

Considers the harmonisation of landfill taxes to be appropriate since it makes landfill more expensive and generates income to raise quality standards of landfills; calls for stricter criteria for the depositing and sealing of landfill;

| 36. | Confirms that manufacturer responsibility should continue to be an essential feature of Community waste policy; |
| --- | --- |

36.

Confirms that manufacturer responsibility should continue to be an essential feature of Community waste policy;

| 37. | Stresses the importance of the implementation of the concept of individual producer responsibility in order to encourage design aimed at waste prevention for priority end-of-life product waste streams such as batteries, construction waste, furniture, paper and tyres; |
| --- | --- |

37.

Stresses the importance of the implementation of the concept of individual producer responsibility in order to encourage design aimed at waste prevention for priority end-of-life product waste streams such as batteries, construction waste, furniture, paper and tyres;

| 38. | Asks the Commission to investigate in greater detail the efficiency and cost effectiveness of materialbased recycling targets and, in addition, to clarify how manufacturer responsibility should be assigned; points out that material-based recycling targets make sense only where there are no secondary raw material markets in operation; |
| --- | --- |

38.

Asks the Commission to investigate in greater detail the efficiency and cost effectiveness of materialbased recycling targets and, in addition, to clarify how manufacturer responsibility should be assigned; points out that material-based recycling targets make sense only where there are no secondary raw material markets in operation;

| 39. | Asks the Commission to investigate in greater detail the possible use of tradeable certificates as an instrument for the achievement of recovery targets, to evaluate experience with trading certificates in other sectors and to summarise the findings in a report before they are tested in recovery sectors which are capable of being monitored; |
| --- | --- |

39.

Asks the Commission to investigate in greater detail the possible use of tradeable certificates as an instrument for the achievement of recovery targets, to evaluate experience with trading certificates in other sectors and to summarise the findings in a report before they are tested in recovery sectors which are capable of being monitored;

| 40. | Rejects, at present, the establishment of European recycling quotas to replace the quotas hitherto to be achieved at national level, since they could lead to considerable discrepancies in waste standards in Europe and thereby to distortions of competition; such an instrument would depend on the establishment of harmonised recovery standards and the development of an efficient European monitoring and sanctions system, which should be explored in greater depth in conjunction with tradeable certificates; |
| --- | --- |

40.

Rejects, at present, the establishment of European recycling quotas to replace the quotas hitherto to be achieved at national level, since they could lead to considerable discrepancies in waste standards in Europe and thereby to distortions of competition; such an instrument would depend on the establishment of harmonised recovery standards and the development of an efficient European monitoring and sanctions system, which should be explored in greater depth in conjunction with tradeable certificates;

| 41. | Considers ‘pay-as-you-throw’ schemes to be a promising instrument for creating financial incentives for individuals and companies to reduce the volume of residual waste or to collect waste separately; considers, however, that they are more suitable for use at regional and local level, owing to the differences in regional conditions; welcomes, therefore, the Commission's initiative to produce a guidebook for local decision-makers; |
| --- | --- |

41.

Considers ‘pay-as-you-throw’ schemes to be a promising instrument for creating financial incentives for individuals and companies to reduce the volume of residual waste or to collect waste separately; considers, however, that they are more suitable for use at regional and local level, owing to the differences in regional conditions; welcomes, therefore, the Commission's initiative to produce a guidebook for local decision-makers;

| 42. | In this respect, encourages Member States and regional and local authorities to develop and implement, in cooperation with recycling companies, policies and measures designed to ensure the separate collection of recyclable materials; points out that the failure of certain authorities to do so leads to a distortion of the level playing-field; |
| --- | --- |

42.

In this respect, encourages Member States and regional and local authorities to develop and implement, in cooperation with recycling companies, policies and measures designed to ensure the separate collection of recyclable materials; points out that the failure of certain authorities to do so leads to a distortion of the level playing-field;

| 43. | Emphasises that industrial waste materials are often easier to recycle, since they are frequently purer and of a higher quality; calls on the Commission, therefore, to take due account of this in the planned legal act and to provide for compulsory separate collection of recyclable materials in industry; |
| --- | --- |

43.

Emphasises that industrial waste materials are often easier to recycle, since they are frequently purer and of a higher quality; calls on the Commission, therefore, to take due account of this in the planned legal act and to provide for compulsory separate collection of recyclable materials in industry;

| 44. | Asks the Commission to differentiate clearly between recovery and disposal, as swiftly as possible and independently of the strategy; |
| --- | --- |

44.

Asks the Commission to differentiate clearly between recovery and disposal, as swiftly as possible and independently of the strategy;

| 45. | Calls in this connection for compliance with the judgment of the Court of Justice whereby incineration of waste in a waste incineration plant is recognised as a disposal operation even if energy is recovered and supplied to third parties; |
| --- | --- |

45.

Calls in this connection for compliance with the judgment of the Court of Justice whereby incineration of waste in a waste incineration plant is recognised as a disposal operation even if energy is recovered and supplied to third parties;

| 46. | Calls on the Commission to evaluate the consultation procedure as regards the definition of the concept of waste already carried out and to make it accessible to the public; |
| --- | --- |

46.

Calls on the Commission to evaluate the consultation procedure as regards the definition of the concept of waste already carried out and to make it accessible to the public;

| 47. | Calls on the Commission, as provided in the Sixth Community Environment Action Programme, to clarify the distinction between waste and non-waste, to clarify the definition of recovery and to draw up a general definition of the terms ‘waste prevention’, ‘re-use’, ‘recycling’ and ‘recycler’ as swiftly as possible and independently of the strategy; |
| --- | --- |

47.

Calls on the Commission, as provided in the Sixth Community Environment Action Programme, to clarify the distinction between waste and non-waste, to clarify the definition of recovery and to draw up a general definition of the terms ‘waste prevention’, ‘re-use’, ‘recycling’ and ‘recycler’ as swiftly as possible and independently of the strategy;

| 48. | Urges the Commission to consider the scope for making legislation on waste more flexible, for example by increasing the discretion to treat waste on a case by case basis, according to its quality, and to apply less cumbersome administrative procedures, so as to ensure that legislation does not unnecessarily impede the recycling and utilisation of waste; |
| --- | --- |

48.

Urges the Commission to consider the scope for making legislation on waste more flexible, for example by increasing the discretion to treat waste on a case by case basis, according to its quality, and to apply less cumbersome administrative procedures, so as to ensure that legislation does not unnecessarily impede the recycling and utilisation of waste;

| 49. | Proposes that information campaigns should be used to heighten awareness in favour of sustainable waste management among the public, the authorities and economic stakeholders; |
| --- | --- |

49.

Proposes that information campaigns should be used to heighten awareness in favour of sustainable waste management among the public, the authorities and economic stakeholders;

| 50. | Calls for the participation of all parties involved in the waste recycling cycle, including end users, and calls for measures for the separate collection of waste, in order to meet the challenge of sustainable waste management; |
| --- | --- |

50.

Calls for the participation of all parties involved in the waste recycling cycle, including end users, and calls for measures for the separate collection of waste, in order to meet the challenge of sustainable waste management;

| 51. | Calls for the establishment of advice centres to promote waste prevention and sustainable waste management among small businesses; |
| --- | --- |

51.

Calls for the establishment of advice centres to promote waste prevention and sustainable waste management among small businesses;

| 52. | Calls on the Member States to enter into an exchange of information at European level on national training and education programmes in the field of waste management, and proposes that a European study be carried out in schools on the teaching and knowledge of the problems associated with waste, with the aim of addressing a recommendation to the Member States aimed at heightening awareness of those problems amongst young people; also proposes in this context that a support programme be set up for school projects on the basis of this study, with the aim of introducing waste prevention and sustainable waste management in schools; |
| --- | --- |

52.

Calls on the Member States to enter into an exchange of information at European level on national training and education programmes in the field of waste management, and proposes that a European study be carried out in schools on the teaching and knowledge of the problems associated with waste, with the aim of addressing a recommendation to the Member States aimed at heightening awareness of those problems amongst young people; also proposes in this context that a support programme be set up for school projects on the basis of this study, with the aim of introducing waste prevention and sustainable waste management in schools;

| 53. | Calls on the Commission and the Member States to intensify their efforts to develop international waste disposal standards further at UN and OECD level; |
| --- | --- |

53.

Calls on the Commission and the Member States to intensify their efforts to develop international waste disposal standards further at UN and OECD level;

| 54. | Welcomes the Commission's intention to subject the strategy to an extended impact assessment; |
| --- | --- |

54.

Welcomes the Commission's intention to subject the strategy to an extended impact assessment;

| 55. | Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States. |
| --- | --- |

55.

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

---

(1)  OJ L 242, 10.9.2002, p. 1.

(2)  OJ L 257, 10.10.1996, p. 26.

(3)  P5_TA(2003)0508.

(4)  OJ C 362, 2.12.1996, p. 241.

(5)  OJ C 76, 11.3.1997, p. 1.

(6)  OJ L 194, 25.7.1975, p. 39. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

P5_TA(2004)0309

Respect for and promotion of the values on which the Union is based

European Parliament legislative resolution on the Commission communication on Article 7 of the Treaty on European Union: Respect for and promotion of the values on which the Union is based (COM(2003) 606 — C5-0594/2003 — 2003/2249(INI))

And somehow or other good men are slower in action, and overlooking the first beginnings of things, are at last aroused by necessity itself so that some times through their very delays and tardiness of movement while they wish to retain their ease even without dignity, they, of their own accord, lose both.

M. Tullius Cicero, Pro Sestio 100

The European Parliament,

The European Parliament,

| — | having regard to Articles 6 and 7 of the Treaty on European Union and to Article 309 of the Treaty establishing the European Community, |
| --- | --- |

—

having regard to Articles 6 and 7 of the Treaty on European Union and to Article 309 of the Treaty establishing the European Community,

| — | having regard to the Charter of Fundamental Rights of the European Union, signed in Nice on 7 December 2000 (1), |
| --- | --- |

—

having regard to the Charter of Fundamental Rights of the European Union, signed in Nice on 7 December 2000 (1),

1

| — | having regard to the draft Treaty establishing a Constitution for Europe drawn up by the Convention on the Future of Europe (2), |
| --- | --- |

—

having regard to the draft Treaty establishing a Constitution for Europe drawn up by the Convention on the Future of Europe (2),

2

| — | having regard to the Commission communication (COM(2003) 606 — C5-0594/2003), |
| --- | --- |

—

having regard to the Commission communication (COM(2003) 606 — C5-0594/2003),

| — | having regard to Rules 47(2) and 163 of its Rules of Procedure, |
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—

having regard to Rules 47(2) and 163 of its Rules of Procedure,

| — | having regard to the report of the Committee on Constitutional Affairs and the opinion of the Committee on Legal Affairs and the Internal Market (A5-0227/2004), |
| --- | --- |

—

having regard to the report of the Committee on Constitutional Affairs and the opinion of the Committee on Legal Affairs and the Internal Market (A5-0227/2004),

| A. | whereas Article 6 of the EU Treaty establishes the European Union as a community of values and fundamental rights and enshrines the principle of respect for fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the traditions of the Member States, |
| --- | --- |

A.

whereas Article 6 of the EU Treaty establishes the European Union as a community of values and fundamental rights and enshrines the principle of respect for fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the traditions of the Member States,

| B. | whereas respect for the values on which the Union is based is a precondition for membership of and involvement with the Union, and whereas a serious and persistent breach of those values may lead to the imposition of the penalties referred to in Article 7, |
| --- | --- |

B.

whereas respect for the values on which the Union is based is a precondition for membership of and involvement with the Union, and whereas a serious and persistent breach of those values may lead to the imposition of the penalties referred to in Article 7,

| C. | whereas the Charter of Fundamental Rights of the European Union has been solemnly proclaimed by the European Council and the European Parliament, whereas it has been accepted by the European Commission, and has been taken into account by the European Court of Justice, |
| --- | --- |

C.

whereas the Charter of Fundamental Rights of the European Union has been solemnly proclaimed by the European Council and the European Parliament, whereas it has been accepted by the European Commission, and has been taken into account by the European Court of Justice,

| D. | whereas the Convention on the Future of Europe incorporated the Charter of Fundamental Rights into its draft Constitution, |
| --- | --- |

D.

whereas the Convention on the Future of Europe incorporated the Charter of Fundamental Rights into its draft Constitution,

| E. | whereas Article 2 of the draft Treaty establishing a Constitution for Europe places respect for human dignity at the head of the list of values on which the Union is founded, expands that list to include respect for equality and makes clear that these values are common to the Member States, whose societies are characterised by pluralism, tolerance, justice, solidarity and non-discrimination, |
| --- | --- |

E.

whereas Article 2 of the draft Treaty establishing a Constitution for Europe places respect for human dignity at the head of the list of values on which the Union is founded, expands that list to include respect for equality and makes clear that these values are common to the Member States, whose societies are characterised by pluralism, tolerance, justice, solidarity and non-discrimination,

| F. | whereas the same draft constitutional Treaty confirms the texts incorporated successively by the Treaty of Amsterdam and by the Treaty of Nice into the basic Treaties in the form of Article 7, and whereas this draft has clarified the texts by transforming them into Article 58, which lays down the Union's power, |
| --- | --- |

F.

whereas the same draft constitutional Treaty confirms the texts incorporated successively by the Treaty of Amsterdam and by the Treaty of Nice into the basic Treaties in the form of Article 7, and whereas this draft has clarified the texts by transforming them into Article 58, which lays down the Union's power,

| G. | whereas all the European Union Member States are members of the United Nations and the principle of the rule of law therefore embraces respect for international law and the United Nations Charter, |
| --- | --- |

G.

whereas all the European Union Member States are members of the United Nations and the principle of the rule of law therefore embraces respect for international law and the United Nations Charter,

| 1. | Welcomes the Commission's initiative as an important contribution to closer cooperation among all EU institutions on protecting the values of the Union and, hence, human rights and fundamental freedoms; |
| --- | --- |

1.

Welcomes the Commission's initiative as an important contribution to closer cooperation among all EU institutions on protecting the values of the Union and, hence, human rights and fundamental freedoms;

| 2. | Takes the view that, when determining whether a clear risk of a breach of the principles referred to in Article 6(1), pursuant to Article 7(1), or a serious and persistent breach, pursuant to Article 7(2), exists, a higher standard of protection of fundamental rights is needed than that proposed by the Commission; |
| --- | --- |

2.

Takes the view that, when determining whether a clear risk of a breach of the principles referred to in Article 6(1), pursuant to Article 7(1), or a serious and persistent breach, pursuant to Article 7(2), exists, a higher standard of protection of fundamental rights is needed than that proposed by the Commission;

| 3. | Takes the view that, when Article 7 is applied, due attention must be paid to political phenomena which must be regarded as clear risks of a breach or as serious and persistent breaches of the values on which the Union is based and which do not merely constitute a series of individual breaches of the law: failures by a Member State to act on violations of human rights, tolerance of such violations, or the promotion of a climate or social conditions in which individuals rightly feel threatened must be recognised as a clear risk of a breach of the Union's values and its citizens' fundamental freedoms; |
| --- | --- |

3.

Takes the view that, when Article 7 is applied, due attention must be paid to political phenomena which must be regarded as clear risks of a breach or as serious and persistent breaches of the values on which the Union is based and which do not merely constitute a series of individual breaches of the law: failures by a Member State to act on violations of human rights, tolerance of such violations, or the promotion of a climate or social conditions in which individuals rightly feel threatened must be recognised as a clear risk of a breach of the Union's values and its citizens' fundamental freedoms;

| 4. | Does not share the Commission's conviction that ‘in this Union of values it will not be necessary to apply penalties pursuant to Article 7 of the EU Treaty and Article 309 of the EC Treaty’; takes the view, instead, that ignoring the possible need for penalties must create the impression that the Union is not prepared or is not in a position to use all the means at its disposal to defend its values; |
| --- | --- |

4.

Does not share the Commission's conviction that ‘in this Union of values it will not be necessary to apply penalties pursuant to Article 7 of the EU Treaty and Article 309 of the EC Treaty’; takes the view, instead, that ignoring the possible need for penalties must create the impression that the Union is not prepared or is not in a position to use all the means at its disposal to defend its values;

| 5. | Notes that neither the Treaty of Nice nor the draft Constitution enhance the nature or extend the scope of the measures involving the suspension of rights which the Council of Ministers may decide to take; |
| --- | --- |

5.

Notes that neither the Treaty of Nice nor the draft Constitution enhance the nature or extend the scope of the measures involving the suspension of rights which the Council of Ministers may decide to take;

| 6. | Emphasises that the Treaty, by stipulating that Parliament must give its assent prior to any decision by the Council, and by granting Parliament the right to call for a procedure to be opened in the event of a clear risk of a serious breach, acknowledges Parliament's special role as an advocate for European citizens; takes the view that, when performing that special role, Parliament must exercise its powers in defending common principles, values and fundamental rights in a non-partisan, prudent, responsible and fair manner; |
| --- | --- |

6.

Emphasises that the Treaty, by stipulating that Parliament must give its assent prior to any decision by the Council, and by granting Parliament the right to call for a procedure to be opened in the event of a clear risk of a serious breach, acknowledges Parliament's special role as an advocate for European citizens; takes the view that, when performing that special role, Parliament must exercise its powers in defending common principles, values and fundamental rights in a non-partisan, prudent, responsible and fair manner;

| 7. | Takes the view, therefore, that, notwithstanding all necessary consultations and exchanges of information among the European institutions, its definitive opinion must be based on its independent decision; |
| --- | --- |

7.

Takes the view, therefore, that, notwithstanding all necessary consultations and exchanges of information among the European institutions, its definitive opinion must be based on its independent decision;

| 8. | Emphasises its particular responsibility as the directly elected representative of European citizens in defending democracy, the rule of law and fundamental rights; |
| --- | --- |

8.

Emphasises its particular responsibility as the directly elected representative of European citizens in defending democracy, the rule of law and fundamental rights;

| 9. | Welcomes the extension of its role under the Article 7 procedure brought about by the Treaty of Nice; takes the view that the lack of a right of initiative for Parliament in the procedure laid down to deal with serious breaches should in no way prevent Parliament from carrying out its normal role, so that, although at present it may not be able to submit a formal request on the basis of the law, there is nothing to stop it from using its supervisory powers to make a political call for action by the Council; |
| --- | --- |

9.

Welcomes the extension of its role under the Article 7 procedure brought about by the Treaty of Nice; takes the view that the lack of a right of initiative for Parliament in the procedure laid down to deal with serious breaches should in no way prevent Parliament from carrying out its normal role, so that, although at present it may not be able to submit a formal request on the basis of the law, there is nothing to stop it from using its supervisory powers to make a political call for action by the Council;

| 10. | Emphasises that, in order to determine the existence of a clear risk of a serious breach (Article 7(1) of the EU Treaty) or of a serious and persistent breach (Article 7(2) of the EU Treaty) of common principles, the Council needs Parliament's assent; it is thus all the more necessary for the above-mentioned conditions to be fulfilled; |
| --- | --- |

10.

Emphasises that, in order to determine the existence of a clear risk of a serious breach (Article 7(1) of the EU Treaty) or of a serious and persistent breach (Article 7(2) of the EU Treaty) of common principles, the Council needs Parliament's assent; it is thus all the more necessary for the above-mentioned conditions to be fulfilled;

| 11. | States that the following principles should underpin the application of Article 7 of the EU Treaty and, in particular, the requirement that it should give its assent when breaches are established pursuant to paragraphs 1 and 2, and calls on the Commission and Council likewise to respect the following principles:






  (a) | Principle of confidence
  The Union looks to its Member States to take active steps to safeguard the Union's shared values and states, on this basis, that as a matter of principle it has confidence in:






  — | the democratic and constitutional order of all Member States and in the ability and determination of their institutions to avert risks to fundamental freedoms and common principles, |
| --- | --- | --- | --- |

11.

States that the following principles should underpin the application of Article 7 of the EU Treaty and, in particular, the requirement that it should give its assent when breaches are established pursuant to paragraphs 1 and 2, and calls on the Commission and Council likewise to respect the following principles:

(a)

Principle of confidence

The Union looks to its Member States to take active steps to safeguard the Union's shared values and states, on this basis, that as a matter of principle it has confidence in:

—

the democratic and constitutional order of all Member States and in the ability and determination of their institutions to avert risks to fundamental freedoms and common principles,

| — | the authority of the European Court of Justice and of the European Court of Human Rights. |
| --- | --- |

—

the authority of the European Court of Justice and of the European Court of Human Rights.

Union intervention pursuant to Article 7 of the EU Treaty must therefore be confined to instances of clear risks and persistent breaches and may not be invoked in support of any right to, or policy of, permanent monitoring of the Member States by the Union. Nevertheless, the Member States, accession countries and candidate countries must continue to develop democracy, the rule of law and respect for fundamental rights further and, where necessary, implement or continue to implement corresponding reforms;

The principle of confidence does not stand in the way of greater use of the services of the European Monitoring Centre for Racism and Xenophobia; if appropriate, the role of the Monitoring Centre could be revised with a view to providing independent and objective scrutiny on a broader basis;

| (b) | Principle of plurality
  The Union respects the plurality of ideologies, political objectives and values and the democratic competition between them on the basis of fundamental rights and common values. Parliament, the Council and the Commission must therefore ensure that no improper use is made of the procedures under Article 7 of the EU Treaty as instruments of political opposition; |
| --- | --- |

(b)

Principle of plurality

The Union respects the plurality of ideologies, political objectives and values and the democratic competition between them on the basis of fundamental rights and common values. Parliament, the Council and the Commission must therefore ensure that no improper use is made of the procedures under Article 7 of the EU Treaty as instruments of political opposition;

| (c) | Principle of equality
  In connection with the application of Article 7 of the EU Treaty, the Union acknowledges the principle of strict equality of treatment of all Member States irrespective of size, political orientation, financial contribution to the Union budget, length of membership of the Union or other differences; |
| --- | --- |

(c)

Principle of equality

In connection with the application of Article 7 of the EU Treaty, the Union acknowledges the principle of strict equality of treatment of all Member States irrespective of size, political orientation, financial contribution to the Union budget, length of membership of the Union or other differences;

| (d) | Principle of openness
  All decisions taken under Article 7 of the EU Treaty would thus need to be as credible as possible to European citizens. Without prejudice to diplomatic consultations and other political talks, the procedures must be transparent, understandable and open to the public; |
| --- | --- |

(d)

Principle of openness

All decisions taken under Article 7 of the EU Treaty would thus need to be as credible as possible to European citizens. Without prejudice to diplomatic consultations and other political talks, the procedures must be transparent, understandable and open to the public;

| 12. | Regards it as advisable, once the new Parliament and the new Commission have taken office, to embark on an interinstitutional dialogue on a set of common criteria and the above-mentioned principles governing the opening of the Article 7 procedure with a view to organising cooperation and the exchange of all essential information among the European institutions; |
| --- | --- |

12.

Regards it as advisable, once the new Parliament and the new Commission have taken office, to embark on an interinstitutional dialogue on a set of common criteria and the above-mentioned principles governing the opening of the Article 7 procedure with a view to organising cooperation and the exchange of all essential information among the European institutions;

| 13. | Instructs its President to forward this resolution to the Council, the Commission and the governments of the Member States and accession countries. |
| --- | --- |

13.

Instructs its President to forward this resolution to the Council, the Commission and the governments of the Member States and accession countries.

---

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

1

(2)  OJ C 169, 18.7.2003, p. 1.

2

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